The use of ExpeditionSpike.com, including all materials and all online services provided by ExpeditionSpike.com is subject to the following terms and conditions of use. By using ExpeditionSpike.com, you agree and acknowledge reading, without modification, to the following terms and conditions.
1. Updates To Terms & Conditions
Please read these Terms carefully. By using our website, you agree to be bound by and to comply with these Terms. If you do not agree, you are not authorized to use our website. We may update these Terms from time to time, so please review them regularly. Your continued use of our website after updated Terms have been posted constitutes your consent to the updated Terms.
Please note that certain areas of our website may offer features and information that are governed by supplemental policies and terms (“Supplemental Terms”). Supplemental Terms listed below and elsewhere on our website are hereby incorporated into these Terms and govern your use of those features and related activities.
2. Privacy Policy
Please review our Privacy Policy, which is a part of these Terms.
3. Website Content
All content on our website is protected by copyright and owned by ExpeditionSpike.com and its licensors. If you wish to use any content in any manner, please contact ExpeditionSpike.com
- you will not impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- you will not reproduce or resell any website content or services by any means;
- you will use our website and services only as explicitly authorized and in compliance with these Terms and our policies made available to you;
- you will not use any robot, spider, site search or retrieval application, or other manual or automatic means or process to retrieve, extract, index or data mine any data or content on our website or in any way reproduce or circumvent the navigational structure or presentation of our website or any content herein; and
- you will not imply or state that we endorse any statements, actions, goods, services, or activities; and
7. Termination of Use
You acknowledge and agree that we have the sole discretion at any time with or without notice and in whole or in part to execute the following:
- to modify or terminate our website, content and services;
- to modify any eligibility criteria; and
- to suspend or terminate any user’s access to our website or services.
8. Disclaimers
This website’s content is provided as a source of general information on trademarks and related intellectual property issues. If you need legal advice or representation, please consult with legal counsel in your own relevant jurisdiction. Trademark and related intellectual property laws vary from country to country and between jurisdictions in some countries. Therefore website content will not be relevant or accurate for all countries or jurisdictions. 1mcMedia LLC & ExpeditionSpike.com reserves the right to modify website content (including any price information), in whole or in part, without notice at any time for any reason.
OUR WEBSITE, SERVICES, AND CONTENT ARE OFFERED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE, SERVICES, AND SITE CONTENT (INCLUDING USER CONTENT), INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US), AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, QUALITY, COMPLETENESS, TIMELINESS, SUITABILITY, OR RELIABILITY OF ANY SERVICES OR CONTENT (INCLUDING USER INFORMATION) AVAILABLE THROUGH OUR WEBSITE OR THROUGH LINKS TO THIRD-PARTY SITES, INCLUDING THAT OUR WEBSITE, SERVICES OR CONTENT (INCLUDING USER INFORMATION) WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OTHER ISSUES CONCERNING OUR WEBSITE, SERVICES, AND CONTENT. IF YOU RELY ON OUR WEBSITE, SERVICES, OR CONTENT (INCLUDING USER CONTENT), YOU DO SO ENTIRELY AT YOUR OWN RISK.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS TO OUR SITE, WE DO NOT WARRANT THAT OUR WEBSITE, SERVICES OR CONTENT (INCLUDING USER INFORMATION) WILL BE FREE FROM SUCH ELEMENTS AND WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.
9. Limitation of Liability
EXPEDITIONSPIKE.COM AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, DAMAGE, LIABILITY, OR INJURY ARISING FROM YOUR USE OF OUR WEBSITE, SERVICES OR CONTENT (INCLUDING USER CONTENT), FROM ANY THIRD-PARTY SITES OR FROM YOUR BREACH OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL 1MCMEDIA LLC & EXPEDITIONSPIKE.COM OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITE, SERVICES OR CONTENT (INCLUDING USER INFORMATION), ANY THIRD-PARTY SITES OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY DIRECT OR OTHER DAMAGES OF ANY NATURE ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, OUR WEBSITE, SERVICES OR CONTENT (INCLUDING USER INFORMATION) WILL BE THE GREATER OF (1) ANY FEES YOU PAID TO 1MCMEDIA LLC & EXPEDITIONSPIKE.COM IN THE IMMEDIATELY PRECEDING SIX MONTHS AND (2) $US 50.00 SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT DOWNLOADING ANY SITE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY COMPUTER, DEVICE, NETWORK, SOFTWARE, OR HARDWARE OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
10. Indemnification
You agree to indemnify and hold ExpeditionSpike.com and its directors, officers, employees, service providers, and agents harmless against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that any of the indemnified parties may incur arising out of or related to your use of our website, content or services (including User Information) or Third-Party websites or your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.
11. General Provisions
These Terms, which include the Privacy Policy, are the complete agreement between you and ExpeditionSpike.com regarding your use of our website, content (including User Information), and related services and activities and supersede all other prior agreements (oral or written) regarding its subject matter except that you will also be governed by any (A) Supplemental Terms we provide in connection with particular features and services; and (B) additional agreements we enter into with respect to specific activities (e.g., submitting an article). These Terms are governed by and should be construed according to the laws of the State of Arizona applicable to agreements made and performed in Arizona. If you choose to access our website from jurisdictions other than the United States, you are responsible for complying with any applicable local laws. Except to the extent the arbitration below may apply, you irrevocably agree:
(i) to bring any claim or dispute relating to your use of our Site, Site Content, and services and these Terms exclusively in the state and federal courts located in the State and County of Arizona;
(ii) to submit to the exclusive jurisdiction of those courts; and
(iii) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without our prior written consent, and any attempted assignment will be null and void.
If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law. These Terms create no joint venture, agency, partnership or similar relationship. Our failure to assert any right under these Terms will not be considered a waiver of that right unless the waiver is in writing. The word “including” in these Terms is intended to be illustrative and means “including without limitation.” These Terms may not be interpreted or construed to confer any rights or remedies on any third parties.
YOU AGREE THAT YOU MUST BRING ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR WEBSITE, CONTENT (INCLUDING USER INFORMATION), AND SERVICES WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, YOU AGREE TO HAVE PERMANENTLY WAIVED YOUR RIGHT TO BRING THE CAUSE OF ACTION.
12. Arbitration
At our sole discretion, we may require you to submit any disputes arising under these Terms (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination) to final and binding arbitration in Tucson, AZ under the Rules of Arbitration of the American Arbitration Association applying Arizona law. If this arbitration provision is invalidated in whole or in part, you and ExpeditionSpike.com agree that the federal and state courts located in Arizona will be the exclusive jurisdiction and venue for any claim arising out of these Terms & Conditions and your use of our website.
Contact Us
If you have any questions concerning our site, please contact us at Spike@ExpeditionSpike.com