Welcome to the Fallen Outdoors website and these Terms of Use (“Terms”). The Fallen Outdoors website (“Website”) is operated by The Fallen Outdoors, a 501(c)(3) non-profit organization whose address is The Fallen Outdoors 20123 Ne 174th St, Brush Prairie, WA 98606 (“TFO”). The Website contains information about the services that TFO provides for our Veterans and military members to connect, participate, and bond inside the TFO Community. The Terms incorporate by reference TFO’s Privacy Policy
By browsing or using the Website, you agree to comply with and be bound by the Terms, which, govern TFO’s relationship with you as it relates to your use of this Website. To use the Website, you must be 18 or older and have the power to enter a binding contract with TFO. If you are not 18 years of age, cannot enter a contract, or do not agree with these terms, please do not use the Website.
This Website and its content are intended for Your personal, non-commercial use only. You agree that such permission does not include: (a) any commercial use or any resale or redistribution of the Website or the Website Content; (b) the distribution, public performance or public display of any Website Content, except as expressly permitted on the Website, (c) making any derivative works or uses of the Website or the Website Content, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Website, the Website Content or any information contained therein, except as expressly permitted on the Website; (f) copying or otherwise using any trademark or service mark on the Website, in whole or in part, without the prior written permission of TFO or the applicable trademark holder; or (g) any use of the Website or the Website Content other than for its intended purpose. The permissions granted herein are revocable at any time, with or without cause.
Except as expressly stated in these Terms, none of the Website Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or otherwise used in any form or by any means without the prior written permission of TFO or the copyright owner. Any permission(s) given to you terminates automatically if you breach any of the Terms or for any other reason determined by TFO. Upon termination, you must immediately destroy any downloaded or printed Website Content. You may not, absent TFO’s express permission, “mirror” any material contained on this Website on any other server. Any unauthorized use of any Website Content may violate applicable law.
Any comments, information, feedback, pictures, video, or other materials submitted to TFO or to the Website (via any medium including e-mail and regular mail), shall be deemed non-confidential (via any medium including email and regular mail) and non-proprietary, except for personal information protected under our Privacy Policy. By submitting material to TFO or the Website, you warrant that you have all necessary rights to grant, for you and any other person that may have a right to the submitted material, and hereby automatically grant to TFO a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, store, license, reproduce, modify, creative derivative work from, publish, publicly display, publicly perform, and distribute such materials (in whole or in part) and to incorporate all or part of the submitted material in other works, including for marketing and fundraising purposes, in any form, media, or technology. If you submit feedback or suggestions about the Website or TFO programs or services, TFO may use your feedback or suggestions without obligation to you. You accept all risks associated with providing materials to TFO or the Website. You shall be solely responsible for your own material and the consequences of submitting, posting, or publishing it. Without limiting the foregoing, TFO shall be free to use the materials you submit in any way without acknowledgment or compensation to you.
We provide the Website and Website Content for patriotic, humanitarian, leadership- and community-oriented, educational, skills-teaching, and fundraising purposes. You may not rely on any information or opinions expressed on anywhere on our Website for any other purpose. In all instances, it is Your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by Your reliance on any Website Content.
In some instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
LINKS TO AND FROM THE WEBSITE
This Website may contain links to third party websites. Any such links are provided solely as a convenience to you. Neither the inclusion of any such links nor the reference to any products, services, or other information, by trade name, trademark, manufacturer, supplier or otherwise shall unless stated otherwise constitute or imply endorsement, sponsorship, or recommendation by TFO. Without limiting the generality of the foregoing, you agree that any such third party websites are not under the control of TFO, that TFO is not responsible for the content, products or services provided via any such third party websites, and that you are solely responsible for any claims, damages or liabilities incurred by you as a result of your use of any such third party websites. Your business dealings or correspondence with, or participation in promotions of, third parties other than TFO, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. TFO is not 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 third parties on the Website.
If you would like to link another website to this Website, such link may not suggest or imply TFO’s endorsement or approval of any product, position, entity, or individual; portray TFO in a false, misleading, derogatory or otherwise defamatory manner; or appear on a site containing any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. You hereby agree to remove such link at any time at TFO’s sole discretion. You may not use the TFO logo or other proprietary graphic or text of TFO to link to the Website without the express prior written permission of TFO. Further, you may not frame the Website without TFO’s express prior written consent.
The Website and all content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned TFO or its licensors. No ownership rights are transferred to You by accessing or using the Website. Additionally, all trademarks, service marks, trade names, and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to You in this Agreement, You shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in this Agreement are expressly reserved.
You agree to indemnify and hold harmless TFO and its employees, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:
(i) Your access to or use of the Website;
(ii) any actual or alleged violation or breach by You of this Agreement;
(iii) any actual or alleged breach of any representation, warranty, or covenant that You have made to us; or
(iv) Your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of Your obligations hereunder.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TFO INC. DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY:
(1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS;
(2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT;
(3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;
(4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE;
(5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE;
(6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND
(7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
UNDER NO CIRCUMSTANCES SHALL TFO, AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THIS AGREEMENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You. These limitations shall apply to the fullest extent permitted by law.
We reserve the right in our sole discretion and at any time to terminate or suspend and/or block Your access to the Website for any reason including, without limitation if You have failed to comply with the letter and spirit of this Agreement. You agree that TFO shall not be liable to You or any third party for any termination or suspension of Your Membership or for blocking Your access to the Website.
Any suspension or termination shall not affect Your obligations to us under this Agreement. The provisions of this Agreement which by their nature should survive the suspension or termination of Your Membership or this Agreement shall survive including, but not limited to the rights and licenses that You have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law.
TFO reserves the right to change or modify the Terms at any time without notice and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Website. Your continued use of the Website following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should periodically review these Terms. If you do not agree to these Terms at any time, you must stop using the Website.
If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be modified or deleted in such manner as to make this Agreement, as modified, legal and enforceable to the fullest extent permitted under applicable laws. The modification or deletion of a provision or portion of a provision under this section shall not affect the validity or enforceability of the remainder of this Agreement, which shall remain in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior discussions, negotiations, agreements and past dealings, either oral or written, between the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or changed, and any provision hereof may not be waived, except by an agreement in writing signed by the party against whom enforcement of any amendment, supplement, change or waiver is sought.
