Migrate Outfitters Terms of Service
Effective Date: September 10, 2018
Please read these Terms of Service (“Terms”) carefully before using the services provided by Migrate Outfitters, L.L.C. through http://migrateoutfitters.com and/or any mobile application provided by Migrate Outfitters, L.L.C. Http://www.migrateoutfitters.com may be referred to in this document as its domain address or “Website”. “Service” shall be defined but not limited to all applicable subscriptions, user content, advertisement, outfitter contacts, guests, hosts and any other application in which the Website is utilized. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, guests, hosts, outfitters, subscribers, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
- These Terms of Service written on this webpage shall manage your use of the Website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree or do not abide by any of these Terms. Individuals under the age of eighteen (18) years old are not allowed to use this Website. In the event the location you are accessing this Website has a legal age OVER the age of eighteen (18) years old when entering into a binding legal contract, you are not allowed to use this Website until you have reached the age of entering a binding legal contract at the location you are accessing this Website.
- We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Intellectual Property Rights
- Other than the content you own, under these Terms, Migrate Outfitters, L.L.C. and/or its licensors own all the intellectual property rights and materials contained in this Website. This includes but is not limited to all pictures, videos, and testimony posted to this website. Migrate Outfitters, L.L.C. will never divulge any personal or financial information on this website other than that information of which you specifically post and/or authorize as such to Migrate Outfitters, L.L.C. You are granted limited license only for purposes of viewing the material contained on this Website.
- You, in any and all capacities, including, user, subscriber, guest, host, or any other term are specifically restricted from all of the following
- publishing any Website material in any other media without specific, written authorization– including other websites, print, social media, radio, or any other form of dissemination;
- selling, sublicensing, and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing for personal benefit.
- Certain areas of this Website are restricted from being access by you. and Migrate Outfitters, L.L.C. may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
- In these Terms, “Your Content” shall mean any audio, video text, images, or other material you choose to display on this Website. By displaying Your Content, you grant Migrate Outfitters, L.L.C. a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media. Your Content must be your own and must not be invading any third-party’s rights. Migrate Outfitters, L.L.C. reserves the right to remove any of Your Content from this Website at any time without notice. In the event legal action is taken against Migrate Outfitters, L.L.C. for any content uploaded by you that violates the right of a third-party, YOU WILL INDEMNIFY AND HOLD HARMLESS FOR YOUR MIGRATE OUTFITTERS, L.L.C., ITS OFFICERS, DIRECTORS, AND EMPLOYEES FOR USE OF PROTECTED CONTENT AGAINST THE TERMS. Your content must be related to the business activities of Migrate Outfitters, L.L.C. Any offensive, vulgar, or pornographic material will result in the deletion of your account and your ban from the services of Migrate Outfitters, L.L.C.
Links To Other Web Sites
- Our Service may contain links to third-party web sites or services that are not owned or controlled by Migrate Outfitters, L.L.C. Migrate Outfitters, L.L.C. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Migrate Outfitters, L.L.C. 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 web sites or services.
- This Website is provided “as is,” with all faults, and Migrate Outfitters, L.L.C. expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you unless otherwise expressly stated. Migrate Outfitters, L.L.C. is a third-party intermediary who will strive to provide the best possible service to the user; however, Migrate Outfitters, L.L.C. provides no warranties as to the individual providers that utilize our service. There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the limitations of the warranty section and/or limitation of liability section contained herein may not applied to you; however all warranties and limitations of liability contained herein shall apply to you to the greatest extent allowed by law in your jurisdiction.
Limitation of liability
- In no event shall Migrate Outfitters, L.L.C., nor any of its officers, directors, and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Migrate Outfitters, L.L.C., including its officers, directors, and employees shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this Website. IN THE EVENT LEGAL ACTION IS TAKEN AGAINST MIGRATE OUTFITTERS, L.L.C., YOU SHALL INDEMNIFY AND HOLD HARMLESS MIGRATE OUTFITTERS, L.L.C., ITS OFFICERS, DIRECTORS, AND EMPLOYEES.
- You hereby indemnify to the fullest extent MIGRATE OUTFITTERS, L.L.C., ITS OFFICERS, DIRECTORS, AND EMPLOYEES from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
- If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
- Migrate Outfitters, L.L.C. is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
- The Migrate Outfitters, L.L.C. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
- These Terms constitute the entire agreement between Migrate Outfitters, L.L.C. and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
- These Terms will be governed by and interpreted in accordance with the laws of the State of Texas, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Texas for the resolution of any disputes.
Effective Date: December 08, 2018
Migrate Outfitters, LLC further acknowledge that an essential component of utilizing the services of the website is proper treatment of Confidential Information. As used in this Agreement, the term “Confidential Information” shall include all information, materials, documentation, and data furnished and disclosed by Migrate Outfitters, LLC, any user, or any provider, or any other employee or contract worker of the Migrate Outfitters, LLC (including both contract worker, subcontractors, and employees), any partner or strategic alliance of Migrate Outfitters, LLC, and any person or entity related in any way to Migrate Outfitters, LLC (“Disclosing Party”) or to users and/d or providers (“Receiving Party”), whether in oral, written, graphic, or machine–readable form, including but not limited to, Company treatments, methodologies, procedures, discoveries, inventions, improvements, concepts, ideas, customer lists, marketing strategies, business plans, financial information, contacts and other business and technical information, as well as the identity of Migrate Outfitters, LLC’s clients and any information related to client matters, except for such information and data as the parties agree in writing is not proprietary or confidential.
- The Company agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information with respect to the business of the user or provider, which Migrate Outfitters, LLC has obtained. This obligation will survive indefinitely upon termination of this Agreement.
- The users and providers agree that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information with respect to the business of Migrate Outfitters, LLC, which the user or provider has obtained, nor the confidential information of any other user or provider, except as may be necessary or desirable to further the business interests of Migrate Outfitters, LLC. This obligation will survive indefinitely upon termination of this Agreement.
- Nothing contained in this Agreement shall be construed as granting or conferring, expressly, implicitly or otherwise, to the Receiving Party any rights, title or interest by license, sale or otherwise in any Confidential Information, trademark, copyright, invention, discovery, made or conceived, or any other property of the Disclosing Party.
- All Confidential Information delivered by a Disclosing Party to Receiving Party pursuant to this Agreement shall be and remain the property of the Disclosing Party. Upon the completion or termination of the work relationship, or upon written request of the Disclosing Party, whichever is earliest, the Receiving Party shall, at the Disclosing Party’s option, return all written Confidential Information and any copies thereof or certify in writing that it has destroyed the Confidential Information and all copies thereof. Such a return or destruction of the Confidential Information by the Receiving Party shall not be construed to release or discharge the Receiving Party from any of its obligations under this Agreement.
- The existence of any claim or cause of action of the Receiving Party against the Company, whether predicated upon this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of this Agreement.
- If any action at law or equity is undertaken to enforce or interpret the terms of this Agreement, Receiving Party hereby agrees to pay Migrate Outfitters, LLC reasonable attorney’s fees and costs, in addition to any other relief and / or damages to which Migrate Outfitters, LLC may be entitled.
- Each party agrees that all confidentiality obligations undertaken herein by Receiving party shall survive any termination of this Agreement, and continue for the periods described herein..
- It is acknowledged that Migrate Outfitters, LLC is not governed by the General Data Protection Regulation of 2016 as promulgated by the European Union. However, it is assured by Migrate Outfitters, LLC that your information will not be shared to any third party except any guide/outfitter to which you have scheduled an adventure. Your information will be kept on a secure server for a period according to law to preserve both you and Migrate Outfitters, LLC’s rights for preservation of information; however, all information shall be secured and never shared with anyone. All data will be stored on a secured server. If at any time you wish for that data to be deleted, Migrate Outfitters, LLC will happily oblige. However, it is acknowledged that upon such request, the requestor waives any and all claims that Migrate Outfitters, LLC failed to maintain the records that are requested to be deleted.