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Thank you for using Adventure Class

Adventure Class is a web site owned and managed by Groundswell Enterprises, LLC

Adventure Class 's products and services are provided by Groundswell Enterprises, LLC These Terms of Service ("Terms") govern your access to and use of Adventure Class 's website, products, and services ("Products"). Please read these Terms carefully, and  contact us  if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our  Privacy Policy.

More Simply Put:

Every company has its terms. These are ours.

1. Using Adventure Class

a. Who can use Adventure Class

You may use our Products only if you can form a binding contract with Adventure Class , and only in compliance with these Terms and all applicable laws. When you create your Adventure Class account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

More Simply Put:

Anyone who is over age 13 can use Adventure Class. Also, if your boss is making you use Adventure Class , you need to set up a business account.

b. Our license to you

Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

c. Commercial use of Adventure Class

If you want to use our Products for commercial purposes you must agree to our Terms of Service.


2. Your Content

a. Posting content

Adventure Class allows you to post or link to content, including photos, videos, stories, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all necessary rights for and in, and are solely responsible for, the User Content you post to Adventure Class.

More Simply Put:

If you post your content on Adventure Class , it still belongs to you but we can show it to people and others can share it.

b. How Adventure Class and other users can uses your content

You grant Adventure Class and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute your User Content on Adventure Class solely for the purposes of operating, developing, providing, and using the Adventure Class Products. Nothing in these Terms shall restrict other legal rights Adventure Class may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

More Simply Put:

Copies of content shared with others may remain even after you delete the content from your account.

c. How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from Adventure Class , we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Adventure Class and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Adventure Class.

d. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make Adventure Class more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Adventure Class does not waive any rights to use similar or related Feedback previously known to Adventure Class , or developed by its employees, or obtained from sources other than you

More Simply Put:

Also, don't post porn or spam or be a jerk to other people on Adventure Class. Oh, and we can actually use your suggestions to make Adventure Class better


3. Copyright Policy

Adventure Class has adopted and implemented the Adventure Class   Copyright Policy  in accordance with the Digital Millennium Copyright Act. For more information, please read our  Copyright Policy.

More Simply Put:

We respect copyrights. You should, too.


4. Security

We care about the security of our users. While we work to protect the security of your content and account, Adventure Class cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

More Simply Put:

Let us know if something crappy is going on.


5. Third-Party Links, Sites, and Services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Adventure Class. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Adventure Class , you do so at your own risk and you agree that Adventure Class will have no liability arising from your use of or access to any third-party website, service, or content.

  • Specifically with regard to information like pricing, and product details provided by retail partners, Adventure Class obtains this information via automated services provided by affiliated partners. As such, product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on a given partner site at the time of purchase will apply to the purchase of this product.

More Simply Put:

Posts link to content off of Adventure Class. Most of that stuff is awesome but we're not responsible when it's not.


6. Termination

Adventure Class may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.

More Simply Put:

We reserve the right to refuse service to anyone.


7. Indemnity

If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Adventure Class and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

More Simply Put:

If we are sued because of mething your business does on Adventure Class , you have to pay our costs.


8. Disclaimers

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.


SHOPSWELL SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.


Adventure Class takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

More Simply Put:

Unfortunately, people post bad stuff on user-generated content sites like Adventure Class. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff, please let us know.


9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOPSWELL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL SHOPSWELL'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

More simply put:

We are building the best service we can for you but we can't promise it will be perfect. We're not liable for various things. If you think we are, let's try to work it out like adults.


10. Arbitration

For any dispute you have with Adventure Class , you agree to first  contact us  and attempt to resolve the dispute with us informally. If Adventure Class has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Adventure Class agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Adventure Class will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SHOPSWELL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.


11. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in San Deigo County, California, for any actions not subject to Section 10 (Arbitration).


Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

More Simply Put:

San Diego is beautiful this time of year. It doesn't matter what time of year it is, that's what's so great! Anyway, you'll have to sue us here.


12. General Terms

Notification Procedures and changes to these Terms.

Adventure Class reserves the right to the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

More Simply Put:

If we're making a big change to the terms, we'll let you know.

Assignment.

These Terms, and any rights licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Adventure Class without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

More Simply Put:

These three passages are part of just about every online terms agreement. Basically, they ensure that a deal is a deal when you're using a site, including Adventure Class.

Entire Agreement/Serverability.

These together with the Privacy Policy and any amendments and any additional agreements you may enter into with Adventure Class in connection with the Products, shall constitute the entire agreement between you and Adventure Class concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver.

No waiver of any term of these shall be deemed a further or continuing waiver of such term or any other term, and Adventure Class 's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.