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AMC White Mountain Guide Online User Agreement

Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. YOU MUST AGREE TO THEM BEFORE USING THE SITE

Appalachian Mountain Club ("AMC") may revise and update these Terms and Conditions at any time. Your continued usage of the AMC website ("AMC Site," or the "Site") will mean you accept those changes.

Use of Content

AMC authorizes you to view or download a single copy of the material on the AMC Site, White Mountain Guide Online (the "Content") solely for your personal, noncommercial use if you include the following copyright notice. "Copyright © the Appalachian Mountain Club. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Personal use means for your own consumption or sharing with other individuals whom you know personally. For clarity, copying or redistribution of Content by a commercial enterprise is prohibited, even if the recipient is known to the enterprise and even if the recipient is not charged for the copy.

Any special rules for the use of certain software and other items accessible on the AMC Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with AMC or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of AMC. All rights not expressly granted herein are reserved to AMC and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Other remedies may also apply.

Liability of AMC and its Licensors

The use of the AMC Site and the Content is at your own risk. You acknowledge that (i) hiking, climbing and camping and related outdoor activities entail inherent risks and hazards, (ii) that conditions are variable and the Content does not purport to be error-free or up to date, (iii) the presence of some warnings does not mean that all dangerous situations or changes in conditions will result in warnings on the AMC Site, and (iv) ratings are very general, assume good weather and trail conditions and good physical fitness and constitute only one factor of many in a decision to hike a trail.

The AMC Site and the Content are provided on an "As is" basis. AMC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISLCAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCAHNTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, AMC licensors, and its suppliers make no representations or warranties about accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the AMC Site.

In no event shall AMC, its licensors, its suppliers, or any third parties mentioned on the AMC Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the AMC Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not AMC, its licensors, its suppliers, or any third parties mentioned on the AMC Site are advised of the possibility of such damages. AMC, its licensors, its suppliers, or any third parties mentioned on the AMC Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000. AMC, its licensors, its suppliers, or any third parties mentioned on the AMC Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. This disclaimer includes, but is not limited to, Content contributed by the National Forest Service, other trail clubs and other organizations which may be well-known in the industry.

AMC is not responsible for violations by Users of these Terms and Conditions of Use.

User Submissions to AMC and AMC Public Areas

AMC maintains "Public Areas." These consist of AMC Bulletin Boards, and areas for viewing and posting trip reports and trail conditions.

The personal information you submit to AMC is governed by the AMC Privacy Policy. To the extent there is an inconsistency between this Agreement and the AMC Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submissions, you agree that you will not send or transmit to AMC by email (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to AMC by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to AMC by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted AMC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. AMC may sublicense its rights through multiple tiers of sublicenses. THIS DOES NOT APPLY TO PHOTOS. You grant AMC the right to display photos on its website and to allow them to be downloaded in accordance with these Terms and Conditions of Use. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit then to the Public Area or to AMC by email.

Passwords

AMC has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to you AMC passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your AMC account and password; (3) promptly inform AMC of any need to deactivate a password. You grant AMC and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. AMC cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using AMC tools and services.

AMC Member to Member Areas

If you use a Public Area, such as an AMC Bulletin Board, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. AMC and its licensors are not responsible for the consequences of any communications in the Public Areas. Communications posted in the Public Areas are independent communications from third parties and do not represent the views or opinions of AMC. You acknowledge that information posted in a Public Area will by definition be disclosed to the public and may achieve broad dissemination in other media and in general. Information and experiences which you want to keep private should not be posted in a Public Area.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions.

  1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material which is intended to support or diminish support for a particular politician or candidate for office or a particular political party or which is otherwise excessively political in nature in the sole judgment of AMC.
  4. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by AMC in its sole discretion;
  5. Posting advertisements or solicitations of business;
  6. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  7. Posting chain letters or pyramid schemes;
  8. Impersonating another person;
  9. Distributing viruses or other harmful computer code; 
  10. Allowing any other person or entity to use your identification for posting or viewing comments;
  11. Posting the same note more than once or "spamming"; or
  12. Engaging in any other conduct that, in the judgment of AMC, restricts or inhibits, any other person from using or enjoying the Public Area or the Site, or which, in the judgment of AMC, exposes AMC or any of its customers or suppliers to any liability or detriment of any type.

AMC reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in public chat rooms.
  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  4. Terminate a user's access to any or all Public Areas and/or the AMC Site upon any breach of these Terms and Conditions.
  5. Monitor, edit, or disclose any communication in the Public Areas.
  6. Edit or delete any communication(s) posted on the AMC Site, regardless of whether such communication(s) violates these standards.

AMC or its licensors have no liability or responsibility to users of the AMC Site or any other person or entity for performance or non-performance of the aforementioned activities.

Advertisements, Searches, and Links to Other Sites

AMC may provide links to third-party web sites and AMC may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. AMC does not recommend and does not endorse the content on any third-party websites. AMC is not responsible for the content of linked third-party sites, sites framed within the AMC Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. AMC does not endorse any product advertised on the AMC Site.

Indemnity

You agree to defend, indemnify, and hold AMC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

AMC is based in the United States of America with offices in Boston, Massachusetts. Content may be downloaded. Access to the Content may not be legal by certain persons or in certain countries. If you access the AMC Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with AMC, or in any way relating to your use of the AMC Site, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any such dispute including any claim involving AMC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing wavier or such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting AMC copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material and any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) email address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. 
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

AMC's agent for copyright issues relating to this web site is as follows: AMC
Attn: Web Manager
5 Joy Street
Boston, MA 02108
wmgonline@outdoors.org

In an effort to protect the copyright owners, AMC maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Refund Policy

Due to the ability to download a large amount of guidebook information in a short amount of time, and the seasonal nature of guidebook use, annual subscriptions are not refundable. If you are uncertain about the features and content of White Mountain Guide Online, please sign up for a trial subscription first to evaluate the service. Review the minimum system requirements before subscribing. Subscribers experiencing access or technical issues should review system requirements and contact customer service at wmgonline@outdoors.org to resolve the issue.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the AMC Site, these Terms and Conditions and the AMC Privacy Policy and Agreement constitute the entire agreement between you and AMC with respect to the use of the AMC Site, and Content.

Thank you for your cooperation. We hope you find the AMC Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: AMC Website Office, 5 Joy Street, Boston, MA 02108

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All Rights Reserved. The Appalachian Mountain Club
5 Joy Street, Boston, MA 02108 P: 617-523-0655 F: 617-523-0722