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
, incorporated herein by reference. If you do not want to agree to these
Terms of Service or the
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
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
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
actions we take with respect to your information consistent with our
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
email@example.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
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.
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.
You may update your account information, including submitting a request
to have your account information deleted, at any time by emailing us at
firstname.lastname@example.org, 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.
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" 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
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.
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
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
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
Attack the Services via a denial-of-service attack or a distributed
Otherwise attempt to interfere with the proper working of the
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
Take appropriate legal action, including without limitation, referral
to law enforcement, for any illegal or unauthorized use of the
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.
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
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
Contain any material which is defamatory, obscene, indecent, abusive,
offensive, harassing, violent, hateful, inflammatory or otherwise
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
- Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any
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.
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 (email@example.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
firstname.lastname@example.org. 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
consent to all actions taken by us with respect to your information in
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
The Services may provide certain social media features that enable you
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
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
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
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
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
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.
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.
The Terms of Service and our
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
email@example.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: