American Outdoor Gear Hub runs AmericanOutdoorGearHub.com and wants you to use it and be a part of the American Outdoor Gear Hub community. The site is designed to inform, connect, and inspire.
Please be responsible and respectful in your use of the site. The cliff notes version of the terms of use/service are as follows, which are some of the Human-readable summaries from the Creative Commons Master Terms of Use that are dedicated to the public domain under the Creative Commons CCo Public Domain Dedication:
- Please read these terms and only use our Site if you agree to them.
- These terms may change. If you continue to use the site, you agree to the terms of use.
- Please consult your own attorney if you need legal advice.
- We try our best to have useful information on our site, but we cannot promise that everything is accurate or appropriate for your situation. If you find content through a link on our website, be sure to check the license terms before using it.
- We do not take any ownership of your content when you post it on our site. If you post content you own, you agree it can be used under the terms of CC BY 4.0 or any future version of that license. If you do not own the content, then you should not post it unless it is in the public domain or licensed CC BY 4.0, except that you may also post pictures and videos if you are authorized to use them under law (e.g., fair use) or if they are available under any CC license. You must note that information on the file when you upload it. You are responsible for any content you upload to our sites.
- Play nice. Be yourself. Don’t break the law or be disruptive.
- American Outdoor Gear Hub does not make any guarantees about the content, services, or products on the Site.
- American Outdoor Gear Hub is not responsible for the content on the site, your use of our services, or for the conduct of others on our site.
- If something happens because you violate these terms, because of your use of the services, or because of the content you post on the site, you agree to repay American Outdoor Gear Hub for the damage it causes.
- Please read our Privacy Policy. It is part of these terms, too.
- Please let us know if you find infringing content on our websites.
- If you violate these terms, you may no longer use our sites.
- If there is a lawsuit arising from these terms, it should be in Colorado and governed by Colorado law. We are glad you use our site, but this agreement does not mean we are partners.
A shout out to Automattic (responsible for great creations like WordPress.com), who have made their Terms of Service available under a Creative Commons Sharealike license. This means that you can use and adapt them for your use, which is exactly how the following was developed.
Here’s the legal stuff . . .
Terms of Service
These Terms of Use/Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using AmericanOutdoorGearHub.com. Please read them carefully
These Terms govern your access to and use of AmericanOutdoorGearHub.com, as well as all content, products and services available at or though the website (collectively, “Site”).
The Site is offered subject to your acceptance, without modification, of all of the terms contained herein and all other operating rules, policies (including, without limitation, the site’s Privacy Policy), and procedures that may be published on the Site from time to time (collectively, the “Agreement”). You agree that we may automatically upgrade the Site, and the Agreement will apply to any upgrades.
Please read the Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use the Site.
1. Who’s Who
Throughout these Terms, “you” or “your” applies to both individuals and entities that access or use the Site. If you are an individual accessing or using the Site on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using the Site, you are accepting the Agreement on behalf of that entity.
American Outdoor Gear Hub, which runs AmericanOutdoorGearHub.com, is referred to as “we,” “us,” or “our” “throughout these Terms.
2. Minimum Age Requirements
The Site is not directed to children. Access to and use of our Site is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not access or use the Site. Any person who provides their personal information to our Site represents that they are 13 years of age or older (or 16 years or older in the European Union).
3. Responsibility of Visitors and Users
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Site, including by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
- We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
- If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Site, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
- We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content offered for sale through our Site is the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
- Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from our Site. For example:
- We do not have any control over those websites and are not responsible for their contents or their use.
- The existence of a link to or from our Site does not represent or imply that we endorse such website.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We disclaim any responsibility for any harm resulting from non-American Outdoor Gear Hub websites.
4. General Representation and Warranty
You represent and warrant that your use of our Site:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
- Will not use the Site for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden our systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.
5. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with the Site violates your copyright, please notify us in accordance with the Digital Millennium Copyright Act (“DMCA”). We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of American Outdoor Gear Hub or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
In addition to making a claim of copyright infringement as noted above, if the content in question is not that posted by a visitor (i.e. comments on the blog), you are encouraged to take the good neighbor approach and send informal notification that you believe your copyrighted material may have been infringed. We will respond to any such notification believed to be legitimate by removing the infringing material or disabling all links to the infringing material.
6. Intellectual Property
The Agreement does not transfer from American Outdoor Gear Hub to you any American Outdoor Gear Hub or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with American Outdoor Gear Hub. Other trademarks, service marks, graphics, and logos used in connection with our Site may be the trademarks of other third parties. Your use of our Site grants you no right or license to reproduce or otherwise use any third party trademarks.
7. Changes
We are constantly updating our Site and that means sometimes we have to change the legal terms under which access and use of the Site is offered.
We reserve the right, at our sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. If you disagree with our changes, then you should stop using the Site. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes and you are subject to the new terms. We may also offer new services, products, and/or features through the Site in the future. Such new services, products, and/or features shall immediately become part of the Site.
8. Termination
We may terminate your access to all or any part of our Site at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (a) refuse or remove any content for any reason, including if, in our reasonable opinion, it violates any American Outdoor Gear Hub policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of the Site to any individual or entity for any reason. You may also discontinue using or accessing the Site for any reason.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Disclaimer of Warranties
The Site is provided “as is.” American Outdoor Gear Hub and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither American Outdoor Gear Hub, nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content, products, or services through our Site at your own discretion and risk.
10. Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of the Site will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Site will be the courts located in Colorado.
11. Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Montrose, Colorado, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
12. Limitation of Liability
In no event will American Outdoor Gear Hub, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to American Outdoor Gear Hub under the Agreement during the twelve (12) month period prior to the cause of action. American Outdoor Gear Hub shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. Indemnification
You agree to indemnify and hold harmless American Outdoor Gear Hub, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of the Site, including but not limited to your violation of the Agreement.
14. U.S. Economic Sanctions
You expressly represent and warrant that your use of our Site and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
15. Miscellaneous
The Agreement constitutes the entire agreement between American Outdoor Gear Hub and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; American Outdoor Gear Hub may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.