Outdoors at UVa Electronic Services Agreement
This Electronic Services Agreement supplements your General Release of Liability agreement and replaces any prior agreement between you and Outdoors club at the University of Virginia ("Outdoors") regarding your use of the Electronic Services.
1. Use of Electronic Services:
Scope of the Agreement. This Electronic Services Agreement (the "Agreement") between you and Outdoors states the terms and conditions that govern your use of Outdoors' Electronic Services. It is part of your membership agreement. The term "we", when used below, means Outdoors. The term "Electronic Services" includes all of Outdoors' computer, telephonic, email or wireless services or systems. This includes services and information accessible through Outdoors, or service providers used by Outdoors, including, but not limited to: Outdoors' website; Outdoors' computers and networks that are accessible externally; and any other computer, telephonic or wireless membership services or information system Outdoors provides to you, including successors to the systems described above.
Services Provided. Outdoors' Electronic Services allow you to sign up for membership; change personal information and preferences; view information of other members and let other members view information about you (including, but not limited to, email address, phone number, and birth date); view information about past or upcoming "adventures" (trips and activities); create, modify, post new adventures; sign up for or withdraw from upcoming adventures; posting post-adventure comments and photographs; and contacting officers. The Electronic Services are accessible via computer, telephonic or wireless transmissions for use on compatible personal, home or small business computers, including Internet appliances with modems, terminals and network computers, as well as various wireless devices. You understand that in order for Outdoors' Electronic Services, including future services available from Outdoors, to perform to your satisfaction, or at all, you are solely responsible for the hardware, software or other technology you use to access Outdoors' Electronic Services. Outdoors will not be responsible for any service difficulties resulting from your failure to possess technology adequate to use Outdoors' Electronic Services to your satisfaction.
Your Agreement. By using Outdoors' Electronic Services, you agree to comply with the terms and conditions of this Agreement. Outdoors has the right to modify or terminate this Agreement in any way at any time, and we may not provide you with notice of any modifications. You further agree to abide by any rules, procedures, standards, requirements or other conditions we may establish in connection with the use of our Electronic Services or any other electronic communications services made available by Outdoors.
2. Risks of Electronic Services:Access to the Electronic Services may be limited or unavailable during periods of peak demand, systems upgrades, maintenance or for other reasons. Outdoors will not be liable to you if you are unable to access your account information or request a transaction through the Electronic Services (See "Limitations of Liability").
3. Information; No Warranty:
Information. Outdoors' Electronic Services make available certain information that has been independently obtained or has been obtained by Outdoors. Outdoors does not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through Outdoors, the Information Providers or any other third party transmitting the Information (the "Information Transmitters"). You agree that neither Outdoors, the Information Providers nor the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Outdoors, the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of Outdoors' Electronic Services.
Disclaimer of Warranties. There is no warranty of merchantability, no warranty of fitness for a particular use and no warranty of non-infringement. There is no other warranty of any kind, express or implied, regarding the information or any aspect of Outdoors' electronic services (including but not limited to information access and adventure signup or cancellation).
4. Limitations of Liability:
Limitation of Damages. Outdoors, its officers and members, the information providers, information transmitters, and any other person involved in transmitting information will not be liable under any circumstances for any consequential, incidental, special or indirect damages even if you advise them of the possibility of such losses and damages. As a condition to accessing or receiving the information, you expressly agree to waive any claim you may have against Outdoors, its officers and members, any information provider, or any other persons involved in transmitting any information Outdoors makes available to you.
By accessing or receiving information, you agree that the liability of Outdoors, its officers and members, the information providers, or any other persons involved in transmitting information arising out of any legal claim (whether in contract, tort or otherwise) in any way connected with Outdoors' electronic services or information will not exceed the membership fee you paid.
Some jurisdictions do not allow limitations on how long implied warranties last, the exclusion or limitation of incidental or consequential damages or the exclusion of certain implied warranties, so that these disclaimers and limitations may not apply to you. This agreement gives you specific legal rights. You may also have other rights which vary from jurisdiction to jurisdiction.
No Liability for Events Outside of Entities' Direct Control. Outdoors, its officers and members, the information providers, information transmitters, and any other person involved in transmitting information will not be liable for any loss that results from a cause over which that entity does not have direct control. Such causes include, but are not limited to, (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems; (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, severe weather, earthquakes, other natural disasters or labor disputes. Outdoors is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of Outdoors' Electronic Services.
5. Consent to Email Communications and Opting Out:
By entering into a membership agreement with Outdoors or by subscribing to a Outdoors Electronic Service, you are consenting to the receipt of electronic mail ("email") from us. We may send you emails about services and products we believe may be of interest to you. You may opt-out of future emails about products or services by following instructions on our website, or contained in an email that you receive from us. We reserve the right, however, to email you important information relating to your account.
6. Use of Proprietary Information:
The Information provided is the property of Outdoors, the Information Providers or their licensers and is protected by applicable copyright law. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Information in any manner without the express written consent of Outdoors, the Information Providers or any other person with the authority to give such consent. You agree that you will not use the Information for any unlawful purpose. You further agree to comply with all reasonable written requests from Outdoors intended to protect the Information Providers' and Outdoors' respective rights in the Information and Electronic Services.
You agree that Outdoors' Electronic Services may send email messages on your behalf, including making said messages appear as if they have been written by you, for Club business.
7. Access, Passwords and Security:
You will be responsible for the confidentiality and use of your access number(s), password(s) and account number(s). You agree not to hold Outdoors liable for any damages of any kind resulting from your decision to disclose your access number(s), password(s), or account number(s) to any third party, including but not limited to, entities that aggregate account information or website content, or persons who are or claim to be acting as your agent or proxy. If you inform Outdoors or Outdoors has reason to believe that the security of your account password may be or has been compromised, we have the right to terminate your use of Electronic Services. You will be responsible for all information entered through and under your access number(s), password(s) and account number(s), and any information so received by Outdoors will be deemed to have been received from you. You agree immediately to notify Outdoors if you become aware of:
Any loss or theft of your access number(s), password(s) and/or account number(s); or any unauthorized use of any of your access number(s), password(s) and/or account number(s), or of the Electronic Services or any Information.
8. Data Transmission:
You acknowledge that data, including email and electronic communications, may be accessed by unauthorized third parties when communicated between you and Outdoors, Information Providers or Information Transmitters, using the Internet, other network communications facilities, telephone or any other electronic means. You agree to use software produced by third parties, including, but not limited to, "browser" software. You understand that Outdoors website is not secure, that it does not use any data security protocol such as Secure Socket Layer (SSL) protocol or other protocols. You acknowledge that Outdoors is not responsible for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.
9. Use of Software, Programs, Applications or Other Devices to Access Electronic Services:
With the exception of applications commonly known as web browser software, or other applications formally approved by Outdoors in writing, you agree not to use any software, program, application or any other device to access or log on to Outdoors' computer systems, website or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content or information to or from Outdoors' computer systems, website or proprietary software.
10. Subscription, Service, Use Fees:
You agree to pay all subscription, service and use fees, if any, that you are charged by Outdoors or its designee for Outdoors' Electronic Services. You agree that these fees may be changed without notice. Outdoors reserves the right to enter into fee sharing arrangements with applicable Information Providers and Information Transmitters.
You agree to defend, indemnify and hold Outdoors, its past and present officers and members, the Information Providers and the Information Transmitters harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of this Agreement, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this Agreement.
12. Our Ability to Terminate Electronic Services:
Outdoors reserves the right to terminate your access to its Electronic Services or any portion of them in its sole discretion, without notice and without limitation, for any reason whatsoever. Outdoors may terminate your access to its Electronic Services for reasons including, but not limited to, the unauthorized use of your account access information, breach of this Agreement, discontinuance of Outdoors' access to any Information or any other data from any Information Provider or termination of one or more agreements between Outdoors and Information Providers or Information Transmitters. Outdoors, the Information Providers, and the Information Transmitters shall have no liability to you for terminating your access to Outdoors' Electronic Services.
13. Electronic Communications:
The Electronic Services you access by computer provide you with the capability to send electronic communications, such as email, directly to Outdoors and interact within applicable areas of the Electronic Services. You agree to the following terms with respect to your use of electronic communications through the Electronic Services:
Outdoors shall be entitled, but is not obligated, to review or retain your electronic communications for, among other reasons, monitoring the quality of service you receive, your compliance with this Agreement and the security of the Electronic Services. Outdoors is entitled to disclose your electronic communications to the same extent it may disclose other information about you or your account(s) as provided elsewhere in your account agreement(s). In no event will Outdoors be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of such activities by Outdoors; You will not use any electronic communication feature of the Electronic Services for any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening. You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; You will not in any way express or imply that the opinions in your electronic communications are endorsed by Outdoors without the prior written consent of Outdoors; If you use the Electronic Services that you access by computer, you agree to provide Outdoors with your email address, promptly provide Outdoors with any changes to your email address and accept electronic communications from Outdoors at the email address you specify; and You agree to be bound by any affirmance, assent or agreement you transmit through the Electronic Services you access by computer, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an "I agree", "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
14. Photographs and Videos:
You authorize Outdoors to use, copy and distribute photographs or videos of you participating in Outdoors adventures, whether photographed or filmed by you or not, for Outdoors-related business including posting on the website. You further authorize Outdoors to use, copy and distribute photographs or videos you take of Outdoors adventures and provide to Outdoors for Outdoors-related business.
You acknowledge that, in providing you with the Electronic Services, Outdoors has relied upon your agreement to be bound by the terms of this Agreement and any user or license agreement(s) related to or accompanying Electronic Services-related software. You further acknowledge that you have read, understood and agreed to be bound by the terms of (i) the user license agreement of any Electronic Services-related software, and (ii) the terms of Outdoors' membership agreement(s) and any other agreement with Outdoors that applies to your account(s), all as currently in effect and amended from time to time.
This Agreement may be modified by Outdoors without written notice to you provided, however, that if Outdoors sends you written notice, via electronic communication or otherwise, of a modification, you confirm your acceptance of the modification by not closing and/or by continuing to use your account.
17. Governing Law and Severability:
This Agreement, and all future agreements you shall enter into with Outdoors, unless otherwise indicated on such other agreement, shall be governed by the law (but not the choice of law doctrines) of the state of Virginia. This is the case regardless of whether you reside or transact business with Outdoors in Virginia or elsewhere, except that arbitration provisions shall be governed by the Federal Arbitration Act. Severability: Any provision of this Electronic Services Agreement that is prohibited by, or unlawful or unenforceable under, Virginia law shall be ineffective only to the extent of such prohibition without invalidating the remaining provisions.