TERMS OF USE

Updated: January 1, 2010

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

GENERAL TERMS and CONDITIONS

GENERAL and DEFINITIONS: This Web site, including all of its features and content (the “Web Site”) is a service made available by Cruz Bay Publishing, Active Interest Media, SNEWS®, or its affiliates (“Provider”) and all content, information, services and information provided on or through this Web Site (“Content”) may be used solely under the following terms and conditions (“Terms of Use”). “Subscriber” for the purposes of definition for this agreement means each person who establishes or accesses a connection (“Account”) for access to and use of SNEWS® through www.snewsnet.com. This Agreement, which incorporates by reference other provisions applicable to use of SNEWS®, including, but not limited to, supplemental terms and conditions set forth in paragraph 22 hereof (“Supplemental Terms”) governing the use of certain specific material contained in SNEWS®, sets forth the terms and conditions that apply to use of SNEWS by Subscriber. By using SNEWS® (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use SNEWS® is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any username or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.

2) Sharing of a SNEWS® and/or Law Review subscription by any format — email forwarding, print, fax, or sharing passwords — is NEVER permitted without the prior written permission from the publishers. SNEWS® reserves the right to immediately terminate a subscription and retain the unused portion of the subscription payment if we discover a subscription is being shared in any manner. If you are not a subscriber and are reading SNEWS® either online or via a printed version, you are reading an illegal copy of SNEWS®. To obtain your own subscription, simply go to www.snewsnet.com and click on Subscribe Now for detailed subscription information.

3) Web Site Limited License. As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason. Free access subscribers have limited access to SNEWS® in accordance to free SNEWS® promotions that includes no access to premium articles. Access to SNEWS® archives by free subscribers is also limited and the duration of access allowed may be increased or decreased at any time without prior notice.

4) Limitations on Use.
The Content on this Web Site is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Provider’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its Content is prohibited.

5) Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. For further information see Copyright section below..

6) Linking to this Web Site. You may provide links only to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the terms of use, the copyright notice, or other notices on this Site, (b) you give Provider notice of such link by sending an e-mail to [email protected] and (c) you discontinue providing links to this Web Site if requested by Provider. If you wish to provide links to a section within this Web Site, you should forward your request to Provider at [email protected] and Provider will notify you if permission is granted, and if so the terms and conditions of the permission.

7) License of Your Content to Provider. By uploading content to or submitting any materials for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

8) No Solicitation. You shall not distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the Provider. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate you a) may list along with your name, address and email address, your own web site’s URL and b) may recommend third party Web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.

9) Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

10) Registration. Certain sections of this Web Site require you to register. If registration is requested, you agree to provide Provider with accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing [email protected].

11) Postings in interactive areas of the Web Site.
a) Postings to be Lawful. If you participate in interactive areas on this Web Site, you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (“Postings”) which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Provider may delete your Posting at any time for any reason without permission from you.
b) Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.
c) No Monitoring of Postings. Provider has no obligation nor does it intend to edit, monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Notwithstanding the foregoing Provider reserves the right to examine from time to time, some, all, or no interactive areas for adherence to the Terms of Use and to remove any materials that may be objectionable or violate the Terms of Use.
d) Non-Commercial Use only of Interactive Areas. Any interactive area of this Web Site is provided solely for your personal use. As a participant, you shall not include in your Posting(s) or otherwise distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of the Provider. Any unauthorized use of any interactive area of this Web Site, its Content or Postings is expressly prohibited.

12) Errors and Corrections. Provider does not represent or warrant that this Web Site or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that the Content available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.

13) Third Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider.

14) Attorney Ethics Notice. If you are an attorney participating in any aspect of this Web Site, including but not limited to message boards, chat rooms or email forums, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. Provider disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any chat area on this Web Site, including but not limited to the message boards, that you will not offer legal advice, but will only provide general information.

15) Disclaimer. This Web Site And The Content Are Provided On An “As Is, As Available” Basis. Provider Expressly Disclaims All Warranties, Including The Warranties Of Merchantability, Fitness For A Particular Purpose And Non-Infringement. Provider Disclaims All Responsibility For Any Loss, Injury, Claim, Liability, Or Damage Of Any Kind Resulting From, Arising Out Of Or Any Way Related To (A) Any Errors In Or Omissions From This Web Site And The Content, Including But Not Limited To Technical Inaccuracies And Typographical Errors, (B) Any Third Party Web Sites Or Content Therein Directly Or Indirectly Accessed Through Links In This Web Site, Including But Not Limited To Any Errors In Or Omissions Therefrom, (C) The Unavailability Of This Web Site, The Content, Or Any Portion Thereof, (D) Your Use Of This Web Site Or The Content, Or (E) Your Use Of Any Equipment Or Software In Connection With This Web Site Or The Content.

16) Disclaimer of Warranty; Limitation of Liability.

(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF SNEWS® IS AT SUBSCRIBER’S SOLE RISK. NEITHER SNEWS®, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SNEWS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SNEWS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SNEWS®.

(B) SNEWS® IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT SNEWS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

(D) IN NO EVENT WILL SNEWS®, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SNEWS® BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SNEWS®. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SNEWS®.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER SNEWS®, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SNEWS®, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, SNEWS®, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

17) Indemnification. You agree to indemnify, defend and hold harmless Provider, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you.

18) Third Party Rights. The provisions of paragraphs 15 (Disclaimer), 16 (Limitation of Liability), and 17 (Indemnification) are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

19) Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

20) Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Web Site and any other Provider Web sites and their features.

21) Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of California and any action arising out of or relating to these terms shall be filed only in state or federal courts located in California and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

22) Supplemental Terms.

a) Privacy. Your use of this Web Site is subject to Provider’s Privacy Policy.
b) Additional Terms for SNEWS® Services. Your use of the SNEWS online services, case law, legal forms and other related legal materials (“SNEWS Services”) is also governed by the General Terms and Conditions for Use of the SNEWS® Services, and if applicable the SNEWS® Services Supplemental Terms for Specific Materials, (collectively the “SNEWS® Services Terms”) which are provided during the registration process for these SNEWS® Services, all of which are incorporated by reference herein. Your completion of the SNEWS® Services subscription registration process constitutes your acceptance of the Services Terms. If you do not agree with any Services Terms, you are not permitted to access the SNEWS® Services.
c) Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this Web Site, the Privacy Policy and the Services Terms and constitute the entire agreement with respect to access to and use of this Web Site and the Content. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with the Services Terms then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Notwithstanding anything to the contrary in these Terms of Use, if you have a separate signed written agreement with a Provider that applies to your use of any of that Provider’s Content, that agreement constitutes the entire agreement between you and that Provider with respect to the affected Content subject thereto (the “Otherwise Covered Content”), and these Terms of Use shall be treated as having no force or effect with respect to the Otherwise Covered Content.


COPYRIGHT
PERMITTED USES; RESTRICTIONS ON USE
Materials available in this Web site are protected by copyright law. Copyright © 2008 Cruz Bay Publishing. SNEWS® consists of GearTrends® print publications available electronically, www.geartrends.com, www.snewsnet.com, eFitBiz, and the SNEWS® Law Review. All rights reserved. No part of the materials including graphics or logos, available in this Web site may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission (to request permission to use materials, continue to our Permission Request Form). Distribution for commercial purposes is prohibited.


DISCLAIMER — Legal Information pertaining to the SNEWS® Law Review and SNEWS® content where legal reporting is provided.
December 21, 2007
SNEWS® and its agents, employees and contractors are information providers. The legal information provided herein in is for information only and should not be followed without a review by your personal or business attorney. SNEWS®, its agents, employees and contractors make every effort to insure the information provided herein is accurate, however, the law changes by jurisdiction, between states. SNEWS® cannot be held responsible for the legal accuracy of the information provided. no attorney-client relationship is formed, nor is anything submitted to this Web Site treated as confidential

The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Web Site or materials linked from this Web Site is at your own risk.

The information contained in this web site, and its associated web sites, including but not limited to SNEWSnet..com, GearTrends.com, Outdoorlawreview.com, Fitnesslawreview.com and LawQuarterly.com, is provided as a service to to our subscribers and the internet community, and does not constitute legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. If you need to review the information contained on this site, do so with an attorney who is licensed in your state and familiar with the legal issues and activities you undertake. If you need an attorney, see our list of attorneys at: www.snewsnet.com/cgi-bin/snews/law_review/Attorney_Directory.html

 


DISCLAIMER - SNEWS® View opinion
January 1, 2006
SNEWS® and its agents, employees and contractors are information providers. We are also acknowledged experts in the outdoor and fitness markets. We have been known since our electronic launch in 2002 for our opinion and expert analysis. You acknowledge that all content included under the SNEWS® View heading in any content is strictly the opinion of the authors of the article and SNEWS®.

You also acknowledge that SNEWS® encourages debate and discourse and has provided a means for you to disagree with any SNEWS® article and/or opinon voiced in the SNEWS® View within the SNEWS® Chat section that appears at the end of every article.

 


CORRECTIONS
December 21, 2007
SNEWS® endeavors to correct errors within its reported stories promptly and prominently. Errors perceived to be contained within reported stories should be brought to our attention immediately by calling us at (530) 268-8295 or emailing us at [email protected]. You acknowledge that any request for a correction in SNEWS® content must be submitted in writing by email only, and that SNEWS® will investigate all claims regarding perceived errors before making a correction and, if a correction is needed, SNEWS® will determine the best method for addressing that correction. Requests for corrections need to be accompanied with evidence supporting the claim of an error. Requests for corrections made by fax are not accepted. All requests for corrections made by phone will require factual evidence be submitted by email or if we request it, mail before the correction will be considered.

 


ABOUT SNEWS® SUBSCRIPTION RATES AND POLICIES
December 21, 2007
Specialty News (SNEWS®) is a Web-based, subscription-only ,
insider voice and news service published for subscribers only at www.snewsnet.com. SNEWS® is updated as important news breaks with weekly email SNEWS® News Digests sent to subscriber emails. Individual subscriptions are $195. Group subscription rates at $130 per subscriber. Flat-rate company subscriptions are $2,400 with no limit on the number of subscribers. Contact the SNEWS® sales offices by email at [email protected] for more information. .

23) Modifications to Terms of Use. Provider reserves the right to change these Terms of Use at any time without notification. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Web Site after any such changes constitutes your consent to such changes.