User Agreement
your hikes is
an online information, communication, advertising and sales service provided by
N2 Ventures, Inc. Your access and use of
your hikes is
subject to your compliance with the terms and conditions set forth below,
including all exhibits listed (I - Terms of Use, II -
Disclaimer, III - Copyright, IV - Points Program). Please examine this document carefully before
accessing or using your hikes.
By accessing or using the website, you agree to be
legally bound by the terms and conditions set forth below. You may not access or
use your hikes
should you not want to be bound by these terms and conditions. This
User Agreement
may be modified at any time, and any such modification shall be effective
immediately upon posting at this link. By your access and use of
your hikes
you agree to periodically review this User Agreement and shall be conclusively bound
by any future modifications.
I. Terms
Of Use
The legal terms and conditions stated apply to
web pages (htm, html, php, asp, etc), forums, discussion
groups, chat groups, bulletin boards and any other interactive areas of
your hikes. Use of,
access to, or participation in any of these or any other interactive areas of
your hikes
constitutes acceptance of these legal terms and conditions. Your participation
in on-line communications occurs in real time and is not edited, censored, or
otherwise controlled by N2 Ventures, Inc.
The corporation cannot and does not screen all content
provided by forum users of
your hikes.
Notwithstanding the foregoing, N2 Ventures, Inc.
reserves the right to monitor content on
your hikes and to
remove content which N2 Ventures, Inc. in its sole
discretion, determines to be harmful, offensive, or otherwise in violation of
these policies of operation. In order to maintain an informative and valuable
service that meets the needs of the users of
your hikes and
to avoid the harm that can result from the dissemination of statements that are
false, malicious, violate of the rights of others, or otherwise harmful, the following rules
are hereby enacted to protect against abuse:
1.0. Site Restrictions:
While using your hikes
you may not;
a. transmit any
email message anonymously or under a
false name;
b. post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, pornographic, profane
or otherwise objectionable information of any kind, including without limitation
any transmission constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any local,
state, national or international law. It is not the
corporations intent to discourage you from taking controversial positions
or expressing vigorously what may be unpopular views or opinions;
N2
Ventures, Inc. does, however, reserve the right to take such action as it
deems appropriate in instances where your hikes is used to disseminate statements which
are deeply and widely offensive and/or harmful in nature;
c. post or transmit any message which discloses private
or personal matters concerning any person;
d. post or transmit any information, file or software
that contains a virus, cancelbolt, worm, Trojan Horse or any other contaminating
or destructive features;
e. post or transmit any message, data, image or program
that would violate the property rights of others, including unauthorized
copyrighted text, images or programs, trade secrets or other confidential
proprietary information, and trademarks or service marks used in an infringing
fashion;
f. post or transmit charity requests, petitions for
signatures, chain letters or letters relating to pyramid schemes;
g.
advertise or
offer to sell any goods or services for any commercial purpose, with the
exception of members termed experts or travel providers;
h.
post, list or transmit articles, which are off topic
according to the description of the group affected;
i. conduct, display, or forward
surveys, contests, pyramid schemes, "spam" or chain letters;
j.
impersonate, or otherwise
misrepresent your affiliation with, any other person or entity;
k.
falsify or delete any attributions, legends or other
proprietary designations of the origin or source of software or other Content
appearing on the Web-site or contained in a file that is uploaded;
l.
harm minors;
m.
stalk or harass another individual;
n.
collect or store personal data about other members;
or violate any applicable local, state, federal, or international law or
regulation.
1.1. Trademarks:
your hikes
is a service mark of
N2 Ventures, Inc. You agree not to display or use in
any manner any marks of your hikes
without the corporation's prior permission. Third party
trademarks, service marks, logos and trade names appearing on the Web-site are
the property of their respective owners. For details on
service marks available for use click to
this
link.
1.2. Privacy: Your privacy
is important to your hikes.
All information gathered from you in connection with your use of the
website will be governed by the provisions of the
Privacy Statement.
1.3. Links to Third Party Sites: The links at
your hikes
will allow other sites to be accessed via the Internet. These linked sites are not under the
control of N2 Ventures, Inc. and the corporation is not responsible for the
contents of any linked site. N2 Ventures, Inc. provides links only as a
convenience, and such inclusion of any link does not imply endorsement by
N2
Ventures, Inc. of the third party site.
II. Site
Disclaimer
YOU AGREE THAT YOUR USE OF THIS SERVICE AT
your hikes
IS AT YOUR OWN RISK. YOU UNDERSTAND
THAT THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH
ELECTRONIC INFORMATION. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL
AND/OR DATA PROVIDED FROM N2 VENTURES, INC.
your hikes
IS PROVIDED TO YOU *AS IS,* *WITH ALL FAULTS,* AND *AS AVAILABLE.*
N2 VENTURES,
INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE
ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE. NOR
DO THEY GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE.
UNDER NO CIRCUMSTANCES SHALL N2 VENTURES, INC. OR THEIR AFFILIATES, AGENTS OR
LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF
your hikes,
INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL,
INDIRECT, OR SIMILAR DAMAGES, EVEN IF THE CORPORATION IS ADVISED BEFOREHAND OF THE
POSSIBILITY OF SUCH DAMAGES. FOR WEBSITE VISITORS IN STATES WHICH DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY. IN SUCH STATES, THE LIABILITY OF N2 VENTURES, INC. AND
THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF
N2 VENTURES, INC.
AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF
LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU
PAID TO THE SERVICE FOR THE USE OF THE SERVICE.
2.1. Waiver, Release and Limitation
of Liability:
YOU AGREE THAT NEITHER N2 VENTURES, INC. NOR ITS OFFICERS, DIRECTORS, EMPLOYEES,
CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR
SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR
INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, INDIRECT,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN ACTION UNDER CONTRACT,
NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THE WEBSITE,
INCLUDING, BUT NOT LIMITED TO
(A) YOUR USE OR INABILITY TO USE THE WEBSITE,
(B)
YOUR RELIANCE ON CONTENT OF THE WEBSITE, AND
(C) ANY GOODS, SERVICES OR OTHER
WEBSITES ADVERTISED AT your hikes,
EVEN IF N2 VENTURES, INC. OR SUCH RELATED PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER
WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST N2 VENTURES, INC., ITS OFFICERS, DIRECTORS,
EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT
PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE
NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH
YOUR USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
DAMAGES, SO SOME OF THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO YOU.
2.2. Indemnification: You agree to indemnify, defend and hold harmless
N2 Ventures, Inc. its officers, directors,
shareholders, affiliates, employees, consultants, agents, licensors, content
providers and suppliers from any and all third party claims, liability, damages,
losses, expenses and/or costs (including but not limited to reasonable
attorney's fees) arising from your failure to comply with these terms and
conditions; your
negligent or wrongful conduct, your infringement or violation of any
intellectual property or other right of a third party, Content provided by you
or from your violation of any applicable law.
2.3 Applicable Law:
These terms and conditions shall be governed by and construed in accordance with the laws of the
State of Georgia, without giving effect to any conflict of laws provisions.
III.
Copyright
The entire contents of
your hikes
are copyrighted under the United States copyright laws. N2 Ventures, Inc. is the
exclusive owner of the copyright. You may print and download portions of the
materials solely for your non-commercial use. Any other copying, redistribution,
publication or retransmission of any portion of
your hikes
material is strictly prohibited without the express
written permission of
N2
Ventures, Inc. or any third party information provider to
your hikes.
You agree not to change or delete any proprietary notices from any materials
downloaded from your hikes.
You further agree to grant to N2 Ventures, Inc. a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sublicense, to reproduce,
transmit, distribute, create any derivative works of, publicly use or display
any materials or other information (including, but not limited to, ideas,
concepts or techniques for new or improved services and products) you publish to
your hikes
by any means or by any media now known or hereafter developed. You further agree
that any such communication you make to your hikes (whether information,
feedback, data, questions, comments, suggestions or the like) shall be deemed
not to be confidential. By your acceptance of this User Agreement you
also grant to N2 Ventures, Inc. the right to use your name in connection with
the submitted materials and other information as well as in connection with any
and all advertising, marketing and promotional material related thereto. You
further agree and acknowledge that you shall have no recourse against
N2
Ventures, Inc. for any alleged or actual infringement or misappropriation of any
proprietary right in your publications or communications to us.
IV.
Points Program
The points program at
your hikes
is administered by N2 Ventures, Inc. and the member
agrees to the following terms as part of this User Agreement:
4.1.
Acknowledgment & Acceptance
Members at
your hikes earn points for
contributing to the website, and these points are redeemable for a
variety of outdoor products and services. Visitors at the site are
not required to become members to browse and use
your hikes, but they are not
eligible to earn points. Click to our
vendors page for a complete list of our participating
partners and their current rewards and redemption rates.
N2 Ventures, Inc. reserves the
right to send members a quarterly newsletter and notice of new
partner promotions. Members can elect to stop receiving this email
through an opt-out option in their user account. Administrative
notices may also be made from time to time and members cannot
unsubscribe from these while enrolled at
your hikes.
N2 Ventures, Inc. is under no
obligation to provide Members with any particular number of
point-earning opportunities.
N2 Ventures, Inc. reserves the
right to limit member enrollment at any time.
N2 Ventures, Inc. promises to
maintain the privacy of members' personal information. The full
extent of our commitment can be found by visiting
privacy statement.
4.2. Terms of Participation
-
Only
individuals 18 years or older that reside in the U.S., U.S.
Territories, Australia, Canada, United Kingdom, and South Africa
may enroll at your hikes
and earn points as a member. However, enlisted individuals
serving with the U.S. Military are permitted to participate.
-
Corporations
or other business entities are not eligible to become members.
-
Membership
and its right to use is limited to a single individual.
-
N2 Ventures, Inc. allows only
one email address per member.
-
Each member
agrees to provide only true and accurate information at
your hikes (including to
its advertisers and partners) at all times.
-
The member
agrees to comply with the terms of all
your hikes advertiser and
partner offers, promotions, and programs at all times.
-
The member
agrees not to abuse your hikes
privileges by conduct which is detrimental to the interests of
N2 Ventures, Inc., including
without limitation attempting to accrue points or spend points in
a manner inconsistent with the rules of
N2 Ventures, Inc. or intent of
this User Agreement. These activities, for example, are
forbidden:
a. having
multiple accounts
b. earning
points through non-legitimate channels
c. tampering
with award links, vendor programs, etc.
N2 Ventures, Inc. reserves the
right to terminate or disable, at our sole discretion, any
your hikes membership if a
member has violated or acted inconsistently with the rules of this
User Agreement. The member understands and agrees that disabling of
membership will result in the member's inability to redeem and/or
earn points. The member understands and agrees that the termination
of membership will result in the cancellation of all of the member's
points.
N2 Ventures, Inc shall be the
sole determiner in cases of suspected abuse, fraud, or violation of
its rules and any decision it makes relating to termination of
membership (including cancellation of points) shall be final and
binding.
N2 Ventures, Inc reserves the
right to adjust the member's point balance for any content that is
deemed of little use or value to a visitor at
your hikes. The following
also applies as part of this points program:
-
Points may
be spent only on rewards as offered through
your hikes at the time of
redemption.
-
Points have
no cash value.
-
N2 Ventures, Inc is not
responsible for lost or stolen rewards once issued.
-
Member
rewards are subject to change at any time without notice.
-
The number
of points required to redeem for a reward are subject to change at
any time without notice.
-
Member
inquiries regarding rewards ordered and not received must be
received by N2 Ventures, Inc
within 6 months after the initial redemption date. Thereafter,
N2 Ventures, Inc will have no
obligation to re-send rewards to the member.
-
Points will
be subtracted from the member's account once the reward is shipped
or redeemed.
-
After a
reward is claimed, no points will be reinstated to a member's
account.
-
The member
agrees to confirm that all the information in the member's profile
is up-to-date and accurate when points are redeemed for an award
-
The member
agrees to promptly notify N2 Ventures,
Inc of any change in the member's address (mail or email)
or personal profile by updating his or her personal information at
the
login page at your hikes.
-
A member's
discontinued participation at
your hikes or failure to notify
N2 Ventures, Inc of any address
(mail or email) or profile changes may result in the termination
of the member's membership and forfeiture of a member's unredeemed
points.
-
N2 Ventures, Inc reserves the
right to cancel or disable accounts and expire unredeemed points
in those accounts that are inactive for a period of 12 consecutive
months. Inactive shall be defined as lack of one of the following:
website login, new hike entry, new trip report entry, profile
update or any point earning or redemption transaction.
-
N2 Ventures, Inc reserves the
right to limit the opportunities to earn points available to a
member while the member remains inactive.
The member
shall comply with all laws, rules, and regulations that are
applicable to a member. The member acknowledges that a member may
only participate at your hikes
if and to the extent that such participation is permitted by
such laws, rules, and regulations. N2
Ventures, Inc refuses to enroll a member, or to restrict,
modify, or terminate a member's participation in
your hikes, without
liability to a member or any other party, if the member violates any
law, rule, or regulation, or if the member's participation at
your hikes could violate any
law, rule, or regulation.
4.3 Termination
AT ANY TIME
EITHER MEMBER OR N2 VENTURES, INC.
MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S
RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION
AND MEMBER'S UNREDEEMED POINTS SHALL BE CANCELLED.
A member’s
termination of membership is effective when a member submits a
termination request through the
your hikes website via a
cancel my account request found at the member services tab.
All termination of a member account is done via email. A member
understands that, in some cases, the member may still receive
messages (which may have been scheduled prior to member's
termination) after termination. The member may not earn points after
termination.
Should the
member object to any of the terms and conditions of this Agreement,
or any subsequent modifications thereto, or become dissatisfied with
your hikes, the member's
only recourse is to immediately discontinue participation in
your hikes and properly
terminate his or her membership. (See paragraph above.)
N2 Ventures, Inc reserves the
right to terminate the membership of any member who appears to be
using your hikes in a
manner inconsistent with this User Agreement, the intent of this
Agreement, or any rules stated by N2
Ventures, Inc.
4.4 Non-Transferability
The member's
right to use your hikes
is non-transferable.
Points are
non-transferable and are void if transferred.
The member's
membership will terminate immediately in the event of the member's
death.
Points and/or
rewards may not be bartered or sold.
N2 Ventures, Inc accounts and
points are not transferable upon death or as part of a domestic
relations matter or otherwise by operation of law.
4.5 Proprietary Rights to
Content
The member
acknowledges that your hikes
content (including but not limited to text, sound, photographs,
graphics, or other material contained in any
N2 Ventures, Inc communication,
advertisements, or messages, whether by
N2 Ventures, Inc or
your hikes advertisers or partners), service and
software are protected by copyrights, trademarks, service marks,
patents, and/or other proprietary rights and laws; therefore, the
member is only permitted to use content, service, or software as
expressly authorized N2 Ventures, Inc,
its advertisers and partners, as the case may be.
The member
agrees not to forward any N2 Ventures,
Inc offers or promotions to others without first obtaining
the express written permission of N2
Ventures, Inc; N2 Ventures, Inc
offers are specific to the member's membership unless otherwise
stated.
4.6 Modifications
N2 Ventures, Inc reserves the
right to change this User Agreement, and/or any part thereof, at any
time. The member understands that the most recent version of this
User Agreement will be located on the
your hikes website at
this link.
A member's
non-termination or continued use of
your hikes constitutes an affirmative acknowledgment
by the member of any modification to the member User Agreement and
consent to abide and be bound by any terms thereof. At any time, if
a member does not agree with the User Agreement, the member may
terminate their membership.
N2 Ventures, Inc reserves the
right to modify or discontinue the points program with or without
notice to Member.
N2 Ventures, Inc shall not be
liable to a member or any third party should
N2 Ventures, Inc exercise its
right to modify or discontinue the points program.
4.7 Notices
All notices
given by N2 Ventures, Inc to you
will be given by email, regular mail or by general posting on the
your hikes website.
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