Terms of Use

Date of Last Revision:  October 23, 2020

Agreement between User and Grey Otter Outventures, Inc.
Welcome to https://greyotteroutventures.com. The https://greyotteroutventures.com website (the “Site”) is comprised of various web pages operated by Grey Otter Outventures, Inc. https://greyotteroutventures.com is offered to you conditioned on your acceptance without qualification or modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://greyotteroutventures.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

https://greyotteroutventures.com is a Blog Site that provides hiking, mountain biking, backpacking, camping, equipment, and trails information.

Privacy
Your use of https://greyotteroutventures.com is subject to Grey Otter Outventures, Inc.’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting https://greyotteroutventures.com or sending emails to Grey Otter Outventures, Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Grey Otter Outventures, Inc. is not responsible for third party access to your account that results from theft or misappropriation of your account. Grey Otter Outventures, Inc. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen
Grey Otter Outventures, Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://greyotteroutventures.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services
https://greyotteroutventures.com may contain links to other websites and/or applications and/or third-party advertisements and/or affiliates through whom Grey Otter Outventures, Inc. receives commissions (collectively, “Linked Sites”). When you click on a link to a Linked Site, we will not warn you that you have left https://greyotteroutventures.com and are subject to the terms and conditions (including privacy policies) of another website or destination.  The Linked Sites are not under the control of Grey Otter Outventures, Inc. and Grey Otter Outventures, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Grey Otter Outventures, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Grey Otter Outventures, Inc. of the site or any association with its operators. Grey Otter Outventures, Inc. does not review, approve, monitor, endorse, warrant, or make any representations with respect to Linked Sites or their products or services. You use all links in Linked Sites at your own risk. When you leave our https://greyotteroutventures.com, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Linked Sites and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Linked Sites.

Certain services made available via https://greyotteroutventures.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://greyotteroutventures.com domain, you hereby acknowledge and consent that Grey Otter Outventures, Inc. may share such information and data with any third party with whom Grey Otter Outventures, Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of https://greyotteroutventures.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
This Site, all photographs on this website (excepting only those provided by Linked Sites in their links), all articles, and all written text are the exclusive property and copyright of Grey Otter Outventures, Inc.  All rights to these materials are reserved and may not be used without the express written consent of Grey Otter Outventures, Inc.  Grey Otter Outventures is a registered trademark of Grey Otter Outventures, Inc.

You are granted a non-exclusive, non-transferable, revocable license to access and use https://greyotteroutventures.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Grey Otter Outventures, Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Grey Otter Outventures, Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Grey Otter Outventures, Inc. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Grey Otter Outventures, Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Grey Otter Outventures, Inc. or our licensors except as expressly authorized by these Terms.

Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Grey Otter Outventures, Inc. has no obligation to monitor the Communication Services. However, Grey Otter Outventures, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Grey Otter Outventures, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Grey Otter Outventures, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Grey Otter Outventures, Inc.’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Grey Otter Outventures, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Grey Otter Outventures, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Grey Otter Outventures, Inc. spokespersons, and their views do not necessarily reflect those of Grey Otter Outventures, Inc.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to https://greyotteroutventures.com or Posted on Any Grey Otter Outventures, Inc. Web Page
Grey Otter Outventures, Inc. does not claim ownership of the materials you provide to https://greyotteroutventures.com (including feedback and suggestions) or post, upload, input or submit to any Grey Otter Outventures, Inc. Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Grey Otter Outventures, Inc., our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Grey Otter Outventures, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Grey Otter Outventures, Inc.’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users
The Service is controlled, operated, and administered by Grey Otter Outventures, Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Grey Otter Outventures, Inc. content accessed through https://greyotteroutventures.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Grey Otter Outventures, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Grey Otter Outventures, Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Grey Otter Outventures, Inc. in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties in Deschutes County, Oregon. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Use or any disputes arising as a result of these Terms of Use, whether directly or indirectly, including Tort claims that are a result of these Terms of Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Use.

Class Action Waiver
Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Grey Otter Outventures, Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GREY OTTER OUTVENTURES, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

GREY OTTER OUTVENTURES, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GREY OTTER OUTVENTURES, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE ACTIVITIES DISCUSSED IN THIS WEBSITE ARE OUTDOOR ACTIVITIES AND, AS SUCH, HAVE INHERENT RISKS TO WHICH PARTICIPANTS ARE EXPOSED. IT IS NOT THE INTENT OF THIS WEBSITE, NOR IS IT POSSIBLE DUE TO THE VARIABILITY OF WEATHER, TERRAIN, EQUIPMENT, AND EXPERIENCE, TO DETAIL ALL OF THOSE RISKS. THE INFORMATION CONTAINED IN THIS SITE IS INFORMATIONAL, BUT NOT INSTRUCTIVE NOR EXHAUSTIVE. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ENSURE HE/SHE IS IN GOOD HEALTH, FULLY PREPARED, AND FULLY INFORMED AS TO DANGERS BEFORE UNDERTAKING ANY OF THE ACTIVITIES DISCUSSED IN THIS WEBSITE AND THE USER DOES SO AT HIS/HER OWN RISK. THE USER UNDERSTANDS THAT BY USING THIS WEBSITE HE/SHE ACKNOWLEDGES AND ACCEPTS ALL RISKS ASSOCIATED WITH USE OF INFORMATION FROM THIS WEBSITE AND PARTICIPATION IN ANY PARTICULAR ACTIVITY ADDRESSED HEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GREY OTTER OUTVENTURES, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GREY OTTER OUTVENTURES, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction/Choice of Law/Venue
Grey Otter Outventures, Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon, without reference to its choice of law provisions, and you hereby consent to the exclusive jurisdiction of courts in Oregon and accept that venue is proper in Oregon’s Deschutes County in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Grey Otter Outventures, Inc. as a result of this agreement or use of the Site. Grey Otter Outventures, Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Grey Otter Outventures, Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Grey Otter Outventures, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Grey Otter Outventures, Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Grey Otter Outventures, Inc. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
Grey Otter Outventures, Inc. reserves the right, in its sole discretion, to change the Terms of Use under which https://greyotteroutventures.com is offered. The most current version of the Terms of Use will supersede all previous versions. Grey Otter Outventures, Inc. encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
Grey Otter Outventures, Inc. welcomes your questions or comments regarding the Terms of Use:

Grey Otter Outventures, Inc.
P.O. Box 516
La Pine, Oregon 97739

Email Address:
Info@greyotteroutventures.com