These Terms are effective and were last updated on June 16, 2018.
Please read these terms carefully. By accessing or using the website you agree to be bound by these terms. If you do not agree to these terms do not use the website or its content.
All rating is subjective. Never go on a trail alone and never be afraid to turn around if it gets too difficult. Trail ratings can change daily as a result of a simple rain storm, heavy winter, another vehicle’s tires tearing it up on a wet day are just a few examples as to why trail ratings conditions change daily. Trails Offroad or its Contributors are not responsible for the accuracy of the ratings listed here on this site and are only considered approximations. All trail travel is at the users own risk.
The Web Sites utilizes software, maps and images from MapBox, by permission. All route measurements provided by the Web Sites are approximate and do not represent absolute measurements, either in metric (km) or English (miles) units. You acknowledge and agree that all measurements of routes that you view when using the Web Site are approximate. You also acknowledge and agree that the routes and trails you view when using the Web Site may not be accurate, safe, or free of physical obstacles, that trails might be blocked or otherwise dangerous, or that some areas may not be open to the public or may be hazardous. You acknowledge and agree that Company is not liable or responsible and makes no recommendations or warranties as to your health and safety, or for any mishap or accident you may incur from using trailsoffroad or the Web Sites. Company disclaims any express or implied warranties for the security, reliability, timeliness, accuracy, or performance of the Web Sites and its Contents.
By using trailsoffroad and the Web Sites in planning and performing physical activity, you attest and verify that you are physically fit, your off-road vehicle is capable and have sufficiently trained for the completion of trails, roads and routes. You also attest and acknowledge that your physical condition has been verified by a licensed medical doctor. You, the user, for yourself, your heirs, executors, administrators, personal representatives, successors and assigns, waive and release any and all rights, claims or courses of action you have or may have against Company, its agents, Contributors, employees, officers, directors, successors and assigns, and representatives that may arise as a result of your use of trailsoffroad and the Web Sites.
Off-roading is an inherently risky hobby. Vehicle damage and human bodily injury can occur. You agree to hold harmless trailsoffroad for any vehicle, personal property damage, or personal or bodily injury or death. All trail ratings change daily due to weather and other factors and trailsoffroad is not liable for any damages or loss occurred. You, the user, for yourself, your heirs, executors, administrators, personal representatives, successors and assigns, waive and release any and all rights, claims or courses of action you have or may have against Company, its agents, employees, Contributors, officers, directors, successors and assigns, and representatives that may arise as a result of your use of trailsoffroad and the Web Sites.
TRAILS OFFROAD PRODUCTS
These Terms & Conditions (these "Terms") contain the terms and conditions on which we supply content, products or services listed on www.trailsoffroad.com (the "Website"), through our future applications (the "Apps") or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the "Product" or "Products", which may be updated or access levels changed from time-to-time at the sole discretion of Trails Offroad). Please read these terms and conditions, carefully before registering or ordering any Products from the Website or third parties. The terms "Trails Offroad," "us" or "we" refers to Trails Offroad, LLC. The term "Device" refers to the device which is used to access the Products including but not limited to computers, smart phones and tablets. The term "you" refers to the user of the Products. When you order ("Order") any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.
Our contact email address is firstname.lastname@example.org. All correspondence to Trails Offroad including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.
ARBITRATION NOTICE AND CLASS ACTION WAIVER
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND TRAILS OFFROAD AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND TRAILS OFFROAD WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
BASIS OF LICENSE
CHANGES TO TERMS
Trails Offroad reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.trailsoffroad.com. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as email.
BECOMING A MEMBER
By placing an Order/Registering through the Products, you warrant that:
You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
USE OF TRAILS OFFROAD BY MINORS
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products.
As a Trails Offroad Community Member you will receive access to certain features and functions of the Products that are not available to non-members. By agreeing to become a Community Member you opt-in to receiving occasional special offer, marketing, survey and Product based communication emails. You can easily unsubscribe from Trails Offroad commercial emails by following the opt-out instruction in these emails. Trails Offroad memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
Trails Offroad users may access the Products in two ways:
To enjoy Trails Offroad via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website.
CHANGING FEES AND CHARGES
We may at any time and from time to time, in our sole discretion, change the levels of information given for non-paid community memberships, change the fees and charges, or add new fees and charges, in relation to any of the Products.
CANCELLATION BY YOU
You may cancel your Community Membership anytime.
CANCELLATION BY US
We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our trail content from the Products.
You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
By breaching the provisions of this section, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
Trails Offroad the Trails Offroad logo and all other Trails Offroad product or service marks are trademarks of Trails Offroad. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. Trails Offroad will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at email@example.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can.
Each time you submit User Material to us, you represent and warrant to us as follows:
Submissions to the website Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to Trails Offroad an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Trails Offroad has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Trails Offroad and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:
You may link to our home pages, trail pages, or state pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Links shall be made visible as clearly pointing to trailsoffroad.com. We reserve the right to withdraw linking permission with written notice. If you wish to make any use of material on or in the Products other than that set out above, please address your request to firstname.lastname@example.org
The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Subject to the terms of this license agreement ("License Agreement"), as set out in this section, and these other Terms, and your payment of applicable subscription fees, Trails Offroad grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products.
The Products contain or embody copyrighted material, proprietary material or other intellectual property of Trails Offroad or its licensors. All right, title and ownership in the Products remain with Trails Offroad or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
You agree that you will not and you will not assist or permit any third party to:
You may not make the Products available to the public. The Products made available (in whole or in part) are owned by Trails Offroad or its licensors and your use of them must be in accordance with these Terms.
We are committed to complying with copyright and related laws, and we require all users of the Products to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Products in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted on the Products in a way that constitutes copyright infringement, please provide our designated agent with the following information:
By Mail: Trails Offroad, LLC. Attn: Copyright Agent PO Box 1743, Idaho Springs, CO 80452
By E-Mail: email@example.com Subject line: DMCA
ASSIGNMENT BY US
Trails Offroad may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
INDEMNITY BY YOU
You agree to defend, indemnify and hold Trails Offroad and its directors, officers, members, investors, managers, employees, contributors and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Products, your placement or transmission of any message, content, information, software, or other submissions through the Products, or your breach or violation of the law or of these Terms. Trails Offroad reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Trails Offroad defense of such claim.
WARRANTIES AND LIMITATIONS
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
In these Terms, unless the context requires otherwise: i) any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
To receive and view an electronic copy of the communications you must have the following equipment and software:
Unless otherwise specifically indicated, all notices given by you to us must be given to Trails Offroad at firstname.lastname@example.org. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in the electronic communications section. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
THIRD PARTY RIGHTS
A person who is not party to these Terms will not, subject to the DMCA section, have any rights under or in connection with these Terms.
We will use reasonable endeavors to remedy faults in the Products. If we fail to comply with these Terms, we will be liable to you only for the purchase price of the Products in question. In addition, we will not be liable for:
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH TRAILS OFFROAD AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TRAILS OFFROAD.
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Trails Offroad agree that all claims and disputes arising out of or relating to the Terms or the use of the Products will be litigated exclusively in the United States District Court for Colorado. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to the. You and Trails Offroad consent to the personal jurisdiction courts.
CHOICE OF LAW
Except to the extent they are preempted by U.S. federal law, the laws of Colorado, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Trails Offroad, LLC PO Box 1743, Idaho Springs, CO 80452