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Oregon Gold Adventures

Terms of Service/Privacy Policy



A. The Terms

1. Acceptance of Terms


Welcome to www.oregongoldadventures.com ("Service" or "Site") owned and operated by
Oregon Gold Adventures. ("OGA"). By using the Site in any way, you are agreeing to comply with and be bound by this Agreement, any related agreements including, without limitation, the Privacy Policy, and all rules, policies and disclaimers (including FAQs for Customers and guests.) posted on the Site or about which you are notified (collectively "Terms"). If you do not agree with all of the Terms, do not use the Site. Please review all of the Terms carefully before using the Site.

By using the Site, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of 13 and/or have your parent’s permission to use this Site.

2. Definitions


In the Terms, “Guest”, "User," "you" and "your" refer to the individual or entity that browses the site just for entertainment and/or knowledge. "
Oregon Gold Adventures" “OGA”, "we," "us" and "our" refer to Oregon Gold Adventures. "Member(s)" refers to the person(s) who joins OGA as a paying member.

3. Right to Modify


Oregon Gold Adventures may change, revise or modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting. Your continued use of the Site or Service(s) will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.

B. The Website

4. Oregon Gold Adventures Is a Venue


The 
Oregon Gold Adventuress Site is a venue for informational and educational purposes to; allow Guests and Members to ask questions and to have experts, other guests and members answer them; to perform research pertaining to gold prospecting and/or mining and to utilize and patronize the Site for the many products and service(s) that it may provide.

C. User Accounts

5. User Accounts; Restricted Activities; Suspension or Termination of Service


When you register as a paid Member on the Site, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify
Oregon Gold Adventures of any unauthorized use of your password or account. You may only create one account on the Site. If any Oregon Gold Adventures account of yours has been suspended or terminated, you MAY NOT open another account on the Site using the same or any other user name.

You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active
Oregon Gold Adventures accounts.

Any content you provide on the Site and your use of our Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy; (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with
Oregon Gold Adventures or the Site (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain any material that is adult in nature. (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system(s), product(s) or the content on the Site without Oregon Gold Adventures' prior written consent.

You are prohibited from soliciting Users of this Site for any purpose (including inviting other Users to contact you off of the Site or inviting Users to participate in a website that competes with
Oregon Gold Adventures or the Site).

If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent via e-mail to oregongoldadventures@gmail.com or you may send a written notification to our address:
Oregon Gold Adventures, P.O. Box 68, O'Brien, OR, 97534. Cancellations will be effective within 7 business days of our receipt of your notification. All debts and fees must be paid before cancellation can take effect. Termination of your account does not affect your liability or obligations under the Terms.

At any time, without notice, for any or no reason, 
Oregon Gold Adventures reserves the right to refuse service to anyone, to modify or discontinue any portion or all of the Service, and to suspend or terminate Users’ accounts.

6. Fees, Deposits and Refunds


You select the level of membership, or no membership, offered by
Oregon Gold Adventures. Each level offers a different benefits package.

Oregon Gold Adventures maintains the right to initiate special incentive and pricing programs. These may be limited, at Oregon Gold Adventures’ sole discretion, to defined and limited Members or non-Members.

D. Legal Statements

7. Release


Users are responsible for their acts and omissions and content placed on the Site. Because the
Oregon Gold Adventures Site is a venue, in the event that you have a dispute with one or more Users, you release Oregon Gold Adventures (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

8. Proprietary Rights of Content


You acknowledge and agree that
Oregon Gold Adventures owns the rights to its website oregongoldadventures.com and all of the non-third-party content displayed on the Site. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Oregon Gold Adventures,Oregon Gold Adventures Users, or Oregon Gold Adventures Advertisers or other content providers, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

You agree that Posts on the site, or materials or ideas submitted on the Site or to the Site administrator or any employee, officer or agent of
Oregon Gold Adventures, will not be considered confidential and may be used by Oregon Gold Adventures, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials.

You grant to
Oregon Gold Adventures a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform or create derivative works thereof, that you have in your Posts, in any media now known or not currently known, with respect to any such Posts.  

9. No Endorsement of Non-Oregon Gold Adventures Entity; No Relationship with Users


Oregon Gold Adventures may endeavor to offer to its Users products and services offered by non-Oregon Gold Adventures entities. Placement of information, logos, links or names of such non-Oregon Gold Adventures entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. Users take full responsibility for a decision to visit or patronize any such entity and hold Oregon Gold Adventures harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venture, or employee) is created between you and Oregon Gold Adventures or between any User and Oregon Gold Adventures by formation of this Agreement (or any of the Related Agreements) or by your participation on the site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.

10. Information Control and Storage


We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with people acting under false pretenses. Additionally, there may be risks dealing with international trade. By using this Site, you agree to accept such risks and that
Oregon Gold Adventures is not responsible for the acts or omissions of Users on the Site.

The amount of storage space per User is currently limited. You agree that
Oregon Gold Adventures is not responsible or liable for the deletion or failure to store content and/or other information.

11. Exclusion of Warranties


ALL SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
Oregon Gold Adventures DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Oregon Gold Adventures DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, Oregon Gold Adventures, LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

UNDER NO CIRCUMSTANCES WILL
Oregon Gold Adventures BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS’ SOLE RISK.

 

12. Limitation of Liabilities


IN NO EVENT SHALL
Oregon Gold Adventures, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH USING OUR SITE, OUR SERVICES, THIRD PARTY PRODUCTS OR OUR PRODUCTS.


13. Indemnification


You agree to indemnify, defend and hold
Oregon Gold Adventures, any and all subsidiary, or affiliate organizations, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Site. To the extent any such claim is brought to Oregon Gold Adventures’ attention and not to your attention, Oregon Gold Adventures shall provide you reasonable notice of such claim. Oregon Gold Adventures shall be entitled to participate in the defense of such claim.

14. Press Releases and Third-Party Press About Oregon Gold Adventures


The Site may contain press releases and other information about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update said information or any press releases. Information about companies other than ours, contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us. Likewise, third-party press about
Oregon Gold Adventures or the Site should not be relied upon as being provided or endorsed by Oregon Gold Adventures.

15. Choice of Law and Forum


CHOICE OF LAW. The Terms shall be governed by, and construed in accordance with the laws of the State of Oregon, County of Josephine, without regard to its conflicts of law provisions.

DISPUTES; DISPUTE RESOLUTION. All disputes, claims and controversies, of any sort or nature, between the parties, arising out of the use of the Site ("Dispute"), shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the user’s email address on file with
Oregon Gold Adventures, or (b) Oregon Gold Adventures, P.O. Box 68, O’Brien, OR 97534 or oregongoldadventures@gmail.com, whichever is applicable ("Dispute Notification"); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute.

NO CLASS CLAIMS; WAIVER. The parties expressly agree that there shall be no class claims, consolidation or joiner allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of site users or otherwise asserting claims on behalf of a class ("Waiver"). In the event this Waiver is found to be unenforceable, the parties may file a complaint in the Josephine County, Oregon courts and agree to waive any and all jurisdictional, venue or inconvenient forum objections.

16. Agreement; Miscellaneous


The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any
Oregon Gold Adventures’ employee or agent and the Terms (other than modifications to the Terms executed in writing by the Owner or authorized-in-fact representative of Oregon Gold Adventures), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, the Terms of Service and Privacy Policy will prevail for Customers over other Terms of the Site; also, this Agreement, Related Agreements and disclaimers will prevail over FAQs, and other rules and policies on the Site. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Oregon Gold Adventures failure to exercise or enforce any of the Terms shall not constitute a waiver of Oregon Gold Adventures right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.

You may not assign the Terms to any other party.
Oregon Gold Adventures shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by Oregon Gold Adventures. No delay or omission on the part of Oregon Gold Adventures in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.











 

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