Terms and Conditions

For HIKEArmenia

as of June 14, 2018

1. General Terms

1.1 By using or accessing the HIKEArmenia website (the Website), you acknowledge that you agree to and are subject to the following terms and conditions and the privacy policy (collectively, the Terms).  If you do not fully agree to these Terms, Privacy Policy and any other terms and conditions posted or linked to the Website, you are not authorized to access or otherwise use the Website. Under these Terms, "use" or "access" of the Website specifically includes any direct or indirect access or use of the Website or any cached version of the Website and any direct or indirect access or use of any information or content on the Website, regardless of how obtained and the term "Website" includes, without limitation, any cached version thereof.

The Website is owned and operated by HIKEArmenia Foundation, hereinafter also referred to as HIKEArmenia, We, Our, and/or Us.  HIKEArmenia is a foundation duly registered and validly existing under the laws of Armenia.

You should read through all the Terms carefully.  The Terms constitute a legally binding agreement between you and us. You are not authorized to use this Website unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18. By using and or accessing the Website you confirm your capacity to enter into a valid contract with HIKEArmenia according to Terms.

References in the Terms to you, your, yours, and/or yourself refer to you.

1.3 HIKEArmenia may amend the Terms at any time, and will update the Terms, without any prior notice to you. Your continued use of the Website after such amendments will constitute acceptance of the amendments by you.

2. The Scope of Use

2.1 You are permitted to access and/or use the Website including the services on the Website solely for your personal, non-commercial use in accordance with the Terms.

2.2 HIKEArmenia does not warrant that:

(a) usage of the Website, including any of the services, will be uninterrupted;

(b) the content of the Website, including any information posted on the Website, is or will be correct, up to date or error free;

(c) the Website or any of the equipment associated with the operation or delivery of the Website will be free of viruses, worms, or other harmful components.

(d) you warrant that you will not use this Website for any purpose that is prohibited by Terms or in a manner that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, and you warrant that you will not use the Website to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, profane or other inappropriate and/or unlawful material.

2.3 You acknowledge that HIKEArmenia expressly prohibits and you agree not to access or use the Website to:

(a) provide any false, misleading or deceptive information, including without limitation about your identity or employment record;

(b) collect and/or spread any information about other users of the Website;

(c) take any action that imposes a burden on the Website's infrastructure and will interrupt the Website.  

(d) distribute or upload any virus or any other program operations through the Website;

(e) take any action against the laws of the Republic of Armenia.

3. Intellectual Property Rights

3.1 Except for any information supplied by you, all software, content and trademarks of the Website are the intellectual property rights of HIKEArmenia or, accordingly, another party. Any content on the Website can be used by you only in accordance with the Terms.

3.2 HIKEArmenia grants you a license to access, use, download and print the Website content for any personal, non-commercial purpose.

3.3 HIKEArmenia explicitly prohibits use of the Website to:

(a) modify, copy, adapt, resell or redistribute any content in the Website;

(b) any commercial use of the Website content, unless such use is authorized in prior writing by HIKEArmenia;

(c) any action that can mislead or deceive any person that the content of the Website is from a source other than the Website;

(d) any use or access to the Website by any automatic tool.

3.4 You grant to HIKEArmenia a non-exclusive, worldwide, transferable, sub-licensable royalty-free license to use, copy, modify and adapt all intellectual property rights in any material submitted by you over the Website.

3.5 You agree that HIKEArmenia may do all things necessary to work and cooperate, in accordance with the laws of the Republic of Armenia, with law enforcement authorities and any other government in relation to your access and use of the Website, including without limitation providing all such information about you and your access and use of the Website.

4. Limitation of Liability

4.1 IN NO EVENT WILL HIKEARMENIA, ITS AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE HIKEARMENIA TEAM) BE LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) THE Website, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE WEBSITE BY YOU OR ANY THIRD PARTY (E) ANY USER CONTRIBUTED CONTENT, AND/OR (F) INTERACTION BETWEEN THE WEBSITE AND ANY THIRD PARTY SITE, INCLUDING, WITHOUT LIMITATION, A SOCIAL MEDIA SITE, FACILITATED BY OUR WEBSITE, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US WITH RESPECT TO THESE TERMS OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE WEBSITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE HIKEARMENIA TEAM, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO $100.00 IN THE AGGREGATE FOR ALL CLAIMS.

4.2 You are responsible for and hereby agree to indemnify any damage caused by your action and/or inaction to HIKEArmenia, according to the laws of the Republic of Armenia.

4.3 Some of the services on the Website are provided by third parties and HIKEArmenia is not responsible for information or any services provided by third parties.

4.4 The Website may contain links to Websites or resources that HIKEArmenia does not control, and HIKEArmenia is not responsible for the content of such Websites and resources.

5. Disclaimer

5.1 THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS."  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES.  FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6. Miscellaneous

6.1 The Terms and any matter arising from it are governed by the legislation of the Republic of Armenia.   

6.2 All disputes arising out of or in connection with these Terms shall be settled through negotiations.  Should the negotiations fail, the disputes will be resolved by the courts of the Republic of Armenia.

6.3 If any provision of these Terms is rendered void, illegal or unenforceable by any law to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further.