Agreement Between You and Huntsville Outdoors
The Web site is owned and operated by HUNTSVILLE OUTDOORS, LLC and is offered to you conditioned on your acceptance without modification of the terms, conditions, disclaimers, and notices contained herein. Use of the content, services, and/or products presented in any and all areas of this site constitutes your agreement that you will not use the Web site for any unlawful purpose and that you will abide by the following terms and conditions and those posted in specific areas of the site. This agreement between you and HUNTSVILLE OUTDOORS, LLC is effective until terminated by HUNTSVILLE OUTDOORS, LLC, and may be terminated or changed by HUNTSVILLE OUTDOORS, LLC at any time without notice.
Your Obligations
In connection with your use of the Web site, you shall abide by all applicable federal, state or local laws including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. You are responsible for the content of any information that you put on the Web site. You agree that no materials of any kind submitted to the Web site by you will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material or be harmful to minors in any way. HUNTSVILLE OUTDOORS, LLC has no obligation to, and does not in the normal course, monitor or control any information that is or becomes available on the HUNTSVILLE OUTDOORS, LLC Web site. HUNTSVILLE OUTDOORS, LLC reserves the right to refuse to post or to remove any information that is, in HUNTSVILLE OUTDOORS, LLC'S sole discretion, unacceptable, undesirable or in violation of these rules. However, HUNTSVILLE OUTDOORS, LLC has no obligation to exercise such reservation of rights by HUNTSVILLE OUTDOORS, LLC. By posting content to any part of the Web site, or providing content to the site owners to post, you automatically grant, and you represent and warrant that you have the right to grant, to HUNTSVILLE OUTDOORS, LLC an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. HUNTSVILLE OUTDOORS, LLC authorizes you to view and download the materials on the Web site solely for your personal, non-commercial use. You may not sell or modify any information on the Web site or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose without the advance written permission of HUNTSVILLE OUTDOORS, LLC.
Huntsville Outdoors Copyright/Disclaimer Statement
All text, images, marks, logos and information contained on official HUNTSVILLE OUTDOORS, LLC Web sites -- including the HUNTSVILLE OUTDOORS logo at the top left of the site -- are the intellectual property of HUNTSVILLE OUTDOORS, LLC unless otherwise registered, and are protected under the U.S. Copyright Act 17 U.S.C. §§ 101-810, trade mark law, and other laws. Copyright gives the owner exclusive right to reproduce, distribute, perform, display, or license a given work. Whether or not a Web site includes a statement about copyright, the US copyright act provides protection for such works, and they may not be used or reproduced without permission. It is the responsibility of all parties storing materials on Web sites with HUNTSVILLE OUTDOORS, LLC domain addresses to ensure that such material does not violate other parties' proprietary rights and does not otherwise violate law or applicable HUNTSVILLE OUTDOOR, LLC policy. HUNTSVILLE OUTDOORS, LLC reserves the right to delete or make inaccessible files that contain material that is in violation of law or of applicable HUNTSVILLE OUTDOORS, LLC policy. HUNTSVILLE OUTDOORS, LLC is not responsible for any errors in the material provided on the Web and shall not be liable for any damages of any kind arising from the use of any material found on official HUNTSVILLE OUTDOORS, LLC Web sites or on any other sites with HUNTSVILLE OUTDOORS domain addresses.
The design, pictures, and logos used on Web sites directly managed by the HUNTSVILLE OUTDOORS, LLC Webmaster may not be copied and used or posted by any other person or entity. Links may be directed to these pages, but images, logos, maps, marks, etc., may not be copied and/or posted for any reason.
Use of the Web Site Information at Your Own Risk
The Web site may contain information or materials from various information sources including, without limitation, government agencies, other Web sites, the heads of the authors, and users of this site. HUNTSVILLE OUTDOORS, LLC does not represent or endorse the accuracy or reliability of any information or materials provided by these sources or any information, data, or analysis derived from these sources. HUNTSVILLE OUTDOORS, LLC does not represent that any information on the Web site may be downloaded outside of the United States. Reliance upon any such information or material shall also be exclusively AT YOUR OWN RISK. Neither HUNTSVILLE OUTDOORS, LLC nor its authors, contributors, founders, or agents shall be liable to you or anyone else for any inaccuracy, error, omission, poor or negligent advise, suggestion, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, or for any damages resulting therefrom.
This Web site may occasionally include information describing various put-in and take-out locations for recreational or whitewater boating, and may describe places in which such boating may take place. The Web site may occasionally reflect the opinions of the authors regarding water activities and boating activities. Additionally, this Web site provides information about outdoors activities, places to visit, methods of access, etc., and opinions regarding all of these topics. All of these opinions and this information is provided AS-IS with NO WARRANTY that the information is reliable or accurate. Users should understand that ALL outdoor activity, and specifically boating and water activities, are INHERENTLY DANGEROUS and should not be attempted by novices who are not skilled in the activities to be performed. No person should ever operate a canoe, kayak or other boat without proper personal protection devices, to include a Coast Guard Approved Personal Floatation Device, Helmet, and other appropriate gear. HUNTSVILLE OUTDOORS, LLC does not recommend particular types of safety equipment but encourages all users to take appropriate steps to education themselves as to such equipment before entering any water. Users of this Web site agree that HUNTSVILLE OUTDOORS, LLC and its authors and operators shall have NO LIABILITY for any action taken in reliance upon information found on this site. Users acknowledge that outdoor and water activities carry a risk of personal injury, including potential death and loss of limb, and other serious injuries. Users expressly agree to hold harmless and indemnify HUNTSVILLE OUTDOORS, LLC, its authors, owners, operators, and founders, of any liability resulting from any activity they undertake in reliance upon information set out on this Web site.
Respect for Copyrights Including Digital Materials and Software
It is the policy of HUNTSVILLE OUTDOORS, LLC to respect the copyright protections given by federal law to owners of intellectual property, including digital materials and software. It is against HUNTSVILLE OUTDOORS, LLC’s policy for anyone to use HUNTSVILLE OUTDOORS to access, use, copy or otherwise reproduce, or make available to others any copyright-protected materials, including digital materials and software, except as permitted under copyright law (especially with respect to "fair use") or specific license. HUNTSVILLE OUTDOORS, LLC regards violation of this policy as a serious matter.
Pursuant to 37 CFR § 201.38, HUNTSVILLE OUTDOORS, LLC has designated the following person to receive notification from copyright owners of claimed infringement of digital materials and software copyright: Eric Adams and David Canupp. Those individuals can be contacted here.
Limitation on Liability
Under no circumstances shall HUNTSVILLE OUTDOORS, LLC nor its authors, members, contributors, founders, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential damages, including, without limitation, personal injury, lost use, data, revenues, time, money, profits or goodwill arising from or in connection with the use, reliance on, or performance of the information on the Web site, even when HUNTSVILLE OUTDOORS, LLC has been advised of the possibility of such damages. HUNTSVILLE OUTDOORS, LLC shall not be liable for damages or injury caused in whole or in part, whether foreseeable or unforeseeable, and whether based in tort (including defamation), contract, strict liability or otherwise in producing and publishing this Web site or any information contained in this site or linked by or to this site. If you are dissatisfied with any of the Web site's material or services, or with any of the Web site's terms and conditions, your sole and exclusive remedy is to discontinue using the Web site.
Indemnity
As a condition of use of the Web site, you agree to indemnify HUNTSVILLE OUTDOORS, LLC and its members, authors, contributors, founders, and agents from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of any and all claims resulting from your use of the Web site and the materials (including software) thereon, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms of Use. This indemnity shall include, without limitation, any claim of inaccuracy or defamation based on materials that you submit for use on the site.
Third-Party Sites
The Web site may contain links to third-party Web sites. HUNTSVILLE OUTDOORS, LLC provides these links solely to assist users in locating other Internet resources that may be of interest to them and you assume sole responsibility and risk for your use of links to third-party Web sites. HUNTSVILLE OUTDOORS, LLC does not operate or control in any respect any information, content, products or services on such third-party Web sites. HUNTSVILLE OUTDOORS, LLC does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on these third-party Web sites. No reference or link to a third party or a third-party site shall constitute an endorsement of such third party or such third-party site.
Specific Disclaimer of Warranties
ALL MATERIALS AND SERVICES IN THIS WEB SITE, INCLUDING THOSE PROVIDED BY LINKS TO THIRD-PARTY WEB SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HUNTSVILLE OUTDOORS MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEB SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND/OR THE CONTENT CONTAINED HEREIN. HUNTSVILLE OUTDOORS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, HUNTSVILLE OUTDOORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND INFORMATION THROUGH THE WEB SITE AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION ARISING FROM ANY SUCH LOSS OR INJURY.
Modification
HUNTSVILLE OUTDOORS, LLC shall have the right, at its sole discretion, to make improvements and/or changes in any aspect of the Web site at any time and does not accept any responsibility for the effects these alterations may have. HUNTSVILLE OUTDOORS, LLC also reserves the right to change, modify, add or remove terms of this agreement at any time without notice. You agree to review this Agreement periodically since such changes, modifications, additions or deletions shall be effective immediately upon posting and your subsequent use after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
Miscellaneous
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. This Agreement has been made in and shall be construed and enforced in accordance with Alabama law. Any action to enforce this agreement shall be brought in the federal or state courts located in Huntsville, Alabama. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
