PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND TRAIL TOURS, AND IS DEEMED ACCEPTED BY YOU EACH TIME THAT YOU USE, ACCESS OR DOWNLOAD ANY OF THE SERVICES. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT USE, ACCESS OR DOWNLOAD ANY OF THE SERVICES.
Users of our Services must be fourteen (14) years of age or older, and if under the age of eighteen (18) or the age of majority as that is defined in the applicable jurisdiction, you must use the Services under the supervision, and with the express consent, of your parent or legal guardian. Use of our Services by anyone under the age of fourteen (14) is expressly prohibited.
Overview of Services
Trail Tours offers Apps that allow outdoor enthusiasts to experience audio tours while biking, hiking or using other modes of locomotion through various trail systems and trails. The Apps are available for download via the Apple App Store. Once downloaded, the Apps operate offline and without the use of data.
The Site provides informational and promotional resources in connection with the Apps.
Use of Content and Software
The content contained on the Services, such as text, graphics, images, audio, video and other material, as well as the domain names, taglines, and look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such intellectual property laws in the United States and foreign countries, and is owned or controlled by Trail Tours or by third parties that have licensed their Content to Trail Tours. Unauthorized use of the Content by you may violate copyright, trademark, and other intellectual property laws. Where the Services are configured to enable the download of Content, Trail Tours grants you a limited, revocable, non-exclusive license to download one copy of such Content to a single device for your personal, noncommercial use only, provided that you:
- maintain all copyright and other proprietary notices contained in the original Content;
- without prior written permission from Trail Tours in each instance, not sell, manipulate, modify, reproduce, display, publicly perform, distribute, decompile, reverse engineer, disassemble or otherwise use the Content in any way for any public or commercial purpose, or any purpose outside of the ordinary intended purpose for which such Content was provided to you;
- do not use the Content in a manner that suggests an association with any of our products, services or brands; and
- do not otherwise use the Content in a manner that is contrary to this Agreement.
The trademarks, logos and service marks (the “Marks”) displayed on the Services, and which may be included with the Content, are owned by Trail Tours or third party licensors. Except as expressly contemplated herein, you are prohibited from using such Marks without prior written permission from Trail Tours or such applicable third party in each instance.
For certainty, Trail Tours retains all right, title and interest in and to the Content and the Marks. Your use under limited license of the Content and Marks must strictly comply with the terms of this Agreement.
The Services are provided to you at your sole risk and liability.
MOUNTAIN BIKING AND OTHER OUTDOOR ACTIVITIES ARE INHERENTLY DANGEROUS. DO NOT RIDE BEYOND YOUR ABILITY AND DO NOT SUBSTITUTE THIS SERVICE FOR YOUR OWN SITUATIONAL AWARENESS.
In using the Services, you must not:
- reproduce, copy, modify, adapt, use for commercial purposes, license, sublicense, distribute, transmit, translate, or create derivative works of, the Services or the Content or any part thereof except as expressly permitted by this Agreement;
- engage in any activity that is competitive with Trail Tours, in our sole discretion;
- engage in any unlawful or tortious purpose or activity contemplated under applicable law or under this Agreement;
- use any data mining tools, robots, spiders or similar data gathering or extraction methods;
- take any action that would damage, harm, or diminish Trail Tours’ reputation, goodwill, or public image;
- distribute virus, malware, spyware, works, or other harmful or malicious files;
- violate or attempt to violate the security or system integrity of any of the Services, including attempting to probe, scan or test the vulnerability of our system or network, or to breach security or authentication measures without proper authorization;
- remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services or elements thereof including without limitation software that is intended to prevent or restrict use or copying of any Content available through the Services;
- represent or suggest that Trail Tours endorses any user, business, product, or service;
- take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our system infrastructure; or
- access or use the Services through any means or in any manner that is not provided or authorized in this Agreement.
YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWABLE AT LAW, THE SERVICES AND THE CONTENT ARE PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FORGOING, THE SERVICES AND CONTENT ARE PROVIDED WITHOUT IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT THE SERVICES OR CONTENT WILL FUNCTION WITHOUT DEFECT, ERRORS, INTERRUPTION, OR DOWNTIME. BY USING OUR SERVICES AND CONTENT, YOU AGREE THAT TRAIL TOURS AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AFFILIATES, AND ASSIGNS, ARE NOT LIABLE FOR ANY LOSS, HARM, DAMAGE, COST, OR INJURY SUFFERED (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) IN CONNECTION WITH YOUR ACCESSING, DOWNLOADING, USING, OR THE INABILITY TO USE, THE SERVICES OR CONTENT. BY ACCESSING, DOWNLOADING OR USING THE SERVICES AND CONTENT YOU AGREE THAT TRAIL TOURS IS NOT RESPONSIBLE OR LIABLE FOR YOUR ACTIONS OR JUDGMENTS IN CONNECTION WITH SAME. TRAIL TOURS IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES. YOU ASSUME ANY AND ALL LIABILITY FOR ANY HARM, INJURY, LOSS, COSTS, OR DAMAGES SUFFERED AS A RESULT OF USING THE SERVICES AND IRREVOCABLY RELEASE TRAIL TOURS FROM SAME.
TRAIL TOURS MAKES NO WARRANTIES, REPRESENTATIONS, ENDORSEMENTS, OR GUARANTEES IN CONNECTION WITH THE SERVICES AND THE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR: (A) ALL DECISIONS YOU MAKE IN CONNECTION WITH, ARISING FROM, OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICES AND THE CONTENT; (B) ANY ACTS OR OMISSIONS YOU TAKE IN THE COURSE OF USING THE SERVICES AND THE CONTENT; (C) ANY RELIANCE YOU PLACE ON THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES AND THE CONTENT; (D) ANY SERVICES YOU OBTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES AND THE CONTENT; OR ANY OTHER MATTER RELATING TO OR ARISING FROM YOUR USE OF THE SERVICES AND THE CONTENT.
WITHOUT LIMITING ANY OF THE FOREGOING, IN ANY EVENT, TRAIL TOURS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THE SERVICES MAY PROVIDE INFORMATION RELATING TO, RECOMMENDATIONS IN CONNECTION WITH, AND REFERENCES TO, OUTDOOR TRAILS, TRAIL FEATURES, TRAIL HAZARDS, ROUTES CONSISTING OF MULTIPLE TRAILS, AND NEARBY POINTS OF INTEREST. ALL SUCH CONTENT IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT AN ENDORSEMENT, WARRANTY, VERIFICATION OR GUARANTEE FROM TRAIL TOURS RELATING TO SAME. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER OR NOT TO PARTICIPATE IN ANY ACTIVITY OR ATTEND OR ENGAGE ANY OF THE LOCATIONS, DESTINATIONS OR ROUTES REFERENCED OR IDENTIFIED THROUGH THE SERVICES. FURTHER, YOU ARE SOLELY RESPONSIBLE FOR DETERMINING HOW TO PARTICIPATE IN ANY SUCH ACTIVITIES IN A SAFE, RESPONSIBLE, APPROPRIATE AND LAWFUL MANNER. YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR CONSEQUENCE THAT MAY ARISE AS A RESULT YOUR ENGAGEMENT WITH, PARTICIPATION IN OR ATTENDANCE AT ANY LOCATION, DESTINATION OR ROUTE REFERENCED OR IDENTIFIED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITY OR CONSEQUENCE ARISING AS A RESULT OF ANY TRESPASS ON THE PROPERTY OF ANOTHER, BODILY INJURY OR DEATH CAUSED TO YOU OR ANOTHER, PROPERTY DAMAGE EXPERIENCED BY YOU OR ANOTHER OR ANY OTHER HARM OF ANY KIND CAUSED TO YOU OR ANOTHER. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR YOUR OWN REASONED DECISION MAKING. YOU MUST NOT RELY ON THE SERVICES IN ISOLATION FROM YOUR OWN JUDGMENT.
TRAIL TOURS IS UNDER NO OBLIGATION TO REGULARLY UPDATE THE CONTENT, AND AS SUCH, THE CONTENT MAY BE OUT-OF-DATE, INACCURATE OR OBSOLETE. TRAIL TOURS PROVIDES NO GUARANTEE THAT THE SERVICES WILL PROVIDE YOU WITH YOUR DESIRED RESULTS. CURRENT TRAIL CONDITIONS CAN AND WILL CHANGE REGULARLY AND TRAIL TOURS APP CONTENT MAY BE OUT OF DATE.
YOUR ACCESS, USE AND DOWNLOAD OF THE SERVICES AND THE CONTENT MAY TAKE UP SPACE ON YOUR DEVICE AND MAY INCUR MOBILE DATA CHARGES, AND YOU ARE SOLELY RESPONSIBLE FOR SAME.
You agree to defend, indemnify, and hold harmless Trail Tours and its affiliates, and each of their officers, directors, employees and agents, from and against any and all claims, actions, demands or losses, including without limitation reasonable legal and accounting fees, arising from or in any way relating to your use of the Services or your breach of this Agreement. This indemnification obligation will indefinitely survive termination of this Agreement.
Certain Services may only be accessible or downloadable upon payment of a fee. You understand and agree that Trail Tours does not administer the collection and refund of any such fees, and that the applicable third party marketplace governs the terms and conditions applicable to same. Any claim and dispute you may have in connection with such fees must be solely directed to such applicable third party marketplace, and you hereby release Trail Tours, and its affiliates, and each of their officers, directors, employees and agents, from any and all claims, actions, demands or losses in connection with same.
You understand and agree that Trail Tours is making the Services available to you in reliance upon the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us. You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination of this Agreement.
- Entire Agreement. This Agreement, which incorporates the Policy by reference, both of which are subject to any written and duly executed contract you may have with Trail Tours, constitute the entire agreement between you and Trail Tours with respect to the subject matter contained herein and there are no other terms, conditions, representations, warranties, or collateral agreements, express or implied.
- Amendments. Trail Tours may change or amend this Agreement and the Policy from time to time. You can determine when this Agreement and the Policy was last revised by referring to the “LAST UPDATED” reference expressly provided. Any changes or amendments will become effective upon our posting of the revised Agreement and Policy on our Site. If you have provided us with your email address, we will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. In any event, your use of the Services after any changes or amendments to this Agreement or the Policy shall signify your, and be conclusively deemed, acceptance of this Agreement and the Policy, as changed or amended. The most current version of this Agreement and the Policy will govern your use of the Services.
- Force Majeure. Any delay in the performance by Trail Tours of any duties or obligations hereunder will not be considered a breach of this Agreement if such delay is caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, war, acts of terror, strikes or other labor problems (other than those involving our employees), failures of common carriers (including Internet service providers), denial of service attacks.
- Assignment. Trail Tours may assign this Agreement, in whole, or in part, at any time, with or without notice to you. You may not assign your rights or delegate your duties under this Agreement, either in whole or in part, without Trail Tours' prior written consent. This Agreement will enure to the benefit of and be binding upon the parties to this Agreement and their respective successors, heirs and permitted assigns.
- Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Waivers will not be effective unless in writing and duly authorized by an officer of Trail Tours.
- Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
- Language. This Agreement was written in the English language. If this Agreement is translated into another language, the English language text shall in any event prevail. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders. Where the word “including” or “includes” is used in this Agreement, it means “including (or includes) without limitation”.
- Governing Law. This Agreement is governed and interpreted pursuant to the laws of the State of Arkansas, USA and the federal laws of the United States applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction, and you agree to submit to the exclusive jurisdiction of the courts located within the State of Arkansas, USA. The foregoing will not limit Trail Tours' right to enforce this Agreement in any other jurisdiction if reasonably necessary or advisable in our sole discretion.
- Trial Waiver. You agree to waive any right you may have to a trial by jury, or commence or participate in any class action against us related to the Services or this Agreement.