TERMS OF Service Agreement

Date of last revision: March 6, 2019

 

This terms of service agreement (“Agreement”) is between Huck Adventures, Inc., a Delaware corporation (“we,” “us,” “our,” or “ourselves”) and the person or entity (“you” or “your”) that has decided to use our services; any of our websites or apps; or any features, products, graphics, text, images, photos, audio, video, location data, computer code, and all other forms of data and communications (collectively, “Services”).

BY USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THIS AGREEMENT.If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, posted at https://Huckadventure.com/privacypolicyand incorporated by reference herein, do not use the Services.

The terms of this Agreement are subject to change at any time. It is your responsibility to check periodically for any changes. Continued use of the Services shall constitute acceptance of any changes.

I.             Description of the Services

Huck Adventures, Inc. provides an app that assists outdoor recreationists in connecting with the outdoor community, and also in planning trips—from finding and booking appropriate locations, activities, rentals, tailored to the users skill levels and interests—to coordinating communities by connecting with and organizing fellow recreationists. Our system is set up to allow users to seek out or be matched with various groups, individuals, and activities that are right for them, based upon their interests, characteristics, and abilities.

 

We also provide education and training, check-ins to promote safety, and opportunities for users to customize and shares their experiences through our Services and social media.

II.          Your Use of the Services

A.  Your Representations and Eligibility to Use Services

By registering and using the Services, you represent and warrant you: (i) have the authority and capacity to enter this Agreement; (ii) are at least 18 years old; and, (iii) are not precluded or restricted in any way from using the Services, either by law or due to previous suspension from the Services.

B.  Truthfulness of Information and Your Responsibility

You represent and warrant that allinformation you submit when using the Services is complete, accurate, and truthful. You are responsible for maintaining the completeness, accuracy, and truthfulness of such information. You cannot create an account for anyone other than yourself personally, or a business or non-profit for which you are authorized to bind to these terms and act on the behalf of.

C.  Additional Responsibilities

In addition to the other responsibilities and prohibitions set forth herein, you are solely responsible for:

• Any activity that occurs through your account.
• Your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, spots, works of authorship, applications, links, and other content or materials (collectively, “User Content”) that you submit, share, or display on or via the Services.

D.  Limited Use of Services

The Services are only for the uses specified in this Agreement. You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. We reserve the right to investigate and take legal action in response to illegal and/or unauthorized uses of the Services.

• You agree that our Services contain proprietary information and material that we own and is protected by applicable intellectual property and other laws, including but not limited to trademark, copyright, patent, and trade secret laws.
• Our ownership extends to all content, features, and functionality on the website or app, and in our communications, that is protected or protectable under the law.
• You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement.
• In no way should your use of the Services be construed to diminish our intellectual property rights or be construed as a license or the ability to use the Services in any context other than as expressly permitted under this Agreement.

E.  Prohibited Activities

You shall not engage in the following activities:

• Using personal profiles to advertise business services. Businesses wanting to be featured may contact us at huckadventures.com/partnerships.
• Reproduce the Services in any form or by any means, except as expressly permitted in this Agreement or otherwise in writing by our authorized agent.
• Modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way. This includes falsely implying, in any way, you are associated with Huck Adventures, Inc. or the Services.
• Interfere or disrupt the Services or associated servers or networks, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Huck Adventures, Inc. webpage is rendered or displayed in a user’s browser or device.
• Upload or send private or confidential information via the Service, including, without limitation, your or any other person’s credit card information (except as prompted for process through a third-party payment processor), social security or alternate national identity numbers, non-public phone numbers, or non-public email addresses.
• Use the Services to provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
• Use the Services for any unlawful activities or in violation of any laws, regulations, or contractual provisions, or to induce others to do or engage in the same.
• Defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate other people or entities.
• Use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity.
• Upload, display, send on or via the Service violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive photos or other content.
• Solicit passwords or personal identifying information for commercial or unlawful purposes from others or disseminate another person’s personal information without that person’s permission.
• Access another’s account without permission of us or that person.
• Publish or allow to be published malicious code intended to damage any mobile device, browser, computer, server, or network hardware;
• Spam any comments section with, or distribute through text, chat, or email, any offers of goods or services, commercial solicitations, or inappropriate or harassing messages.
• Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services, or share, use, transit, or distribute any information thus obtained, directly or indirectly.
• Decompile, reverse engineer, or otherwise attempt to obtain the source code or any other portion of the Services, or cause others to do so.
• Create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
• Restrict or attempt to restrict another user from using or enjoying the Services, or encourage or facilitate violations of these Terms of Services.

 

III.       Disclaimers, Waivers, and Indemnification

A.  No Guarantees, Endorsements, or Investigation

The Company does not provide any guarantees or endorsements of any third-party or user, or its content or links, provided through the Services. The Company does not investigate or otherwise review any user, third-party, or its content. You accept all risks associated with any user or third-party, and its content, links, or related information. You agree not to hold the Company liable for any conduct or content of third parties or other users.

B.  Disclaimer of Warranties

All information and services are provided on an “as is” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not make any warranty that access to the Services will be uninterrupted, secure, complete, error free, or meet your particular requirements.

C.  Updates and Versions

From time to time, the Company may issue updates to the Services. You understand that these updates may be automatically installed or implemented; that you here consent to such updates and installations without further notice; and should you refrain from utilizing updates, the Services may not operate properly. Furthermore, you have no right or entitlement to any version of the Services.

D.  Waiver of Liability

You waive any liability of or claims against us for any injuries or damages (including compensatory, punitive, special, or consequential damages) you sustain as a result of or associated with using the Services. You waive any claim or liability stemming from our negligence.

 

Where our Services incorporate or utilize any information, software, or content of a third party, you waive any liability or claim against us based upon that information, software, or content—including based upon the negligence of that third party.

E.  Scope of Waiver; California notices

You understand and agree the above waiver extends to any claim of any nature or kind, known or unknown, suspected or unsuspected, regardless of when the claim first existed. This includes waiver of a claim of the type identified under California Civil Code, Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

 

The following notice is for California users: Pursuant to California Civil Code Section 1789.3: If you have a question or complaint about us, our products, or our Services please contact us at Privacy@huckadventures.com.  You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs by telephone at (800) 952-5210 or by mail at the Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

F.  Indemnification

If we are subject to a complaint, a demand, mediation, arbitration, litigation, or other pursuit based upon your conduct relating to or from use of our Services, you agree to indemnify us for all costs, expenses, and fees (including attorneys’ fees by the attorneys of our choice) we expend in defending ourselves against or otherwise addressing such pursuit. Such conduct or use includes, but is not limited to, your violation of this Agreement; your use of the Services and any consequent that produces; your use of intellectual property on or through the Services; your conduct, actions, or inaction (including conveying false information or misrepresentations) towards any person or entity, including other users; and, any such actions performed by your agent or representative, or at your direction. You agree to indemnify us as soon as we incur the costs, expenses, and fees, whether those are billed by event, or in week, month, or some other interval.

IV.        Limitation of Services and Termination

A.  Right to Remove Content

We reserve an unrestricted right to remove content at any time without advanced notice, including our own content and features, and User Content.

B.  Right and Grounds to Terminate Access

To protect us and our users, we reserve an unrestricted right to refuse, terminate, block, or cancel your application to, account with, or access to the Services at any time, with or without cause. You acknowledge here that you have no right to use of the Services should we terminate or suspend your account. We have an unrestricted right to suspend your use of the Services permanently and/or pending further investigation, solely in our discretion.

C.  No Right to Services or Content

You neither possess nor retain any ownership of or rights to the Services, regardless of who generated the content. Upon termination, you have no right to access, retain, or have returned any such information.

D.  Grant of License to User-Generated Content

You hereby grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, publish, translate and distribute any content that you submit in any form to our Services in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. To be clear, this license, and our ability to use the content—including for promotional and advertising purposes—continues regardless of whether you cease using or are terminated from our Services.

E.  Survival

After termination, we retain all rights to content as specified in this Agreement. Sections II—VI of this Agreement survive after termination.

V.           General Provisions

A.  DMCA Violations

If you believe any of our content infringes on your copyright, you may request removal by contacting the following address: Privacy@huckadventures.com. We will respond to all requests promptly and to the best of our ability.

B.  Successors and Assignees

We may assign this Agreement, our Privacy Policy, and any other agreement relating to our Services (unless that agreement expressly states otherwise) to an affiliate or in connection with a merger or sale of all or substantially all of our corresponding assets. You may not assign this Agreement, our Privacy Policy, and any other agreement relating to our Services (unless that agreement expressly states otherwise).

 

You agree that any waiver or protections afforded to us are also provided to our affiliates, directors, officers, principals, employees, agents, and successors in their roles and relationship with us. You also acknowledge that all waivers and agreements bind not only you, but any successors, heirs, agents, and other representatives.

C.  Arbitration

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration administered by the American Arbitration Association. You may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. You understand and accept that, by agreeing to arbitration, you are foregoing your access to a trial by jury.

D. Limitation of Liability

To the maximum extent permitted by law, in no event shall we or our agents be liable to you or any other person or entity for any direct, punitive, incidental, special, consequential, or exemplary damages. In no event shall our liability under this Agreement exceed the total amount of money paid to us by you under any subscription or fees for our Services.

E.  Governing Law and Venue

This Agreement will be governed by and construed in accordance with the laws of the State of Colorado. The venue for any disputes including mediation, arbitration, or litigation shall be Denver, Colorado. You agree to waive the following defenses to any action brought in Colorado: forum non conveniensand lack of personal jurisdiction.

F.  Waiver

If one party waives any term or provision of this Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this Agreement, that party retains the right to enforce that term or provision at a later time.

G.  Severability

If any provision of this Agreement is invalid or unenforceable, whether by the decision of an arbitrator or court, by passage of a new law, or otherwise, the remainder of this Agreement will remain in effort and be construed and enforced consistent with the purpose of this Agreement, to the fullest extent permitted by law. Furthermore, if a provision is deemed invalid or unenforceable, you agree that provision should be enforced to the fullest extent permitted under the law, consistent with its purpose.

H. Understanding of Agreement

You acknowledge that you understand the terms and conditions of this Agreement. You also acknowledge that you could discuss these provisions with a lawyer at your own expense prior to entering into this Agreement, and have either done so or chosen not to do so in entering this Agreement. Regardless of your choice, you intend to be fully bound by this Agreement.

I.    EntireAgreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between us, and supersedes all prior agreements, representations, and understandings, oral or written, between us.