Terms of Service

Last Modified: May 26, 2021

Acceptance of the Terms of Service

These Terms of Service are entered into by and between You and Trails Offroad LLC ("Trails Offroad," "Company," "we," or "us"). The following terms and conditions ("Terms of Service") govern your access to and use of https://www.trailsoffroad.com, including any content, functionality and services offered on or through https://www.trailsoffroad.com (the "Website") or the Company’s mobile application (the "App"), whether as a guest or a registered user. The Website and App are referred to herein as the "Services". Please read the Terms of Service carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://www.trailsoffroad.com/privacy-policy , incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.

Risks Related to the Services and Related Waivers

Our Services provide trail descriptions, ratings, and maps for your personal use. All difficulty ratings and trail interpretations are subjective. Never attempt a trail alone, always go with another vehicle and with someone who is experienced at off-roading. Please be aware that, due to outside forces such as weather or other trail/road usage, trail ratings and conditions can change quickly. Trails Offroad, its officers, directors, employees, contributors, affiliates, and advertisers are not responsible for the accuracy of the rating or trail interpretations included in the Services and all descriptions, ratings, images, videos, and the like 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 further acknowledge and agree that the routes and trails you view when using the Services 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 the 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. Trails Offroad disclaims any express or implied warranties for the security, reliability, timeliness, accuracy, or performance of the Services.

By using Trails Offroad and the Services 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 the Company, its agents, contributors to the Services, employees, officers, directors, successors and assigns, and representatives that may arise as a result of your use of the Services.

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.

The Company makes no warranties, expressed or implied, concerning the accuracy, completeness, or suitability of the information and data provided through the Services, and such information and data should not be construed or used as a legal description. Activities associated with the Services can at times involve risk of injury, death, property damage, and other dangers associated with such activities. You understand that Trails Offroad cannot and does not assume responsibility for any such personal injury, death, or property damage resulting from your use of the Services. Trails Offroad is not responsible for the inaccuracy, misuse, or misrepresentation of the information and/or data provided through the Services, and any reliance you place on such information and/or data is therefore strictly at your own risk.

Processing of Personal Information

AS PART OF YOUR USE OF THE SERVICES, YOU AFFIRMATIVELY CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UNITED STATES MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXIST IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE, AND USE OF CERTAIN PERSONAL INFORMATION.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Services

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features thereon, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Subject to these Terms of Service and your payment of the applicable subscription fees, Trails Offroad grants you a limited, non-exclusive, revocable license to stream, download, and make personal, non-commercial use of the Services.

Subscribing to the Services; Payment Terms; Renewals

  • Fees: You may visit our Website or download our App free of charge, but in order to use the functionality and content provided by our Service, you must pay for an annual subscription. By subscribing to the Services, you agree to pay the specified fees, which are pre-paid on an annual basis until you cancel your subscription. Paid users of the Services are referred to add "All-Access Members''. Please note that all sales are final and refunds are not provided. If you subscribe to the Services through the iTunes store, your purchase will be subject to Apple’s applicable payment policy. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you obtain the Services through one of these distribution channels, you may be subject to additional terms of the distribution channel. These Terms of Service are between you and Trails Offroad only, and not with the distribution channel. To the extent that you utilize any other third party products and services in connection with your use of the Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
  • Payment: If your payment fails or the Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Services, we may revoke your access to our Services. You agree to promptly notify the Company 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 Services, 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.
  • Automatic Renewal: To ensure uninterrupted service, our Services are automatically renewed. This means that unless you cancel access to the Services before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Services are renewed for an additional year.
  • Cancellation and Refunds: You may cancel the Services at any time; provided, however, that fees paid for the Services are non-refundable.
    • If you subscribe to the Services through the Website, you may cancel your subscription to the Services through your account profile in the Services or by emailing us a request to cancel your subscription to support@trailsoffroad.com. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided.
    • If you access our Services through an App, you must cancel the Services through the applicable app store (iTunes or Google Play). Please note that if you purchase your subscription through the Apple iTunes Store or our iPhone application, you may cancel automatic renewals by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
  • Fee Changes: We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you do not agree with the fee changes, you may cancel your subscription to the Services.
  • Obligation to Provide Services: The Company’s obligation to provide the Services only comes into being when we receive your order to become an All-Access Member, and we confirm your purchase to you by email. We will confirm your order and send you an email to confirm your access to the subscription purchased. Please quote the order number provided in all subsequent correspondence with us.

We reserve the right to withdraw or amend the Services, and any functionality, service, or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Services to users, including registered users.

Account Security

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for (i) making all arrangements necessary for you to have access to the Services; and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms of Service and comply with them.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Account Updates

You may update your account information, including submitting a request to have your account information deleted, at any time by emailing us at support@trailsoffroad.com, by updating your account using the "edit profile" feature, or through the Chargebee portal for All-Access Members

Use of the Services by Minors

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Membership

As an All-Access Member of Trails Offroad, you will receive access to certain features and functions of the Services that are not available to unregistered users. By agreeing to become an All-Access Member, you may opt-in to receiving occasional special offer, marketing, survey, and Services-based communication emails. You can easily unsubscribe from the Company’s 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.

Gift Subscriptions

"Gift Subscriptions" are pre-paid memberships to the Services. A person who purchases the gift is referred to in these terms as the "Giftor". A person who receives and redeems a Gift Subscription to the Services is referred to in these terms as the "Recipient". Gift subscriptions are paid for as a one-off upfront payment. Once bought, the Giftor will receive an order confirmation and receipt. The Trails Offroad gift subscription will be sent to the Recipient on the Giftor’s specified date. Gifting codes cannot be redeemed for cash, resold, or combined with any other offers. We will automatically bill the payment method provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed. Trails Offroad will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. Trails Offroad is not responsible if a Gift Subscription is lost, stolen, or used without permission.

Intellectual Property Rights

The Services and its contents, features, and functionality (including but not limited to all information, trail descriptions, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 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 of Service, and any other relevant terms and conditions provided to you without our prior written permission.

These Terms of Service permit you to use the Services for your personal, non-commercial use only. You may share links to a specific trail site or our main Website landing page only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service, except that you may print one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution. 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. You agree to cooperate fully in assisting Trails Offroad in removing any GPX files that are shared by you or someone using your account in violation of these Terms of Service at your sole cost and expense.

You must not:

  • Modify copies of any materials from the Services.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Services or materials available through the Services. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

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, violate these Terms of Service, and may be subject to liability for such.

Trademarks

The Company name and all related names, logos, product, and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • You agree that in conjunction with your use of the Services, you will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be ("Private Property"). You acknowledge that Trails Offroad does not have and affirmatively disclaims any obligation or ability to provide you with complete and accurate information regarding the whereabouts of Private Property. Regardless of whether Trails Offroad designates any content with a warning regarding its proximity to Private Property, you are solely responsible for obtaining all required permissions to approach or enter Private Property in connection with your use of the Services.
  • You agree to be mindful and respectful of places you visit in connection with your use of the Services. You agree that your use of the Services will be appropriate to the environment around you and that you will not create excessive noise or other disturbances in connection with your use of the Services. You agree to act in a manner that is respectful and appropriate to the areas where you use the Services with regard to interacting with people you encounter, disposing of trash, using restroom facilities, using the Services in large groups, parking your vehicle, and otherwise. You agree to respect any cultural or historical areas you encounter, including respecting any Native lands.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the "Content Standards" set forth herein.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

User Contributions

The Services permit users to leave trail reviews and post questions about trails and may include other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services.

All User Contributions must comply with the Content Standards set out in these Terms of Service. Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

The Company cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Mapping

The Services utilize software, maps, and images from Mapbox. All route measurements provided by the Services are approximate and do not represent absolute measurements. You acknowledge and agree that all measurements of routes that you view when using the Services are approximate.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to through our Services violates your copyright, you are encouraged to notify the Company (support@trailsoffroad.com) in accordance with Digital Millennium Copyright Act of 1998. The Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Company or others. In the case of such termination, the Company will have no obligation to provide a refund of any amounts previously paid to the Company.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. While we endeavor to keep the information up-to-date and correct, we do not warrant or represent the completeness, accuracy, reliability, suitability, accessibility (including rights of entry and/or use), security or availability with respect to the Services or the information contained on the Services for any purpose. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents, including but not limited to liability relating to personal injury, death, or property damage resulting from your use of the Services.

The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Availability of the Services

We make no guarantees that the Services will meet your needs and requirements and we cannot guarantee that the Services will be error free. If an error occurs in the Services, please report it to us at support@trailsoffroad.com. If the need arises, we may suspend access to the Services while we address the error. We will not be liable to you if the Services are unavailable for a commercially reasonable period of time. Your access to the Services may be occasionally restricted to allow for repairs, maintenance, or the introduction of new features. We will restore the Services as soon as reasonably possible.

Changes to the Services

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material. Trail descriptions will have a "last updated" date to reflect when they were last updated.

Information About You and Your Use of the Services

All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Services and Social Media Features

You may link to our homepage, 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 without our express written consent.

The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Services.
  • Send e-mails or other communications with certain content, or links to certain content, on the Services.
  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Services other than the homepage.
  • Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Service.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO THE SERVICES.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, APP, OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED US $100.00. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Contributions, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services, including but not limited to all trail descriptions.

Affiliate Program

If you participate in our affiliate program, you may be eligible to earn a commission for new end users who sign up to access our Services. Any commissions earned through this program will be paid to you by the Company and are tracked by First Promoter. The Company may discontinue its affiliate program at any time in its sole discretion.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City of Denver and County of Denver. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Assignment

Trails Offroad may assign or transfer its rights and obligations under these Terms of Service to any company, firm, or person at any time and without restriction. You may not assign or transfer your rights or obligations under these Terms of Service to anyone else without the prior written consent of Trails Offroad. These Terms of Service are personal to you and no third party is entitled to benefit under these Terms of Service except as set forth herein.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Trails Offroad, LLC with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Your Comments and Concerns

The Services are operated by Trails Offroad, LLC, 1801 North Broadway, 5th Floor, Denver, Colorado 80202.

All notices of copyright infringement claims should be sent to support@trailsoffroad.com, Attention: Copyright Agent, as more particularly described above.

All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: support@trailsoffroad.com.