Terms of Service

Last Modified: June 4, 2024

These Terms of Service (“Terms”) are between you and TOR Media Inc. dba Trails Offroad (“Trails Offroad,” “we,” “us,” or “our”) and govern your access to and use of https://www.trailsoffroad.com, including any content, functionality and services offered on or through our website, (the “Website”) and our Application (the “App”). Together, the Website and App are the “Platform.” Please read these Terms carefully before you use the Platform.

Arbitration Notice; Class Waiver; Waiver of Trial by Jury

These Terms contain a provision requiring you to resolve disputes by binding arbitration on an individual basis. You agree that all disputes between you and Trails Offroad will be resolved by mandatory binding arbitration and you waive the right to a jury trial, any right to participate in a class action lawsuit or class-wide arbitration. These Terms also limit the remedies available to you in the event of a dispute. Thus, carefully review the dispute resolution section of these Terms before you access or use the Platform.

By using the Platform or by clicking to accept or agree to the Terms, you agree to be bound and abide by these Terms. If you do not want to be bound by these Terms, you must not access or use the Platform.

1. Risks and Related Waivers

Activities associated with the Platform 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 Platform. Trails Offroad is not responsible for the inaccuracy, misuse, or misrepresentation of the information and/or data provided through the Platform, and any reliance you place on such information and/or data is therefore strictly at your own risk.

Our Platform provides 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 Platform and all descriptions, ratings, images, videos, and the like only considered approximations. All trail travel is at your 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 Platform 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 Trails Offroad 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.

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

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

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.

We reserve the right to withdraw or amend the Platform, and any functionality, service, or material we provide on the Platform, in our sole discretion without notice.

2. Access to and Use of the Platform

Requirements

To use the Platform, you must be 16 years of age or older, able to enter into legally binding contracts under applicable law, and a resident of the United States or any of its territories or possessions.

Accounts

You may be able to create an account on the Platform. If you do so, you must maintain the confidentiality and security of your account, including keeping your password confidential. You agree to change any account name or password if the password is lost, stolen, or otherwise compromised.

Changes to the Terms

We may update or modify these Terms from time to time, without limitation by posting a revised version of these Terms on the Platform and by publishing a general notice of such changes on the Platform. By accessing or using the Platform after we have provided such notice, you agree to be bound by such modifications.

Compliance with Applicable Laws

You agree that you will comply with all applicable laws (e.g., federal, state, local, and other laws) when accessing or using the Platform.

Mistakes or Errors

You agree that under no circumstances will we be responsible for any loss, damage or liability arising out of any mistakes or other errors made by you as a result of your access to or use of the Platform.

Personal Information

We collect, use, and share Personal Information as described in our Privacy Policy, found at https://www.trailsoffroad.com/privacy-policy/.

Authorization

Subject to your compliance with these Terms, Trails Offroad hereby grants you a non-exclusive, non-transferable, revokable right to access and use the Platform for your own personal, non-commercial purposes. Trails Offroad reserves any rights not explicitly granted in these Terms.

Right to Terminate

We reserve the right to modify, suspend, discontinue, or restrict your access to or use of the Platform or any portion of the Platform, at any time, for any reason, without notice or liability and in our sole discretion. We have the right to disable any username, 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.

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 Platform. Any commissions earned through this program will be paid to you by Trails Offroad and are tracked by First Promoter. We may discontinue the affiliate program at any time in its sole discretion.

Linking to the Platform

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.

Changes to the Platform

We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform 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.

3. Acceptable Use

Code of Conduct

In addition to the statements in Section 1 of these Terms, you agree that 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 while you are using or in conjunction with your use of the Platform.

You agree to be mindful and respectful of places you visit in connection with your use of the Platform. You agree that your use of the Platform 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 Platform. You agree to act in a manner that is respectful and appropriate to the areas where you use the Platform with regard to interacting with people you encounter, disposing of trash, using restroom facilities, using the Platform in large groups, parking your vehicle, and otherwise. You agree to respect any cultural or historical areas you encounter, including respecting any Native lands.

Restrictions

You must only access and use the Platform for its intended purposes. Without limitation, you must not:

• Transmit or upload any software or other materials that contain any viruses, worms, trojan horses, defects, time bombs or other items of a destructive nature;
• Infringe upon or violate someone else’s rights;
• Identify any person without their consent or disclose anyone else’s personal contact details or otherwise invade another person’s privacy;
• Reformat or reframe any portion of the Platform;
• Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our information technology infrastructure;
• Modify, adapt, disassemble, decompile, translate or reverse engineer any portion of the Platform or otherwise attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats, or programming interoperability interfaces of the Platform;
• Impersonate any person or entity or misrepresent your connection or affiliation with a person or entity;
• Release to any third party information related to your access to or use of the Platform for purposes of monitoring the Platform’s availability, performance, or functionality, or for any other benchmarking or competitive purposes without our prior written approval;
• Copy the Platform;
• Access or use the Platform in a service bureau or time-sharing environment (including, without limitation, accessing the Platform to provide third parties a service consisting solely of the collection and entry of data and other information on the Platform);
• Create any derivative works based on the Platform;
• Scrape any data from the Platform;
• Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform;
• Use any device, software, or routine that interferes with the proper working of the Platform;
• 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 Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform;
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Platform.

4. Payment and Fees

Fees

You may visit our Website or download our App free of charge, but in order to use certain functionality and content, you must pay for an annual subscription. By subscribing to the Platform, you agree to pay the specified fees, which are pre-paid on an annual basis until you cancel your subscription. Paid users of the Platform are referred to as "All-Access Members".

Payment

If your payment fails or is untimely, we may immediately cancel or revoke your access to the Platform. If you contact your bank or credit card company to decline or reverse the charge of fees for Platform, we may revoke your access to our Platform. You agree to promptly notify us 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 Platform, 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 Platform is automatically renewed. This means that unless you cancel access to the Platform 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).

Cancellation and Refunds

You may cancel your subscription at any time; provided, however, that fees paid for the Platform are non-refundable.

• If you subscribe to the Platform through the Website or App, you may cancel your subscription through your account profile or by emailing us at support@trailsoffroad.com.
• If you access our Platform through an App, you must cancel the Platform 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 Platform.

Gift Subscriptions

"Gift Subscriptions" are pre-paid memberships to the Platform. 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 Platform 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 Subscriptions 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.

5. Intellectual Property Rights

Ownership

All right, title and interest in and to our Platform, including, but not limited to, all of the software and code that comprise and operate our Platform, and all of the text, photographs, illustrations, images, graphics, audio, video, URLs and other materials provided through our Platform are owned by us or third parties who have licensed their content to us. Our Platform is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Platform is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of our Platform.

Marks

The Trails Offroad names and logos (including, but not limited to, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks, and logos appearing within our Platform, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of Trails Offroad (collectively, “Our Marks”). You are not authorized to display or use Our Marks in any manner without our prior written permission.

Sharing Trails Offroad GPX file(s) on commercial or private cloud-based services is strictly prohibited. Any such sharing may violate copyright and other laws of the United States, other countries, as well as applicable state laws, these Terms, and may be subject to liability for such violations.

6. User Contributions and Third Party Links

Providing User Contributions

We may allow you to contribute content to the Platform such as leaving trail reviews and posting questions (“User Contributions”) on or through the Platform. You agree that your User Contributions will comply with the following Content Standards. We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion.

By providing any User Contributions on the Platform, 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.

Content Standards

User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, could reasonably be viewed as hate speech or is 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.
• 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.

Links to Third Party Websites

If the Platform contains 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 Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

7. Mapping

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

8. Reliance on Information

The information presented on or through the Platform 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 Platform or the information contained on the Platform for any purpose. Any reliance you place on such information, including any User Contributions, is strictly at your own risk.

9. Disclaimers

Disclaimer of Warranties

OUR PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO OUR PLATFORM (INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE COMPRISING ANY PORTION OF OUR PLATFORM), WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT OUR PLATFORM WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS OR OTHER HARMFUL SOFTWARE OR HARDWARE.

YOU HEREBY ACKNOWLEDGE THAT OUR PLATFORM MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF OUR PLATFORM AND/OR TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY, OR PERFORMANCE OF OUR PLATFORM CAUSED BY SUCH FACTORS.

YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TRAILS OFFROAD AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO AS A RESULT OF YOUR USE OF THE PLATFORM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TRAILS OFFROAD 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 $100.00. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnification

You agree to defend, indemnify and hold harmless Trails Offroad, 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 or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform, including but not limited to all trail descriptions.

12. Mandatory Binding Arbitration and Class Action Waiver

Please Read This Section Carefully as It Affects Your Rights. It Requires You to Arbitrate Disputes with Trails Offroad and Limits the Manner in Which You Can Seek Relief from Us.

Agreement to Arbitrate

Any controversy, claim, or dispute — whether in contract, tort, statute, or otherwise — between you and Trails Offroad or our employees, agents, successors, or assigns, arising from these Terms or any transaction or relationship (including any such relationship with third parties who do not sign this contract), shall be settled by arbitration administered by the American Arbitration Association (“AAA”). You hereby waive any right to have any such controversy, claim or dispute litigated in a court. This means you also waive the right to have any such controversy, claim or dispute tried before a jury.

There are some exceptions to this mandatory arbitration provision. Specifically, either party may at any time bring a suit in small claims court or bring an action to enforce intellectual property rights. The breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate will also be determined by binding individual arbitration.

If you do not want to be bound by this agreement to arbitrate, you may opt-out. If you wish to opt-out of the agreement to arbitrate, you must send us a letter stating: “Request to Opt-Out of Agreement to Arbitrate” to the address below within 45 days of the effective date of these Terms or when you first access or use the Platform, whichever is later.

About Arbitration

Arbitration is a dispute resolution process which is more informal than a court case. ARBITRATION IS DIFFERENT THAN A LAWSUIT. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. You will not be able to have a court or jury trial or participate in a class action or class arbitration. There is a limited court review of a final arbitration award. There may be more limits on discovery than in a court case. The arbitrator is required to make a decision based upon these Terms and applicable law. The arbitrator may award damages and attorneys’ fees, but the arbitrator may not grant declaratory or injunctive relief except in very limited circumstances and only as it relates to your individual rights under these Terms.

Arbitration Process

Either Trails Offroad or you may bring an arbitration proceeding under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Arbitration Rules of the AAA. You may obtain instructions on how to file arbitration with AAA by calling AAA at 1 800 778 7897 or online at www.adr.org or we can assist you in contacting AAA.

Time Limitation

To bring an arbitration action, a party must file a demand for arbitration no later than one year after the date that party first becomes aware of, or should have known of, the claim subject to arbitration, or that claim will be time barred and you will have no right to seek any other remedy. In instances where a one-year time limit is prohibited, the claim must be brought within the shortest time period permitted by applicable law.

Binding Decision

The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

FAA

This agreement to arbitrate involves interstate commerce, and, therefore, shall be governed by the federal arbitration act, 9 U.S.C. 1-16 (“FAA”), and not by state law. This agreement to arbitrate is intended to be interpreted broadly pursuant to the FAA.

Confidentiality

The arbitration and all information disclosed during the arbitration may not be disclosed to any third party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of the arbitration.

Class Action Waiver

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST TRAILS OFFROAD ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. Any disputes arising under these terms will take place on an individual basis using binding arbitration. If the foregoing class action waiver is deemed invalid or unenforceable, you and Trails Offroad each agree not to seek, and waive any right, to arbitrate, litigate or otherwise resolve any dispute through class or collective claims.

13. Notice and Procedure for Making Claims of Copyright Infringement

Trails Offroad Policy

Trails Offroad respects the intellectual property rights of others. You must ensure that your User Contributions do not infringe any third party’s copyright. We will remove User Contributions and other materials on our Platform in accordance with the Digital Millennium Copyright Act (“DMCA”) upon receipt of proper notices that your User Contributions or other materials on our Platform infringe a third party’s copyright. As described below, we will terminate your account if you are a repeat infringer.

Notice of Infringement

If you are a copyright owner or an agent thereof and believe that any User Contributions or other content on the Platform infringe upon your copyrights, you may submit a notification to the address provided below. Such notification must contain the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trails Offroad may disclose DMCA notices to affected users and third party databases that collect information about copyright takedown notices.

Counter Notifications

If your User Contributions are removed pursuant to a notice of copyright infringement and you want to challenge the removal, you must provide us a counter notification to the address provided below. Such counter-notification must contain the following:

• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
• A description of the material that was removed and where the material previously appeared on our Platform reasonably sufficient to permit us to identify the material;
• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the original DMCA notice or an agent of that person; and
• Your physical or electronic signature.

We will forward any complete counter-notification to the person who provided the initial DMCA notice. The copyright owner(s) may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that such a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we may, but are not obligated to, restore User Contributions and other materials. Until that time, your User Contributions and other materials will remain removed.

Repeat Infringers

Without limiting anything else in these Terms, we will terminate your account if you receive three (3) DMCA Takedown Actions. A “DMCA Takedown Action” occurs each time your User Contributions or other materials are removed due to a DMCA notice. We may group multiple DMCA notices received in a short period of time as a single DMCA Takedown Action. We may remove a DMCA Takedown Action in appropriate circumstances, such as where: (1) the material is restored due to a DMCA counter-notification; or (2) the party who provided the DMCA notice withdraws their complaint.

Address for Notices

DMCA notices and counter-notifications may be sent to our designated agent at the following addresses:

14. App-Specific Terms

If you obtained the Trails Offroad App through an application store, such as Apple, Inc.’s App Store or Google Play (each an “App Store”), you may have additional license rights related to your access and use of the App. These Terms are between you and us, and not with the operator of an App Store. No App Store provider is responsible for the maintenance of or other support services for the App. You agree to comply with any applicable App Store terms and conditions. If any App Store terms and conditions are less restrictive than these Terms or otherwise conflict with these Terms, these Terms shall govern your use of the App.

Specific to the Apple App Store, the following terms apply: (a) these Terms are between you and us only and not with Apple, Inc. (“Apple”), and Apple is not responsible for the App or its content; (b) your license to use the App is limited to use on any Apple electronic device such as the iPhone, iPod, iPad, or compatible device that you own or control, to the extent permitted by the usage rules set forth in the Apple App Store’s terms of service; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (d) Apple will have no warranty obligation whatsoever with respect to the App, other than refund of the purchase price, if any, for such App, and no other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such warranty will be Apple’s responsibility; (e) Trails Offroad, not Apple, is responsible for addressing any claims by you or any third party relating to the App and/or your use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, Trails Offroad, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you, as a third-party beneficiary.

15. Other

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms, 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), except as specified elsewhere in these Terms. Any such matter 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.

Entire Agreement

These Terms constitute the sole and entire agreement between you and TOR Media Inc. dba Trails Offroad with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

Fraudulent Activity

If we suspect that you are engaging in any fraudulent, abusive, or illegal activity, we may refer such matter to appropriate law enforcement authorities.

Electronic Communications

The communications between you and Trails Offroad use electronic means, whether you access or use our Platform or send us emails, or whether we post notices on our Platform or communicate with you via email. For contractual purposes, you: (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy. The foregoing does not affect your non-waivable rights.

Severability

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the applicable Terms shall continue in effect.

Waivers

Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Assignment

We reserve the right to transfer, assign, sublicense or pledge these Terms, in whole or in part, to any person without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms.

Headings

The section headings and sub-headings contained in these Terms are for convenience only and have no legal or contractual effect.

16. Your Comments and Concerns

The Platform is operated by:

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