Terms and Conditions
Last updated 11 January, 2013
These terms and conditions apply to your use of the website located at JHnordic.com
. If you do not agree to any of these terms, do not use JHnordic.com or any of its related websites.
These Terms apply to all users of JHnordic.com, including users, sponsors, and information providers who are also contributors of comments, reviews, reports, photos, videos, information and other materials or services on JHnordic.
PLEASE READ THE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF SERVICE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.
- 1.1 A "user" is someone who accesses, browses, views, crawls, scrapes, prints, or in any way uses JHnordic. The terms "you" and "your" refer to any user of this website. The terms "we", "us", "our", and “JHnordic” refer to JHnordic.com ( or” the Site”).
- 1.2 "Content" means text, maps, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to or through JHnordic, such as ratings, reviews, invitations, and information that you display.
- 1.3 "User Content" means Content that users submit or transmit to or through the Site.
- 1.4 "JHnordic Content" means Content that we create and make available on the Site.
- 1.5 "Third Party Content" means Content that is made available on the Site by parties other than JHnordic or its users, such as data providers who license data , maps, and content to JHnordic for use on the Site.
- 1.6 "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and JHnordic Content.
2. Your Use of the JHnordic.com Content
JHnordic.com provides trail maps, trail descriptions, community and user sourced Content. The user can view and print any Content on JHnordic.com for your own personal, non-commercial use. The Site includes a combination of Content that we have created from our use of nordic trails, Content that we license from third-party partners and Content that is created and posted by our users. All of the Content on the Site are protected by our copyrights, the copyrights of our partners and/or the copyrights of the user who posted such materials. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the Content on the Site in whole or in part outside of the specific usage rights granted to you from these Terms. You agree to use the Site only for its intended, lawful purposes and in accordance with all applicable laws. You agree not to use the Site in any manner that interferes with its normal operation or with any other user's use and enjoyment thereof. You further agree that you will not access the Site by any means except through the interface provided by Site and that you will not access JHnordic.com or its related websites from any territory where its contents are illegal.
3. User Responsibility for Content Posted on JHnordic.com
JHnordic.com permits the submission of information, descriptions, photographs, videos, text, maps, captions, posts or other material ("Content") by you and other users, and the hosting, sharing, printing, and/or publishing of such Content.
You shall be solely responsible for your own Content and the consequences of posting or publishing such Content. In regards to such Content, you affirm, represent and/or warrant that: (a) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize JHnordic.com to use, all patent, trademark, trade secret, copyright or other proprietary material placed on the Site by you, or placed by JHnordic.com on the Site after obtaining your permission to do so and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by JHnordic.com and these Terms.
You shall retain all of your ownership rights in your Content. However, by submitting the Content to JHnordic.com, you hereby grant JHnordic.com a worldwide, non-exclusive, fully paid, royalty-free, irrevocable, perpetual, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise use the Content in connection with JHnordic.com and JHnordic.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the JHnordic.com website(s) (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the JHnordic.com website(s) a non-exclusive license to access your Content through JHnordic.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of JHnordic.com and under these Terms.
Although we maintain the right to review, edit and remove Content from JHnordic.com in our sole discretion, we do not control the Content that is uploaded onto JHnordic.com and, as such, we do not guarantee the accuracy, integrity or quality of such Content.
Under no circumstances will JHnordic.com be liable in any way for any Content, including, but not limited to, the subject matter of any Content, any errors or omissions in any Content, or for any loss, injury, or damage of any kind incurred as a result of the use of any Content available via JHnordic.com.
4. Content Review, Removal, and Modification
By submitting Content to JHnordic.com, you authorize future modifications of the Content by administrators, moderators, and other users. Content submitted to JHnordic.com may be examined at any time and we maintain the absolute right (but not the obligation) to remove or change Content for any reason or no reason, at any time, with or without notice.
5. Responsibility for Maintaining Your Privacy
You are responsible for maintaining the confidentiality of your account, registration information, and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what personally identifiable information you include in your Content that you post on the Site.
6. Changes In Terms and Conditions
We may modify or terminate our terms from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms from time to time without notice. Please review these Terms from time to time so that you will be apprised of any changes.
7. Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (see the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/).
If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact you, as the content submitter, owner or website administrator so that you may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act.
8. Infringement Notification
To file a notice of infringement with us, you must provide a written communication (by regular mail -- not by email, except by prior written agreement) that sets forth the items specified below.
To expedite our ability to process your request, please use the following format (including section numbers):
A. Identify in sufficient detail the copyrighted work that you believe has been infringed. For example, "The copyrighted work at issue is the text that appears on www.JHnordic.com/"exact file location"
B. Identify the material that you claim is infringing the copyrighted work listed in item "A." above.
Send the written communication to:
3155 Teton Pines Drive
Wilson, WY 83014 USA
9. Disclaimer of Warranties
JHnordic disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Site. JHnordic disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. JHnordic.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Site or its printed contents. Reliance by you upon any content or other information found on the site is at your own risk and you expressly waive any claim against JHnordic.com or its related websites, or the other content providers for the Site based upon the alleged accuracy of the content found on the Site.
JHnordic's services, and all materials, information, products and services included on the website(s), are provided "as is", with no warranties whatsoever. JHnordic and its licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. JHnordic and its licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of its services. JHnordic and its licensors disclaim any warranties for any information or advice obtained through its website(s). JHnordic and its licensors disclaim any warranties for services or goods received through or advertised on the JHnordic.com or received through any links provided by JHnordic.com.
You understand and agree that you download or otherwise obtain material or data through the use of JHnordic.com at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
10. Limitation of Liability
Under no circumstances shall JHnordic or its licensors be liable to you or to any user based upon your or that user's use or misuse of or reliance upon JHnordic's services or content on the Site, arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability shall apply to prevent any recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if JHnordic or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the alleged damages arise from use or misuse of and reliance upon JHnordic's services (including any alleged damages incurred by third parties) by any user. This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on JHnordic or received through any links provided in the Site, as well as by reason of any information or advice received through or advertised on JHnordic.com or received through any links provided in the Site. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of JHnordic or any information or merchandise that appears on, or is linked or related in any way to, JHnordic.com or its related websites. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Some states or other jurisdictions do not allow the exclusion or limitations of liability for incidental or consequential damages, so the above limitations and exclusions many not apply to you.
Without limiting the foregoing, under no circumstances shall JHnordic or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, avalanches, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
11. Reporting Content Violations
If you believe that any Content on JHnordic.com violates your copyright you can report such violation using the Contact Us link on every page on JHnordic.com. It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
12. Nordic, Cross-Country, Back-country and Skate Skiing, Snowshoeing, Fat biking and Other Adventure Sports are Dangerous
You could be seriously injured or die when participating in any of the activities depicted, discussed or represented on the Site.. JHnordic recommends you receive professional instruction and guiding whenever engaging in any of these pursuits. Content on the Site may be inaccurate or outdated, and JHnordic makes no claims to the accuracy of any Content. JHnordic.com is neither responsible nor liable for any damages, loss or injury resulting from inaccurate data.
13. Miscellaneous Provisions
These Terms will be governed by and construed in accordance with the laws of the State of Wyoming, without giving effect to its conflict of laws, provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by JHnordic.
You affirm that you are either 18 years of age or greater, or an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
JHnordic, the JHnordic logo, and JHnordic icons are proprietary service marks of Morgan McKenna & Associates. No user may make use of these trademarks without the express written consent of JHnordic.com.
16.1 Dissatisfaction: If you are dissatisfied with the Site, please provide feedback through our Contacts page. Your only other remedy with respect to any dissatisfaction with (a) the Site, (b) the Terms of Service, (c) any policy or practice of JHnordic in operating the Site, or (d) any content or information transmitted through the Site, is to terminate the Terms of Service and your usage of the Site.
16.2 Suggestions and Improvements: We welcome your input to make the Site as user- and communityfriendly as possible, as accurate and current as possible, and representative of the positive, healthy spirit we have in the Greater Tetons and Jackson Hole.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (a) your Feedback does not contain the confidential or proprietary information of third parties, (b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (c) we may have something similar to the Feedback already under consideration or in development, and (d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.