The legal terms and conditions stated apply to web pages (htm, html, php, asp, etc), forums, discussion groups, chat groups, bulletin boards and any other interactive areas of YourHikes. Use of, access to, or participation in any of these or any other interactive areas of YourHikes constitutes acceptance of these legal terms and conditions. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by N2 Ventures, Inc. The corporation cannot and does not screen all content provided by forum users of YourHikes. Notwithstanding the foregoing, N2 Ventures, Inc. reserves the right to monitor content on YourHikes and to remove content which N2Ventures, Inc. in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these policies of operation. In order to maintain an informative and valuable service that meets the needs of the users of YourHikes and to avoid the harm that can result from the dissemination of statements that are false, malicious, violate of the rights of others, or otherwise harmful, the following rules are hereby enacted to protect against abuse:
1.0. Site Restrictions: While using YourHikes you may not;
a. transmit any email message anonymously or under a false name;
b. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. It is not the corporations intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views or opinions;N2 Ventures, Inc. does, however, reserve the right to take such action as it deems appropriate in instances where YourHikes is used to disseminate statements which are deeply and widely offensive and/or harmful in nature;
c. post or transmit any message which discloses private or personal matters concerning any person;
d. post or transmit any information, file or software that contains a virus, cancelbolt, worm, Trojan Horse or any other contaminating or destructive features;
e. post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;
f. post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes;
g. advertise or offer to sell any goods or services for any commercial purpose, with the exception of members termed experts or travel providers;
h. post, list or transmit articles, which are off topic according to the description of the group affected;
i. conduct, display, or forward surveys, contests, pyramid schemes, “spam” or chain letters;
j. impersonate, or otherwise misrepresent your affiliation with, any other person or entity;
k. falsify or delete any attributions, legends or other proprietary designations of the origin or source of software or other Content appearing on the Web-site or contained in a file that is uploaded;
l. harm minors;
m. stalk or harass another individual;
n. collect or store personal data about other members; or violate any applicable local, state, federal, or international law or regulation.
1.1. Trademarks: YourHikes is a service mark of N2 Ventures, Inc. You agree not to display or use in any manner any marks of YourHikes without the corporation’s prior permission. Third party trademarks, service marks, logos and trade names appearing on the Web-site are the property of their respective owners. For details on service marks available for use click to our frequently asked questions page.
1.2. Privacy: Your privacy is important to YourHikes. All information gathered from you in connection with your use of the website will be governed by the provisions of the privacy statement.
1.3. Links to Third Party Sites: The links at YourHikes will allow other sites to be accessed via the Internet. These linked sites are not under the control of N2 Ventures, Inc.and the corporation is not responsible for the contents of any linked site. N2 Ventures, Inc. provides links only as a convenience, and such inclusion of any link does not imply endorsement by N2 Ventures, Inc. of the third party site.
II. Site Disclaimer
YOU AGREE THAT YOUR USE OF THIS SERVICE AT YourHikes IS AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH ELECTRONIC INFORMATION. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA PROVIDED FROM N2 VENTURES, INC.
YourHikes IS PROVIDED TO YOU *AS IS,* *WITH ALL FAULTS,* AND *AS AVAILABLE.* N2 VENTURES, INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE. NOR DO THEY GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE.
UNDER NO CIRCUMSTANCES SHALL N2 VENTURES, INC. OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF YourHikes, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF THE CORPORATION IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. FOR WEBSITE VISITORS IN STATES WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN SUCH STATES, THE LIABILITY OF N2 VENTURES, INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF N2 VENTURES, INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE FOR THE USE OF THE SERVICE.
2.1. Waiver, Release and Limitation of Liability: YOU AGREE THAT NEITHER N2 VENTURES, INC. NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO
- (A) YOUR USE OR INABILITY TO USE THE WEBSITE,
- (B) YOUR RELIANCE ON CONTENT OF THE WEBSITE, AND
- (C) ANY GOODS, SERVICES OR OTHER WEBSITES ADVERTISED AT YourHikes,
EVEN IF N2 VENTURES, INC. OR SUCH RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST N2 VENTURES, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO SOME OF THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO YOU.
2.2. Indemnification: You agree to indemnify, defend and hold harmless N2 Ventures, Inc. its officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, content providers and suppliers from any and all third party claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorney’s fees) arising from your failure to comply with these terms and conditions; your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, Content provided by you or from your violation of any applicable law.
2.3 Applicable Law: These terms and conditions shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflict of laws provisions.
The entire contents of YourHikes are copyrighted under the United States copyright laws.N2 Ventures, Inc. is the exclusive owner of the copyright. You may print and download portions of the materials solely for your non-commercial use. Any other copying, redistribution, publication or retransmission of any portion of YourHikes material is strictly prohibited without the express written permission of N2 Ventures, Inc. or any third party information provider to YourHikes. You agree not to change or delete any proprietary notices from any materials downloaded from YourHikes. You further agree to grant to N2 Ventures, Inc. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, transmit, distribute, create any derivative works of, publicly use or display any materials or other information (including, but not limited to, ideas, concepts or techniques for new or improved services and products) you publish to YourHikes by any means or by any media now known or hereafter developed. You further agree that any such communication you make to YourHikes (whether information, feedback, data, questions, comments, suggestions or the like) shall be deemed not to be confidential. By your acceptance of this User Agreement you also grant to N2 Ventures, Inc. the right to use your name in connection with the submitted materials and other information as well as in connection with any and all advertising, marketing and promotional material related thereto. You further agree and acknowledge that you shall have no recourse against N2 Ventures, Inc. for any alleged or actual infringement or misappropriation of any proprietary right in your publications or communications to us.
IV. Points Program
The points program at YourHikes is administered by N2 Ventures, Inc. and the member agrees to the following terms as part of this User Agreement:
4.1. Acknowledgment & Acceptance
Members at YourHikes earn points for contributing to the website, and these points are redeemable for a variety of outdoor products and services. Visitors at the site are not required to become members to browse and use YourHikes, but they are not eligible to earn points. Click to our vendors page for a complete list of our participating partners and their current rewards and redemption rates.
N2 Ventures, Inc. reserves the right to send members a quarterly newsletter and notice of new partner promotions. Members can elect to stop receiving this email through an opt-out option in their user account. Administrative notices may also be made from time to time and members cannot unsubscribe from these while enrolled at YourHikes.
N2 Ventures, Inc. is under no obligation to provide Members with any particular number of point-earning opportunities.
N2 Ventures, Inc. reserves the right to limit member enrollment at any time.
N2 Ventures, Inc. promises to maintain the privacy of members’ personal information. The full extent of our commitment can be found by visiting privacy statement.
4.2. Terms of Participation
1. Only individuals 18 years or older that reside in the U.S., U.S. Territories, Australia, Canada, United Kingdom, and South Africa may enroll at YourHikes and earn points as a member. However, enlisted individuals serving with the U.S. Military are permitted to participate.
2. Corporations or other business entities are not eligible to become members.
3. Membership and its right to use is limited to a single individual.
4. N2 Ventures, Inc. allows only one email address per member.
5. Each member agrees to provide only true and accurate information at YourHikes (including to its advertisers and partners) at all times.
6. The member agrees to comply with the terms of all YourHikes advertiser and partner offers, promotions, and programs at all times.
7. The member agrees not to abuse YourHikes privileges by conduct which is detrimental to the interests of N2 Ventures, Inc., including without limitation attempting to accrue points or spend points in a manner inconsistent with the rules of N2 Ventures, Inc. or intent of this User Agreement. These activities, for example, are forbidden:
- a. having multiple accounts
- b. earning points through non-legitimate channels
- c. tampering with award links, vendor programs, etc.
N2 Ventures, Inc. reserves the right to terminate or disable, at our sole discretion, any YourHikes membership if a member has violated or acted inconsistently with the rules of this User Agreement. The member understands and agrees that disabling of membership will result in the member’s inability to redeem and/or earn points. The member understands and agrees that the termination of membership will result in the cancellation of all of the member’s points.
N2 Ventures, Inc. shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of points) shall be final and binding.
N2 Ventures, Inc. reserves the right to adjust the member’s point balance for any content that is deemed of little use or value to a visitor at YourHikes. The following also applies as part of this points program:
a. Points may be spent only on rewards as offered through YourHikes at the time of redemption.
b. Points have no cash value.
c. N2 Ventures, Inc. is not responsible for lost or stolen rewards once issued.
d. Member rewards are subject to change at any time without notice.
e. The number of points required to redeem for a reward are subject to change at any time without notice.
f. Member inquiries regarding rewards ordered and not received must be received by N2 Ventures, Inc. within 6 months after the initial redemption date. Thereafter, N2 Ventures, Inc. will have no obligation to re-send rewards to the member.
g. Points will be subtracted from the member’s account once the reward is shipped or redeemed.
h. After a reward is claimed, no points will be reinstated to a member’s account.
i. The member agrees to confirm that all the information in the member’s profile is up-to-date and accurate when points are redeemed for an award
j. The member agrees to promptly notify N2 Ventures, Inc. of any change in the member’s address (mail or email) or personal profile by updating his or her personal information at the login page at YourHikes.
k. A member’s discontinued participation at YourHikes or failure to notify N2 Ventures, Inc. of any address (mail or email) or profile changes may result in the termination of the member’s membership and forfeiture of a member’s unredeemed points.
l. N2 Ventures, Inc. reserves the right to cancel or disable accounts and expire unredeemed points in those accounts that are inactive for a period of 12 consecutive months. Inactive shall be defined as lack of one of the following: website login, new hike entry, new trip report entry, profile update or any point earning or redemption transaction.
m. N2 Ventures, Inc. reserves the right to limit the opportunities to earn points available to a member while the member remains inactive.
The member shall comply with all laws, rules, and regulations that are applicable to a member. The member acknowledges that a member may only participate at YourHikes if and to the extent that such participation is permitted by such laws, rules, and regulations. N2 Ventures, Inc. refuses to enroll a member, or to restrict, modify, or terminate a member’s participation in YourHikes, without liability to a member or any other party, if the member violates any law, rule, or regulation, or if the member’s participation at YourHikes could violate any law, rule, or regulation.
AT ANY TIME EITHER MEMBER OR N2 VENTURES, INC. MAY TERMINATE MEMBER’S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER’S RIGHT TO USE MEMBER’S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION AND MEMBER’S UNREDEEMED POINTS SHALL BE CANCELLED.
A member’s termination of membership is effective when a member submits a termination request through the YourHikes website via a cancel my account request found at the member services tab. All termination of a member account is done via email. A member understands that, in some cases, the member may still receive messages (which may have been scheduled prior to member’s termination) after termination. The member may not earn points after termination.
Should the member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with YourHikes, the member’s only recourse is to immediately discontinue participation in YourHikes and properly terminate his or her membership. (See paragraph above.)
N2 Ventures, Inc. reserves the right to terminate the membership of any member who appears to be using YourHikes in a manner inconsistent with this User Agreement, the intent of this Agreement, or any rules stated by N2 Ventures, Inc.
The member’s right to use YourHikes is non-transferable.
Points are non-transferable and are void if transferred.
The member’s membership will terminate immediately in the event of the member’s death.
Points and/or rewards may not be bartered or sold.
N2 Ventures, Inc. accounts and points are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
4.5 Proprietary Rights to Content
The member acknowledges that YourHikes content (including but not limited to text, sound, photographs, graphics, or other material contained in any N2 Ventures, Inc. communication, advertisements, or messages, whether by N2 Ventures, Inc. or YourHikes advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, the member is only permitted to use content, service, or software as expressly authorized N2 Ventures, Inc., its advertisers and partners, as the case may be.
The member agrees not to forward any N2 Ventures, Inc. offers or promotions to others without first obtaining the express written permission of N2 Ventures, Inc.; N2 Ventures, Inc. offers are specific to the member’s membership unless otherwise stated.
N2 Ventures, Inc. reserves the right to change this User Agreement, and/or any part thereof, at any time. The member understands that the most recent version of this User Agreement will be located on the YourHikes website at this link.
A member’s non-termination or continued use of YourHikes constitutes an affirmative acknowledgment by the member of any modification to the member User Agreement and consent to abide and be bound by any terms thereof. At any time, if a member does not agree with the User Agreement, the member may terminate their membership.
N2 Ventures, Inc. reserves the right to modify or discontinue the points program with or without notice to Member.
N2 Ventures, Inc. shall not be liable to a member or any third party should N2 Ventures, Inc. exercise its right to modify or discontinue the points program.
All notices given by N2 Ventures, Inc. to you will be given by email, regular mail or by general posting on the YourHikes website.