This page contains a copy of the waiver the subscribers agree to when they sign up to Wanderung, and the terms of usage for the Wanderung website and mailing list. Many answers lie within, enjoy.
Wanderung Outdoor Recreation Society Liability Waiver and Indemnity Agreement
A required agreement to become a subscriber to the mailing list…
Please read the following legal disclaimer, and click on the link at the bottom of the page to join the mailing list if you agree to these terms:
In consideration of WANDERUNG OUTDOOR RECREATION SOCIETY (“WANDERUNG”) accepting my application to participate in hiking, backpacking, scrambling, snowshoeing, cross country skiing, cycling, kayaking, skiing, snowboarding, horseback riding or social activity or any combination of these or similar activities, (an “Event”) on lands owned by or under the control of the Province of British Columbia or the Government of Canada or elsewhere, the following waiver of all claims, release from all liability, assumption of all risks, agreement not to sue and other terms of this Agreement (”Waiver”) are entered into by me with and for the benefit of WANDERUNG and Event organizers, Event participants, moderators, system designers and developers, founders, coordinators, assistants, volunteers, directors, officers, servants, agents, representatives, independent contractors, and all persons acting under its authority, including any paid instructors or guides, (collectively the “Personnel”).
Scope of Waiver
An Event includes any trip or event organized using mailing lists or other communications technologies that are owned or controlled by WANDERUNG. This waiver is not to be construed as a release of a driver of any vehicle with respect to any cause of action that may arise as a result of the operation or use of a motor vehicle.
I, on behalf of myself, my next of kin, my heirs, my executors, administrators, and assigns hereby waive any and all claims that I have or may in the future have against, and release from all liability and agree not to sue WANDERUNG or Personnel, for any personal injury, death, property damage or other loss that I sustain during or as a result of an Event due to any cause whatsoever on the part of WANDERUNG, the Personnel or others, including:
1. negligence (the meaning of which includes failure to use such care as a reasonably prudent and careful person that would use under similar circumstances and failure to meet standards of care in the hiking, backpacking, scrambling, snowshoeing, cross country skiing, cycling, kayaking, skiing, snowboarding, horseback riding or other similar adventure industry);
2. breach of any other duty imposed by law, including any duty imposed by occupiers liability or other legislation;
3. breach of any contract; and
4. mistakes or errors in judgment of any kind.
Inherent risks in Activities
I am aware of the risks inherent in an Event, including but not limited to:
AVALANCHES, ROCK FALL OR ICE FALL: which can frequently occur in the mountain terrain used for hiking and mountaineering and may be caused by natural forces including steepness of slopes, snow, or ice depth, instability of the snow pack or rock or glacier, or changing weather conditions, or by climbers, hikers, skiers, or snowboarders, or by aircraft or helicopter or by the failure for any reason of WANDERUNG or the Personnel to predict whether the terrain is safe for hiking and mountaineering or where or when the avalanche, rock fall or ice fall may or may not occur. I am aware that some snowboard and telemark ski boot binding systems are not designed or intended to release and will not release under normal circumstances. I am aware that there is an increased risk that I will not survive an avalanche if the snowboard or telemark skis do not have a binding release mechanism;
MOUNTAINOUS AND STEEP TERRAIN: I am aware that loss of balance or control and falls, particularly on steep or difficult terrain, whether roped or unroped, may cause injury or death. In addition, the mountainous areas used for an Event have areas and steep slopes which in their natural state have many dangerous obstacles and hazards which may be hidden or covered by snow. Some of these obstacles and hazards include, but are not limited to, glacier crevasses, ice, icebridges, ice and snow cornices, cornice falls, tree wells, tree stumps, logs, forest deadfall, concealed or exposed crevasses, creeks, hidden or exposed earth, rocks and boulders, forest deadfall, concealed or exposed holes and depressions, limited visibility, and varying difficult snow and climbing conditions. These mountainous areas may also have dangerous man-made obstacles and hazards which may include logging and other roads, steep road banks, fences, and other structures. The areas used for hiking and mountaineering may not have been traveled previously and are not regularly patrolled or examined. Because of forested areas, wild and rugged terrain or bad weather, trip participants may become lost or separated from their trip organizers or companions. Communication in this mountain terrain is always difficult and, in the event of an accident, rescue and medical treatment may not be available;
AUTOMOBILE TRAVEL: additional risks are posed by automobile travel in mountainous areas and in changeable weather conditions. I am aware that no background checks of drivers or participants, driver record checks or insurance checks are undertaken by WANDERUNG or the Personnel. In addition, WANDERUNG does not make any assurances or certifications regarding the condition, suitability or safety of the vehicles being used in an Event, the reliability or driving ability of participants or drivers, or whether those participants or drivers are insured. I am aware of the risks associated with driving including, but not limited to, rapidly changing road and highway conditions, dangerous driving conditions and travel over poor roads. I am aware of the risks to my vehicle, including but not limited to, wear and tear, intentional or unintentional damage, collision, theft and vandalism;
EQUIPMENT: equipment used in an Event may fail. The equipment used may include, but is not limited to, ropes, helmets, harnesses, climbing protection, ice tools, skis, snowboards, boots, navigation tools, ski poles, and avalanche transceivers. This equipment may be provided by WANDERUNG, the Personnel, guides or other hikers and climbers or it may be affixed to the mountain or trail;
WEATHER: weather conditions may be extreme and can change rapidly without warning and may cause injury or death;
ALTITUDE: the altitude of areas used for an Event may cause illness or death;
ANIMALS: wild and domestic animals are unpredictable and may attack;
WATERCRAFT: I am aware of the risks of the use of any watercraft for transport or adventure. The risks may include, but are not limited to, frigid water, unpredictable currents, submerged rocks and rock outcroppings, fallen trees, waterfalls, sinking, capsizing, swamping, uncontrolled drifting, and collisions with other crafts or obstacles. I acknowledge that there is a significant risk of injury or death from these hazards, including by drowning or hypothermia or delay in rescue;
RIVER OR CREEK CROSSINGS: I am aware that rivers or creeks have many dangerous obstacles and hazards many of which are hidden and cannot be foreseen. The risks may include, but are not limited to, frigid water, rapids, unpredictable currents, submerged rocks and rock outcroppings, fallen trees, waterfalls, ledges, drop-offs, whirlpools and undercurrents. I acknowledge that there is a significant risk of injury or death from these hazards, including by drowning or hypothermia or delay in rescue;
HORSEBACK RIDING: I am aware that the activity of horseback riding involves numerous inherent risks of injury that are integral to that activity. The risks may include, but are not limited to, loss of control, collision, obstacles, whether they are obvious or not obvious, man-made or natural. I am aware that I may encounter variations in the terrain, which may include, but are not limited to, breaks, growth, debris, rocks, cliffs, and other hazardous surface or subsurface conditions and obstacles, whether they are obvious or not obvious, man-made or natural. I am aware that an animal, irrespective of its training and usual past behaviour and characteristics, may act or react unexpectedly or unpredictably at times;
TRANSPORTATION TO AND FROM AREAS: I am aware of the risks associated with transport through mountainous areas including, but not limited to, rapidly changing road and highway conditions, dangerous driving conditions and travel over poor roads and the risks of using trains, cars, motor coaches, aircraft, vans and taxis which may or may not be owned or operated by WANDERUNG or the Personnel;
OTHER EVENT PARTICIPANTS AND OTHER PERSONS: I am aware of the risk of being separated from one’s party or becoming lost. I am aware of the risk of the conduct of other persons, including other Event participants. These risks may include, but are not limited to, impact or collisions with other persons; negligence of other mountaineers, climbers, backpackers, hikers, skiers, snowboarders, snowshoers, drivers, snowmobilers, horsebackriders and others; errors in judgement; lack of preparation; inadequate or inappropriate equipment; equipment failure, malfunction or loss and failure to act safely or within one’s ability.
Wanderung does not Supervise or Control Events
I am aware that any member of the public can subscribe to Wanderung and can organize an Event using Wanderung tools. I acknowledge that Wanderung is not responsible for verifying the identity of Event organizers or assessing their ability to organize. I acknowledge that Event organizers are not guides and may not have sufficient fitness, experience, clothing, and equipment and that I am solely responsible for assessing whether I have sufficient fitness, experience, clothing, and equipment to do a trip before I sign up.
I am aware that the fact that an Event is communicated through Wanderung tools (“callout”) does not mean that the callout has been evaluated in any way by Wanderung or the Personnel, and that Wanderung and the Personnel are not responsible for errors or omissions in a callout. I acknowledge that Wanderung has the right to regulate usage of its tools, such as by moderating postings to its email lists, but is under no obligation to do so.
I am aware that Wanderung does not monitor when Event participants return, and that organizing or signing up for an Event is not a substitute for leaving a trip plan with a responsible friend or family member.
I acknowledge that Wanderung has no control over, or knowledge of, the identity or actions of the individuals who organize or participate in Events, that Wanderung does not supervise Events, and that Wanderung is not involved in any way with the actions of any Event participant.
I acknowledge that Wanderung has no control over, or knowledge of, the identity or actions of the individuals who use, or subscribe to, Wanderung and Wanderung tools, and that Wanderung does not supervise these users or list subscribers, and that Wanderung is not involved in any way with the actions of any list subscriber.
I assume and accept all the risks and dangers inherent in every Event and the possibility of personal injury, death, property damage or other loss as a result. I agree that, although WANDERUNG and the Personnel may take precautions to reduce the risks and increase the safety of Events and to determine whether a particular mountain or other terrain is safe from the risk of avalanche or other hazards, it is not possible for WANDERUNG or the Personnel to make these activities completely safe or to predict with complete assurance whether the terrain or activity is safe. I willingly accept these risks and agree to the terms of this Waiver even if WANDERUNG or any of the Personnel are found in law to be negligent or in breach of a duty of care or any other obligation to me in their conduct of any Event.
I am aware that the enjoyment and excitement of Events is derived in part from hiking, backpacking, scrambling, snowshoeing, cross country skiing, cycling, kayaking, skiing or snowboarding, horseback riding in wild, rugged, uncontrolled environments and is contributed to by the inherent risks of these activities.
By agreeing to this Waiver, I am not relying on any oral, written, visual representations or statements of any kind, including promotional statements made by WANDERUNG on the WANDERUNG website or in their documents or by any of the Personnel to induce me to go on an Event.
I confirm that I am of the full age of nineteen years, that I have had sufficient time to read and understand what I am agreeing to in this Waiver before joining up and that it will be binding upon my heirs, next of kin, executors, administrators and successors.
I agree that this Waiver and the agreements it contains will be governed exclusively in all respects by and interpreted solely in accordance with the laws of the Province of British Columbia. I hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia and I agree that no other courts can exercise jurisdiction over the agreements and claims referred to herein. Any Litigation pertaining to this Waiver or arising out of my Event shall be instituted in British Columbia and nowhere else.
WEB SITE AND MAILING LIST TERMS AND CONDITIONS OF USE
Date of Last Revision: March 7, 2009
THIS SITE AND RELATED SERVICES, INCLUDING THE CALLOUT@BINHOST.COM MAILING LIST, ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE AND MAILING LIST WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE AND UNSUBSCRIBE FROM THE MAILING LIST.
Welcome to www.wanderung.ca! This Web site (www.wanderung.ca, or any replacement site, the “Site”) and the callout@binhost.com mailman list, the “Mailinglist” are operated by (“Wanderung” or “we”, the Wanderung Outdoor Recreation Society) and allows users to create, share, collaborate, access, and send content related to outdoor and sporting activities. The services offered by Wanderung include the Site and any other features, content, or applications offered at any time and from time to time by Wanderung in connection with the Site (collectively, the “Services”).
1. Acceptance
THIS WEB SITE TERMS AND CONDITIONS OF USE (“TERMS”) IS A LEGALLY BINDING AGREEMENT BETWEEN EACH USER (INCLUDING ANY REGISTERED USER, TRIAL USER, VISITOR, AGGREGATOR, SELLER OF CONTENT, PURCHASER OF CONTENT OR PURCHASER OF ANY WANDERUNG SERVICE) (“YOU” AND “YOUR”) AND . BY USING THE SITE OR SERVICES, YOU AGREE THAT YOU UNDERSTAND THE TERMS, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THESE TERMS SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF AND ACCESS TO THE SITE AND ANY SERVICE PROVIDED BY WANDERUNG. AS USED HEREIN, “SERVICES” INCLUDES USE OF ANY VERSION OF ANY WANDERUNG SERVICES. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD NOT USE THE SITE OR SERVICES.
2. Changes to Terms
We may revise these Terms at any time and from time to time, and by your continued use of the Site you agree to be bound by future revisions. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of the Site to review the most current version of the Terms. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time and from time to time, without prior notice to you.
3. Eligibility
Membership in the Services is void where prohibited. The Site is intended solely for users who are nineteen (19) years of age or older. Any registration by, use of, or access to the Site by anyone under nineteen (19) is unauthorized, unlicensed and in violation of these Terms. By using the Services or the Site, you represent and warrant that you are nineteen (19) years of age or older.
4. Registration Data; Account Security
In consideration of your use of the Site and Mailing list, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site and mailing list registration forms (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Wanderung, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account
5. Trademarks
Wanderung and other Wanderung graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Wanderung in the Canada, the U.S. and/or other countries. Wanderung’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Wanderung.
6. Restrictions on Use; License Grant
The contents of the Site, including the text, images, audio and video, are copyrighted and the property of Wanderung and/or its subsidiaries, affiliates, vendors and licensors and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of Wanderung, except that you may download content from the Site to any single computer for your personal, non-commercial (except with regard to your use of inherent functionality provided through the Site) use only, provided that you keep intact all copyright, trademark and all other proprietary notices and comply with any applicable end user license agreements. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is strictly prohibited.
Wanderung hereby grants you a nonexclusive, non-transferable, limited license to use the Site and the Shared Content (as defined below) solely for your personal, non-commercial (except with regard to your use of inherent functionality provided through the Site) use. As a condition of your use of the Site, you warrant to Wanderung that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. If you breach any of these Terms, your authorization to use the Site shall automatically and immediately terminate and you must immediately destroy any downloaded or printed materials.
You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. You agree not to use the Services or the Site in any manner that could damage, disable, overburden, or impair the Site.
Any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by Wanderung and/or its vendors and licensors.
7. Third-Party Web Sites and Content
The Site may contain (or you may be sent through the Site or the Service) links to other Web sites (“Third-Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third-parties (the “Third Party Applications, Software, or Content”). Such Third-Party Sites and Third-Party Applications, Software and Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible, and have no liability, for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software, or Content posted on, available through or installed from the Site, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
8. Shared Content
You are solely responsible for the text, images, video, audio, links, messages, notes, profiles, listings, or other content that you upload, publish, or display (hereinafter, “post”) on or through the Services or the Site, or transmit to or share with other users (collectively, “Shared Content”). By posting any Shared Content, you: (a) grant Wanderung and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Shared Content throughout the world in any media, now known or hereafter devised; (b) grant Wanderung and its affiliates and sub-licensees the right to use the name that you submit in connection with such Shared Content; and (c) grant the other users of the Site a non-exclusive license to reproduce, transmit, display, disclose, perform and otherwise use Shared Content posted by you through the functionality of the Site. Shared Content will be considered non-confidential and Wanderung is under no obligation to treat such Shared Content as proprietary information. Without limiting the foregoing, Wanderung reserves the right to use the Shared Content, or any portion thereof, as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it.
Furthermore, by uploading or submitting material or content to the Site, you represent and warrant that:
1. Wanderung, our customers and our licensees, shall not be required to make any payments with respect to the Shared Content, including, but not limited to, payments to you or any third-parties;
2. you have all right, title and interest necessary to post the Shared Content to the Site and grant the rights provided above; you have full right and power to enter into and perform under these Terms; and you have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms;
3. the Shared Content you submit will not infringe upon any third-party’s copyright, patent, trademark, trade secret, or any other proprietary rights; and
4. you will not post any Shared Content that is harmful, threatening, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable or violates any law, regulation, or rule.
If you post Shared Content in violation of the warranties above, you acknowledge and agree that Wanderung, in its sole and exclusive discretion, may disable your uploading or posting privileges and/or terminate your account. Notwithstanding, you shall remain responsible for all such Shared Content and you acknowledge and agree that you shall indemnify and hold Wanderung harmless from any and all damages and losses resulting from your posting of Shared Content. Wanderung retains the right to remove, in its sole discretion, without notice, Shared Content that includes any material deemed abusive, defamatory, obscene, illegal, or otherwise inappropriate.
9. Your Account
You may create an account to access and use certain services and other features on the Site. You agree to provide only true and correct information in establishing your account. You are responsible for all activities conducted using your account and you are solely responsible for safeguarding your password and other access information. You will notify Wanderung immediately if you believe the security of your account has been compromised. You may not use the account of another user.
10. Infringement Notices
As provided in the Digital Millennium Copyright Act (DMCA – U.S.), we have designated the individual for notification of potential copyright infringement regarding the Site. He can be contacted using the “contact us” link at the bottom of every page of this web site.
If you believe any Service or Shared Content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):
1. A physical or electronic signature of the copyright owner or authorized agent;
2. Identification of the copyrighted work(s) claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
5. A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Wanderung has adopted a policy of terminating, in appropriate circumstances and at Wanderung’s sole discretion, members who are deemed to be repeat infringers. Wanderung may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12. Indemnity
You agree to indemnify and hold Wanderung, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any Shared Content you post or share on or through the Site, your use of the Services or the Site, your conduct in connection with the Services or the Site or with other users of the Services or the Site, or any violation of this Agreement or of any law or the rights of any third-party.
13. User Disputes
You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
14. Disclaimers
Wanderung is not responsible or liable in any manner for any Shared Content, any user content, or Third-Party Applications, Software, or Content posted on the Site and/or Mailinglist or in connection with the Service, whether posted or caused by you or other users of the Site, by Wanderung, by third-parties, or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Site and mailing list and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any Shared Content, user content, or Third-Party Applications, Software, or Content. Wanderung is not responsible or liable for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Wanderung assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications. Wanderung is not responsible or liable for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including, but not limited to, injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Wanderung be responsible or liable for any loss or damage, including, but not limited to, any loss or damage to any Shared Content, any other user content, or personal injury or death, resulting from anyone’s use of the Site or the Service, any Shared Content, any other user content, or Third-Party Applications, Software, or Content posted on or through the Site or the Service or transmitted to users, or any interactions between users of the Site, whether online or offline.
THE SITE, INCLUDING ANY SHARED CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SERVICES AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WANDERUNG OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
CALL-OUT (e-mail based trip invitations posted by subscribers) DETAILS AND ALL OTHER SITE INFORMATION POSTED BY USERS, SUCH AS TRAIL CONDITION REPORTS ARE NOT VERIFIED, OR OTHERWISE APPROVED BY WANDERUNG FOR PURPOSES OF SAFETY OR QUALITY PRIOR TO POSTING. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF ANY INFORMATION PROVIDED WITHIN CALL-OUTS, THE SITE, WRITTEN CORRESPONDENCE, OR ORALLY BY WANDERUNG OR ITS AUTHORIZED REPRESENTATIVES.
We do not represent or endorse the accuracy or reliablity of any advice, opinion, statement, information displayed, uploaded or distributed through the Service or any user of the Service or any other person or entity.
15. Limitation of Liability
WANDERUNG AND ITS AFFILIATES, VENDORS, LICENSORS AND OTHER THIRD-PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SERVICES, SHARED CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Arbitration
YOU AND WANDERUNG AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, EXCEPT THAT, TO THE EXTENT THAT EITHER OF US HAS IN ANY MANNER INFRINGED UPON OR VIOLATED OR THREATENED TO INFRINGE UPON OR VIOLATE THE OTHER PARTY’S PATENT, COPYRIGHT, TRADEMARK, OR TRADE SECRET RIGHTS, OR YOU HAVE OTHERWISE VIOLATED ANY OF THE USER CONDUCT RULES SET FORTH HEREIN, THEN THE PARTIES ACKNOWLEDGE THAT ARBITRATION IS NOT AN ADEQUATE REMEDY AT LAW AND THAT INJUNCTIVE OR OTHER APPROPRIATE RELIEF MAY BE SOUGHT.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, Wanderung will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING, BUT NOT LIMITED TO, ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Services (including your visit to or use of the Site and/or the Services) be instituted more than three (3) years after the cause of action arose.
17. Accuracy and Integrity of Information
Although Wanderung attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies, and other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third-parties. In the event that an inaccuracy arises, please inform Wanderung so that it can be corrected. Information contained on the Site may be changed or updated without notice. Wanderung does not guarantee the integrity or accurateness of any content uploaded to the site by any user or by any other third-party, including, but not limited to, the Shared Content, and Wanderung shall not be responsible for any content uploaded to the site by any user, or by any other third-party, including, but not limited to, the Shared Content.
18. Links or Pointers to Other Sites
Wanderung makes no representations whatsoever about any other Web site that you may access through the Site. When you access a non-Wanderung site, please understand that it is independent from Wanderung, and that Wanderung has no control over the content on that Web site. In addition, a hyperlink to a non-Wanderung Web site does not mean that Wanderung endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access any of the third-party sites linked to the Site, you do this entirely at your own risk.
19. Links to the Site
Without our express, prior and written permission, it is expressly prohibited to: (a) “frame” the Site or any Shared Content or otherwise cause the Site or any Shared Content to appear in a window with any other material that does not constitute Shared Content; (b) cause the hyperlink to the Site, or the Site, or any Shared Content, to be displayed in any way that is disparaging to Wanderung or any entity that is affiliated or associated with Wanderung; or (c) otherwise imply or state that any type of relationship or special arrangements exist with Wanderung and any other entity.
20. Privacy Policy
Information that you provide or that we collect about you and your organization, in connection with your access to and use of the Site, is subject to our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy. Click
to access our Privacy Policy by clicking the link below.
21. Governing Law
These terms are entered into in the Province of British Columbia, Canada. You agree it will be governed by the Laws of the Province of British Columbia and any disputes arising out of these Terms will be subject to the Courts of the Province of British Columbia and the federal courts applicable within this Province. If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
22. Termination
Wanderung may terminate your membership, delete your profile and any content or information that you have posted on the Site, or prohibit you from using or accessing the Service or the Site (or any portion, aspect, or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including, without limitation, if it believes that you are under 19 years of age.
23. User Conduct
You understand that except for advertising programs offered by Wanderung on the Site (e.g. the Wanderung Mailinglist), the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
* harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
* use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
* use automated scripts to collect information from or otherwise interact with the Service or the Site;
* upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
* register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
* impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
* upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
* upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Insurance Numbers, and credit card numbers;
* solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
* upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
*
contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purposes
*
engage in any form of harassment or offensive behaviour
* upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law;
* use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
* upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
* submit anything except ‘callouts’ to the Mailinglist service (no other type of message is permitted)
* do not post Wanderung call-outs to other hiking lists or forums
With respect to conduct attending events organized using the Wanderung Mailinglist Service you agree not to:
* show up to the meeting spot unannounced
* invite non-members
* fail to show up, once you have been enrolled in a trip
* sign up to multiple trips that are scheduled to occur at the same time
* endanger yourself or other list user
* harm wildlife or the environment
* willfully damage any property
* commit a criminal act
* intimidate or harass another
Without limiting any of the foregoing, you also agree to abide by our Wanderung USER CODE OF CONDUCT
.
24. Entire Agreement
Except as provided below, these Terms constitute the entire agreement between Wanderung and you pertaining to the subject matter hereof. In its sole discretion, Wanderung may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Site.
26. Assignment
You do not have the right to assign these Terms or any of your rights to this Service to anyone.
PRIVACY POLICY
At Wanderung (“Wanderung” or “we”, the Wanderung Outdoor Recreation Society), we are committed to respecting your privacy. We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. That’s why Wanderung has established this online privacy policy (“Policy”) for www.Wanderung.ca (or any replacement site, the “Site”).
1. Information Gathered By Wanderung
This Policy applies only to activities Wanderung engages in on the Site and does not apply to Wanderung activities that are “offline,” unrelated to the Site, or related to any other Wanderung site. Wanderung collects certain anonymous data regarding the usage of the Site. This information does not personally identify users, by itself or in combination with other information, and is gathered to improve the performance of the Site. The anonymous data collected by the Wanderung Site can include information such as the type of browser you are using, your IP address and the length of the visit to the Site.
You may also be asked to provide personally identifiable information on the Site, which may include your name, address and e-mail address. This information can be gathered when feedback or e-mails are sent to Wanderung, when you register an account, or when you post content to the Site. In all such cases you have the option of providing us with personally identifiable information.
2. Cookies
Cookies are small bits of data that are deposited on a user’s hard drive. Cookies permit users to store their password and other user information without having to constantly re-enter this data. We may also use cookies and clear GIFs to gather and compile such information about you when you return to our Site so that we may better customize our services to you.
3. Use and Disclosure of Information
Wanderung does not sell personally identifiable information, such as your name or e-mail address to advertisers. However, non-personal “aggregated data” may be used to enhance the operation of the Site, or analyze interest in the areas of the Site. Additionally, if you provide Wanderung with content for publishing or feedback, we may publish your user name or other identifying data.
Wanderung may also disclose personally identifiable information in order to respond to a subpoena, court order, or other such request. Wanderung may also provide such personally identifiable information in response to a law enforcement agency’s request or as otherwise required by law. In the event of the dissolution of Wanderung as a non-profit society, Wanderung’s assets and your personally identifiable information may be given to another non-profit organization with similar purposes as Wanderung.
We do not sell, trade, or rent your personally identifiable information collected on the Site to others. The information collected by the Site is used for statistical purposes for improving the Site.
4. Other Web Sites
Wanderung is not responsible for the privacy policies of Web sites to which it links. If you provide any information to such third-parties, different rules regarding the collection and use of your personal information may apply. We strongly suggest you review such third-party’s privacy policies before providing any data to them. We are not responsible for the policies or practices of third-parties. Please be aware that our sites, including the Site, may contain links to other sites on the Internet that are owned and operated by third-parties. The information practices of those Web sites linked to our site, or the Site, is not covered by this Policy. These other sites may send their own cookies or clear GIFs to users, collect data, or solicit personally identifiable information.
5. Third Party Advertising
Advertisements that appear on the Site are sometimes delivered (or “served”) directly to users by third-party advertisers. Such advertisers automatically receive your IP address when this happens. These third-party advertisers may also download cookies to your computer, or use other technologies such as JavaScript and “web beacons” (also known as “1×1 gifs”) to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Wanderung does not have access to or control of the cookies that may be placed by the third-party advertisers. Third party advertisers have no access to your contact information stored on Wanderung unless you choose to share it with them. This Policy covers the use of cookies by Wanderung and does not cover the use of cookies or other tracking technologies by any of its advertisers.
6. Security
Wanderung cannot guarantee the security of any information that is disclosed online.
7. Children Under Age 13
Wanderung does not knowingly collect personal information from children under the age of 13. Children are not permitted to use the Site or services, and Wanderung requests that children under the age of 13 not submit any personal information to the Site. If you are under 13 years of age, then please do not use or access the Site or services at any time or in any manner. Since information regarding children under the age of 13 is not collected, Wanderung does not knowingly distribute personal information regarding children under the age of 13.
8. Children Between the Ages of 13 and 18
We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.
9. Corrections and Updates
If you wish to modify or update any information Wanderung has received, please follow the appropriate instructions on this site.
10. Modifications of the Privacy Policy
Your use of the Site, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. Wanderung reserves the rights to modify this Policy at any time and from time to time, and will notify you by posting an amendment to the Policy, or a new Policy, on the Site. Such modifications will become effective on the day they are posted. Wanderung encourages you to frequently review the Policy for any modifications.
11. Wanderung Mailing Lists
Your use of any Wanderung mailing list is at your own risk. When you send an email message to any Wanderung mailing list, that message will reveal your email address to all subscribers of the mailing list. All information contained in the email message, including personal information, will be revealed to all the subscribers of the mailing list. Wanderung is not responsible for any of the information contained in any email messages sent to any Wanderung mailing lists. Wanderung does not review this information before it is sent, and Wanderung does not control or accept responsibility for the distribution of this information once it has been sent to the list. Wanderung does not control or accept responsibility for the actions of subscribers to any Wanderung mailing list. Wanderung does not control or accept responsibility for direct communications between list subscribers nor their use of any personal information that has been communicated via any Wanderung mailing list. Wanderung encourages responsible and cautious use of all Wanderung mailing lists, especially with respect to personal information. Wanderung strongly recommends that all list subscribers carefully read the Wanderung Waiver, the Wanderung terms of use, and all Wanderung disclaimers before using any Wanderung mailing list. Wanderung encourages all users of the Wanderung service to report to us any abuse of Wanderung’s terms, rules and policies as described on this website.
Effective Date: This Policy is effective as of Friday, February 13, 2009.