SportsmanLog is developed and managed by My Code Matters LLC and licensed to Extreme Cold/KYSEK.
My Code Matters LLC.
Customer Terms of Use
As of June 30, 2018

User Agreement

This user agreement is a binding contract that contains important terms governing our obligations to you as our customer and your use of our products and services. Please read it carefully. Thank you.

Introduction

What is included in this Agreement.

Mycode Matters LLC ("MCML") designs and develops innovative, powerful tools and services that help outdoors man track, store and analyze their outdoor trips and share and receive information in a community of outdoors men ang women. This User Agreement ("Agreement") is an agreement solely between you and MCML. It governs your use of our trip-tracking devices, mobile applications, websites, online community and other products and services we provide. In this Agreement, we refer to these products and services collectively as the "MCML Services," and the terms "we", "us" and "our" refer to MCML. Please note that the section headings and summaries or blurbs are just tools to help organize and highlight this Agreement; they are not part of the Agreement itself.

Our Privacy Policy is an important part of this Agreement,. This Agreement, including our Privacy Policy, is posted at www.mycodemattters.com/sml/privacy

We provide the MCML Services only under this Agreement. By clicking on the "agree" or "accept" button, or by using or accessing any MCML Services, you agree to the terms and conditions in this Agreement. If you do not accept this Agreement, please do not use or access any MCML Services.

Changes to this Agreement

This Agreement gets updated, like software.

We update this Agreement from time to time to reflect changes in our technology, our business, the law, and tools and technologies that we or our users or partners use in connection with the MCML Services. We post the latest version of this Agreement at our website www.mycodemattters.com/sml/privacy along with a brief description of any major changes since the last version. By continuing to use MCML Services, you agree that the changes we have made to this Agreement apply to you.

User Accounts and Registration

You must sign up if you want to use MCML products and services.

To use the MCML Services, you must create a user account with certain basic, true information about yourself. When it comes to your account information, we are responsible for complying with our Privacy Policy, and you agree that you are responsible for keeping your account credentials confidential and for all activities under your account, even if they were not authorized by you.

You must be at least 13 years old to use the online parts of the MCML Services. If you are at least 13 years old but less than 18 years old, please make sure your parent or guardian reads this Agreement and agrees to set up a user account for you, otherwise, you may not use the online parts of the MCML Services.

You agree to let us know right away of any unauthorized access to your account or login information. We cannot be responsible for any activities of anyone who has fraudulently accessed your account or any other fraudulent behavior by third parties.

It is important that we be able to reach you to provide information about your account or notices about the MCML Services you use. You agree that we may send you these types of communications, and you agree to keep your account information accurate, complete, and up-to-date.

In your account settings, you may elect to receive or not receive other types of communications. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

License to Use the MCML Services

The MCML Services are for your personal use under this Agreement. Here are the details of our license grant to you.

The MCML Services are for your personal use under this Agreement. If you want to use them for business purposes, please contact us, and we will be happy to discuss entering into a separate, business Agreement with you.

You may use the MCML Services in connection with your personal outdoor activities Unless you have a separate, written agreement with MCML that says otherwise, you agree not to use the MCML Services for business or any other, non-personal purpose. Specifically (and technically), MCML grants you a personal, limited, non-exclusive, non-transferable, non-sub licensable license to:

• access and view content provided by you and, to the extent shared by them, other users
• access and use the software and mobile applications made available by MCML as part of the MCML Services solely on devices owned or controlled by you and for which the software or mobile applications are intended

License Restrictions

The license to use our products and services has some limitations and restrictions.

Our license to you is intended to allow you to use and benefit from the MCML Services, but it is not unlimited. You agree not to do (or help others to do) the following:

• access the MCML Services other than through your own user account using hardware and software provided, authorized or approved by MCML
• access or tamper with non-public areas of the MCML Services and systems, including any services or systems of our technology partners or providers
• disable, hack, work around, or otherwise attempt to override or vulnerability-test any security measures associated with the MCML Services
• scrape, mine, "sniff" or copy information of MCML or other MCML users by any means, including crawlers, browser plugins or add-ons, or any other means, whether automated or manual
• access, copy, modify, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of any software provided by MCML
• export any MCML Services to, or use any MCML Services in, any country that the U.S. government considers to be a terrorist-supporting country or against which the U.S. government has imposed an embargo
• reproduce, mirror, frame or otherwise misappropriate any part of the MCML Services or any intellectual property or other materials or content owned or licensed by MCML or other MCML users
• use the MCML Services in any manner not expressly permitted by this Agreement.

Some types of license restrictions are not allowed by applicable law. Where that is the case, our restrictions should be interpreted to the fullest extent allowed by applicable law.

System Requirements

MCML Services works with your other technology, like your mobile phone

To use the MCML Services, you need a mobile device or computer that meets certain technical requirements. MCML Services will run on Android devices 4.1 and higher and iOS 9 and higher. The performance of your equipment or services from third parties, such as cellular or internet service, may affect the performance of the MCML Services.

Your Content and Your Activities Using the MCML Services.

Please be a good MCML citizen. We give you full control of the how and what content you choose to share. We will not share Your Content without your consent.

Some parts of the MCML Services include the ability for you and only you to share your items and information ("Your Content") with other users who use the MCML Services or with others through social media services not related to MCML. You control of this type of sharing.

If and whenever you use the MCML Services to post Your Content or comment on or otherwise interact with MCML or other MCML users or other social media users, you agree that:

• You are responsible for Your Content. By posting Your Content, you promise that you own or have all the rights legally required for you to post Your Content.
• You are granting a limited license to MCML for Your Content. Specifically (and technically), you grant MCML a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content, but only in connection with operating and providing the MCML Services. You still have all the rights in Your Content that you started with.
• You are promising that Your Content, and the posting and use of Your Content on the MCML Services will not:
  • be deceptive, misleading or fraudulent
  • be pornographic, offensive, vulgar or obscene
  • be defamatory, abusive or threatening
  • suggest or encourage violence, bigotry, hatred, harassment or harm against anyone
  • suggest or encourage illegal or harmful activities
  • violate or take improperly anyone's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy

In keeping with the personal nature of the license granted to you, you agree not to post, advertise, or promote products or services or solicit other MCML users using the MCML Services.

Some users may provide their contact information to other users. We cannot be responsible for the content of communications sent to you by other users or from third parties. If you receive contact information from other users, you agree not to send unwanted communications, email "spam" or other content that would be in violation of this Agreement if posted directly to the MCML Services.

We may monitor any access or use of the MCML Services and any content, including Your Content, to confirm compliance with this Agreement or applicable law. We may disclose unlawful conduct to the applicable authorities, and we may cooperate with law enforcement if asked to do so. We may remove any content, including Your Content, or disable access to the MCML Services or suspend the MCML Services at any time, if we determine in our sole discretion that any content, or Your Content, or any activities associated with your account are illegal, objectionable or in violation of this Agreement.

You are solely responsible for backing up any materials that you post as Your Content. Of course we backup our data, but we have no legal obligation to backup Your Content, and if you or we terminate, disable or delete your account under this Agreement, we will have no obligation to provide you with any copies of Your Content.

Intellectual Property

A brief word about intellectual property

The MCML Services and all information, materials, other content and technology included in or made available through the MCML Services are owned by MCML or its licensors and are protected by intellectual property laws in the United States and other countries. You agree not to remove or tamper with any intellectual property notices (such as copyright and trademark or other, similar notices) in the MCML Services. You also agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit all or any part of the MCML Services except as permitted in this Agreement.

This Agreement contains specific licenses expressly granted to you. No other licenses (such as implied licenses) or other rights are granted under this Agreement.

Changes to the MCML Services

We are always working to improve and update our products and services.

We may change, add to, suspend or terminate any part of the MCML Services at any time without notice and without liability to you or any third party for doing so. We may provide updates to the MCML Services at any time, and such updates may be automatically downloaded and installed by your MCML device(s) or your computer or mobile device without notice.

Your Feedback and Suggestions

Thank you in advance for your feedback.

We are grateful for your feedback, especially when we are "beta" testing one of our products or services. But we must be very clear that unless you have a separate, written agreement with us that specifies otherwise, you agree that any suggestions, comments, ideas, or feedback you provide to us will automatically be owned by us to use however we wish, without any restriction or compensation to you.

If you object to this policy, we understand, but then please do not send us any suggestions, comments, ideas or feedback, and please do not participate in any of our "beta" programs.

Copyright Infringement and the Digital Millennium Copyright Act (the "DMCA")

A bit more about copyright infringement in particular.

Since part of the MCML Services includes social media, we need to include here a separate section about copyright law.

We may disable or terminate the accounts of users who repeatedly infringe the copyrights of others.

If you believe that any material available through the MCML Services infringes on your copyrights, you may report the alleged infringement by providing certain information to us as specified below.

When we receive a complete and valid notice, we will take the action that we think is appropriate, including removal of the infringing material. We may notify the user who provided the infringing material so that he or she can respond to the notice.

Please note that if you materially misrepresent that something is infringing, you could be liable for damages under section 512(f) of the Digital Millennium Copyright Act or similar laws in other jurisdictions or countries. The full text of the DMCA can be found here: ( http://www.copyright.gov).

A complete and valid infringement notice must meet the following requirements:

• Identify your infringed copyrighted work(s)
• Identify the material that you believe is infringing your copyrighted work(s) and that is to be removed or made inaccessible.
• Provide information sufficient to permit us to locate the material, including, if applicable, the URL of the site(s) where the material may be found.
• Provide your mailing address, telephone number and email address. (Note that we may provide your contact information to the person who posted the material you are reporting.)
• A statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
• Your full legal name and your electronic or physical signature.

Please deliver the completed notice to My Code Matters LLC, PO BOX 2558, Mandeville, LA, 70470.

Warranties and Disclaimers

Important disclaimers.

If you purchased an MCML device from us or through a retailer, your MCML device is subject to the warranty described on the packaging or in the materials that came with the device or applicable purchase order or terms of sale.

Except for any specific warranties in this Agreement or included in the materials that came with your MCML device, the MCML Services (including ALL "beta" versions of any MCML product or service) are provided "as is," without any warranty of any kind. We explicitly disclaim all warranties of merchantability, fitness for a particular purpose, non-infringement and all warranties arising out of "course of dealing" or "usage of trade."

You understand that some functions and information incorporated into or used or accessed by the MCML Services depends on other sources, such as your mobile telephone, internet or cellular service providers, map or weather service providers or other users.

We cannot and do not warrant that the MCML Services will meet your requirements or be available to you on an uninterrupted, secure or error-free basis. We also cannot and do not make any warranties regarding the quality, accuracy, completeness or reliability of the MCML Services or any content made available through the MCML Services.

Term and Termination

In case we part ways, here are the details about termination.

You may use the basic, free version of the MCML app, and other apps or software that MCML makes available for free, for as long as you like, unless we have to terminate your permission to do so because of a breach of this Agreement by you. The basic, free version or free access to MCML products does not generally include all of the features available to premium users.

If you are a premium user, you may use the premium version or access premium features of the MCML Services for the duration of your premium subscription. You may also purchase a subscription to the premium features of the MCML Services directly from MCML.

If you violate this Agreement, we have the right to disable or terminate your account with us at any time, in our sole discretion, and we will not be liable to you for doing so. We may also delete Your Content and any other information provided by you or related to your account.

Of course, you may cancel your account at any time by contacting us techSupport@mycodematters.com and discontinuing to use the MCML Services.

Even if your account is terminated, some terms of this Agreement will continue to apply. Specifically, terms related to payment, Your Content and other information provided by you, intellectual property, liability, disputes and miscellaneous terms that by their nature are intended to survive termination of a contract will survive termination of your account. Our obligations under our privacy policy will also survive.

Fees and Payments

How our fees and payments work

The free versions of our mobile app and other web-based parts of the MCML Services are free. You can use them to track a limited number of outdoor trips, and check out the many cool features we have to offer.

For premium MCML Services, you agree to pay our listed fees for the duration of time selected when you signed up. You agree that we may charge your credit card and automatically renew the charge for the duration of your premium membership until you cancel. We may use a third party credit card payment processor to process any payments. Premium subscriptions to MCML Services renew automatically, but you can always opt not to renew, and you may cancel your premium subscription at any time in your account settings area on our site. Please note that cancellations take effect at the end of the subscription period in which you cancelled. We cannot issue refunds for subscriptions. If your credit card is invalid or charged back, or if we do not receive payment when due, we may at will cancel or suspend your premium member benefits.

Links and Services from Third Parties

Other companies.

Depending on the particular MCML Services you use and your user settings, the MCML Services may contain links to products and services provided by third parties who are not under our control. We are not responsible for any third-party products or services.

Similarly, third parties are not responsible for any MCML Services. For example, if you downloaded an MCML app from a third-party app store, the third party has no obligations to you under this Agreement, and you have no claims against the third party under this Agreement. Specifically, the third party has no obligations to provide any maintenance or support for any MCML Services, and you have no claims relating to maintenance or support, warranties, intellectual property infringement, legal or regulatory requirements, or consumer protection laws under this Agreement. But the third party and its affiliates are "third-party beneficiaries" of this Agreement, which means that they can enforce the terms of this Agreement against you. The third party may also have terms and conditions that apply to your use of its app store. Those terms and conditions are between you and the third party and are not part of this Agreement.

Choice of Law and Dispute Resolution

Ground rules, in the unlikely case we have a dispute.

Any disputes between us relating to this Agreement or the MCML Services shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflicts-of-laws principles.

If we are unable to resolve any dispute between us on our own, you agree that all disputes between us (except as set forth below) shall be resolved through binding arbitration under the arbitration rules of the American Arbitration Association ("AAA") in front of a single arbitrator in Allegheny County, Pennsylvania. The arbitrator will follow the AAA's Commercial Arbitration Rules and Supplemental Procedures for Consumer Related Disputes.

Exceptions: You or MCML may request injunctive relief from any court having jurisdiction in connection with matters relating to fees or intellectual property.

You agree that you may only resolve disputes with us on an individual basis and will not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

If our arbitration provision is found not apply, then claims relating to this Agreement will be brought in the federal or state courts of St. Tammany Parish, Louisiana, and you and we consent to the venue and personal jurisdiction of those courts. You and we agree to waive our right to a jury trial.

Limitation of Liability

Other important things we have to include.

In no event shall MCML or its licensors or personnel be liable for any damages other than "direct" damages. Damages that are not "direct" damages include damages that are sometimes referred to as incidental, special, punitive, exemplary or consequential damages, including loss of any data, goodwill or profits, service interruption, computer or device damage or system failure or the cost of substitute services arising out of or in connection with the MCML Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and regardless of whether MCML has been informed of the possibility of such damage.

In jurisdictions that do not allow exclusions or limitations of liability for indirect damages, the above limitation may not apply to you.

To the extent permitted by applicable law, in no event shall MCML's total liability arising out of or in connection with this Agreement or the MCML Services exceed the amounts you have paid for use of the MCML Services or one hundred dollars ($100), whichever is greater.

Indemnification

You are responsible for what you do.

You agree to indemnify and hold harmless MCML and its personnel and representatives from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of or in any way connected with (i) Your Content, (ii) your access to or use of the MCML Services, or (iii) your violation of any intellectual property or other rights of any third party or any applicable law. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

Waiver

If we fail to exercise any of our rights under this Agreement or to enforce any provision of this Agreement, our doing so does not mean we waive any of those rights or provisions. And if we do waive a right or provision at any time, it does not mean that we will or are required to waive that right or provision at any other time.

Assignment

This Agreement is personal to you, and you may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. MCML may assign or transfer this Agreement to any affiliate or in connection with any corporate reorganization, restructuring, sale of assets, merger, acquisition or similar event or transaction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Notices or other communications required or permitted under this Agreement shall be given by email or regular mail. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

Contact Us

techSupport@mycodematters.com