Last revised on June 30, 2014
Trail See may modify the Terms at any time. Revisions shall be effective thirty (30) days after posting, except for new Services, which shall be effective immediately upon posting.1. Accessing the Services
Trail See reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portion thereof with or without notice. You agree that Trail See shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.2. Accounts
You are solely responsible for all activities that occur under your account or from your computer. We recommend you take steps to protect the confidentiality of your account password. While we use reasonable security measures to protect against unauthorized access, we cannot guarantee absolute security of your account, Content or User Info. You agree to immediately notify Trail See of any unauthorized use of your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Info and any other information you provide to Trail See.Subscription Accounts
You can upgrade your experience with our Services by creating a Subscription account and providing us with a method of payment, which we will charge only after you click “Submit” on the confirmation page. Once payment is received, we will change your account to “Trail See Subscription Member” status. By becoming a Subscription member, you agree to pay all subscription fees and other charges incurred on your account and you authorize Trail See to charge your registered payment method. You may elect to pay membership fees on a monthly or annual basis. Subscription fees must be paid in advance and will be automatically billed at the start of the monthly or annual period, as applicable, and will auto-renew unless or until your membership is terminated. Trail See reserves the right to change its fees at any time upon reasonable notice posted on the Service. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new services to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY RENEWAL MEMBERSHIP PERIOD.Account Cancellation
You may cancel your Subscription membership at any time on your “Account” page or by emailing us at firstname.lastname@example.org. Subscription cancellations will go into effect at the end of your current billing cycle. Once cancelled, your account will be changed to “Trail See Free” mode. We will not provide any refunds or credits upon cancellation. You can reactivate your subscription at anytime at the then-current rates without opening a new account.3. User Conduct
We encourage users to share or upload information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) to our available Services. You agree to not use the Services to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) upload, post, email, transmit or otherwise make available any Content that is false, misleading, or potentially harmful to other users of the Services; (c) upload, post, email, transmit or otherwise make available any Content that you do not have a legal right to make available; (d) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (e) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (f) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Services or servers or networks connected to the Services, or violate any policies or procedures of the Services; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the Services or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Services.
You acknowledge that Trail See and its designees shall have the right but not the obligation to monitor, refuse or remove any Content that is available through the Services in our sole discretion. You agree to evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You understand that use of certain features of the Site may require you to purchase third party equipment or materials (e.g., mobile service). Trail See makes no guarantees regarding third party equipment or materials and shall have no responsibility for your purchase or use of any third party equipment or materials, regardless of Trail See’s recommendations.4. Content
The Site is for your personal and noncommercial use. Trail See owns or is the licensee of any and all “Trail See Content” provided in the Services, including without limitation, software, technology, text, forum posts, chat posts, profiles, accounts, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or from the Services, as well as the design and appearance of our applications and websites, excluding User Content. You have no right or title in or to any Trail See Content Except as otherwise expressly stated below, all Trail See Content is owned by Trail See or its affiliates, subsidiaries, licensors or suppliers. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any portion of the Trail See Content or Services, or use of or access to the Services.
Trail See grants you a personal, non-transferable and non-exclusive right and license to access and use the Services provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to access the Services by any unauthorized means.
The term TRAIL SEE, the Trail See logo and other Trail See logos and product and service names are the exclusive trademarks of, and are owned by, Trail See, Inc., and you may not use or display such trademarks in any manner without Trail See’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners. Trail See reserves all rights not expressly granted hereunder.User Content
Except as expressly stated otherwise herein, You hereby grant Trail See and its affiliates a perpetual, irrevocable, worldwide, royalty free, transferable, assignable, and sub-licensable, non-exclusive license to your User Content and all versions or derivative works thereof, including without limitation the right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any and all media and in any manner or method now known or hereafter discovered, in connection with our Services, including marketing and promotions thereof.5. Advertisements and Third Party Links
The Services may feature advertisements from us or third parties, which may include links to third party websites or vendors who may invite you to participate in a promotional offer. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Trail See does not control and is not responsible for the linked sites or their collection or use of information you provide them. Trail See makes no endorsement, representation, or warranty regarding any content, goods and/or services provided by any third party even if linked to or from our Services, and will not be liable for any claim relating to any third party content, goods and/or services.6. Interactions with Site Users
The Services allow users to connect and share information. When users share information, Trail See is not directly involved and therefore has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Trail See shall have no responsibility to confirm user identities, backgrounds, or abilities. We encourage you to always exercise common sense and good judgment when dealing with any user of the Services.
If you elect to use our “share-a-trail” feature or similar Site features for informing a friend about our Site or for emailing a trail or other information to a friend, Trail See will require you to provide your friend’s contact information and/or email address. Trail See will automatically send that friend a one-time email. Trail See may store the information you provide for a period of time, provided that Trail See will use such information only to identify if your friend is or later becomes a member of Trail See. You represent that you are authorized to provide any third party email address or other information that you provide to Trail See.7. User Feedback
We appreciate feedback regarding the Services. If you provide feedback, it is included in the User Content license granted herein. For this reason, please do not send Trail See any feedback that you do not want licensed to us. In addition, by communicating with us electronically, including by providing User Info and User Content, you authorize us to contact you electronically through the contact information provided.8. Disclaimer of Warranties and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, (EXCEPT AS PROHIBITED BY APPLICABLE LAW) INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR- FREE, AVAILABLE AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT TRAIL SEE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE.
YOU EXPRESSLY AGREE THAT ANY ACTIVITIES YOU ENGAGE IN THAT ARE ASSISTED BY THE SERVICES OR GENERATE USER CONTENT CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF INJURY, PROPERTY DAMAGE, OR DEATH. YOU FURTHER AGREE THAT YOU VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF TRAIL SEE OR OTHER USERS. YOU ALSO EXPRESSLY AGREE THAT TRAIL SEE IS NOT RESPONSIBLE FOR MONITORING OR VERIFYING ANY USER CONTENT, INCLUDING TRAIL INFORMATION AND DOES NOT ASSUME RESPONSIBILITY FOR MONITORING, SUPERVISING OR CONDUCTING ANY EVENTS THAT USE TRAIL SEE’S SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TRAIL SEE OR ITS LICENSORS ARISING OUT OF OR RELATING TO THE SERVICES IS TO STOP USING IT, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT TRAIL SEE, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT TRAIL SEE OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "TRAIL SEE AFFILIATES") ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ANY OF THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES. IN NO CASE SHALL TRAIL SEE’S OR ITS AFFILIATES’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO TRAIL SEE FOR THE SERVICES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, EVEN IF THE AMOUNT IS ZERO.
IN NO CASE SHALL TRAIL SEE OR ITS AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ACCOUNTS. WHILE TRAIL SEE USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, TRAIL SEE AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY TRAIL SEE SERVICE OR CONTENT ON YOUR COMPUTER AND/OR DEVICE.
SOME STATES OR JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, TRAIL SEE AND ITS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.9. Indemnity
If you believe any part of the Content infringes a copyright owned by you (or are authorized to act on behalf of the copyright owner), please notify us immediately if you believe that (a) any Content displayed on the Site infringes your copyright or (b) any link posted on the Site links to materials that infringe your copyright. Upon receipt of a proper notice, we will remove or disable access to the disputed materials (or the subject of infringing activity). The notice must be in writing and must include the following: a description of your copyrighted work; a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the applicable Services (such as screenshots); your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the copyright owner, an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Your notice must be signed (physically or electronically) and must be addressed as follows:
c/o Trail See, Inc.
PO Box 4291
Truckee, CA 96160
You agree that Trail See may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other policies, (b) requests by law enforcement or other government agencies, (c) a request by you to cancel your account upon final payment,, (d) discontinuance or material modification to the Services (or any portion thereof), (e) technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with or inside your account, and (z) prohibition of further use of the Services. Further, you agree that all terminations for cause shall be made in Trail See’s sole discretion and that Trail See shall not be liable to you or any third party for any termination of your account or access to the Services.12.Governing Law
The Services are controlled by Trail See from its offices in California. Trail See makes no representation that the Content or the Services are appropriate, available for, or legal to use in other locations. If you are located outside the United States, you are responsible for compliance with applicable local laws when accessing the Services. These Terms and any dispute arising out of or related to it or the Services shall be governed by the laws of the United States, the State of California, without regard to conflicts-of-law, and you expressly agree that exclusive jurisdiction for any such claim or action shall be the federal or state courts located in Nevada County, California, USA, and you expressly consent to the exercise of personal jurisdiction of such courts. Except with regards to the indemnification provisions of these Terms, and to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.13. General
You may not assign any rights or obligations hereunder without Trail See’s prior written consent, and any unauthorized assignment by you is void and ineffective. Trail See has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Trail See’s failure to exercise any right or remedy under these Terms shall not be construed as a waiver, and no waiver of any provision, condition, or requirement shall constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly set forth herein, the Terms of Service may not be modified except in writing signed or posted by Trail See. Trail See’s notice to you via email, regular mail or notices or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
For support related to the Services, please contact us as follows:
By Email: email@example.com
We will try to respond to support requests within 96 hours after the request is placed. If you have any questions regarding these Terms, please contact us by email at firstname.lastname@example.org
©2014 Trail See, Inc