These Terms are effective and were last updated on December 29, 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 difficulty ratings and trail interpretations are subjective. Never attempt a trail alone, always go with another vehicle and someone who is experienced. Please be aware due to outside forces such as a simple rain storm, heavy winter conditions, or another vehicle’s tires tearing it up on a wet day - trail ratings/conditions can change quickly. Trails Offroad, LLC, it's Officers, it's Contributors or Advertisers are not responsible for the accuracy of the rating or trail interpretations listed here on the website and they are only considered approximations. All trail travel is at the user’s own risk. It is your responsibility to inform your passengers and all group members of the risks associated with off-roading.
You also acknowledge and agree that the routes and trails you view when using the website may not be accurate, safe, or free of physical obstacles, that trails might be blocked, eroded 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 personal health and safety, or for any vehicle mishap or accident you may incur. Company disclaims any express or implied warranties for the security, reliability, timeliness, accuracy, or performance of the website and its Contents.
By using Trails Offroad and the website in planning and performing physical or off-road activity, you attest and verify that you are physically fit, your off-road vehicle is capable and you have sufficiently trained for the driving and travel 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 Trails Offroad and the website.
Off-roading is an inherently risky hobby. Vehicle damage and human bodily injury can occur to you, your passengers and others nearby. Minor to serious injury or death can occur while off-roading. You agree to hold harmless Trails Offroad for any vehicle, personal property damage, personal bodily injury or death. All trail ratings are subjective, change daily due to weather and other factors. Trails Offroad is not liable for any damage or loss incurred. 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 the Company, its agents, employees, contributors, officers, directors, successors and assigns, and representatives that may arise as a result of your use of Trails Offroad and the website. Always carry extra food, water, thermal protection, vehicle recovery gear, and CB/Ham communication. Inform a trusted individual of your location. It is your responsibility to inform your passengers and all group members of the risks associated with off-roading.
You attest you are properly trained for off-road activity. Trails Offroad and its Products are not a substitute for proper off-road training. If you are not trained and in good practice, refer to the International 4WD Trainers Association for a list of trainers in your area.
The website utilizes software, maps, and images from MapTiler, by permission. All route measurements provided by the website are approximate and do not represent absolute measurements. You acknowledge and agree that all measurements of routes that you view when using the website are approximate.
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, memberships, 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 party’s. 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 support@trailsoffroad. 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
You may sign up as a registered user of the Products free of charge (a "Community Member"). To become a Community Member, you need to go to the relevant section of the Products, then submit your email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device.
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. From time to time, we will force an automatic password reset.
USE OF TRAILS OFFROAD BY MINORS
You must be 18 years of age 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 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:
Our "Annual" subscriptions are paid for by an upfront one-off payment with automatic annual renewal. You acknowledge and agree that Trails Offroad, LLC is authorized to charge the Payment Method used for
Our "Lifetime" subscriptions, when made available, are paid for by an upfront one-off payment and the subscription term will end when either 100 years have elapsed from the date you purchased the products or we cease to commercially offer the Product.
Coupon code dated deadlines are final.
You may cancel automatic renewals of your Annual subscription at any time in your account at trailsoffroad.com, or by emailing firstname.lastname@example.org. Cancellation take effect on the renewal date.
You agree to promptly notify Trails Offroad of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
In the course of your use of the Products, Trails Offroad and its third-party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Trails Offroad and Trails Offroad’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars include local taxes. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through Trails Offroad for commercial purposes.
To enjoy Trails Offroad via your device, your device must satisfy certain system requirements. These requirements can be found at trailsoffroad.com/support requirements.
CHANGING FEES AND CHARGES
We may at any time and from time to time, at 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 ends at the last day of the 1-year term.
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.
PROHIBITED USE OF 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.
All materials (including software and content whether downloaded or not) contained in the Products are owned by Trails Offroad, LLC. unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
The Products are not intended for your commercial use. Commercial advertisements, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.
You may share our links on social media, forums, and or other personal means where the link is clearly visible directing another party to www.trailsoffroad.com
A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). Sharing of "Waypoint", "Technical Rating", Camping Information" and our "Advanced Rating" information listed in our Products is strictly prohibited. With respect to content made available by Trails Offroad through the Products that is specifically identified as available for distribution by you ("Distribution Content") as part of your blog or other online commentary, analysis or review ("User Commentary"). Distribution content includes the Products "Highlight" content. Trails Offroad grants you a limited right to use the content only when clearly citing trailsoffroad.com as the source. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.
You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Trails Offroad will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Sharing Trails Offroad GPX file(s) on commercial or private cloud-based services is strictly prohibited. You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Trails Offroad will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
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.
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.
The Products may let you submit material to us: for example, in various parts of the Products you may be able to upload a photo to your profile, write reviews of trails, upload photos of your vehicles, upload files that record your activities and blog submissions. In these Terms, we use the term "User Material" to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, and recorded activity information. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products.
This section sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
We do not always review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section , and we may do this with or without giving you any prior notice.
We may link User Material or parts of User Material to other material, including material submitted by other users or created by Trails Offroad or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Trails Offroad. You acknowledge that we may commercially benefit from use of your User Material.
Each time you submit User Material to us, you represent and warrant to us as follows:
We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. By submitting User Material you hereby grant Trails Offroad an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, 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 User Material, 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. Trails Offroad may include your User Material in Trails Offroad Distribution Content that is made available to others through the Products. Be aware that Trails Offroad has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Trails Offroad and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting
Any materials (trail reviews, questions and answers, blog submissions) maybe used on our social media channels. If you wish your material to not be on our social media channels, do not post said materials.
Submissions to the website and 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.
LINKS TO WEBSITES/HOME PAGE
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.
Any products based in our store follow the manufactures warranties. If you are not happy with a product, please email us at email@example.com. We consider all sales final in terms of size and fit. We make no warranty or take responsibility for delayed shipping.
END USER LICENSE
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.
Sharing of GPX files or the recreation of GPX files is strictly prohibited.
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 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.
DIGITAL MILLENIUM COPYRIGHT ACT ("DMCA") NOTICE
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:
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
Nothing in this section or otherwise in these Terms shall exclude or in any way limit Trails Offroad’ liability that may not be excluded or limited as a matter of law.
The Products and their content are otherwise provided on an "as is" basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Products or their content. We assume no liability or responsibility for any errors or omissions in the content of the Products, or any failures, delays, or interruptions in the provision of the Products. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Products to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Products. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Products. We make no warranties or representations that your use of content and information posted on the Products will not infringe rights of third parties.
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
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.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Products, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
In order to retain a copy, please select "Print," and select the appropriate printer. If you do not have a printer, you can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on your computer and save the text.
You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at firstname.lastname@example.org
We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication.
To receive and view an electronic copy of the communications you must have the following equipment and software:
To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text.
You can also contact us via email at email@example.com to withdraw your consent to receive any future communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we may terminate your use of the Products.
We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
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 section above. 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 (DMCA), 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.
Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Products that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Trails Offroad are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules ("AAA Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Trails Offroad. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Trails Offroad for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Authority of Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Trails Offroad. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Trails Offroad.
Jury Trial Waiver. You and Trails Offroad waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Trails Offroad elect to have claims and disputes resolved by arbitration. In any litigation between you and Trails Offroad over whether to vacate or enforce an arbitration award, you and Trails Offroad waive all rights to a jury trial and elect instead to have the dispute be resolved by a judge.
Class Action Waiver. Where permitted under the applicable law, you and Trails Offroad agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or consolidated action.
If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Trails Offroad are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.
Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Trails Offroad can force the other to arbitrate. To opt-out, you must notify Trails Offroad in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Trails Offroad account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: Trails Offroad, Inc., ATTN: Arbitration Opt-out, PO Box 1743 Idaho Springs, CO 80452; email@example.com
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with 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.
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