TERMS OF USE

 

Note: This Terms of Use was last updated on January 1, 2021

 

This website at https://www.thorsoutdoorscienceacademy.com/ (the “Website”) is made available to you by Colleen Kelly Services as agent and on behalf of Anne Thornton LLC (“Us” or “We”). Please read these terms of use (the “Terms of Use”) carefully before accessing, viewing or using the Website. By accessing, viewing or using the Website, you agree to be bound by all the Terms of Use. If you do not agree to all the Terms of Use, you do not have the right to access, view or use the Website. We may modify the Terms of Use from time to time, in our sole discretion. You are responsible for complying with the most current version of the Terms of Use posted on the Website. Your use of the Website following any modifications will signify your consent and acceptance of such revised Terms of Use.

 

The Terms of Use do not alter the terms and conditions of any agreement you may have with us or our affiliates. Except as expressly set forth otherwise in a signed agreement between you and us, the Terms of Use are the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements between you and us about this Website.

 

USE OF COPYRIGHTED MATERIALS/TRADEMARKS

 

Any materials on the Website, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship are copyrighted materials (i) owned by us (collectively, the “Materials”) or (ii) provided by third party licensors and suppliers to us (collectively, the “Third Party Content”). All rights not expressly granted in and to the Website, the Materials and the Third Party Content are reserved to their respective owners, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree to abide by all copyright notices and trademark, information and other restrictions in connection with the Website, including without limitation any Materials and Third-Party Content therein.

 

The Materials contain trademarks, service marks and trade names which are owned by us and its affiliates. Except as otherwise noted in the Website, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, retransmission, subject to the following conditions:

 

  1. Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.

  2. We reserve the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from us.

 

The Third-Party Content may also contain brand and product names which are trademarks, service marks or trade names of third parties which are the property of their respective owners. Unless you have permission from the owner of the Third Party Content, you agree only to display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, distribute, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. You acknowledge and agree that the Third-Party Content does not reflect the views of us and that we are not responsible for any views, ideas, positions, materials and the like contained in any Third-Party Content.

 

Nothing contained in the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of us, our affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials and Third Party Content on the Website are expressly reserved to us, our affiliates, and/or any third party, as applicable. Without limiting the generality of the foregoing, unless you have the express prior written consent of us or written permission from a third party with respect to such party’s Third Party Content, you may not (i) distribute the Website, or any portion thereof or content (including without limitation Materials and Third Party Content) of any kind included therein, in any medium, (ii) modify the Website, or any portion thereof, (iii) access the Materials and Third Party Content through any technology or means other than those provided on the Website itself, (iv) use the Website, or any portion thereof or content of any kind included therein, in any medium, for any commercial use, or (v) transmit, broadcast, display, sell, license or otherwise exploit the Website (including without limitation Materials and Third Party Content) for any other purpose whatsoever without the prior written consent of the respective owners.

 

HYPERLINKS TO THIS SITE

 

You are granted a limited, nonexclusive right to create a “hypertext” link to the Website provided that such link is to the entry or home page of this Website and does not portray us or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by us at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any of our trademark, logo or trade name or other proprietary information including the Materials found at or on the Website, the content of any text or the layout/design of any page of the Website or any form contained on a page of the Website without the express prior written consent of us in each instance. In addition, you may not use any meta-tags or any other “hidden text” utilizing our affiliate name, trademark, or product name without express written consent from us in each instance.

 

LINKS TO THIRD PARTY WEBSITES

 

The Website may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by us. If you use these links, you may leave the Website. We have not reviewed any of these third party sites and does not control and is not responsible for any of these sites or their content. We do not endorse any opinion, recommendation or advice expressed therein or make any representations about third party sites, their usefulness, safety or intellectual property rights of or relating to such content, or any information or other products, services or materials found there, or any results that may be obtained from using them, and we expressly disclaim any and all liability in connection with such third party sites. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against us in connection therewith. You further understand and acknowledge if you decide to access any of the third party sites linked to the Website, you do so entirely at your own risk.

 

NON-INTERFERENCE

 

You shall not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials and/or Third Party Content or enforce limitations on use of the Website or any such content therein.

 

DISCLAIMER OF WARRANTIES

 

Except as may be expressly set forth otherwise in a written agreement between you and us or an affiliate, we have no special relationship with or fiduciary duty to you. 

 

ALL USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD PARTY CONTENT SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANNE THORNTON LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS AND/OR THIRD PARTY CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR USE OF THE WEBSITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL WE OR ANY AFFILIATE BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE OR ANY CONTENT APPEARING ON THE WEBSITE. IN NO EVENT WILL ANNE THORNTON LLC BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER ANNE THORNTON LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL OUR TOTAL, CUMULATIVE LIABILITY FOR DAMAGES UNDER THE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

PRESS RELEASES

 

The information contained within press releases issued by us and our affiliates should not be deemed accurate or current except as of the date the release was posted. We and our affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.

 

COPYRIGHT INFRINGEMENT POLICY

 

We do not knowingly permit copyright infringing activities on the Website. If a person is a copyright owner or an agent of the owner and believes that any content posted on the Website infringes upon another’s copyrights, such person may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us copyright agent indicated below with the following information in writing (see 17 U.S.C. 512I(3) for further detail):

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 

  • Identification of the material that is claimed to be infringing or to be the subject of 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;

 

  • Information reasonably sufficient to permit us to contact the reporting person, such as an address, telephone number, and, if available, an electronic mail;

 

  • A statement that the reporting person 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

 

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the reporting person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

The designated copyright agent (“Copyright Agent”) to receive such notifications of claimed infringement is: arc@carusocounsel.com.  We will review and address notices that comply with the above requirements. We recommend that you consult your legal advisor before filing such a notice or any counter-notice under the DMCA.  Please be advised that other notices and any other feedback, comments, requests for technical support, and other communications in connection with the Website should be directed to our customer service through Thor@ThorsOutdoorScienceAcademy.com.

 

INDEMNITY

 

You agree to defend, indemnify and hold harmless us and our affiliates, officers, directors, owners, operators, employees, licensors and agents, from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from, related to or in connection with: (i) your use of and access to the Website, including without limitation any Materials contained herein; (ii) your violation of any of these Terms of Use; and/or (iii) your violation of any third party right, including without limitation any Third Party Content or any other third party copyright, property, or privacy right in connection with your use of or access to the Website.

 

GENERAL PROVISIONS

 

Enforcement of the Terms of Use will be governed by New Jersey law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to the Terms of Use or your use of the Website will lie in the state or federal courts located in New Jersey and you irrevocably agree to submit to the jurisdiction of such courts. The failure of us to enforce any right or provision in the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

 

Website Accessibility

 

We strive to improve the usability and accessibility of its website and mobile application for all users, including those with disabilities. Our efforts to improve digital usability and accessibility are guided by web content accessibility guidelines and other existing recommendations. Our efforts are ongoing and are tested on a periodic basis using various forms of assistive technology. To make our website easier to use, we regularly respond to feedback from audits conducted by a nationally recognized vendor, whose testers include individuals with disabilities who are regular users of assistive technology. If you are a user with a disability, or an individual assisting a user with a disability, and have difficulty accessing or navigating our content on https://www.thorsoutdoorscienceacademy.com/, please contact us at Info@ThorsOutdoorScienceAcademy.com. In your message, please use “Disabled Access” in the subject line and provide your contact information, the web address or other location where you experienced difficulty, and a brief description of the problem you encountered, including the type of assistive technology you were using when you experienced difficulty. 




 

CONTACT US


If you have any questions regarding the Website, please contact us by sending an email to Info@ThorsOutdoorScienceAcademy.com   or via mail to Thor’s Outdoor Science Academy, c/o MSI, 1109B Route 31 South, Lebanon, NJ 08833 (USA).