Terms of Use

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Hang Outdoors® relationship with you in regards to this website. The term ‘us’ or ‘we’ refers to Hang Outdoors®. The term ‘you’ or your refers to the user or viewer of our website. The use of this website is subject to the following terms of use:

1. USE OF
The content of the pages of this website is for your general information and use only. It is subject to change without notice.

2. ASSUMPTION OF RISK; RELEASE
You knowingly and freely assume all risk when using the website and services. You, on behalf of yourself, and your personal representatives, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Hang Outdoors® and its officers, directors, employees, agents, affiliates, representatives, sub-licensees, successors, and assigns (collectively, the "Hang Outdoors® parties") from any and all claims, actions or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy or other damages or harm, whether to you or to third parties, which may result from your use of the website and services.

3. USER INFORMATION; PASSWORD PROTECTION
In connection with your use of the Services, You have the opportunity to complete a registration form and become a member of the website. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the Website and Services will be current, complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile.

You may also be asked to provide a user name and password in connection with your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name, or password of any other member at any time. You agree to notify Hang Outdoors® immediately of any unauthorized use of our account, user name, or password. Hang Outdoors® shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Hang Outdoors® , its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

4. YOUR INTERACTIONS WITH OTHER MEMBERS
You are solely responsible for your interactions with other Hang Outdoors® members. You acknowledge and understand that Hang Outdoors® has not, and does not, in any way: (a) screen its members; (b) inquire into the backgrounds of its members; or (c) review or verify the statements of its members. You hereby agree to exercise reasonable precaution in all interactions with other members, particularly if you decide to meet another member in person. Hang Outdoors® does not represent, warrant, endorse or guarantee the conduct of its members. In no event shall Hang Outdoors® be liable for indirect, special, incidental, or consequential damages arising out of or relating to any member's conduct in connection with such member's use of the services, including, without limitation, bodily injury, property damage, wrongful death, emotional distress, loss of privacy or any other damages resulting from communications or meetings between members.

5. FORUM, GROUPS AND BLOG CONTROL; MEMBER DISPUTES
Hang Outdoors® does not control the Forums, Groups or Blogs made available by means of the Website and Services. You should contact the Forum, Group or Blog owner directly with any complaint, grievance or problem. Hang Outdoors® reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between Website members. You agree to hold Hang Outdoors® harmless in connection with any dispute or claim you make against any other member.

6. RELIANCE ON THIRD-PARTY CONTENT
Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. Hang Outdoors® does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information on the website; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of the website and services. Under no circumstances will Hang Outdoors® be responsible for any loss or damage resulting from your reliance on information or other content posted on the website or transmitted to or by any third-party.

7. CONSENT TO RECEIVE EMAIL FROM HANG OUTDOORS®
By registering with the Website, you thereby consent to receive periodic email communications regarding the Services, new product offers, promotions and other matters.

8. CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM MEMBERS
By registering with the Website, your thereby consent to receive electronic communications, including email and personal messages from other Website members.

9. DISCLAIMERS; LIMITATION OF LIABILITY
The liability of Hang Outdoors® and its licensors and suppliers is limited. To the maximum extent permitted by law, in no event shall Hang Outdoors® or its licensors or suppliers be liable for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to hang outdoors® or its licensors and suppliers arising out of or in connection with your use of the website or services. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. The website and services would not be provided without such limitations.

The above disclaimers, waivers and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Hang Outdoors® or between you and any of Hang Outdoors® ' licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers and limitations of liability may not apply to you. Unless limited or modified by applicable law, the foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. Hang Outdoors® ' licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers and limitations. No advice or information, whether oral or written, obtained by you through the website or otherwise shall alter any of the disclaimers or limitations stated in this section.

Hang Outdoors®, on behalf of itself and its licensors and suppliers, hereby disclaims all warranties. The website and services are provided "as is" and "as available." to the maximum extent permitted by law, Hang Outdoors® , on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the website, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither Hang Outdoors® nor its licensors or suppliers warrants that the website or the services will meet your requirements, that the operation of the website or the services will be uninterrupted or error-free. Neither Hang Outdoors® nor its licensors or suppliers has any liability whatsoever for your use of the website or services.

10. YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
You agree that your use of the website and services is at your sole risk. You will not hold Hang Outdoors® or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to or use of the website, including without limitation any loss or damage to any of your computers or data.

11. TRADEMARKS
Hang Outdoors®, Hang Outdoors®.com and the "Hang Outdoors® logo" (collectively, the "Hang Outdoors® Marks") are trademarks or registered trademarks of Hang Outdoors® Inc. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither your use of the Website and Services nor this Agreement grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the Hang Outdoors® Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Hang Outdoors® Marks generated as a result of your use of the Website and Services will inure to the benefit of Hang Outdoors®, and you agree to assign, and hereby do assign, all such goodwill to Hang Outdoors® Inc. You shall not at any time, nor shall you assist others to, challenge Hang Outdoors® Inc., right, title, or interest in or to, or the validity of, the Hang Outdoors® Marks.

12. COPYRIGHTED MATERIALS
All content and other materials available through the Website and Services, including without limitation the Hang Outdoors® logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Hang Outdoors® Inc., or are the property of Hang Outdoors® ' licensors and suppliers. Except as explicitly provided, neither your use of the Website and Services nor this Agreement grant you any right, title or interest in or to any such materials.

13. INTELLECTUAL PROPERTY
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any laws and for any infringements of third-party rights caused by your use of the website and services. Your bear the sole burden of proving that content, information or other materials do not violate any laws or third-party rights.

14. COMPLIANCE WITH LAW
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any laws and for any infringements of third-party rights caused by your use of the website and services. Your bear the sole burden of proving that content, information or other materials do not violate any laws or third-party rights.

15. OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that Hang Outdoors® believes to be inappropriate for use in connection with the Website and Services. The following guidelines are intended to help you understand the types of content that Hang Outdoors® believes to be inappropriate. Keep in mind that the Guidelines are intended as guidelines, and not as an exhaustive list of content that Hang Outdoors® finds inappropriate. Hang Outdoors® reserves the right, in its sole discretion, to reject any content for any reason.
 
Prohibited Content Includes:
  • Infringes the rights, including without limitation the copyright, patent, trademark, trade secret or other proprietary rights, of any third party, or violates any agreement between you and a current or former employers concerning the intellectual property you create or created during your employment;
  • Is libelous or defamatory, or violates the privacy or publicity rights of any third party;
  • Consists of or contains viruses, Trojan horses, worms, malicious code or other harmful or destructive content;
  • Is obscene, lewd, lascivious, filthy or pornographic, that may constitute child pornography, or that may solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18;
  • Depicts excessive violence, contains comments or images that are offensive, abusive, threatening, harassing or menacing, or that incites, encourages or threatens physical harm against another;
  • Promotes or glorifies racial intolerance, uses hate and/or racist terms, or signifies hate towards any person or group of people;
  • Advocates the violent overthrow of the government of the United States or other conduct that could constitute a fraud or other criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
  • Glamorizes the use of illegal substances and drugs;
  • Violates in any way applicable laws or regulations, including without limitation laws designed to regulate unsolicited email or other electronic advertising, in any jurisdiction where the Website or Services are marketed or provided;
  • Violates any provision of this Agreement or any other Hang Outdoors® agreement or policy;
  • Has a detrimental effect to the goodwill and good standing of Hang Outdoors® or any of its affiliates, officers, directors, employees, consultants, agents, contractors or representatives; or
  • Is generally offensive or in bad taste, as determined by Hang Outdoors®.
Hang Outdoors® disclaims any perceived, implied or actual duty to monitor the contents of the website and specifically disclaims any responsibility or liability for information provided hereon. Without limiting any of its other remedies, Hang Outdoors® reserves the right to terminate your use of the Website and Services or your uploading, posting, transmission, display, performance or distribution of Objectionable Content. Hang Outdoors®, in its sole discretion, may delete any Objectionable Content from its servers. Hang Outdoors® intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

16. INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless Hang Outdoors® and its officers, directors, employees, agents, affiliates, representatives, sub-licensees, successors, assigns, and Industry Professionals (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; (iii) Your provision to Hang Outdoors® or any of the Indemnified Parties of information or other data; or (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) Your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

17. GOVERNING LAW; JURISDICTION AND VENUE
The Website, Services, and this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Michigan and shall be governed by and construed in accordance with the laws of the State of Michigan without regard to its conflict of law principles.

18. TERMINATION
Without limiting any other provision of this agreement, Hang Outdoors® reserves the right to, in Hang Outdoors® ' sole discretion and without notice or liability, deny use of the website and/or services to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty or covenant contained in this agreement, or of any applicable law or regulation.

This Agreement shall automatically terminate in the event that you breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by Hang Outdoors®.

You may terminate this Agreement and your rights hereunder at any time, for any or no reason at all, by providing to Hang Outdoors® notice of your intention to do so, in the manner required by this Agreement.

Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website and Services. Upon termination, Hang Outdoors® may, but has no obligation to, in Hang Outdoors® ' sole discretion, rescind any services and/or delete from Hang Outdoors® ' systems all your Personal Information and any other files or information that you made available to Hang Outdoors® or that otherwise relate to your use of the Website or Services. Nevertheless, Hang Outdoors® retains the rights to possess, use and display information, files, pictures, articles or any other posting made by you during your time as a member of Hang Outdoors®. Hang Outdoors® reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Website and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.

19. NOTICES
All notices required or permitted to be given under this Agreement must be in writing. Hang Outdoors® shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Hang Outdoors®. You agree that any notice received from Hang Outdoors® electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with Hang Outdoors® is accurate and current, and notice to you shall be deemed effective upon the sending by Hang Outdoors® of an email to that address.

20. GENERAL
This Agreement constitutes the entire agreement between Hang Outdoors® and you concerning your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of Hang Outdoors® or by the unilateral amendment of this Agreement by Hang Outdoors® and by the posting by Hang Outdoors® of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without the prior written consent of Hang Outdoors®. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and Hang Outdoors® are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the Hang Outdoors® Parties and the Indemnified Parties as and to the extent set forth in Sections 6, 9, 12 and 16, and Hang Outdoors® ' licensors and suppliers as and to the extent expressly set forth in Section 16, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Hang Outdoors® and Hang Outdoors® licensors and suppliers, and would therefore entitle Hang Outdoors® or Hang Outdoors® licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.

Copyright 2019 © Hang Outdoors, Inc. Hang Outdoors® is a registered trademark of Hang Outdoors, Inc.