Switchback Outdoor Safety, LLC: Web Site Agreement
The Switchback Outdoor Safety, LLC (Switchback Outdoor Safety) web site (the “Site”) is an online information service provided by Switchback Outdoor Safety, subject to the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Switchback Outdoor Safety MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
- Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by U.S. and international copyright and trademark laws. The owner of the copyrights and trademarks are Switchback Outdoor Safety, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Switchback Outdoor Safety a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Switchback Outdoor Safety by all means and in any media now known or hereafter developed. You also grant to Switchback Outdoor Safety the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Switchback Outdoor Safety for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Switchback Outdoor Safety.
- Use of the Site.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. SWITCHBACK OUTDOOR SAFETY PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND SWITCHBACK OUTDOOR SAFETY SHALL NOT BE LIABLE FOR ANY PRICING ERRORS, OR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. SWITCHBACK OUTDOOR SAFETY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY IN NO EVENT WILL SWITCHBACK OUTDOOR SAFETY BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF SWITCHBACK OUTDOOR SAFETY OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SWITCHBACK OUTDOOR SAFETY‘S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Switchback Outdoor Safety makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Switchback Outdoor Safety Website, please understand that it is independent from Switchback Outdoor Safety, and that Switchback Outdoor Safety has no control over the content on that Web site. In addition, a link to a Switchback Outdoor Safety Web site does not mean that Switchback Outdoor Safety endorses or accepts any responsibility for the content, or the use, of such Web site.
You agree to indemnify, defend and hold harmless Switchback Outdoor Safety, its owners, officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement, including negligent or wrongful conduct) by you or any other person accessing the Service.
- Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Switchback Outdoor Safety and its owners, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of the State of Missouri applicable to agreements made and to be performed in Missouri. You agree that any legal action or proceeding between Switchback Outdoor Safety and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Missouri. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Switchback Outdoor Safety‘s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Switchback Outdoor Safety may assign its rights and duties under this Agreement to any party at any time without notice to you.
Switchback Outdoor Safety is not responsible or obligated to honor any price or quantity misprint on the Site. Errors can and do occur despite best efforts to avoid them. Prices, quantities and terms listed on the Site are advertisements only. They are not offers to contract. Any purported purchases made by you on the Site remain subject to review and acceptance by Switchback Outdoor Safety.
- Reservation of Rights.
Any rights not expressly granted herein are reserved.
- By visiting this site, you agree that you are going to evaluate any option provided and implement at your own risk. Traveling off-road, camping, hiking, use of firearms, and other outdoor activities are inherently dangerous and the information contained within the pages of this site are designed to help you realize that you have options to be safer doing them. Any medical information on this site should not be a substitute for medical training, care, and/or advice from a licensed medical professional. If you do not agree, you must cease using this site immediately.