Disclaimers and Privacy Policy of Terrific Trails Inc
Disclaimer/Terms of Use/Privacy Policy/Affiliate Disclosure
Updated as of January 10, 2020
The information contained on this and all associated websites, video channels and books is not to be considered a guide.
ACCEPTANCE OF TERMS
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
This Terms of Use Agreement (the "Terms of Use" or "Agreement") describes the terms and conditions applicable to your access and use of this Terrific Trails website (www.terrifictrails.com), which is the Website of Terrific Trails Inc. By using the Website, you agree to be bound by the Terms of Use.
Terrific Trails Inc, its successors and assigns, and Terrific Trails Website may revise this Agreement at any time by posting the amended Terms of Use on this Website. By continuing the use of this Website you agree that you will be bound by any changes to the Terms of Use. It is your responsibility to review the Terms regularly. You understand that Terrific Trails Inc may discontinue or restrict your use of this Website for any reason.
Please review our disclaimers, privacy policy, data collection, advertisement, and other policies below as well, which also govern your use of the Website, to understand our practices. If you do not agree, please discontinue using the Website.
ABOUT THE INFORMATION ON THIS WEBSITE
All information on this Website is provided for general information purposes only.
We make no representations or warranties of any kind about the information provided on the Terrific Trails Website or via hypertext links or any other item used, either directly or indirectly from this Website and we reserve the right to make changes and corrections at any time, without notice. By accessing this Website, you agree that Terrific Trails Inc, its successors or assigns, and the Terrific Trails Website will not be liable for any inaccuracies or omissions or any direct, special, indirect or consequential damages or losses, or any other damages or losses of whatsoever kind resulting from whatever cause through the use of any information obtained either directly or indirectly from or through this Website and any decisions based on such information are the sole responsibility of the visitor / user.
LINKS TO THIRD PARTY INTERNET SITES
This Website contains links to information hosted on other internet sites, which are maintained by third parties. Use of such other internet sites is at your own risk. Terrific Trails Inc and the Terrific Trails Website expressly disclaim any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by, available through, or advertised on such other third party internet sites and Terrific Trails Inc and the Terrific Trails Website disclaims all liability with regard to your access to and use of such linked internet sites. Moreover, these links do not imply an endorsement with respect to any third party, any information or material on any other site.
Your interactions or dealings with companies, organizations and/or individuals found on or through the Terrific Trails Website, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such other companies, organizations and/or individuals. You agree that Terrific Trails Inc and the Terrific Trails Website will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Website, or between a user and any third party, Terrific Trails Inc and the Terrific Trails Website is under no obligation to become involved, and you agree to release Terrific Trails Inc and its owners, affiliates, officers, employees or agents from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Terrific Trails Website.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE INFORMATION, CONTENT AND PRODUCTS OFFERED ON OR THROUGH THIS WEBSITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TERRIFIC TRAILS INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TERRIFIC TRAILS INC MAKES NO WARRANTY THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TERRIFIC TRAILS INC NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL TERRIFIC TRAILS INC, ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TERRIFIC TRAILS INC, ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, OR EMPLOYEES, ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Specific Disclaimer for Hiking: Hiking is an outdoor activity and carries a higher level of risk than most ordinary activities. Consequently, hiking can be potentially hazardous and/or dangerous. Unpredictable and/or unforeseen events or conditions, adverse weather (e.g., storms, lightning, flash flood, etc...), terrain (e.g., rock slides, mud slides, etc...), wild animals (e.g., bears, snakes, bees, scorpions, spiders, etc...), plants (e.g., if you ever stepped or fell into a cholla cactus then you know how serious this is) could injure or kill you. Many more natural and/or man made risks could lead to injury or death both on the trails and while traveling to the trails.
Consequently, it is the responsibility of the users of this and all associated websites, video channels and books to learn the necessary skills for safe hiking and backcountry travel. Users have to have the proper physical fitness and gear, including proper detailed hiking map while hiking. The maps provided in this and all associated websites, video channels and books are NOT considered proper, detailed hiking maps. They are for general informational, and entertainment purposes only. The included GPS tracks are also provided only as general information, and users should not rely on their accuracy. GPS recordings and/or readings could be erroneous and might mislead the user. In addition, physical locations of trails change per the National Park Service’s (NPS) rerouting efforts. Trails could be closed by the NPS and/or opened in different directions under the same trail name than the trail descriptions or GPS tracks on this and all associated websites, video channels, books indicate. It is the responsibility of the user to ask advice from park rangers and park officials before attempting any hike on any trail. Various weather, trail, and/or wildlife warnings could be in effect that only local park rangers are aware of and only they can be a reliable source of information.
All users of this and all associated websites, video channels and books must assume full responsibility for their own actions and safety, exercise sound judgment, and be prepared for all conditions while hiking or traveling to the trails. These conditions change from day to day, and from season to season, therefore rendering any information on this and all associated websites, video channels, and books subject to change without warning.
Although the authors of TerrificTrails.com and all associated websites, video channels and books try to make the information contained as accurate as possible, as well as to point out some of the potential hazards on some of the trails, they disclaim any liability for accident, loss, injury, inconvenience, or any other damage that may be sustained by anyone using the information contained on this and all associated websites, video channels, and books. Those who use this information, and those who venture into backcountry wilderness, do so at their own risk. You are solely responsible for using your own judgment in interpreting and using this information to safely enjoy your hiking adventures.
The information contained on this and all associated websites, video channels and books is not to be considered a guide. Instead, it is available so that the users of the information see what the experience of the author/photographer was on that trail, on that particular day, in that particular hiking season. We take no responsibility, nor assume any liability for inaccuracies, errors, omission, incompleteness of any information, or changing conditions and/or circumstances on the trails. Terrific Trails Inc, its owners, its sponsors, its advertisers, and/or anyone contributing information to this and all associated sites, video channels, and books shall not be held liable for any inconvenience, accidents, rescues, injuries or loss of life should you undertake any of the hikes listed on this and all associated websites, video channels and books.
ELIGIBILITY
By using this Website, you represent and warrant that:
- all registration and other information you submit, if any, is truthful and accurate;
- you will maintain the accuracy of any information you provide;
- you will not submit any personal information if you are under 13 years of age; and
- your use of this Website does not violate any applicable law or regulation.
INTELLECTUAL PROPERTY
Unless otherwise indicated, all of the content featured or displayed on the Terrific Trails Website, including, but not limited to, still images, text, user interfaces, visual interfaces, pictorial works, video images, still images of video, graphic designs, audio recordings, eBooks, digital magazines, multimedia combinations and computer programs, including web-based programs, (“Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of Content is owned or licensed by Terrific Trails Inc, or in the public domain, and are protected by U.S. and international copyright, trademark and other intellectual property laws.
Display advertisements for third parties are not considered Content for purposes of these Terms; however, such advertisements are owned or licensed by the respective third parties and may be subject to protections similar to those set forth in these terms.
Pursuant to the copyright and trademark laws of the United States, you agree:
Use of Content on or from this Website
You may view and use a single copy of the materials obtained from this Website for your personal, non-commercial use. Except as expressly permitted on this Website, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from this Website. No graphics, photographs or other visual elements obtained through this Website (excepting those in the public domain) may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or Terrific Trails Inc. You are not permitted to use the Content or materials on this Website except as expressly set forth herein.
Content made available for public download on this Website may be used, reproduced only for non-revenue generating PERSONAL PURPOSES, in accordance with these Terms, provided you do not modify the Content and that all copyright, trademark and other proprietary notices contained in the Content remains intact. Additionally, you agree that such permission does not include the public display or distribution of any Content - for example, but not limited to, on a website - or making any derivative uses of the Content. The permission granted herein is revocable at any time, with or without cause.
You may not under any circumstances attempt to deface, shut down or otherwise damage this Website. Except for your use as authorized in this Terms of Use, you may not modify, reproduce or distribute the Content, design or layout of this Website, or individual parts or sections of the Content, design or layout of this Website, nor mirror the Content, design or layout of this Website, without the express prior written permission of Terrific Trails Inc.
To request permission to reproduce, modify, distribute or publicly display Content from this Website, please contact us at: info@terrifictrails.com
INDEMNITY
The authors of this and all associated sites, video channels and books provide no warranties, either express or implied, that the information provided on this or any of the associated sites, video channels, and books is accurate or reliable. You agree to indemnify, defend and hold Terrific Trails Inc, its owners, affiliates, officers directors, employees or agents harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of this Terrific Trails Website and/or breach of this Agreement.
COPYRIGHT
This copyrighted website, and all associated websites, video channels and books are the exclusive properties of Terrific Trails Inc. They have been provided for personal and non-commercial use only. You may not copy, modify, excerpt, distribute, transmit, publish, license, create derivative works from, transfer, or sell any text, photos or any other content obtained from this and all associated websites, video channels, and books. Terrific Trails Inc has also made every attempt to comply with all applicable laws and regulations regarding content and copyright. Please notify us immediately if you are aware of any copyright issues related to TerrificTrails.com. Although Terrific Trails Inc has made every attempt to comply with all applicable laws and regulations, Terrific Trails Inc shall not be held liable for any content or copyright regulations regarding any other website reached via this website.
NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you are a copyright owner or agent thereof and believe that Content you own has been copied and made accessible on this Website in a manner that infringes on your intellectual property rights please submit a notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to the Website Copyright Agent with the following information:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our COPYRIGHT AGENT can be reached as follows:
By mail:
ATTN: Copyright Agent
Terrific Trails Inc
800 NE Tenney Road, STE 110-224
Vancouver, WA 98685
United States
PRIVACY POLICY
Please refer to our privacy policy below for information on how Terrific Trails Inc and the Terrific Trails Website collects, uses and discloses personally-identifiable information from its users. By agreeing to these Terms, you acknowledge that Terrific Trails Inc and the Terrific Trails Website may collect, use and disclose your information as described in our Privacy Policy.
USER MATERIALS AND USER INTERACTIVE AREAS
This Website may include blogs, user-generated content or other interactive areas or services (“User Interactive Areas”), in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Website (“User Posted Content”). You are solely responsible for your use of such User Interactive Areas and use them at your own risk. You are solely responsible for User Posted Content that you post on or through this Website.
By using any User Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
- User Posted Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Posted Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- User Posted Content that impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Promotions, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and/or
- User Posted Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Posted Content, you represent and warrant that you have the lawful right to reproduce, publicly perform, publicly display and distribute such User Posted Content;
Terrific Trails Inc and the Terrific Trails Website are not liable for any User statements, User representations or User Posted Content in any Interactive Area. Terrific Trails Inc has the right, but does not assume the responsibility, for monitoring the Terrific Trails Website for inappropriate content. Consequently, Terrific Trails Inc may delete or edit any content for any reason, without notice, including content that, in the sole judgment of Terrific Trails Inc is offensive, illegal or may violate the rights, harm, or may threaten the safety of any person.
Any use of the User Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the User Interactive Areas and/or the Website.
By submitting User Posted Content on or through this Website, you hereby grant to Terrific Trails Inc a worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such User Posted Content in any form, and Terrific Trails Inc may sublicense all or part of its rights under this license or assign them to third parties. You represent and warrant that:
- you own the User Posted Content you submit on or through this Website or otherwise have the right to grant the license set forth in this section;
- the User Posted Content is accurate and not misleading; and
- the posting of your User Posted Content on or through this Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Privacy policy: In order to help support this website, TerrificTrails.com uses third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisement about goods and services of interest to you. For additional information about this practice and to learn about your choices with regards to not having this information used by these companies, visit the Network Advertising Initiative or Google's page describing how it collects information from websites and apps that use their services.
This website doesn't use cookies. However, third party websites, such as Standard Google Analytics do use them. Additionally, Google Adsense, and Amazon also use cookies when you click on any of their banner ads or links. This website doesn't collect, store, use or sell any of your personal information to any third parties. This includes IP addresses from Standard Google Analytics, or names and email addresses from website visitors who send us emails.
Affiliate Disclosures: We are a participant in the Amazon Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. As an Amazon Associate we earn from qualifying purchases. We are also a participant in the AvantLink Affiliate Marketing Platform, a network of merchants that also provide a means for us to earn commissions by linking to certain affiliates within their network. This includes merchants we've established affiliate relationships with, such as REI. By clicking on a link or banner ad from any of the affiliates on this website, we may receive a commission if you purchase a product or service. The Amazon and other affiliate commissions do not cost you anything. Your are not paying higher price for any of the purchases because of these commissions but they provide a mean for us to offset the costs of creating and maintaining the free content and websites, channels.
PASSWORD
You may be assigned or create a username and password with which to access certain areas of this Website. You agree not to use the username or password of another user at any time or to disclose your password to any third party. You agree to notify Terrific Trails Website and Terrific Trails Inc if you suspect any unauthorized use of your username or access to your password. You are solely responsible for any and all uses of your username and password.
CHILDREN
The Website is not directed toward children under 13 years of age, nor does Terrific Trails Website or Terrific Trails Inc knowingly collect information from children under 13. A parent or guardian must initiate any requests for information for children under the age of 13 on their behalf.
LOCATION
The Website is operated by Terrific Trails Inc from its offices in the United States. The Terrific Trails Inc makes no representation that the Content of this Website is available or appropriate for use in other locations. Those who choose to access this Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
CHOICE OF LAW AND FORUM
All claims arising out of this Agreement or relating to this Website will be governed by the laws of the State of Washington, USA, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to this Website shall be brought exclusively in a state or federal court in or for Clark County, Washington, USA.
UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
OTHER
The failure of Terrific Trails Inc to act with respect to any failure by you or others to comply with these Terms of Use does not waive the right of Terrific Trails Inc to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and Agreement between you and Terrific Trails Inc with respect to the subject matter hereof. Any cause of action or claim you may have with respect to this Agreement or this Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.