Date of last revision: September 21, 2016
PHYSICAL ACTIVITY NOTICE
The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. OUTDOORMETRIX is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.
NOTICE REGARDING USE OF PROJECTILES
The Platform includes features that promote the use of firearms and other projectiles. Consider the risks involved and obtain all necessary training and licensure before engaging in the use of firearms and other projectiles. OUTDOORMETRIX is not responsible or liable for any injuries or damages that you may sustain, or that you cause to others, that result from your use of, or inability to use, firearms or other projectiles.
All intellectual property on the Platform (except for User Generated Content) is owned by OUTDOORMETRIX or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., OUTDOORMETRIX name and the logo design) are owned, registered and/or licensed by OUTDOORMETRIX. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of OUTDOORMETRIX; All rights reserved.
PLATFORM USE RESTRICTIONS
OutdoorMetrix service Termination
You may terminate this Agreement at any time by canceling your subscription through your accounts settings page. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR SERVICE AND THIS AGREEMENT NOR FOR ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR SERVICE AND THIS AGREEMENT.
We may terminate this Agreement, disable your account, and/or put your account on inactive status, in each case at any time with reasonable cause or violation to these terms of service agreement, and with or without notice. We shall have no liability to you or any third party because of such termination or action.
Fees for the OutdoorMetrix monthly service
If you opt to sign up for the OutdoorMetrix service monthly subscription plan, you will be subject to monthly subscription fees in accordance with the Fee Schedule and related information (the "Fee Schedule"). You will be required to submit payment monthly in advance for use of the OutdoorMetrix service. Use of to the OutdoorMetrix service will be disabled until payment is received. Fees will be billed monthly on an ongoing and recurring basis even if you are not actively using the OutdoorMetrix service.
Fees for the OutdoorMetrix annual service
If you opt to sign up for the OutdoorMetrix service annual subscription plan you will be subject to annual subscription fees in accordance with the Fee Schedule and related information (the "Fee Schedule"). You will be required to submit payment annually in advance to use the OutdoorMetrix service. Use of the OutdoorMetrix service will be disabled until payment is received. Fees will be billed annually on an ongoing and recurring basis even if you are not actively using the OutdoorMetrix service.
Fee Schedule; Discounts.
You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. The Fee Schedule, including subscriber or any discounts, is subject to change at any time in our sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule.
Payment for the OutdoorMetrix service will be made by a valid credit card or Paypal® accounts accepted by us. Fees are payable in U.S. dollars. You hereby authorize us to charge your credit card for such amounts on a regular monthly or yearly basis beginning at the beginning of your subscription and continuing until such time as your account is terminated. If we are for any reason unable to effect automatic payment via your credit card, we will attempt to notify you via email and your subscription will be disabled until payment is received. Amounts paid for the OutdoorMetrix service, including prepayments, are not refundable.
Your Fee Schedule is located in the Subscriptions tab in the account settings under "billing dates". The Fee Schedule displays the estimated next billing date and amount for your FitnessReport service will be displayed.
SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your OUTDOORMETRIX account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. OUTDOORMETRIX is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
USER GENERATED CONTENT
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by OUTDOORMETRIX.
POSTING RULES: USER GENERATED CONTENT AND USER CONDUCT
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Platform. Do not take any action or post anything that may expose OUTDOORMETRIX or its users to any harm or liability of any type.
BE RELEVANT AND CONSTRUCTIVE
Stay on topic and post only constructive comments and questions. Unless the Platform feature asks for it, don't talk about policies, speculations or rumors about OUTDOORMETRIX.
BE COURTEOUS AND APPROPRIATE
Flaming, trolling and posting insults are prohibited. Do not post User Generated Content, or a link to a website, that, in OUTDOORMETRIX's sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photographs, pictures, film, videos or other images of another person without that person's consent. Further, do not post any photograph, picture, film, video or other image of any person, with or without their consent and including yourself, in a state of full or partial nudity. Do not "stalk," intimidate, abuse, harm or harass another Platform user or person.
Do not post personal information. Do not collect or solicit personal information from other Platform users or send unsolicited emails or other communications. Do not collect, use or post on the Platform the private information of anyone else, without their consent, including but not limited to a person’s full legal name, home address, Social Security number, telephone number or email address.
Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Platform.
Do not impersonate any person or entity, including without limitation athletes or OUTDOORMETRIX employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one OUTDOORMETRIX account, register an OUTDOORMETRIX account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person's account, username or password.
Do not post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.
GENERAL RULES FOR USER GENERATED CONTENT
CONTENT IS NOT PRESCREENED
OUTDOORMETRIX does not prescreen User Generated Content. OUTDOORMETRIX does not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. OUTDOORMETRIX is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event OUTDOORMETRIX chooses to monitor any User Generated Content, OUTDOORMETRIX assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. OUTDOORMETRIX reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason or for no reason at all.
ELIGIBILITY AND REGISTRATION
OUTDOORMETRIX'S RIGHTS TO YOUR POSTING
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to OUTDOORMETRIX a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
COPYRIGHT INFRINGEMENT COMPLAINTS
If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give OUTDOORMETRIX legally sufficient notice to OUTDOORMETRIX of infringement. Send copyright infringement complaints to:
INSERT OUR BUSINESS CONTACT INFORMATION
We suggest that you consult your legal advisor before filing a notice with OUTDOORMETRIX's copyright agent, because there may be penalties for false claims.
The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using OUTDOORMETRIX's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. OUTDOORMETRIX is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. OUTDOORMETRIX is under no obligation to become involved with any user dispute, but may do so at its own discretion.
OUTDOORMETRIX is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, OUTDOORMETRIX disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. OUTDOORMETRIX cannot guarantee and does not promise any specific results from use of the Platform. OUTDOORMETRIX does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, OUTDOORMETRIX does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. OUTDOORMETRIX reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
OUTDOORMETRIX SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A OUTDOORMETRIX EVENT OR ANY USER GENERATED CONTENT, EVEN IF OUTDOORMETRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST OUTDOORMETRIX FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF OUTDOORMETRIX IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, OUTDOORMETRIX'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Effective Septmeber 21, 2016
WHAT YOU GIVE US
We collect information you give us or permit us to access. Information may include, but is not limited to, your name, image, age, photographs, pictures, film, videos or other images, email and physical address, telephone number, gender, contact lists, social media information and profile, location (GPS) information, hunting and fishing activity and performance information, and when necessary, credit card information.
WHAT WE COLLECT FROM YOU
We may automatically collect information regarding your interaction with, and use of, our services. Information we may collect includes, but is not limited to, your telephone number, Device identifier and hardware information, IP address, browser type and language, cookie information, system type, whether you have enabling software to access certain features, access times, referring website URLs and other information about your interactions with us.
WHAT WE COLLECT FROM OTHER OUTDOORMETRIX INTERACTIONS AND THIRD PARTIES
We may combine information you give us with other information from OUTDOORMETRIX sources and communications. This may include, but is not limited to, information from OUTDOORMETRIX applications or other OUTDOORMETRIX interactions. We may also combine that information with data that is publicly available and data from third parties.
We do not knowingly collect or solicit personal information, as defined in 15 United States Code § 6501, from children under thirteen (13) years of age.
We may use your information to do the following:
ENABLE YOUR USE
- Enhance, customize and personalize your OUTDOORMETRIX experiences and communications
- Use OUTDOORMETRIX features, such as logging outdoor activities, hunts, fishing trips and other activities
OPERATE, IMPROVE AND ANALYZE
- Operate, provide, improve and maintain OUTDOORMETRIX's services, including analyzing user behavior and trends
- Send you administrative messages and other information about OUTDOORMETRIX. Communicate with you about your account information or customer service
PROVIDE AND CONDUCT MARKETING AND PROMOTIONS
- Communicate with you about our services and events, and for other promotional purposes
- Administer contests, promotions, events, surveys or other features
- Display relevant marketing to you
We may transfer your information to OUTDOORMETRIX service providers to conduct our business. For example, they may handle email distribution, market research, information analysis, and promotions management. We may also share your information to administer features of the Platform.
BY LAW OR TO PROTECT RIGHTS
Your information may be transferred to a third party as a part of our business assets in a sale of a part or all of OUTDOORMETRIX. If this should happen, notice will be provided by posting to the website or other form of communication.
When you join or use certain services, you agree to publicly share a basic amount of information, which may include your username, location, profile, and activity / log information.
SHARING YOU CHOOSE
Information that is publicly shared may be used by OUTDOORMETRIX for promotional purposes.
Security Measures: We use a variety of security measures, including encryption and authentication tools, to help protect your information. We use secure servers when you place orders. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted within our databases.
However, like other companies, OUTDOORMETRIX cannot guarantee 100% the security or confidentiality of the information you provide to us.
HOW WE COLLECT INFORMATION
OUTDOORMETRIX automatically collects information within our services or stored by your browser or Device. We use a variety of methods to collect this information, including, but not limited to, cookies and pixel tags/web beacons ("Collection Tools").
TURNING OFF COLLECTION TOOLS
If you turn off certain Collection Tools, you may not have access to many features that make your experience more efficient and some of our services and features may not function properly.
THIRD PARTY TRACKING
We also work with other companies who use tracking technologies to serve ads on our behalf across the Internet. These companies may collect information about your interaction with us, including advertising. These companies may not recognize or respond to DNT headers from web browsers. If you would like to opt-out of receiving ads tailored by 3rd party tracking technologies associated with our website, please click here. Note that if you opt-out from these third party tracking technologies, you may still see our ads at other websites, but the ads will not be tailored using third party tracking technologies associated with our website.
MODIFYING OR DELETING YOUR INFORMATION
You can modify or delete your profile within certain OUTDOORMETRIX services, through your account. Your information previously posted may still be publicly viewable. OUTDOORMETRIX may keep information and content in our backup files and archives.
Regardless of the settings you select, OUTDOORMETRIX may send you service-related communications. To unsubscribe and stop receiving messages, please change your settings or follow the instructions in the email, text message, notification or other message type. If you have unsubscribed from any OUTDOORMETRIX communications, due to production schedules, you may receive communications already in production.
For questions or concerns, please contact Customer Services at help@OutdoorMetrix.com