Terms of Use - BasecampTH3

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.

By accessing or using this website, mobile application or other Basecamp3, LLC Th3 product or service (collectively the "Platform") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of Basecamp3, LLC Th3. Basecamp3, LLC Th3 may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

PHYSICAL ACTIVITY NOTICE

The Platform includes features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Basecamp3, LLC Th3 is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.

INTELLECTUAL PROPERTY

All intellectual property on the Platform (except for addressed and credited authors within Basecamp3, LLC Th3 library content) is owned by Basecamp3, LLC Th3 or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., logo and taglines) are owned, registered and/or licensed by Basecamp3, LLC Th3. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Basecamp3, LLC TH3; All rights reserved.

PLATFORM USE RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase Basecamp3, LLC Th3 products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without Basecamp3, LLC Th3 prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

PRODUCT ORDERS

All orders placed through the Platform are subject to Basecamp3, LLC Th3 acceptance. This means that Basecamp3, LLC TH3 may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Basecamp3, LLC Th3 will issue you a refund.

SAFEGUARD YOUR USERNAME/PASSWORD

You are responsible for any actions that take place while using your Basecamp3, LLC TH3 account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. Basecamp3, LLC Th3 is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give Basecamp3, LLC Th3 legally sufficient notice to Basecamp3, LLC Th3 of infringement. Send copyright infringement complaints to:

Legal Department (Copyright)
3 Monroe Parkway P#322 Lake Oswego, Or 97035
Telephone: 503-539 7494
We suggest that you consult your legal advisor before filing a notice with Basecamp3, LLC Th3 copyright agent, because there may be penalties for false claims.

LINKS

The Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). Basecamp3, LLC Th3 does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Basecamp3, LLC Th3 is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

MOBILE SERVICES

The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Basecamp3, LLC TH3 mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Basecamp3, LLC, TH3, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

PRIVACY

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person. Basecamp3, LLC Th3 is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. Basecamp3, LLC Th3 is under no obligation to become involved with any user dispute, but may do so at its own discretion.

LIMITATION OF LIABILITY

BASECAMP3, LLC TH3 SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, PERSONAL INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A BASECAMP3, LLC TH3 EVENT OR ANY USER GENERATED CONTENT, EVEN IF BASECAMP3, LLC TH3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST BASECAMP3, LLC TH3 FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF BASECAMP3, LLC TH3 IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, BASECAMP3, LLC TH3 LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MISCELLANEOUS

You agree that this Platform shall be deemed a passive website solely based in Oregon, USA, which does not give rise to personal jurisdiction over Basecamp3, LLC Th3 in jurisdictions other than Oregon. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and Basecamp3, LLC Th3 shall be governed in all respects by Oregon law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. These Terms of Use are further subject to Oregon Revised Statutes Chapter 72, "Sales". Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of Basecamp3, LLC Th3 products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Clackamas County, Oregon. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Clackamas County, Oregon. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of Basecamp3, LLC Th3 products) must be commenced within one (1) year after the claim or cause of action arises. By using the Platform, you agree to receive certain electronic communications from Basecamp3, LLC Th3. You agree that any notice, agreement, disclosure or other communication that Basecamp3, LLC Th3 sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Basecamp3, LLC TH3 failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Basecamp3, LLC Th3 may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

TERMINATION

Basecamp3, LLC Th3 reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. Basecamp3, LLC Th3 also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.