Outdoor Payment Solutions
EFFECTIVE: March 30, 2020
By accessing the OUTDOOR PAYMENT SOLUTIONS website (“Website”), you agree to be bound by the terms and conditions set forth below. These terms and conditions are subject to change without notice. These terms and conditions constitute the entire agreement between you and OUTDOOR PAYMENT SOLUTIONS, and govern your use of the Website. If you do not agree to these terms and conditions, do not access the Website.
In addition, please review our Privacy Notice and Policy, which explains OUTDOOR PAYMENT SOLUTION’Scollection and use of Personally Identifiable Information.
PERMISSION TO USE; LIMITATIONS; TERMINATION.
OUTDOOR PAYMENT SOLUTIONS hereby grants User a limited, non-exclusive and revocable permission to use the Services subject to the terms and conditions of this Agreement. Use of certain pages, sections, portions, or components (collectively “Pages”) of the Services may be subject to additional terms relating to privacy of personal information or other matters as may be provided in a separate warning, notice, policy, or agreement (collectively “agreements”). All such additional agreements are hereby incorporated into this Agreement. To the extent that such additional agreements provide for additional restrictions on your use of the Services or additional limitations of liability, such restrictions or additional limitations of liability shall be in addition to those provided under this Agreement. Your access to certain content or Pages may be restricted in which event use of such content or Pages is prohibited unless specific permission to access such content or Pages is explicitly granted by OUTDOOR PAYMENT SOLUTIONS. The Services may be used only for personal non-commercial informational purposes only, and you may not use the Services for any purpose that is unlawful or prohibited by this Agreement. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other person’s use and enjoyment of the Services. The Services are intended to be used by residents of the United States and its territories only. You agree to be bound by and to comply with this Agreement as it may be modified from time to time as set forth in this Agreement. You also agree to be bound by and to comply with all applicable government laws and regulations pertaining to your use of the Services and its contents. OUTDOOR PAYMENT SOLUTIONS may cancel your permission to use all or any part of the Services at any time for any reason in the sole discretion of OUTDOOR PAYMENT SOLUTIONS. Your permission to use the Services shall automatically terminate in the event that you violate this Agreement. All provisions of this Agreement other than the permission to use the Services shall survive termination.
MODIFICATIONS TO THE SERVICES; LIMITATION OF AVAILABILITY.
At any time and for any reason in our sole discretion, we may modify or discontinue any aspect or feature of the Services, including content, pages, social media, functionality, hours of availability, pricing, registration requirements, the domain name addresses through which the Services are accessible, or the equipment needed for the use of the Services. The availability of the Services are subject to periodic downtime for maintenance and repairs and are subject to interruption due to causes beyond our reasonable control, including computer viruses, failure of telecommunication links, or failure of Internet infrastructure. You acknowledge and agree that we shall not be responsible for any interruptions of the availability of the Services.
PROPRIETARY RIGHTS; RESTRICTIONS.
You acknowledge and agree that the Services’ content, design, code, underlying technology and related items are proprietary to OUTDOOR PAYMENT SOLUTIONS (or our licensors and vendors if applicable) and protected by U.S. and international copyright laws, trade secret laws, trademark laws and other laws. The posting of content on the Services by OUTDOOR PAYMENT SOLUTIONS or our subsidiaries and affiliates does not constitute a waiver of any right in such content. This Agreement does not provide you with any right or interest in our proprietary rights related to the Services or otherwise, and all such rights shall continue to be owned by OUTDOOR PAYMENT SOLUTIONS (or our licensors or vendors if applicable). Except to the extent express written permission is given to you by OUTDOOR PAYMENT SOLUTIONS, you shall not copy, reproduce or otherwise duplicate the Services or their content, in whole or in part, or access or attempt to access any of our systems, programs, data, code, underlying technology, or content that is not made available for public use, or use any content on the Services other than for their intended purpose. Permission is hereby given to you to view, print or download information on the Services that is made available by OUTDOOR PAYMENT SOLUTIONS for public viewing, printing or downloading, for your own personal, non-commercial, informational use and not for republication, distribution, sale, transfer, preparation of derivative works or other use. Placing links to our websites on other sites is prohibited absent OUTDOOR PAYMENT SOLUTIONS’ permission. Data mining, harvesting or similar collection of email addresses or other information on the Services is prohibited. The trademarks appearing on the Services are trademarks of OUTDOOR PAYMENT SOLUTIONS or others and may not be used without the express written permission of OUTDOOR PAYMENT SOLUTIONS or their respective owners. If you believe that any content or other aspects of the Services infringe upon your rights or the rights of others, you should provide notice to us at the following address: OUTDOOR PAYMENT SOLUTIONS [Outdoor Payment Solutions, C/O Jon Rydberg, PO Box 701059 PMB 45899 Louisville, Kentucky 40270-1059needed], in which event we may elect to investigate the matter further.
EXCLUSIVE REMEDY; TYPOGRAPHICAL ERRORS.
In the event that you are dissatisfied with any aspect of the Services, your sole remedy shall be to discontinue use of the Services. The content of the Services may contain errors, omissions or typographical errors. OUTDOOR PAYMENT SOLUTIONS shall not be liable for any such errors. In the event that a product, service, or price is listed incorrectly due to an inaccuracy, typographical error, or error in pricing information, OUTDOOR PAYMENT SOLUTIONS shall not be liable to you for any claim whatsoever arising from the inaccuracy. The websites of the subsidiaries and corporate affiliates of OUTDOOR PAYMENT SOLUTIONS may also contain additional terms and conditions that apply to the products or services offered through those websites.
DISCLAIMER OF WARRANTIES.
Although we strive to provide high-quality content on the Services, we do not guarantee or warrant the accuracy, completeness, suitability, availability, or timeliness of anything posted on the Services. The Services should not be relied upon for personal, medical, legal, or financial information or decisions, and you should consult an appropriate professional for specific advice tailored to your situation. THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE”. WITH ALL FAULTS, AND OUTDOOR PAYMENT SOLUTIONS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES RELATING TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE, WARRANTIES AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BY WAY OF ILLUSTRATION WITHOUT LIMITATION, OUTDOOR PAYMENT SOLUTIONS DOES NOT WARRANT THAT THE SERVICES WILL FULFILL ANY USER’S PARTICULAR REQUIREMENTS, THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION OBTAINED THROUGH THE SERVICES IS ACCURATE. OUTDOOR PAYMENT SOLUTIONS DOES NOT MAKE ANY WARRANTY REGARDING INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD-PARTY VENDOR.
COMMENTS OR OPINIONS EXPRESSED ON THE SERVICES ARE THOSE OF THE RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE SERVICES AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF OUTDOOR PAYMENT SOLUTIONS.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SERVICES ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE SERIVCES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
DISCLAIMER OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER OUTDOOR PAYMENT SOLUTIONS NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTNERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER AGENTS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY TO ANY USER OR ITS PRINCIPALS OR AGENTS FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, TORT, COMMON LAW OR ANY OTHER THEORY OF LIABILITY, STATUTE OR REGULATION. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT OUTDOOR PAYMENT SOLUTIONS IS PROVIDING ACCESS TO THE SERVICES IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT, AND FURTHER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS ARE REASONABLE. IN NO EVENT SHALL OUTDOOR PAYMENT SOLUTIONS’ LIABILITY TO USER EXCEED THE FEES ACTUALLY PAID BY USER FOR USE OF THE SERVICES.
CHOICE OF LAW AND FORUM; ATTORNEYS’ FEES; INDEMNIFICATION.
This Agreement shall be governed exclusively by its terms and by the laws of the state of Connecticut as applied to contracts entered into in Connecticut without regard to the state’s rules concerning choice of law. You hereby expressly consent and agree to exclusive jurisdiction and venue in Hartford County, Connecticut with respect to any litigation arising out of or relating to this Agreement, provided that we may bring an action to enforce our rights in any forum having jurisdiction. In the event we are required to incur any attorneys’ fees, costs or other expenses in connection with enforcing or defending our rights under this Agreement, you shall reimburse us for such attorneys’ fees, costs and expenses. User agrees to indemnify OUTDOOR PAYMENT SOLUTIONS against any and all claims, actions, costs and expenses, including attorneys’ fees, arising from the User’s use of the Services or breach of this Agreement.
In the event that any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the court or other adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly. This Agreement shall control over any conflicting documents or information, including information on the Services. We may modify the terms of this Agreement from time to time by posting changes to this Agreement on www.outdoorpaymentsolutions.com. No provision of this Agreement may be amended, modified or waived except as provided in the foregoing sentence. You agree to review this Agreement from time to time and comply with any changes. Any use of the Services after our posting of any such changes shall constitute your acceptance of this Agreement as modified. The terms of this Agreement constitute the mutual agreement of the parties and shall be construed neutrally and not for or against either party. Any rights not expressly granted to User in this Agreement are reserved by OUTDOOR PAYMENT SOLUTIONS.