Updated: November 17, 2014 (paragraph 2 was edited to further define "OSI" on this date)
Carefully Read This Agreement!
It is important to understand your serious responsibilities under the Terms. The activities addressed by OSI’s Online Services carry a significant risk of injury, disability, death or other harm. OSI is attempting to provide education to reduce the risk of harm, however the risk of harm in these activities cannot be eliminated, especially not solely via OSI’s Online Services. Please understand that you and, if applicable, the entity you work/volunteer for, and not OSI, are solely responsible for your own safety and the safety of those under your care. These Terms contain legal agreements including, but not limited to, an Indemnification, Disclaimer, Limitation of Liability, and Applicable Law and Venue selections. These legal agreements alter some of your rights (and the rights of any entity on whose behalf you are accessing the Online Services); please review them carefully before using OSI’s Online Services and thus agreeing to be bound by these Terms.
If you have any questions or concerns regarding the Terms, please contact OSI.
1. Changed Terms
The Online Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using any Online Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on or via the Online Services. You also represent and warrant that you (a) have not previously been suspended or removed from the Online Services; (b) do not have more than one Online Services account; and (c) that you have full power and authority to enter into this agreement and and in doing so will not violate any other agreement to which you are a party.
3. Use of Online Services
Certain Online Services may provide email services, messaging services, forums, communities, comment sections or other message and communication methods designed to allow you to communicate with other users or the public (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and content that are appropriate and, when applicable, pertinent to the particular Communication Service. Examples included in the following list do not include all activities that will lead to action by OSI, however you agree that when using the Communication Services you will not:
a. Advertise or offer to sell or buy any goods or services.
b. Post or share links (including hyperlinks, URL’s, or website names) not directly relevant to the focus of the Communication Service.
c. Use the Communication Services in connection with contests, pyramid schemes chain letters, junk email, spamming or any unsolicited or duplicative messages (commercial or otherwise).
d. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
e. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, racist, indecent or unlawful topic, material or information. No “adult content” is permitted, including links to adult websites or material.
f. Upload or otherwise make available files that: contain text, content, images, photographs, software or other material protected by intellectual property laws, including by way or example, and not as limitation, copyright or trademark laws (or by rights or privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
g. Use any material or information, including text, images or photographs, which are made available through the Online Services (including Communication Services) in any manner that infringes upon any copyright, trademark, patent, trade secret, or other proprietary right of any party.
h. Upload files that contain computer viruses, trojan horses, corrupted files, or any other software or programs that may damage or interfere with the operation or use of either another’s computer or OSI’s Online Services (referred to as “Malicious Content”). Furthermore, you will not post links to any Malicious Content or pages or sites containing Malicious Content.
i. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced displayed, performed and/or distributed in such manner.
j. Falsify or delete any copyright management information, such as author attributions, legal or other relevant notices of the source of any material contained in a file or post that is shared or uploaded.
k. Restrict or inhibit any other user from using and enjoying the Communication Services.
l. Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
m. Harvest or otherwise collect information about others including email addresses.
n. Violate any applicable laws or regulations.
o. Create a false identity for the purpose of misleading others.
p. Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Online Services or other user or usage information or any portion thereof.
q. Post content that does not disclose any financial or material connections you may have with the product/service/issue you are posting about (for example, if you receive free products or services or are a paid writer/blogger or employee).
r. Post/share information regarding or links to websites/services/or companies that provide products or services that compete with OSI’s products and services. Exceptions to this may be made on a case-by-case basis; however, you must inquire prior to posting or sharing the information.
OSI has no obligation to monitor the Communication Services; however, OSI reserves the right to review materials posted or shared via the Communication Services and to remove any materials in its sole discretion. OSI reserves the right to terminate access to any or all of the Communication Services at any time without notice, for any reason whatsoever. OSI reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, decline to post or to remove any information or materials, in whole or in part, at OSI’s sole discretion. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations it you download the materials.
Without limiting other remedies, OSI may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. Technical steps that may be taken include, but are not limited to, blocking access from the IP address of offending users. OSI also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
OSI specifically disclaims any liability with regard to the Communication Services and any actions or harm resulting from your use or participation in any Communication Services.
4. User Content
When you provide OSI with content (such as text, photos, video, or graphics) you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have to the content, in any media known now or in the future. This content may be used and reused by OSI without any payment or any requirement for attribution.
Except as expressly provided, OSI’s Online Services are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. OSI hereby disclaims all other representations, warranties, conditions and duties, express, implied or statutory, including but not limited to implied warranties, duties or conditions: (a) of merchantability, fitness for any particular purpose or use, results, title, non-infringement, privacy or security; and (b) created by trade usage, course of dealing or course of performance. OSI does not warrant or represent that the Online Services are accurate, complete, reliable, current or error-free.
IN ADDITION, OSI DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATED TO SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, ARTICLES, BLOG POSTS, VIDEOS, AUDIO, USER CREATED CONTENT, AND DOWNLOADABLE DOCUMENTS. The activities covered by OSI’s Online Services include significant elements of risk that cannot be eliminated and the information provided by OSI is not intended to be complete and comprehensive. The implementation of the advice provided via OSI’s Online Services requires significant experience, judgment and expertise to properly implement, and OSI cannot guarantee that the recommendations contained in its Online Services will be properly implemented. OSI does not guarantee or imply that the risks identified by OSI’s Online Services, or additional risks not identified (or not fully identified) by OSI’s Online Services will not cause significant harm including, but not limited to, serious injury, disability, or death.
OSI recommends that you (as an individual) seek qualified, professional instruction in outdoor activities that includes training on safety and risk management prior to undertaking any of the activities covered by OSI’s Online Services. OSI STRONGLY RECOMMENDS THAT YOU (IF YOU REPRESENT AN ENTITY/ORGANIZED OUTDOOR PROGRAM) OBTAIN A PERIODIC, PROFESSIONAL, THIRD PARTY REVIEW/ASSESSMENT OF RISK MANAGEMENT PRACTICES. OSI offers such review of risk management practices and will, upon request, provide contact information for other professionals who can assist with outdoor risk management. The information provided by OSI’s Online Services is not intended as, and it not adequate to serve as, a substitute for comprehensive risk management review/assessment, training, or advice.
The content published via the Online Services could include technical inaccuracies or typographical errors. Changes are periodically made to the information in the Documents. OSI and/or its respective suppliers may make improvements and/or changes in the content at any time. Please inform OSI immediately if you find or suspect there are inaccuracies in any content you access so that we may remedy the issue.
OSI does not represent or warrant that the Online Services or its servers are free of viruses or other harmful/malicious software (though OSI’s online service providers make efforts to ensure such software is not present).
6. Limitation of Liability
In no event shall OSI (including its members, owners, employees, independent contractors, consultants, volunteers, affiliates, partners, content providers, and service providers) be liable for any direct, special, indirect or consequential damages or any damages of any kind, including, but not limited to, personal injury, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or otherwise, arising out of or in any way connected to the use of, or inability to use, the Online Services, to include without limitation any damages caused by or resulting from reliance by the user on any information obtained from OSI, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses or other malicious software, delays in operation or transmission or failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to OSI’s records or services. In no circumstance shall the aggregate liability of OSI, whether in contract, warranty, tort (including negligence), strict liability, product liability, or other theory, arising out of or relating to the use of or inability to use the Online Services exceed any compensation you pay, if any, to OSI for access to or use of the Online Services.
You agree to defend, indemnify and hold harmless OSI (including its members, owners, employees, independent contractors, consultants, volunteers, affiliates, partners, content providers, and service providers) against any and all claims, costs, damages, liabilities and expenses (including, but not limited to, attorneys’ fees) arising out of or directly or indirectly related to your use of OSI’s Online Services.
8. Specific Notice Regarding Documents Available for Download/Viewing
Permission to use Documents (such as risk management guides, sample forms, white papers, press releases, service descriptions, and similar materials) from the Online Services is granted, provided that:
a) All copyright notices are retained in all copies.
b) The use of such Documents is for informational and non-commercial or personal use only and Documents will not be copied or posted on any network, website, or broadcast in any media.
c) No modifications of any Documents are made.
Accredited educational institutions such as public/private colleges and universities, community colleges and secondary schools may download and reproduce the Documents for distribution in the classroom, provided the three (3) requirements listed above are met. Distribution of Documents outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Please inquire with OSI regarding any other use you would like to make of Documents and OSI will work with you and attempt to find a way to permit such use.
The Documents and related graphics published via the Online Services could include technical inaccuracies or typographical errors. Changes are periodically made to the information in the Documents. OSI and/or its respective suppliers may make improvements and/or changes in the Documents at any time. Please inform OSI immediately if you find or suspect there are inaccuracies in any document you access so that we may remedy the issue.
9. Specific Notice Regarding Regional/National Relevance
The hazards involved in outdoor activities vary significantly between different geographic regions; additionally, the equipment, techniques, and terms utilized in outdoor activities vary significantly by both region and country. The information in the Online Services is developed with a focus on the United States. While the information may be relevant in other nations or regions, OSI does not attest to its suitability for regions outside of the U.S. OSI specifically disclaims any liability arising directly or indirectly from the use or application of Online Services information to activities outside of the U.S. and any harm resulting from your use of the content in this manner.
10. Specific Notice Regarding Legal Information
11. Specific Notice Regarding Product Recall Press Releases
12. Links to Third Party Sites and Content
13. Affiliate Links
Some of the links on outdoorsafetyinstitute.com, in the Outdoor Safety Newsletter (or other online or email publications), and in associated downloadable documents are affiliate links. When you click on these links and make a purchase, OSI earns a small commission on the sale (the retailer or service provider, and not you, the purchaser, pays the commission). OSI does not receive any information linking you, as an individual, to this purchase. Since we can link to essentially any publication or product, the commission we receive does not influence OSI's decision to recommend any specific product. Affiliate links may include links to Amazon.com, various outdoor retailers, and potentially other online merchants or services. If you would prefer that OSI not recieve this commission, please do not use the links provided by OSI (you can always locate the product using Google or your favorite search engine).
14. No Third-Party Beneficiaries
The intended beneficiary of the Online Services is you, the user. These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
Unless otherwise noted, all content of the Online Services including, but not limited, to text, logos, graphics, audio, and video are copyrighted by OSI, all rights reserved. All other trademarks appearing on the Online Services are property of their respective owners.
16. Resolution of Disputes
If a dispute arises between you and OSI, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and OSI agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as you and OSI otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact OSI directly to seek a resolution (OSI’s contact information is listed at the bottom of this page). We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Arbitration Option: For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims: All claims you bring against OSI must be resolved in accordance with this Resolution of Disputes Section and the Applicable Law and Venue Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section and Applicable Law and Venue Section, OSI may recover reasonable attorneys' fees and costs, provided that OSI has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Attorney’s Fees: The prevailing party in any dispute that results in arbitration or litigation shall have the right to collect from the other party its reasonable costs and necessary disbursements including attorneys' fees and expenses incurred in enforcing this agreement.
17. Applicable Law and Venue
You agree that the substantive laws of the State of Montana govern this agreement (the “Terms”) and all other aspects of your relationship with OSI, and that any mediation, arbitration, suit, or other proceeding must be filed or entered into only in Montana. OSI is based in Bozeman, MT and the appropriate venue for any dispute is Gallatin County, Montana.
Either you or OSI may terminate this Agreement (the “Terms”) at any time. OSI has the right to immediately terminate your account in the event of any conduct by you which OSI, at its sole discretion, deems to be unacceptable, or in the event of any breach by you of these Terms.
19. Severability & Miscellaneous
Any portion of this agreement (the “Terms”) deemed unlawful or unenforceable shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect. Headings are for reference purposes only and do not limit the scope or extent of each section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of the Terms.
OSI will not sell, rent, or otherwise make available any personal information you provide to OSI to third parties for marketing purposes. OSI views protection of users' privacy as a very important principle. OSI and our carefully selected online service providers protect information about you from unauthorized access, misuse, theft, disclosure, or loss by utilizing reasonable physical and technological security measures on all computers/servers on which your information is processed or stored. You can access and modify the information you provide to us and choose not to receive certain communications by signing-in to your account. If you object to your information being transferred or used in this way please contact us (see below) and we will limit the use of your information or delete it entirely.
Alex Kosseff, Director
Outdoor Safety Institute LLC
PO Box 538
Bozeman, MT 59771
Phone: (406) 551-6489
You can also reach us online via the “Contact Us” page on this site.
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