Ultimate Upland, LLC Terms of Service and User Agreement
Last Updated on July 7, 2016
1. ACCEPTANCE OF TERMS
This Website is provided by Ultimate Upland, LLC. (“UU”), subject to the following Terms of Service (“TOS”), which may be updated by us from time to time. UU reserves the right to alter these TOS without advance notice by posting revised TOS. You can determine if the TOS have been revised by referring to the “Last Updated” date at the top of this page. These TOS apply to the following sites: www.ultimateupland.com, www.ultimateuplandlodge.com, www.uplandadventure.com www.ultimateuplandnews.com, www.uplandstamp.org (hereinafter referred to collectively as “The Websites”). In addition, when using particular services provided by UU, you shall be subject to any additional posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TOS.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING ANY OF UU’s WEBSITES AND SERVICES. YOUR USE OF ANY OF THE WEBSITES AND SERVICES CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.
By using The Websites and Services you further indicate that you are 18 years of age or more, or have received permission from a parent or legal guardian.
Any questions about the meaning or application of these TOS should be directed to info@ultimateupland.com.
2. DESCRIPTION OF THE SERVICE
UU provides members with access to a rich collection of benefits, editorial content and online resources, including forums and message boards, and opportunities to post eyewitness accounts (all of the foregoing, the “Interactive Community”), quizzes, polls, shopping services, specialized content, and opportunities to win prizes (all of the foregoing, the “Services”). Unless explicitly stated otherwise, any new features that augment or enhance the Services, including the release of new UU properties, shall be subject to the then-current TOS.
3. REGISTRATION AND ACCOUNT CREATION
You will be required to provide UU with certain registration information. In consideration of your use of The Websites and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of The Websites and Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to The Websites or Services to any third party. You are fully responsible for all activities that occur under your password or user name, including without limitation, purchases. You agree to (a) immediately notify UU of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. UU is not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.
4. FEES AND PAYMENTS
You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through The Websites by UU or by any third party vendor or service provider (such fees, charges and taxes are collectively referred to as “Fees”). UU reserves the right to change the amount of or basis for determining any Fees, and to institute new Fees, effective upon prior notice to you.
If you submit your credit card information to UU upon making purchases or otherwise, you give UU permission to charge all Fees incurred through your account to the credit card you designate on the Registration Form. Any additional Fees will be charged at the time they are incurred. If payment cannot be charged to your credit card or your payment is returned to UU for any reason, including charge back, UU reserves the right to either suspend or terminate your account and all of UU’s obligations under these TOS.
5. USE OF THE WEBSITES AND SERVICES BY YOU
Your right to use The Websites and Services is personal to you — you may not authorize others to use The Websites or Services. You are responsible for all use of The Websites and Services by you and anyone who obtained access to The Websites and Services through you.
· UU reserves the right to delete any message or comment on The Websites for any or no reason.
· The Websites and Services are not intended for users under the age of 18, and UU does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
· You agree not to use any obscene, indecent, or offensive language or to place on The Websites any material that is defamatory, abusive, harassing, or hateful. Further, you may not place on The Websites any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone’s privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use The Websites and Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
· You are responsible for ensuring that any material you provide to The Websites or post on a bulletin board or forum, including but not limited to text, photographs, video and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Material on The Websites is for your personal use only. The Websites contain copyrighted and other proprietary information.
· You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through The Websites, except as permitted by the Copyright Act or other law or as expressly permitted in writing by these TOS, UU or The Websites.
· Our bulletin boards and forums are not intended to be used as a means for attaining service on your account or lodging complaints about the club. If you have a membership or account question, please use the “Contact US” link at the bottom of the page.
· You agree not to disrupt, modify or interfere with The Websites or their associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of The Websites. You further agree not to alter or tamper with any information or materials on or associated with The Websites.
· Other than connecting to UU’s servers by http requests using a Web browser, you may not attempt to gain access to UU’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using The Websites or otherwise.
· You acknowledge that UU has not reviewed and does not endorse the content of all sites linked to from The Websites and is not responsible for the content or actions of any other sites linked to from The Websites. Your linking to any service or site is at your sole risk.
6. USE OF MATERIAL SUPPLIED BY YOU
For information regarding use of the material and information you supply or communicate with The Websites, please see our Privacy Policy. By posting messages, uploading files, inputting data, uploading videos, or engaging in any other form of communication through The Websites, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.
7. MATERIALS POSTED BY OTHERS
You agree that UU and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even if such material violates these TOS.
8. COPYRIGHT ISSUES
All content on The Websites is protected under U.S. copyright laws, including the Digital Millennium Copyright Act (the “DMCA”). You may download one copy of the content of The Websites to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise license, sell, modify, copy, publish, distribute, or display any content from The Websites.
For further information on U.S. copyright law, you may wish to visit the website of the U.S. Copyright Office at: http://www.copyright.gov.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices should be sent to:
Ultimate Upland, LLC, 3900 Bridge Avenue, Cleveland, OH 44113
info@ultimateupland.com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless UU and affiliated companies, and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of (i) your use of The Websites or Services; (ii) any violation of these TOS by you; or (iii) any allegation that anything you post, transmit, or make available on The Websites infringes or otherwise violates the copyright, trademark, trade secret, or other rights of any third party.
10. LINKS
The Websites contain links to other sites. These links are meant to enable access to publicly available information to those who are allowed to The Websites only. UU makes no representations whatsoever about any other Web site which you may access through The Websites and you hereby waive any claim you might have against UU with respect to such sites. When you leave the UU site, please understand that UU has no control over the content on that Web site. In addition, a link to a non-UU Web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party Web site. UU makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party site are granted or implied.
11. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
a. UU is a distributor only, and not a publisher, of messages posted in its Interactive Community. Please be aware that other users may post material in the Interactive Community that is inaccurate, misleading, or deceptive. All statements, advice, and opinions made by participants in any Interactive Community are those of such participants only, and UU neither endorses nor shall be held responsible for the reliability or accuracy of same, or for any injury, loss, or damage which occurs as a result of such statements, advice, opinions, or other information provided in any Interactive Community. In addition, UU has no control over, and shall have no legal liability for, any damages resulting from the use, including republication, or misuse, by any third party, of information voluntarily made public by a user of the Websites. Any user of The Websites who chooses to make any personally identifiable or other information publicly available in an Interactive Community does so at his or her own risk.
b. THE WEBSITES AND SERVICES, AND (UNLESS OTHERWISE EXPRESSLY STATED) ANY GOODS OR SERVICES YOU ACQUIRE OR ACCESS THROUGH THE WEBSITES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITES AND SERVICES AND OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT CREATED BY UU OR SUBMITTED TO UU, INCLUDING WITHOUT LIMITATION INFORMATION IN THE INTERACTIVE COMMUNITY AND IN ALL OTHER PARTS OF THE WEBSITES.
c. UU DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, THE WEBSITES, CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITES, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. UU WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF UU HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, UU WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE UU’S WEBSITES AND SERVICES, FROM GOODS ACQUIRED THROUGH UU, OR FROM ANY CONTENT POSTED ON THE WEBSITES BY UU OR ANYONE ELSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES AND SERVICES OR THEIR CONTENT IS TO STOP USING THE WEBSITES AND SERVICES.
d. UU MAKES NO WARRANTY THAT (i) THE WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE WEBSITES AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES AND SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES AND SERVICES WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE WEBSITES AND SERVICES WILL BE CORRECTED; OR (vi) THE WEBSITES OR THE SERVICES ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
e. YOU UNDERSTAND AND AGREE THAT UU DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE WEBSITES. UU IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER UU NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE WEBSITES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. UU ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
f. UU SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN ANY OF THE MEMBER TO MEMBER POSTING SERVICE AREAS OR OTHER AREAS HEREIN. YOUR PARTICIPATION IN THE WEBSITES AND SERVICES IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
g. BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, UU MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. UU specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a classified advertisement on THE WEBSITES, you are promising that the content of your advertisement is true and that you will indemnify UU against any claims which may arise from your UU for damages arising from such advertisement or your reliance upon statements in such advertisement.
12. TERMINATION
You understand and agree that, without prior notice and in UU’s sole discretion, your access to and use of The Websites and Services may be terminated or suspended; and further, that UU may also exercise any other remedy available and remove any unauthorized user content, if UU believes that your (or anyone using your computer, e-mail or password) use of The Websites and Services violates or is inconsistent with these TOS, or violates the rights of UU, another User or applicable law.
You acknowledge and agree that monetary damages may be insufficient to remedy violations of the TOS, and you consent to injunctive or other equitable relief for such violations. Further, you agree that UU is not required to refund to you any money you may have paid if you are terminated as a user.
UU shall not be responsible for any loss or damage that results from termination or suspension of a user’s access or account. The provisions of these TOS will survive the termination of your access to The Websites and Services, whether terminated by you or UU.
13. Modifications to Services
UU reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice. You agree that UU shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or of any content, feature, or product offered on The Websites. Your continued use of any Website or Service after such changes will indicate your acceptance of the changes.
14. Jurisdictional Issues
UU neither represents nor warrants that The Websites or Services are appropriate or available for use in any particular jurisdiction. Accessing The Websites or Services from any location other than the United States is at your own risk, and you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. We may limit The Websites’ availability or the provision of any of the Services or of any product described thereon to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion, and we may also limit the quantities of any Service or product.
15. Governing Law
These TOS shall be governed by and interpreted in accordance with the laws of North Carolina and the United States of America, without regard to their principles of conflicts of law. Any action to enforce these TOS shall be brought in the federal or state courts located in Mecklenburg County, North Carolina. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
16. Notice
Notices to you may be made via either email or regular mail. The Services may also provide notices of changes to the TOS or other matters, by displaying such notices or by providing links to such notices.
17. Filtering
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web site of the Electronic Frontier Foundation: http://www.eff.org .
18. Miscellaneous
If any part of these TOS is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these TOS will remain binding upon the parties. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This constitutes the entire agreement between you and UU with respect to your use of The Websites or any Services and supersedes all prior or contemporaneous communications and proposals between you and UU.
19. Information or Complaints
If you would like any further information or if you have a complaint regarding the Websites or Services, please send an e-mail to info@ultimateupland.com. Prices for goods or services available on The Websites are provided at the point of purchase.