HIKING TEXAS® WEBSITE TERMS AND CONDITIONS OF USE
Please carefully read our terms and conditions of use. These constitute a binding agreement between you and Hiking Texas (“HT”). You agree that your use of our www.hikingtexas.com website, or any products or services available on or through any of our sites constitutes acceptance of the terms and conditions listed, below, in this agreement. If you work for or represent a business, you represent and agree that you are authorized by that business to enter into this agreement on behalf of that business. You understand that HT is relying on the fact that you are authorized to enter into this agreement on behalf of that business. When we use the words "you" or "your" in these terms and conditions, we refer to you, individually, and the company you may work for, own or represent. If for any reason or no reason you do not agree to be bound by this agreement, as amended, you must stop using our site.
We may from time to time amend, supplement or modify these terms and conditions. You must check this agreement periodically for changes. Your continued use of the HT website following the posting of changes will also mean that you accept and agree to the changes.
1. CONTACT INFORMATION
Hiking Texas, LLC
11900 Jollyville Rd
Austin, TX 78759
2. ACCESS TO CONTENT
HT strives to provide the best instructional content to our customers on a continuous basis. If you want to own a copy of any of our available photo guides, you must purchase the copy at prices posted on our website.
We also try to provide uninterrupted access to our website. However, on a rare occurrence, you may be unable to access one or more pages or other digital content due to conditions beyond our control. These conditions include, but are not limited to acts of God, power outages, electrical problems and/or the acts of computer hackers and others acting outside the law. Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. Please know that, when one or more of these events occurs, HT will exert commercially reasonable steps to ensure access is restored within a reasonable period of time.
HT reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of our website in whole or in part, including, without limitation, any content, availability or access to www.hikingtexas.com . You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of our website and any instructional content available through it.
3. FEES & REFUND POLICY
Fees charged for the instructional materials we produce and sell through our website are subject to change at any time. We hope you enjoy our goods. If you make a purchase and are dissatisfied, please contact us at email@example.com and we'll arrange for a refund. This being said, HT reserves the right, at its sole discretion, to decide whether to give full or partial refunds in accordance with Section 5 below.
4. PROHIBITED CONDUCT
We expect you to use good judgment when using and accessing our site and its content. Our website and the digital content available on and through it are all governed by copyright laws and other applicable laws. Below is a list of some of the things you may not do: You may not:
Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects gohikingtexas.com's computers, servers or databases.
Copy, distribute, perform, display, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Content available on the Site.
Transfer our website content to another person; "frame," "mirror," "in-line link," or employ similar navigational technology to our website content; or "deep link" to the Site Content.
Violate or attempt to violate HT's security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of our website or corrupt it in any way.
Engage in any other conduct which violates the laws of the United States or any foreign jurisdiction (especially copyright laws!).
Use any device (such as a "web crawler" or other automatic retrieval mechanism) or other means to harvest information about other users, our websites or our company.
Use or attempt to use or website or any of our content to violate a third party's intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party's intellectual property rights.
Misrepresent your identity or personal information when accessing our website; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by gohikingtexas.com.
Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
Advertise or otherwise solicit funds, goods or services on or through our Site.
Provide any commercial hosting service with access to our Site and/or its content or programs.
Make available on or through your user profile works, content, materials or properties that allegedly or actually violate, infringe or misappropriate the rights or properties of any third party.
We reserve the right to monitor use of our website(s) and we may revoke or deny access to any content or programs to any person or entity whose behavior, activities or use of our website or its content violates or appears to violate the prohibited conduct described above. Access to content beyond that of normal patterns of use that suggests systematic copying of the materials constitutes prohibited conduct and will result in revocation or denial of access to the Content. The terms "normal patterns" and "abuse" shall be determined solely by HT.
We report suspicious behavior to and cooperate with civil and criminal enforcement agencies both in the United States and abroad. You hereby consent to monitoring and to the provision of all information about your use of our Site to law enforcement and others as may be useful to respond to allegations that our website, content, services or information has been misused or violates the rights of any third party.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
5. LIMITED WARRANTIES
HT makes no representations or warranties regarding its www.hikingtexas.com website. The instructional digital content available on or through HT have been compiled by HT, third parties and other proprietary sources for the purposes of providing instruction on the given subject matter.
HT represents and warrants that if you purchase a copy of instructional material, the media containing the same will be free from material defects on the date we send you the media (e.g., a PDF e-book file).
HIKINGTEXAS’S SOLE LIABILITY FOR ANY BREACH OF THESE WARRANTIES SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA; OR, (B) TO EXERT COMMERCIALLY REASONABLE EFFORTS TO RESTORE ACCESS TO THE APPLICABLE STREAMED CONTENT. IF EITHER (A) OR (B) ARE IMPRACTICABLE, WE MAY DECIDE, AT OUR SOLE DISCRETION, TO REFUND THE APPLICABLE FEE PAID FOR PURCHASE OF AND/OR ACCESS TO THE CONTENT.
IF YOU HAVE ANY PROBLEM WITH ANY CONTENT PURCHASED ON OUR WEBSITE, YOU MUST REPORT IT TO US IN WRITING WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM. IF YOU DO NOT, HT WILL NOT BE OBLIGATED TO HONOR ITS LIMITED WARRANTIES AS DESCRIBED IN THIS SECTION. HT WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND AS DESCRIBED IN THIS SECTION WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. THE LIMITED WARRANTIES OFFERED BY HT HEREUNDER WILL BE VOID AND IS TERMINATED IF ANY MODIFICATIONS ARE MADE TO ANY MEDIA OR CONTENT; IF ANY MEDIA IS SUBJECT TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF YOU VIOLATE THE TERMS OF THIS AGREEMENT.
ALTHOUGH HT HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON ITS WEBSITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
6. DISCLAIMERS AND LIMITATIONS ON LIABILITY
EXCEPT FOR THE LIMITED WARRANTIES AND REMEDIES DESCRIBED IN SECTION 5 IMMEDIATELY ABOVE, HT AND GOHIKINGTEXAS.COM HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE WEBSITE, ANY PRODUCTS OR SERVICES ON THE SITE OR THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT, DATA AND INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY IMPLIED INDEMNITIES. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER CLAIMS OF YOURS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR USE OF OUR WEBSITE, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AS A RESULT, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR STREAMING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO AGENT, REPRESENTATIVE, LICENSEE OR EMPLOYEE OF HT IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
A NOTE ON SAFETY:
Safety is an important concern in all outdoor activities. No publication or advice can alert you to every hazard or anticipate the limitations of every reader. The descriptions of any techniques or procedures are intended to provide general information. Nothing substitutes for formal instruction, routine practice and plenty of experience. When you follow any procedures described within our website, social media channels or other communications, you assume responsibility for your own safety, as it is when you enter any trail, park or wilderness area. Under normal conditions, excursions into the backcountry require attention to traffic, road and trail conditions, weather, terrain, the capabilities of your party and other factors. Keeping informed on current conditions and exercising common sense are the keys to a safe, enjoyable outing. HT and the Creators assume no liability for accidents happening to, or injuries sustained by, those who engage in the activities described in published materials appearing on this website and all other channels of communication.
All logos, product or service names are trademarks of their respective companies. All photographs and written text appearing in published materials and all other channels of communication are the intellectual property of the Creators (unless otherwise noted) and are protected by U.S. and international copyright laws.
7. YOUR ASSUMPTION OF CERTAIN RISKS HELPS US KEEP PRICES DOWN
You assume all risks associated with the use of any instructional content on our Site. You agree and understand that HT would not grant you access to our website or our content "but for" the allocation of risks contained in these terms and conditions, including without limitation the disclaimer of warranties, limitations on liability and your obligation to indemnify HT as described herein. You also understand and agree that we could not provide the access and content (whether for free or at the then-current prices shown on our website) unless you agreed to the express allocation of risks and other terms and conditions contained herein.
8. YOUR INDEMNIFICATION OBLIGATION
You agree that you shall indemnify and hold harmless HT, its officers, directors, employees and agents, and all entities that have contributed content, information or data to, or provided services on or through HT and www.hikingtexas.com, against any and all losses, claims, demands, expenses (including reasonable attorneys' and expert witness fees) or liabilities of whatever nature or kind arising in any way out of your violation of this agreement, any of its terms or conditions or your use of our website, or of the content, or information and data contained therein or provided through it.
9. THIRD PARTY CONTENT; HYPERLINKS
HT assumes no responsibility for third party products or services.
Our website(s) may contain links and references to other third party websites and materials. We do not assume any responsibility for these websites or materials and provide these links or materials solely for your convenience. HT may disable any hyperlink to our Site at any time. We reserve the right (but are not obligated), subject to applicable laws, to monitor third party websites and hyperlinks on and to our website.
HT MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF, NOR ANY IMPLIED INDEMNITIES FOR ANY DATA OR INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, HT DOES NOT REPRESENT OR WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON A HT WEBSITE.
10. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS
HT and/or its third party content providers retain all rights throughout the universe in the intellectual property in and on the HT website, including but not limited to trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the website, its color combinations, layout, and all other graphical elements, and the copyrights in and to its content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by HT. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the CONTENT may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial or other use without the prior written consent of HT, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of HT's intellectual property except as set forth in Section 2.
If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to HT, You may forfeit your intellectual property rights and moral rights contained in such communication or material.
If you create a user profile on the HT website, HT may, at its sole discretion, temporarily or permanently suspend, block, terminate your access and/or delete your user profile if you put any material or content in your profile which allegedly or actually violates, infringes or misappropriates a third person’s rights or properties.
HT will promptly respond to any reasonable notice or claim that a user profile infringes the copyright or other proprietary rights of any person or company. HT will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action where it believes action is warranted. To notify HT of a possible infringement, please send written notice to the attention of “Infringement” care of firstname.lastname@example.org. Your notice must include a detailed description of the alleged infringement sufficient to enable HT to make a reasonable determination of its veracity and accuracy. You may be liable for damages (including reasonable attorneys’ fees and costs) for misrepresenting that certain user profiles infringe your copyright. If we remove or disable access to a user profile in response to a written notice, we will make reasonable attempts to contact the user who posted the affected user profile. If we take remedial action against your user profile, you may provide HT with your own written response, to the attention of “Infringement Counter Notification” at email@example.com. Your counter-notice must include sufficient information to enable HT to make a reasonable determination regarding your position. Please note that you may be held. We recommend that you seek the advice of a qualified attorney, barrister or solicitor for any disputes which may arise regarding your user profile and its related content.
11. SECURITY; AUTHORIZED USE
You may not, directly or indirectly, violate or attempt to violate the security of any HT website. HT has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. HT may immediately suspend or terminate your access while it conducts an investigation.
You represent and warrant that you are the person on whose behalf you claim to accept this agreement. As stated earlier in this agreement, if you are entering into this agreement on behalf of a third person or entity, you represent and warrant that you have the power and authority to enter into these terms and bind such person or entity. You also represent and warrant that you are an adult who is legally able to enter into this agreement.
12. TERM AND TERMINATION
The term of this agreement shall begin on the day that you first access our website and shall continue until terminated by either of us upon notice, which may be given by email. The terms of sections 1,3,4,5,6,7,8,9,10,11,13,14,15, and 16 shall survive any termination or expiration of this agreement. Additionally, all of the restrictions on use of our information shall continue to apply to information downloaded from any HT website until all copies of that information are destroyed by you. In addition to any other rights or remedies HT may have at law or in equity, HT may terminate this agreement at any time and at its sole and absolute discretion. HT may also terminate your access to content or otherwise block or cancel your access to our website without notice if we believe, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or engaged in conduct that HT deems inappropriate. Your obligation to pay fees shall survive any termination of this Agreement.
14. THIRD PARTY ADVERTISERS
We may use third-party advertising and communication companies to serve ads on our behalf. These companies may employ cookies and action tags.
These terms and conditions of use/agreement constitute the entire agreement between HT and you regarding the subject matter hereof, and any additional or different terms or conditions set forth in any other document, including without limitation any purchase order, shall be of no effect. Any previous agreement, whether oral or written, between you and HT dealing with the subject matter hereof is superseded. This agreement may only be modified or amended in writing on this Site, by HT. If any portion of this agreement is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon your breach or threatened breach hereof, HT may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. HT's remedies are cumulative and not exclusive. Failure of HT to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of this agreement at any later time. You agree that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing any HT website, you agree to and accept this shortening of the statutes of limitations. HT makes no covenant, representation or warranty that any content on or available through its website is appropriate or available for use in all locations. HT operates its website from the United States and makes no representation or warranty that its website or operation thereof complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using any HT website. You may not assign your rights or delegate your duties under this agreement.
16. GOVERNING LAW; DISPUTE RESOLUTION; FORUM AND VENUE
This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Utah, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in Grand County, Utah. The parties hereby consent to personal jurisdiction over them by the courts within Grand County, Utah. The parties waive all objection and challenge to such venue and personal jurisdiction.
All disputes between you and HT shall be finally resolved through binding arbitration in Moab, Utah. The arbitration shall be conducted by one (1) arbitrator selected under the applicable rules of JAMS. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Utah Superior Court, Grand County or the United States District Court for Utah. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Utah Superior Court, Grand County or the United States District Court for Utah for any equitable claim or other action related to or arising from this agreement, or any terms and conditions contained herein. Each party shall bear his/her/its own expenses and attorneys' fees related to any arbitration, claim or action.
HT primarily uses email to communicate with you. All purchase receipts, confirmation notices, welcome messages, and updates are delivered through electronic communications. HT may periodically communicate service and other suitable updates with you via email. If you have any questions or comments about this agreement, the HT website, or wish to report an issue, please contact us at firstname.lastname@example.org. We will attempt to reply within a reasonable time period to each e-mail inquiry we receive, but we cannot guarantee any timely response.
We want to create a learning-focused community to help everyone embrace their full creative potential. Learning puts us in an inherently vulnerable space and creation can often be messy and iterative. Our standards were designed to help further our goal of creating a diverse, positive, safe, interesting, constructive, valuable and overall enjoyable space for our community to actively learn, share information and be more creative.
Our Community Standards:
Be kind - No harassing, threatening, libelous, racist, abusive, hateful, violent or obscene language, behavior or photos.
Be clean - Any posts, user names, photos or other content that are profane, sexually graphic, or offensive are not allowed.
Be on-topic - Do not spam or solicit or post commercial advertising. This includes repetitive or irrelevant content.
Access and positivity are core values of HT. As a learning-focused and creative community, we welcome and embrace a diverse group of people with varied world views arising from differences of culture and circumstance. We believe all our viewers and followers learn better in a diverse educational environment and that they should have access to multiple points of view. Such differences include race, ethnicity, gender, sexual orientation, socio economic background, age, physical and learning ability, national origin or religion.
Basic Critique Guidelines
HT was created to support our community along its learning journey. As such, we encourage our community to actively share creative processes and completed works. We also encourage feedback, support and critique from the community. Any feedback should take into consideration the Community Standards and help the creator improve the overall quality of their work. Should you wish to offer feedback to other members of the community, here are a few guidelines to keep in mind:
Feedback is honest, but polite: be constructive, but also friendly.
Feedback is balanced: point out both what works, and what doesn't.
Feedback is specific: focus on the work, not the creator. Examples of specific things to give feedback on: composition, technical quality, story, impact, lighting, etc..
HT will promptly respond to any reasonable notice or claim that member content infringes the copyright of any person. HT will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action where it believes action is warranted. HT may, at its sole and exclusive discretion, remove or terminate access to our website for any allegedly infringing works. To notify HT of a possible infringement, please send written notice to the attention of “Copyright Infringement” to email@example.com. Your notice must include a detailed description and link to the alleged infringement sufficient to enable HT to make a reasonable determination of its veracity and accuracy. You may be liable for damages (including reasonable attorneys’ fees and costs) for misrepresenting that certain content infringes your copyright. If we remove content or disable access to a member in response to a written notice, we will make reasonable attempts to contact the user who posted the affected content. If we take action against your content, you may provide HT with your own written response, to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. Your counter-notice must include sufficient information to enable HT to make a reasonable determination regarding your position. Please note that you may be held. We recommend that you seek the advice of a qualified attorney, barrister or solicitor for any disputes which may arise regarding your content.
Release/Indemnity for Content
You hereby expressly and irrevocably release and forever discharge HT, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your content.
EFFECTIVE: September 1, 2019
LAST UPDATED: October 19, 2019