WEB SITE TERMS AND CONDITIONS OF USE
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
Welcome to www.trailpeak.com! This Web site (www.trailpeak.com, or any replacement site, the "Site") is operated by Trails West Online ("Trailpeak" or "we") and allows users to create, share, collaborate and access content related to outdoor and sporting activities. The services offered by Trailpeak include the Site and any other features, content, or applications offered at any time and from time to time by Trailpeak in connection with the Site (collectively, the "Services").
THIS WEB SITE TERMS AND CONDITIONS OF USE ("TERMS") IS A LEGALLY BINDING AGREEMENT BETWEEN EACH USER (INCLUDING ANY REGISTERED USER, TRIAL USER, VISITOR, AGGREGATOR, SELLER OF CONTENT, PURCHASER OF CONTENT OR PURCHASER OF ANY TRAILPEAK SERVICE) ("YOU" AND "YOUR") AND TRAILS WEST ONLINE. BY USING THE SITE OR SERVICES, YOU AGREE THAT YOU UNDERSTAND THE TERMS, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THESE TERMS SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF AND ACCESS TO THE SITE AND ANY SERVICE PROVIDED BY TRAILPEAK. AS USED HEREIN, "SERVICES" INCLUDES USE OF ANY VERSION OF ANY TRAILPEAK SERVICES. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD NOT USE THE SITE OR SERVICES.
2. Changes to Terms
We may revise these Terms at any time and from time to time, and by your continued use of the Site you agree to be bound by future revisions. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. It is your responsibility to periodically visit the "Terms and Conditions" link at the bottom of the Site to review the most current version of the Terms. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time and from time to time, without prior notice to you.
Membership in the Services is void where prohibited. The Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of, or access to the Site by anyone under thirteen (13) is unauthorized, unlicensed and in violation of these Terms. By using the Services or the Site, you represent and warrant that you are thirteen (13) years of age or older.
4. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Trailpeak, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account
Trails West Online, Trailpeak and other Trailpeak graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Trailpeak in the Canada, the U.S. and/or other countries. Trailpeak's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Trailpeak.
6. Restrictions on Use; License Grant
The contents of the Site, including the text, images, audio and video, are copyrighted and the property of Trailpeak and/or its subsidiaries, affiliates, vendors and licensors and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of Trailpeak, except that you may download content from the Site to any single computer for your personal, non-commercial (except with regard to your use of inherent functionality provided through the Site) use only, provided that you keep intact all copyright, trademark and all other proprietary notices and comply with any applicable end user license agreements. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is strictly prohibited.
Trailpeak hereby grants you a nonexclusive, non-transferable, limited license to use the Site and the Shared Content (as defined below) solely for your personal, non-commercial (except with regard to your use of inherent functionality provided through the Site) use. As a condition of your use of the Site, you warrant to Trailpeak that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. If you breach any of these Terms, your authorization to use the Site shall automatically and immediately terminate and you must immediately destroy any downloaded or printed materials.
You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. You agree not to use the Services or the Site in any manner that could damage, disable, overburden, or impair the Site.
Any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by Trailpeak and/or its vendors and licensors.
7. Third-Party Web Sites and Content
The Site may contain (or you may be sent through the Site or the Service) links to other Web sites ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third-parties (the "Third Party Applications, Software, or Content"). Such Third-Party Sites and Third-Party Applications, Software and Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software, or Content posted on, available through or installed from the Site, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
8. Shared Content
You are solely responsible for the text, images, video, audio, links, messages, notes, profiles, listings, or other content that you upload, publish, or display (hereinafter, "post") on or through the Services or the Site, or transmit to or share with other users (collectively, "Shared Content"). By posting any Shared Content, you: (a) grant Trailpeak and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Shared Content throughout the world in any media, now known or hereafter devised; (b) grant Trailpeak and its affiliates and sub-licensees the right to use the name that you submit in connection with such Shared Content; and (c) grant the other users of the Site a non-exclusive license to reproduce, transmit, display, disclose, perform and otherwise use Shared Content posted by you through the functionality of the Site. Shared Content will be considered non-confidential and Trailpeak is under no obligation to treat such Shared Content as proprietary information. Without limiting the foregoing, Trailpeak reserves the right to use the Shared Content, or any portion thereof, as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it.
Furthermore, by uploading or submitting material or content to the Site, you represent and warrant that:
- Trailpeak, our customers and our licensees, shall not be required to make any payments with respect to the Shared Content, including, but not limited to, payments to you or any third-parties;
- you have all right, title and interest necessary to post the Shared Content to the Site and grant the rights provided above; you have full right and power to enter into and perform under these Terms; and you have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms;
- the Shared Content you submit will not infringe upon any third-party's copyright, patent, trademark, trade secret, or any other proprietary rights; and
- you will not post any Shared Content that is harmful, threatening, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable or violates any law, regulation, or rule.
If you post Shared Content in violation of the warranties above, you acknowledge and agree that Trailpeak, in its sole and exclusive discretion, may disable your uploading or posting privileges and/or terminate your account. Notwithstanding, you shall remain responsible for all such Shared Content and you acknowledge and agree that you shall indemnify and hold Trailpeak harmless from any and all damages and losses resulting from your posting of Shared Content. Trailpeak retains the right to remove, in its sole discretion, without notice, Shared Content that includes any material deemed abusive, defamatory, obscene, illegal, or otherwise inappropriate.
9. Your Account
You may create an account to access and use certain services and other features on the Site. You agree to provide only true and correct information in establishing your account. You are responsible for all activities conducted using your account and you are solely responsible for safeguarding your password and other access information. You will notify Trailpeak immediately if you believe the security of your account has been compromised. You may not use the account of another user without the other user's prior authorization.
10. Infringement Notices
As provided in the Digital Millennium Copyright Act (DMCA - U.S.), we have designated Kurt Turchan the individual for notification of potential copyright infringement regarding the Site. He can be contacted using the "contact us" link at the bottom of every page of this web site.
If you believe any Service or Shared Content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):
- A physical or electronic signature of the copyright owner or authorized agent;
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the 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 regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
- A statement that the copyright owner or its authorized agent has 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 made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Trailpeak has adopted a policy of terminating, in appropriate circumstances and at Trailpeak's sole discretion, members who are deemed to be repeat infringers. Trailpeak may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to indemnify and hold Trailpeak, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Shared Content you post or share on or through the Site, your use of the Services or the Site, your conduct in connection with the Services or the Site or with other users of the Services or the Site, or any violation of this Agreement or of any law or the rights of any third-party.
13. User Disputes
You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Trailpeak is not responsible or liable in any manner for any Shared Content, any user content, or Third-Party Applications, Software, or Content posted on the Site or in connection with the Service, whether posted or caused by you or other users of the Site, by Trailpeak, by third-parties, or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any Shared Content, user content, or Third-Party Applications, Software, or Content. Trailpeak is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Trailpeak assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications. Trailpeak is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including, but not limited to, injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Trailpeak be responsible for any loss or damage, including, but not limited to, any loss or damage to any Shared Content, any other user content, or personal injury or death, resulting from anyone's use of the Site or the Service, any Shared Content, any other user content, or Third-Party Applications, Software, or Content posted on or through the Site or the Service or transmitted to users, or any interactions between users of the Site, whether online or offline.
THE SITE, INCLUDING ANY SHARED CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SERVICES AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRAILPEAK OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
15. Limitation of Liability
TRAILPEAK AND ITS AFFILIATES, VENDORS, LICENSORS AND OTHER THIRD-PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SERVICES, SHARED CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, Trailpeak will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
17. Accuracy and Integrity of Information
Although Trailpeak attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies, and other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third-parties. In the event that an inaccuracy arises, please inform Trailpeak so that it can be corrected. Information contained on the Site may be changed or updated without notice. Trailpeak does not guarantee the integrity or accurateness of any content uploaded to the site by any user or by any other third-party, including, but not limited to, the Shared Content, and Trailpeak shall not be responsible for any content uploaded to the site by any user, or by any other third-party, including, but not limited to, the Shared Content.
18. Links or Pointers to Other Sites
Trailpeak makes no representations whatsoever about any other Web site that you may access through the Site. When you access a non-Trailpeak site, please understand that it is independent from Trailpeak, and that Trailpeak has no control over the content on that Web site. In addition, a hyperlink to a non-Trailpeak Web site does not mean that Trailpeak endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access any of the third-party sites linked to the Site, you do this entirely at your own risk.
19. Links to the Site
Without our express, prior and written permission, it is expressly prohibited to: (a) "frame" the Site or any Shared Content or otherwise cause the Site or any Shared Content to appear in a window with any other material that does not constitute Shared Content; (b) cause the hyperlink to the Site, or the Site, or any Shared Content, to be displayed in any way that is disparaging to Trailpeak or any entity that is affiliated or associated with Trailpeak; or (c) otherwise imply or state that any type of relationship or special arrangements exist with Trailpeak and any other entity.
21. Choice of Law; Venue
These Terms are entered into in the State of New Hampshire and shall be governed by and construed in accordance with the laws of the State of New Hampshire exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or these Terms will be resolved in the state and federal courts located in the State of New Hampshire. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
Trailpeak may terminate your membership, delete your profile and any content or information that you have posted on the Site, or prohibit you from using or accessing the Service or the Site (or any portion, aspect, or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including, without limitation, if it believes that you are under 13, or under 18 and not in high school or college.
23. Entire Agreement
Except as provided below, these Terms constitute the entire agreement between Trailpeak and you pertaining to the subject matter hereof. In its sole discretion, Trailpeak may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Site.
Effective Date: This Agreement is effective as of May 7, 2008.