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Outfitting Montana - Terms and Conditions - Find Montana Guides, Outfitters

1. TERMS AND CONDITIONS OF SERVICE. The OutfittingMontana.com web site, owned and operated by Outfitting Montana L.L.C., is provided to you ("the Member") under the terms and conditions of these Terms of Service ("Terms") and any operating rules or policies that may be published from time to time by Outfitting Montana L.L.C.. By completing the registration process and submitting payment, you are indicating your agreement to be bound by all of the terms and conditions of these terms.

2. REGISTRATION. The Service is provided to the Member for a monthly fee of $40.00 for Package one, $60.00 for Package #2, and $80.00 for Package #3; provided that the Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for the Member's own access to the World Wide Web; and (3) pay any telephone or other service fees associated with such access. In consideration for the Service, the Member agrees to: (1) provide certain current, complete, and accurate information/data about the Member as prompted to do so by the Registration form; and (2) maintain and update such registration information ("Registration Data") as required to keep it current, complete and accurate. If any Registration Data provided by the Member is untrue, inaccurate, not current or incomplete, Outfitting Montana L.L.C. retains the right to terminate the Member's account and rights to use the Service.

3. MODIFICATIONS TO TERMS. Outfitting Montana L.L.C. may change these Terms from time to time. Upon any change in the Terms, Outfitting Montana L.L.C. will notify the Member by sending a copy of the new terms to the email address provided upon sign up for the service. If the member does not have an e-mail address, then a hard copy of the changes shall be available on OutfittingMontana.com. If the Member agrees to be bound by the changes, no action is necessary. If the Member does not agree to be bound by the changes, the member may cancel their subscription to the service by clicking "deactivate account" within the user account area. The Member's continued use of the Service constitutes an affirmative: (1) acknowledgement by the Member of the Terms and its modifications; and (2) agreement by the Member to abide and be bound by the Terms and their modifications.

4. MODIFICATIONS TO SERVICE. Outfitting Montana L.L.C. reserves the right to modify or discontinue the Service, temporarily or permanently, with or without notice to the Member, and is not obligated to support or update the Service. The Member acknowledges and agrees that Outfitting Montana L.L.C shall not be liable to the Member or any third party in the event that Outfitting Montana L.L.C exercises its right to modify or discontinue the Service.

5. PRIVACY POLICY. In addition to the restrictions on disclosure of Registration Data as set forth in Section 2 above, Outfitting Montana L.L.C will not edit, delete or disclose the contents of a the Member's private data in connection with the Service unless authorized by the Member or unless Outfitting Montana L.L.C is required to do so by law or in the good faith belief that such action is necessary to: (1) conform with applicable laws or comply with legal process served on OutfittingMontana.com; (2) protect and defend the rights or property of OutfittingMontana.com; or (3) enforce these Terms. However, the Member grants Outfitting Montana L.L.C the right to disclose to third parties certain items in the Member Registration Data and information about the Member's use of the Service; provided that, any such disclosures will exclude the Member's name, mailing address, email address, account and phone number, except as specifically authorized by the Member or as required by any applicable law or legal process served on OutfittingMontana.com..

6. MEMBER ACCOUNT, PASSWORD AND SECURITY. The Member shall have a password and account upon completing the registration process. The Member is responsible for maintaining the confidentiality of the password and account. Furthermore, the Member is entirely responsible for any and all activities which occur under the Member's password or account. The Member agrees to immediately notify Outfitting Montana L.L.C of any unauthorized use of the Member's account or any other breach of security known to the Member.

7. PARTICIPATION IN PROMOTIONS OF ADVERTISERS. The Member may enter into correspondence with or participate in promotions of advertisers promoting their products on the Service ("Advertisers"). The Member acknowledges and agrees that any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the Member and Advertiser. Outfitting Montana L.L.C shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions.

8. LINKS/PARTNERS. The Service may provide links to other web sites or resources. The Member acknowledges and agrees Outfitting Montana L.L.C is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The Member agrees that Outfitting Montana L.L.C shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

9. PROPRIETARY RIGHTS. The Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in the Service or in sponsor advertisements or commercially produced information presented to the Member by the Service ("Content") by Outfitting Montana L.L.C or Outfitting Montana L.L.C Advertisers, is protected by copyright, trademarks, service marks, patents or other proprietary agreement and laws and the Member is only permitted to use this Content as expressly authorized by Outfitting Montana L.L.C or the Advertiser, as applicable. These Terms do not transfer any right, title or interest in the Service or the Content to the Member and the Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by Outfitting Montana L.L.C or the Advertiser.

10. MEMBER CONDUCT. The Member agrees to abide by all applicable local, state, national, and international laws and regulations in the Member's use of the Service. The Member agrees to be solely responsible for the Member's actions and the contents of the Member's transmissions through the Service. The Member agrees not to impersonate any person or entity or falsely state or otherwise misrepresent the Member's affiliation with a person or entity.

The Member agrees: (1) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (2) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (3) not to use the Service for illegal purposes; (4) not to interfere or disrupt networks connected to the Service; and (5) to comply with all regulations, policies and procedures of networks connected to the Service. The Member agrees not to use the Service to collect or harvest personal information, including, without limitation, financial information, about other Members of the Service.

The Member agrees not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. The Member further agrees not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services, or engage in surveys, contests, chain letters or use the Service for any commercial purpose, post or transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email. The Member acknowledges and agrees that Outfitting Montana L.L.C neither endorses the contents of any member communications nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby.

Outfitting Montana L.L.C may, at its sole discretion, immediately terminate the Member's access to the Service should the Member's conduct fail to conform with any other provision of this Section 10.

11. DISCLAIMER OF WARRANTIES. The member expressly agrees that use of the service is at the member's sole risk. The service is provided on an "as is" "as available" basis. Outfitting Montana L.L.C expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantablity, fitness for a particular purpose, title and non-infringement as well as all warranties arising by usage of trade, course of dealing or course of performance. Outfitting Montana L.L.C makes no warranty that the service will meet the member's requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does Outfitting Montana L.L.C make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any content or any information obtained through the service or that defects in the service will be corrected.

The member understands and agrees that any material or data downloaded or otherwise obtained through the use of the service is done at the member's own discretion and risk and that the member will be solely responsible for any damage to the member's computer system or loss of data that results from the download or use of such material or data.

Outfitting Montana L.L.C makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by member from Outfitting Montana L.L.C or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to the member.

12. LIMITATION OF LIABILITY. Outfitting Montana L.L.C shall not be liable for any direct, indirect, incidental, punitive, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or transactions entered into through the service or resulting from unauthorized access to, deletion or alteration of the member's transmissions or data or failure of the service to store the member's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if Outfitting Montana L.L.C has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to member.

13. NO RESALE OR COMMERCIAL USE OF THE SERVICE. The Member's right to use the Service is personal to the Member. The Member may be an individual, corporation or other business.


 
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