Ownership of site
Your use of the site
Your registration obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Montane has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Montane has the right at its sole discretion to suspend or terminate your account and refuse any and all current or future use of the Content (or any portion thereof).
Member Account, password, and security
You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Montane of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Montane cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Montane, and is protected by trade dress, copyright, trademark and patent laws, and various other intellectual property rights and unfair competition laws.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (collectively, “Member Content”), are the sole responsibility of the person from whom such Member Content originated. This means that you, and not Montane, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available via the Service. Montane does not control the Member Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Member Content. You understand that by using the Service, you may be exposed to Member Content that is offensive, indecent, or objectionable. Under no circumstances will Montane be liable in any way for any Member Content, including, but not limited to, any errors or omissions in any Member Content, or any loss or damage of any kind incurred as a result of the use of any Member Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Member Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Montane official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Member Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Member Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Member Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event , however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “stalk” or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Montane may or may not pre-screen Member Content, but that Montane and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Member Content that is available via the Service. Without limiting the foregoing, Montane and its designees shall have the right to remove any Member Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Member Content, including without limitation information in message boards and in all other parts of the Service.
You understand that the technical processing and transmission of the Service, including your Member Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Montane and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Interstate nature of communications on Montane network
When you register, you acknowledge that in using Montane services to send electronic communications you will be causing communications to be sent through Montane’s computer networks, which are located in various locations in the United States, and portions of which are located abroad. As a result, and also as a result of Montane’s network architecture, business practices, and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where one is physically located at the time of transmission.
Accordingly, by using the Site and agreeing to these Terms of Service you acknowledge that use of the Service results in interstate and international data transmissions.
Special admonitions for international use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Member Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Content submitted or made available for inclusion on the service
Montane does not claim ownership of Member Content you submit or make available for inclusion on the Service, however, with respect to Member Content you submit or make available for inclusion on publicly-accessible areas of the Service, you grant Montane and its Affiliate Companies the following worldwide, royalty-free, and non-exclusive license(s), as applicable:
* With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly-accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Member Content on the Service. This license exists only for as long as you elect to continue to include such Member Content on the Service and terminates at the time you or Montane removes such Member Content from the Service.
* With respect to Member Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly-accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Member Content (in whole or in part) and to incorporate such member Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the Montane network of properties that are intended by Montane to be available to the general public.
You agree to indemnify and hold Montane and its Affiliate Companies, and their officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Member Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
No resale of service
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your membership ID), use of the Service, or access to the Service.
General practices regarding use and storage
You acknowledge that Montane may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Member Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Montane’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Montane has no responsibility or liability for the deletion or failure to store any messages and other communications or other Member Content maintained or transmitted by the Service. You acknowledge that Montane reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Montane reserves the right to modify these general practices and limits from time to time without notice.
Modifications to service
Montane reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Montane shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason.
Dealings with advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Montane shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other websites or resources. Because Montane has no control over such sites and resources, you acknowledge and agree that Montane is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Montane shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Montane proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise provided or expressly authorized by Montane, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MONTANE, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MONTANE AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MONTANE, AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH LOSSES ARE REASONABLY FORESEEABLE OR MONTANE HAS ACTUAL NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Special admonition for services relating to financial and legal matters
The Service is provided for informational purposes only, and neither the Service nor the Content included in the Service is intended for trading or investing purposes, or as legal advice. Montane and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions, or any legal actions taken or not taken, based on such information.
No third-party beneficiaries
Notice and procedure for making claims of copyright or intellectual property infringment
Montane respects the intellectual property of others, and we ask our users to do the same. Montane may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be intentional or repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Montane’s IP agent the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorized to act on his or her behalf:
a. a description of the copyrighted work or other intellectual property that you claim has been infringed;
b. a description of where the material that you claim is infringing is located on the Site;
c. your address, telephone number, and email address;
d. a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
e. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may give the above notice to Montane’s IP agent:
Level 18 / 333 Ann Street
Brisbane QLD 4000
By email: firstname.lastname@example.org
No Right of Survivorship and Non-Transferability. You agree that your Montane account is non-transferable and any rights to your membership ID or contents within your account terminate upon your death. Upon receipt of a certified copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Any feedback you provide at this site shall be deemed to be non-confidential. Montane shall be free to use such information on an unrestricted basis.
Updated by The Montane Legal Team on 24 April 2016.