Updated as of May 14, 2017

Acceptance of Terms

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

This Terms of Use Agreement (the "Terms of Use" or "Agreement") describes the terms and conditions applicable to your access and use of this National Parks Traveler Website (www.nationalparkstraveler.org), which is the Website of National Parks Traveler. By using the Website, you agree to be bound by the Terms of Use.

National Parks Traveler, its successors and assigns, and National Parks Traveler Website may revise this Agreement at any time by posting the amended Terms of Use on this Website. By continuing the use of this Website you agree that you will be bound by any changes to the Terms of Use. It is your responsibility to review the Terms regularly. You understand that National Parks Traveler may discontinue or restrict your use of this Website for any reason.

Please review our Privacy Policy, which also governs your use of the Website, to understand our practices. If you do not agree, please discontinue using the Website.

ABOUT THE INFORMATION ON THIS WEBSITE

All information on this Website is provided for general information purposes only.

We make no representations or warranties of any kind about the information provided on the National Parks Traveler Website or via hypertext links or any other item used, either directly or indirectly from this Website and we reserve the right to make changes and corrections at any time, without notice. By accessing this Website, you agree that National Parks Traveler, its successors or assigns, and the National Parks Traveler Website will not be liable for any inaccuracies or omissions or any direct, special, indirect or consequential damages or losses, or any other damages or losses of whatsoever kind resulting from whatever cause through the use of any information obtained either directly or indirectly from or through this Website and any decisions based on such information are the sole responsibility of the visitor / user.

LINKS TO THIRD PARTY INTERNET SITES

This Website contains links to information hosted on other internet sites, which are maintained by third parties. Use of such other internet sites is at your own risk. National Parks Traveler and the National Parks Traveler Website expressly disclaim any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by, available through, or advertised on such other third party internet sites and National Parks Traveler and the National Parks Traveler Website disclaims all liability with regard to your access to and use of such linked internet sites. Moreover, these links do not imply an endorsement with respect to any third party, any information or material on any other site.

Your interactions or dealings with companies, organizations and/or individuals found on or through the National Parks Traveler Website, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such other companies, organizations and/or individuals. You agree that National Parks Traveler and the National Parks Traveler Website will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Website, or between a user and any third party, National Parks Traveler and the National Parks Traveler Website is under no obligation to become involved, and you agree to release National Parks Traveler and its affiliates, officers, employees or agents from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the National Parks Traveler Website.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE INFORMATION, CONTENT AND PRODUCTS OFFERED ON OR THROUGH THIS WEBSITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NATIONAL PARKS TRAVELER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NATIONAL PARKS TRAVELER MAKES NO WARRANTY THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NATIONAL PARKS TRAVELER NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL NATIONAL PARKS TRAVELER, ITS AFFILIATES, OFFICERS, DIRECTORS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NATIONAL PARKS TRAVELER, ITS AFFILIATES, OFFICERS, DIRECTORS, OR EMPLOYEES, ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

ELIGIBILITY

By using this Website, you represent and warrant that:

• all registration and other information you submit, if any, is truthful and accurate;
• you will maintain the accuracy of any information you provide;
• you will not submit any personal information if you are under 13 years of age; and
• your use of this Website does not violate any applicable law or regulation.

INTELLECTUAL PROPERTY

Unless otherwise indicated, all of the content featured or displayed on the National Parks Traveler Website, including, but not limited to, still images, text, user interfaces, visual interfaces, pictorial works, video images, still images of video, graphic designs, audio recordings, eBooks, digital magazines, multimedia combinations and computer programs, including web-based programs, (“Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of Content is owned or licensed by National Park Advocates, LLC, or in the public domain, and are protected by U.S. and international copyright, trademark and other intellectual property laws.

Display advertisements for third parties are not considered Content for purposes of these Terms; however, such advertisements are owned or licensed by the respective third parties and may be subject to protections similar to those set forth in these terms.

Pursuant to the copyright and trademark laws of the United States, you agree:

Use of Content on or from this Website

You may view and use a single copy of the materials obtained from this Website for your personal, non-commercial use. Except as expressly permitted on this Website, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from this Website. No graphics, photographs or other visual elements obtained through this Website (excepting those in the public domain) may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or National Parks Traveler. You are not permitted to use the Content or materials on this Website except as expressly set forth herein.

Content made available for public download on this Website may be used, reproduced and distributed only for non-revenue generating purposes, in accordance with these Terms, provided you do not modify the Content and that all copyright, trademark and other proprietary notices contained in the Content remains intact. Additionally, you agree that such permission does not include the public display of any Content or making any derivative uses of the Content. The permission granted herein is revocable at any time, with or without cause.

You may not under any circumstances attempt to deface, shut down or otherwise damage this Website. Except for your use as authorized in this Terms of Use, you may not modify, reproduce or distribute the Content, design or layout of this Website, or individual parts or sections of the Content, design or layout of this Website, nor mirror the Content, design or layout of this Website, without the express prior written permission of National Parks Traveler.

To request permission to reproduce, modify, distribute or publicly display Content from this Website, please contact us at: [email protected]

INDEMNITY

You agree to indemnify, defend and hold National Parks Traveler, its affiliates, officers directors, employees or agents harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of this National Parks Traveler Website and/or breach of this Agreement.

NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT 

If you are a copyright owner or agent thereof and believe that Content you own has been copied and made accessible on this Website in a manner that infringes on your intellectual property rights please submit a notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to the Website Copyright Agent with the following information:

• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Website;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our COPYRIGHT AGENT can be reached as follows:

By mail:

ATTN: Copyright Agent

nationalparkstraveler.org

P.O. Box 980452

Park City, Utah 84098

United States

[email protected]

PRIVACY POLICY

Please refer to our Privacy Policy for information on how National Parks Traveler and the National Parks Traveler Website collects, uses and discloses personally-identifiable information from its users. By agreeing to these Terms, you acknowledge that National Parks Traveler and the National Parks Traveler Website may collect, use and disclose your information as described in our Privacy Policy.

USER MATERIALS AND USER INTERACTIVE AREAS

This Website may include blogs, user-generated content or other interactive areas or services (“User Interactive Areas”), in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Website (“User Posted Content”). You are solely responsible for your use of such User Interactive Areas and use them at your own risk. You are solely responsible for User Posted Content that you post on or through this Website.

By using any User Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:

• User Posted Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• User Posted Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• User Posted Content that impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Promotions, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and/or
• User Posted Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Posted Content, you represent and warrant that you have the lawful right to reproduce, publicly perform, publicly display and distribute such User Posted Content;

National Parks Traveler and the National Park Traveler Website are not liable for any User statements, User representations or User Posted Content in any Interactive Area. National Parks Traveler has the right, but does not assume the responsibility, for monitoring the National Parks Traveler Website for inappropriate content. Consequently, National Parks Traveler may delete or edit any content for any reason, without notice, including content that, in the sole judgment of National Parks Traveler is offensive, illegal or may violate the rights, harm, or may threaten the safety of any person.

Any use of the User Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the User Interactive Areas and/or the Website.

By submitting User Posted Content on or through this Website, you hereby grant to National Parks Traveler a worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such User Posted Content in any form, and National Parks Traveler may sublicense all or part of its rights under this license or assign them to third parties. You represent and warrant that:

• you own the User Posted Content you submit on or through this Website or otherwise have the right to grant the license set forth in this section;
• the User Posted Content is accurate and not misleading; and
• the posting of your User Posted Content on or through this Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

PASSWORD

You may be assigned or create a username and password with which to access certain of this Website. You agree not to use the username or password of another user at any time or to disclose your password to any third party. You agree to notify National Parks Traveler Website and National Parks Traveler if you suspect any unauthorized use of your username or access to your password. You are solely responsible for any and all uses of your username and password.

CHILDREN 

The Website is not directed toward children under 13 years of age, nor does National Parks Traveler Website or National Parks Traveler knowingly collect information from children under 13. A parent or guardian must initiate any requests for information for children under the age of 13 on their behalf.

LOCATION

The Website is operated by National Parks Traveler from its offices in the United States. The National Parks Traveler makes no representation that the Content of this Website is available or appropriate for use in other locations. Those who choose to access this Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

CHOICE OF LAW AND FORUM

All claims arising out of this Agreement or relating to this Website will be governed by the laws of the State of Utah, USA, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to this Website shall be brought exclusively in a state or federal court in or for Summit County, Utah, USA.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

OTHER

The failure of National Parks Traveler to act with respect to any failure by you or others to comply with these Terms of Use does not waive the right of National Parks Traveler to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and Agreement between you and National Parks Traveler with respect to the subject matter hereof. Any cause of action or claim you may have with respect to this Agreement or this Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.