Terms and Conditions

About Using This Website

• By using this website you are accepting all the terms of this disclaimer notice.  If you do not agree with anything in this notice you should not use this website and should consider any expressed or implied invitation to view the contents of this site as revoked in its entirety.

Disclaimer

• This website has been created as a promotional tool for AdventureSmith, Inc. (“AdventureSmith), the design of which allows content, media, and photos to be added by AdventureSmith staff, its assignees, registered site members, and anonymous guests to the site.  While AdventureSmith and designated administrators make an effort to ensure that the content of this website is accurate, the website is provided “as is” and AdventureSmith makes no representations or warranties in relation to the accuracy or completeness of the information found on it.  We do not warrant that the information will be kept up to date, be true and not misleading, or that this site will always (or ever) be available for use.
• The use of this website or contents from this website shall constitute user’s acceptance of the content of this website on an “as is,””where is,” and “with all faults and defects,” basis regardless of how such faults and defects were caused or created (by the negligence, actions, omissions or fault of the creators, contributors or any party which otherwise has made this website available to the public domain), and acknowledges that without this acceptance, the use and/or viewing of this site is not otherwise authorized and the maker shall not be under any obligation whatsoever to undertake any improvement, repair, modification, alteration, remediation, or other work of any kind with respect to any of the content therein except as required by state or federal authorities pursuant to state and federal statutes and regulations respectively.
• The use of this website or contents from this website shall constitute user’s  acceptance of the content of this website on an “as is,””where is,” and “with all faults and defects,” basis regardless of how such faults and defects were caused or created (by the negligence, actions, omissions or fault of the creators, contributors or any party which otherwise has made this website available to the public domain), and acknowledges that without this acceptance, the use and/or viewing of this site is not otherwise authorized and the maker shall not be under any obligation whatsoever to undertake any improvement, repair, modification, alteration, remediation, or other work of any kind with respect to any of the content therein except as required by state or federal authorities pursuant to state and federal statutes and regulations respectively.
• As we do not maintain our own servers, we cannot not warrant that the servers that make this website available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats.  We recommend scanning or backing up any files including but not limited to photos, video, PDFs, word-processing documents, or form-based content before uploading to the site.
• Activities at height, including but not limited to ropes courses, challenge courses, zip lines, canopy tours, aerial trekking courses, hebertism courses, rappelling, technical rescue, construction, and overhead work operations are dangerous and may lead to severe injury or even death.  
• Further, nothing on this website or partner sites created by AdventureSmith, Inc. and linked to or from this site constitutes, either expressly or impliedly, professional advice or a formal recommendation.  We expressly disclaim any and all representations and warranties relating to the content and use of this site.
• In no event will AdventureSmith, Inc. be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from information leading to the participation in a listed activity and resulting in illness, bodily harm, psychological trauma, emotional distress, or embarrassment; loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this website or any linked websites.
• In choosing to use this site, you agree not to:

1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. you do not have a right to make available (such as information that is copyrighted, proprietary, trademarked, patented, or confidential);
3. is fraudulent, untrue, or intended to mislead other users of the site;
4. contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
5. could be classified as “spam” or “junk mail” including but not limited to unsolicited or unauthorized advertising, promotional materials for unrelated topics other than those specified on the site, and “chain letters”
6. Impersonate any person or entity, including, but not limited to, an AdventureSmith, Inc. employee, site moderator, other registered member, tour operator, builder, regulator, or official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
7. “Stalk” or otherwise harass another member of the site

• AdventureSmith, Inc. reserves the right to remove any content posted to the site and to limit, suspend, or revoke the privileges of membership and/or participation in the site to any user or IP address at any time for any reason. This right shall not constitute a duty to remove, limit, suspend, or revoke privileges of a user should an infraction occur.

Exceptions

• Nothing in this disclaimer notice excludes or limits any warranty implied by law for death, fraud, personal injury through negligence, or anything else which it would not be lawful for AdventureSmith, Inc. to exclude.

Licence to Use This Website

• By using this website or contents from this website, you agree to the exclusions and limitations of liability stated above and accept them as reasonable.  Do not use this website or contents of this website if you do not agree that they are reasonable.
• If any of the points in this disclaimer notice are found to be unenforceable under applicable law that will have no bearing on the enforceability of the rest of the disclaimer notice.
• Logos, designs, documents, and content integrated in to the site template are protected by copyright law and are copyright to AdventureSmith, Inc. unless credited otherwise. Such materials may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal, non-commercial use.  Prior written consent of the copyright holder must be obtained for any other use of material.
• Copyright of all images, video, content, and media on this site remains with the artist or copyright owner at all times.  In uploading material to the site to share with the community, the copyright holder provides license to AdventureSmith, Inc. to use any and all materials, including but not limited to videos, photos, content, comments, or postings in print or electronic format for commercial purposes.
• No part of this site may be distributed or copied for any commercial purpose or financial gain without prior written consent from AdventureSmith, Inc.
• All intellectual property rights in relation to this website are reserved and owned by AdventureSmith, Inc.

Links to Other websites and Products

• Links to other websites are provided for the convenience of users.  We are unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites.  A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites.

Comments, Postings, Blogs, and Directory Listings

• Sections of this website are designed as a community forum.  The views expressed by individuals or organizations on this site do not necessarily reflect the views points of AdventureSmith, Inc., it’s agents or assignees.  Should comments, postings, or media be found that are in poor taste, false, or slanderous, they should be reported to msmith@adventuresmithinc.com immediately.  Links have been inserted throughout the site to assist in the flagging and removal of material that does not meet the license to use this site.
• Commenting utilities have been inserted throughout the site to provide an opportunity for community members to present their opinions.  Should an individual or user disagree with the facts presented by the commenter, they should report the comment to msmith@adventuresmithinc.com.  Individuals and organizations will be provided the opportunity to add a reply to the comment.  For replies to be accepted, they must meet the following guidelines:

1. Specify the post through URL, date, time, and user with which they disagree.
2. Provide rebuttal to the facts presented in the original comment. Replies challenging the opinions of other users will not be accepted.
3. Comments should be kept to 250 words or less.

Indemnification and Hold Harmless

• To the fullest extent permitted by law, user agrees to indemnify, defend and hold harmless AdventureSmith, Inc. and its affiliated and related entities, and their officers, directors, and employees from and against any and all losses, liabilities, claims, strict liability claims, lawsuits, fines, penalties, judgments, expenses (including, but not limited to, reasonable attorneys’ fees), environmental abatement, investigation, remediation and cleanup costs, and damages in connection with personal injuries, death, or damage to property or the environment arising from, in any way, the use of this website, AdventureSmith, Inc. services, or  whitepapers, presentations, and documents sold or otherwise offered free of charge to the public, regardless of whether such injuries/death/damage are caused by or arise from  user’s own  or third parties’ negligence, actions or omissions relating to the operation, condition or contents of this site, discussions with AdventureSmith, Inc. personnel or assigns, whitepapers, presentations, or other work product.

Law and Jurisdiction

• Any and all disputes, controversies, or claims arising out of or in connection with or relating to AdventureSmith, Inc. and any claim that AdventureSmith, Inc. violated any state or federal statutes, common law doctrine, or committed any tort shall, on the request of either party, be submitted to and settled by arbitration in the State of Michigan, County of Oakland, pursuant to the rules, then in effect, of the American Arbitration Association. The laws of the State of Michigan shall govern any such dispute.  This Agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed, in writing, with the other party to this Agreement within a reasonable time after the claim, dispute, or other matter in question arose where the party asserting the claim should reasonably have been aware of it, but in no event later than the applicable Michigan statute of limitations.  Cost of arbitration shall be shared equally by the parties, provided that each party shall pay for and bear the cost of his or her own experts, evidence, and attorney fees.  Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction to do so.  Participant further agrees that any action against AdventureSmith, Inc. arising out of use of the services provided by AdventureSmith, Inc., including its website, including, but not limited to, claims arising under State or Federal statutes, must be brought within 180 days of the event giving rise to the claims or be forever barred.  Participant waives any limitation periods to the contrary.  Participant further agrees that if it should bring any action or claim arising against AdventureSmith, Inc. in which AdventureSmith, Inc. prevails, Participant, or his/her Guardian if a minor, will pay to AdventureSmith, Inc. any and all such costs incurred by it in defense of said claims or actions, including attorneys fees.

Variations

• We reserve the right to revise and amend this disclaimer notice from time to time and any revised version will be deemed to be applicable from the first date of publication on this website.