TERMS OF USE
This web site ("Site") is comprised of various web pages operated by The Great Outdoor Network Inc. (“GON”).
The Site is offered to you (the "User") conditioned on your acceptance
without modification of the terms, conditions and notices contained in
these Terms of Use. Your use of the Site constitutes your agreement to
all such terms, conditions and notices.
Modification Of These Terms Of Use.
GON reserves the right to change the terms, conditions and notices
under which the services available on this Site (the "Services") are
offered, including but not limited to the charges associated with the
use of the Site.
Links To Third Party Sites.
The Site may contain links to other web sites ("Linked Sites"). The
Linked Sites are not under the control of GON and GON 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. GON is not responsible for webcasting or any
other form of transmission received from any Linked Site. GON is
providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by GON of the site or any
association with its operators.
No Unlawful Or Prohibited Use.
As a condition of your use of the Site, you warrant to GON that you
will not use the Site for any purpose that is unlawful or prohibited by
these terms, conditions and notices. You may not use the Site in any
manner that 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. You may not violate or attempt to violate the security of the
Site.
Use Of Communication Services and Site.
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 Site and Communication Services only
to post, send and receive messages and materials that are proper and
related to the Site or the particular Communication Service. By way of
example, and not as a limitation, you agree that you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
- Send, create or reply to so called "mailbombs"" (i.e., E-mailing
copies of a single message to many users, or sending large or multiple
files or messages to a single user with malicious intent).
- Engage in "spamming" (i.e., unsolicited emailing for business or other purposes).
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, libelous, 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 the Site or 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 Site or the Communication Services.
- Violate any code of conduct or other guidelines which may be
applicable for the Site or any particular Communication Service.
- Harvest or otherwise collect information about others, including E-mail addresses, without their consent.
- Violate any applicable laws or regulations.
- Post or submit any incomplete, false or inaccurate biographical information.
- Delete or revise any material posted by another person or entity.
GON acts as a passive conduit for the
online distribution and publishing of user content. GON has no
obligation to monitor the Site or the Communication Services. However,
GON reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. GON
reserves the right to terminate your access to any or all of the
Communication Services or the Site at any time without notice for any
reason whatsoever.
GON 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 GON' sole discretion.
Always use caution when giving out
any personally identifying information in any Communication Service.
GON does not control or endorse the content, messages or information
found in any Communication Service and, therefore, GON 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 GON spokespersons and
their views do not necessarily reflect those of GON.
Materials
uploaded to the Site or 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 download the
materials.
GON cannot guarantee and does not promise any specific results from the use of the Site or any Communication Service.
Materials Provided To GON or Posted at any GON Web Site.
GON does not claim ownership of the materials you provide to GON
(including feedback and suggestions) or post, upload, input or submit
to any GON Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting GON, its affiliated
companies and necessary sub-licensees your irrevocable royalty free
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. GON is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
GON' 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.
LIABILITY DISCLAIMER. THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE OR ANY COMMUNICATION SERVICE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. GON AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
GON DOES NOT
WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE OR ANY
SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
GON 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. GON 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
GON 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 GON OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH 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.
SERVICE CONTACT: support@greatoutdoornetwork.com
LIMITATION OF LIABILITY.
LIABILITY FOR GON, INCLUDING ITS PARENT, SUBSIDIARIES AND AFFILIATE
COMPANIES, IS LIMITED TO THE TOTAL AMOUNT PAID BY USER TO GON FOR THE
USE OF THE SITE.
Termination/Access Restriction.
GON 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.
Age of Majority.
This Site is not intended for children under the age of 18. If you are
under 18 you must first obtain your parent or guardian's permission
prior to submitting any information to this Site. We assume (and by
using this Site you warrant that) that either you have legal capacity
to enter into the agreement set out in these Terms of Use (i.e., that
you are of sufficient age and mental capacity and are otherwise
entitled to be legally bound in contract), or your parents have
consented to your use of this Site and accept these Terms of Use on
your behalf.
Indemnity. You agree to
indemnify and hold harmless GON and its officers, managers, members,
directors, employees, agents, distributors and affiliates from and
against any and all claims, demands, liabilities, costs or expenses,
including actual attorney's fees and costs, resulting from your breach
of these Terms of Use, any of your representations or warranties, from
your placement or transmission of any content onto GON' servers and/or
from any and all use of your account. You agree to indemnify and hold
harmless GON from any and all causes of action claims, costs, damages,
expenses, judgments, liabilities and losses, including actual attorney
fees and which may be incurred in defending against any causes of
action, claims for personal injury, wrongful death, personal property
damages or third party claims, arising directly or indirectly out of,
or in connection with, the Services.
Online Privacy Policy.
Your privacy is important to us. To better protect your privacy, we
provide a privacy policy explaining our online information practices
and the choices you can make about the way your information is
collected and used at the Site. Click Here to see this policy, which
forms a part of these Terms of Use.
Payment Terms.
Payments are due on User's receipt of Invoice. User agrees to pay fees
upon receipt of invoice. Initial invoices are sent immediately after
account activation. Accounts not paid in full within 30 days of the
invoice date will be placed on hold, and GON may terminate service to
those accounts. User may elect to pay by credit card. GON reserves the
right to assess a monthly late fee equal to the lesser of (i) 1.5% per
month or (ii) the highest fee permitted by applicable law. For billing
questions, call (877) 494-7328. If User should default on any payment
and GON is forced to seek other collection options, including but not
limited to, an outsourced collection agency and/or legal
representation, User will be responsible for any such fees incurred by
GON.
Certain Usage, Billing and Refund Rules.
Postings are posted for a minimum period of 60 days and must be used
within the allotted time frame. Authorized users may access GON
Database. No refunds are available. Billing may be based on number of
users. In the event a user name or password is shared with a user not
authorized by GON, GON may deactivate without issuing a refund.
GON authorizes you to view and access a single copy of the content
available on the Site solely for your personal use. You must retain all
copyright, trademark, service mark and other proprietary notices
contained in the original content on any authorized copy you make.
General; Governing Law; Consent to Jurisdiction.
To the maximum extent permitted by law, the internal laws of the State
of Florida, U.S.A., without regard to conflict of law principals,
govern these Terms of Use. GON is a company founded and based in West
Palm Beach, FL. This website is being maintained and operated by GON in
West Palm Beach, FL. You hereby consent and agree that the state courts
of West Palm Beach, FL and the Federal Courts of the West Palm Beach,
FL shall have the sole and exclusive jurisdiction of any claim or
dispute arising out of or relating to the use of this Site or these
Terms of Use. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists between
you and GON as a result of these Terms of Use or your use of the Site.
GON' performance of these Terms of Use is subject to existing laws and
legal process and nothing contained in these Terms of Use is in
derogation of GON' 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 GON with respect to such use.
You agree that regardless of any law or statute to the contrary, any
claim or cause or action arising out of or relating to the Site or
these Terms of Use must be filed within 1 year of the date the cause of
action arose or be barred as untimely. If any part of these Terms of
Use 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 these Terms of Use will
continue in effect. Unless otherwise specified herein, these Terms of
Use constitute the entire agreement between the user and GON with
respect to the Site and these Terms of Use supersede all prior or
contemporaneous communications and proposals, whether electronic, oral
or written, between the user and GON with respect to the Site. A
printed version of these Terms of Use and of any notice given in
electronic form will be admissible in judicial or administrative
proceedings based upon or relating to these Terms of Use 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 of the parties that these Terms of Use and all related
documents be drawn up in English. The liability disclaimers,
limitations of liability, indemnity obligations, payment terms, your
representations and warranties, and the provisions of this paragraph
will survive the termination of your use of the Site and any
Communication Service and will be enforceable even after you cease
using the Site or any Communication Service.
Copyright and Trademark Notices. All contents of the Site are the property of GON and/or its suppliers. All rights reserved.
Trademarks. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
Claims of Infringement.
If you believe that any content appearing on this Site infringes your
copyright rights, we at GON want to hear from you. Please forward the
following information in writing to the Copyright Agent named below:
your name, address, telephone number, and e-mail address; a description
of the copyrighted work that you claim has been infringed; the exact
URL or a description of each place where alleged infringing material is
located; a statement by you that you have a good faith belief that the
disputed use has not been authorized by you, your agent, or the law;
and your electronic or physical signature or the electronic or physical
signature of the person authorized to act on your behalf.
Copyright Agent:
The Great Outdoor Network Inc.
325 Clematis St. Ste 100-310
West Palm Beach, FL. 33401
info@greatoutdoornetwork.com
Tel: (877) 494-7328
GON seeks to preserve any and all exemptions from liability that may be
available under the copyright law, but does not stipulate that it is a
service provider as defined in USC section 512(c) or elsewhere.
