Terms & Conditions
VOC CONTENT LICENSE AGREEMENT
This is an agreement between you and Volunteers for Outdoor Colorado (“VOC”) regarding your use of any and all materials, data or content that you access and/or download from https://ositraining.org/ (“Licensed Content”). Upon your access or download or use of the Licensed Content you agree to be bound by and comply with the terms of this VOC Content License Agreement (this “EULA”). This EULA will be effective as of the earlier of the date that you first access or download the Licensed Content (the “Effective Date”).
It is important that you carefully read and understand the terms and conditions of this EULA. BY ACCESSING OR DOWNLOADING THE LICENSED CONTENT, OR BY INDICATING YOUR ASSENT TO THIS EULA BY CLICKING “I ACCEPT” OR ANY SIMILAR MECHANISM, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS EULA, CLICK THE “DECLINE” BUTTON OR OTHERWISE INDICATE THAT YOU DO NOT CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA AND YOU WILL NOT BE ABLE TO ACCESS OR DOWNLOAD THE LICENSED CONTENT.
- License. Subject to the terms and conditions of this EULA, VOC grants you a non-exclusive, non-transferable limited license (without right of sublicense) to either download or access (as applicable) and use one copy of the Licensed Content and solely for your personal use. VOC reserves any rights not expressly granted herein. Any use of the Licensed Content not specifically authorized under this EULA is prohibited.
- Restrictions. The Licensed Content is protected by United States intellectual property law and international treaty provisions. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Licensed Content without the prior written consent of VOC. You may not assign this EULA or any of the rights or licenses granted under this EULA or sublicense, resell, rent, lease, or lend the Licensed Content to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. You acknowledge that the Licensed Content may contain proprietary trade secrets of VOC. You may not use the Licensed Content for the purposes of benchmarking or competitive analysis or for developing, using or providing competing content or services. You also agree that you will use the Licensed Content only in a manner that complies with all applicable laws in the jurisdictions in which you use the Licensed Content.
- Ownership. The Licensed Content is licensed, and not sold, to you under this EULA. You have no ownership rights in the Licensed Content or in any related intellectual property rights. Except for the rights expressly set forth in Section 1 above, VOC retains all right, title, and interest in and to the Licensed Content (including any changes, modifications, or corrections thereto). You agree to take all reasonable steps to protect the Licensed Content from unauthorized copying or use.
- Security Measures. Licensed Content may contain technological measures designed to prevent unauthorized or illegal use of the Licensed Content. You acknowledge and agree that VOC may use these and other lawful measures to verify your compliance with the terms of this EULA and enforce VOC’s rights, including without limitation all intellectual property rights, in and to the Licensed Content.
- No Use for Children Under 13. You hereby affirm that you are over the age of 13, as the Licensed Content is not intended for children under 13. If you are under 13 years of age, then you may not use the Licensed Content. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this EULA and to abide by and comply with this EULA.
- Indemnification. You agree to immediately notify VOC of and indemnify and hold harmless VOC, its affiliates, and their respective employees and agents from any claim or demand, including attorneys’ fees, due to or arising out of your use of the Licensed Content, your violation of this EULA, your breach of any representation or warranty in this EULA or any allegation that User Content or other materials you submit to VOC infringe, misappropriate or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other right of any third party.
- Disclaimer of Warranty. THE LICENSED CONTENT IS PROVIDED “AS IS” AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO YOUR USE OF THE LICENSED CONTENT IS WITH YOU. VOC HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE LICENSED CONTENT, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. VOC DOES NOT WARRANT THAT LICENSED CONTENT WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, THAT THE USE OF OR ACCESS TO LICENSED CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT ERRORS IN LICENSED CONTENT CAN OR WILL BE CORRECTED, OR THAT DATA DERIVED FROM USE OF THE LICENSED CONTENT OR CONTAINED WITHIN LICENSED CONTENT WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO VOC TO GRANT THE LICENSE CONTAINED IN THIS EULA AND TO PROVIDE YOU WITH ACCESS TO LICENSED CONTENT.
- Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VOC, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST REVENUE, LOST PROFITS, OR LOST OR DAMAGED DATA IN CONNECTION WITH OR ARISING OUT OF THIS EULA OR OTHERWISE, EVEN IF VOC, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF VOC UNDER THIS EULA FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER SHALL NOT EXCEED $50. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY OF ANY KIND.
- Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers, limitations and exclusions may not apply to you. To the extent that VOC may not, as a matter of applicable law, disclaim any warranty or limit or exclude any liability, the scope and duration of such warranty and the extent of VOC’s liability shall be the minimum permitted under such applicable law.
- Termination. This EULA is effective upon the earlier of your access, download, or use of the Licensed Content and shall continue until it is terminated. You may terminate this EULA at any time by destroying all copies of the Licensed Content in your possession or under your control. VOC may immediately terminate this EULA, and/or your access to and use of the Licensed Content, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This EULA will automatically terminate upon your violation of any of the terms of this EULA. Upon termination of this EULA, all license rights granted to you shall immediately terminate and you must cease all use of the Licensed Content. However, all other provisions of the EULA shall survive such termination.
- Export Laws. You acknowledge that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin. You agree that you will not export or re-export the Licensed Content in any form in violation of the laws of the United States or any foreign jurisdiction. You represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Credits and Charges. Credits and charges will be issued in the same manner as the original transaction. Downloadable content is not eligible for return or exchange.
- Miscellaneous. Any notice given by you to VOC hereunder must be sent by e-mail to firstname.lastname@example.org. This EULA, is the entire agreement between you and VOC with respect to, and supersedes any previous oral or written communications or documents (including without limitation, if you are obtaining an update, any agreement that may have been included with an earlier version of the Licensed Content) concerning, the subject matter of this EULA. This EULA is governed by the laws of the State of Colorado, USA without regard to conflicts of laws principles. You agree that any dispute arising from or relating to this EULA shall be brought exclusively in a court of competent jurisdiction, federal or state, located within the State of Colorado and in no other jurisdiction, and you hereby consent to personal jurisdiction and venue in, and agree to service of process issued or authorized, by any such court. This EULA will not be governed by the U.N. Convention on Contracts for the International Sale of Goods. In the event any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this EULA will remain in full force and effect. Failure by VOC to prosecute any right with respect to a default hereunder will not constitute a waiver by VOC or the right to enforce rights with respect to the same or any other breach. This EULA is between you and VOC; there are no third-party beneficiaries. You are responsible for compliance with all applicable laws and regulations. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this EULA. Legal notices to you will be directed to the e-mail address for which you have provided to VOC. Notice to you shall be deemed given 24 hours after the e‑mail is sent. Any heading, caption or section title contained in this EULA is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.