
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.