Effective as of October 31, 2017

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Agreement between User and www.humeengineering.com

The www.humeengineering.com website (the "Site") is comprised of various web pages operated by Hume Engineering, LLC ("HE"). www.humeengineering.com is offered to you conditioned on your acceptance without modification of this waiver and release of liability contained herein (the "Waiver"). Your use of www.humeengineering.com constitutes your agreement to all terms and conditions contained within this Waiver. Please read this waiver and release of liability carefully, and keep a copy of it for your reference.

 

Privacy

Your use of www.humeengineering.com is subject to HE's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Terms of Use

Your use of www.humeengineering.com is subject to HE's Terms of Use. Please review our Terms of Use, which also governs the Site and informs users of our terms and conditions.

 

Definitions

GeoCamping: An activity where in the participant uses the GPS location of an off trail back woods campsite to find and ultimately hike to said place for the purposes of camping. Skills necessary for the activity include, but are not limited to hiking, orienteering, and map reading. The activity also requires a knowledge of the outdoors, camping, survival techniques, local regulations, park rules, camping and hiking etiquette, and basic first aid.

 

Gender

Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

 

In consideration of the risk of injury due to the use of information found on the Site or while participating in any activity sanctioned by or suggested by the Site, including but not limited to GeoCamping, hiking, camping, backpacking, and biking, (the “Activity”), and as consideration for the right to use information from the Site or to participate in the Activity, the user hereby, for himself, his heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enters into this waiver and release of liability and hereby waives any and all rights, claims or causes of action of any kind whatsoever arising out of his participation in the Activity, and does hereby release and forever discharge Hume Engineering, LLC, located in Inman, South Carolina 29349, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that the user may suffer as a direct result of his use of information from the Site or participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

 

THE USER IS VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND HE SI PARTICIPATING IN THE ACTIVITY ENTIRELY AT HIS OWN RISK. THE USER IS AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. THE USER UNDERSTANDS THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM HIS OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, THE USER ASSUMES ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO HIM, OF HIS PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

 

The user agrees to indemnify and hold harmless Hume Engineering, LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by him or anyone on his behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by the user or by anyone else acting on his behalf. If Hume Engineering, LLC incurs any of these types of expenses, the user agrees to reimburse Hume Engineering, LLC.

 

The user acknowledges that Hume Engineering, LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Hume Engineering, LLC.

 

THE USER ACKNOWLEDGES THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack or hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

 

THE USER ACKNOWLEDGES THAT HE HAS CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTANDS THAT IT IS A RELEASE OF LIABILITY. HE EXPRESSLY AGREES TO RELEASE AND DISCHARGE Hume Engineering, LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND HE AGREES TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT HE OTHERWISE HAS TO BRING A LEGAL ACTION AGAINST Hume Engineering, LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.

 

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Hume Engineering, LLC, its agents, and employees.

 

In the event that the user should require medical care or treatment, he agrees to be financially responsible for any costs incurred as a result of such treatment. He is aware and understands that he should carry his own health insurance.

 

In the event that any damage to equipment or facilities occurs as a result of the users or the users family's willful actions, neglect or recklessness, he acknowledges and agrees to be held liable for any and all costs associated with any actions or neglect or recklessness.

 

The user agrees that they will not disclose, divulge, reveal, or report, for any purpose, any information which the user has obtained, except as authorized by HE, from the Sites with any other individuals, groups, organizations, businesses, spectators, or others who may participate in the Activity (collectively “Individuals”). If the user wishes to share the information with other Individuals, the Individuals shall be directed to the Sites so they can read and agree to all Terms, Policies and Waivers before they will be permitted to view and use the information produced by and contained within the Sites.

 

This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, the user, and Hume Engineering, LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

 

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

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I, the user and/or participant, affirm that I am of the age of 18 years or older, and that I am freely accepting this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am accepting it of my own free will. By clicking the “Accept and Proceed to GeoCamping Site Listings” button below I am agreeing to be bound by all terms and conditions of this Waiver.

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