Please read these Terms of Use (“Terms”) carefully. By accessing or using the Site, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site.
1. Who may use the Site
You must be at least 18 years old, or at least 13 years old with verifiable parental consent where required, to use the Site in a way that involves submitting personal information. The Site is not directed to children under 13. See our Privacy Policy for more information.
2. Informational content only
Content on the Site (including text about walking, health, gear, or routes) is for general information and community organization only. It is not medical, legal, or professional advice. Always consult a qualified professional regarding health, fitness, or legal questions. Participation in any physical activity carries inherent risk.
3. Community walks and events
Information about walks, meet-ups, or routes on the Site is provided as a convenience. Unless we expressly state otherwise in a signed written agreement with you:
- We do not guarantee that any walk will occur, that routes will be safe or suitable for you, or that information will be complete or error-free;
- You participate in any in-person activity voluntarily and at your own risk;
- You are responsible for following applicable laws, park rules, traffic rules, and signs while walking in Eugene, Oregon, and elsewhere;
- You should use good judgment about weather, lighting, trail conditions, and your own abilities.
To the maximum extent permitted by applicable law, we are not liable for injuries, losses, or disputes arising from participation in community activities described on the Site.
4. Acceptable use
You agree not to:
- Use the Site in violation of any law or regulation;
- Harass, threaten, defame, or discriminate against others;
- Upload malware, attempt unauthorized access, or disrupt the Site;
- Scrape, data-mine, or automate access to the Site in a way that burdens our systems without our prior written consent;
- Misrepresent your identity or affiliation;
- Collect personal information about other users without lawful rights and clear notice.
5. Accounts, forms, and communications
If you submit a contact form, email signup, or similar information, you represent that the information is accurate to the best of your knowledge. You agree that we may communicate with you about your request and, where you have opted in, about walks and community news, as described in our Privacy Policy.
Calls and text messages (TCPA)
We do not send marketing SMS or automated telemarketing calls based only on your visit to this Site. If you provide a phone number, we use it to respond to your inquiry unless you separately agree in writing or as otherwise required by law to receive additional marketing calls or texts, consistent with the Telephone Consumer Protection Act (TCPA) and related Federal Communications Commission rules where they apply.
Endorsements and reviews (FTC)
If we publish testimonials, reviews, or similar endorsements in the future, we will clearly disclose any material connection with the endorser (for example, compensation or free services), in line with the Federal Trade Commission’s Guides Concerning Use of Endorsements and Testimonials in Advertising.
6. Intellectual property
The Site and its original content, features, and design elements are owned by us or our licensors and are protected by United States and international intellectual property laws. You may view and print pages for personal, non-commercial use. You may not copy, modify, distribute, publicly display, or create derivative works from the Site or our content without our prior written permission, except as allowed by law.
7. Third-party links and embeds
The Site may contain links to third-party websites or embedded content (such as maps). We do not control and are not responsible for third-party content, terms, or privacy practices. Your use of third-party services is at your own risk.
8. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
Some states do not allow certain disclaimers; in those states, our warranties are limited to the extent permitted by law.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, VOLUNTEERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR COMMUNITY ACTIVITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNTS YOU PAID US (IF ANY) FOR SERVICES DIRECTLY RELATING TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Indemnification
You agree to defend, indemnify, and hold harmless Eugene Morning Walkers and its volunteers and service providers from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Site, your violation of these Terms, or your violation of any rights of a third party.
11. Governing law and venue
These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law rules that would require another state’s laws to apply. For any dispute not subject to informal resolution, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Lane County, Oregon, except that we may seek injunctive relief in any court of competent jurisdiction.
12. Dispute resolution (informal)
Before filing a claim, you agree to contact us using the information on our Contact page and attempt to resolve the dispute informally for at least thirty (30) days.
13. Changes to these Terms
We may modify these Terms at any time by posting the updated version on this page and updating the “Last updated” date. Your continued use of the Site after changes become effective constitutes your acceptance of the revised Terms. If you do not agree, stop using the Site.
14. Severability and waiver
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce a provision is not a waiver of our right to enforce it later.
15. Entire agreement
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the Site and supersede any prior understandings on the same subject.
16. Contact
Questions about these Terms: use the details on our Contact page.