I. Who may use the Services
You may use the Services only if you agree to form a binding contract with Trailpost and are not a person barred from receiving the Services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years of age to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
III. Content on the Services
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on Content or materials posted via the Services or obtained by you through the Services is at your own risk. Trailpost does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. Trailpost may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
Trailpost respects the intellectual property rights of others and expects users of the Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at Trailpost’s sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us, as described in our Copyright Policy. If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by visiting our Help Center and contacting us.
You retain your rights to any Content you submit, post, or display on or through the Services.
By submitting, posting, or displaying Content on or through the Services, you grant Trailpost a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes Trailpost to make your Content available to the rest of the world and let others to the same. You agree that this license includes the right for Trailpost to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media services, subject to our terms and conditions for such Content use. Such additional uses by Trailpost, or other companies, organizations or individuals, may be made with no compensation paid to you with the respect to the Content that you submit, post, transmit, or otherwise make available through the Services.
Trailpost has an evolving set of rules for how our partners can interact with your Content on the Services. These rules exist to enable an open system with your rights in mind. You understand that we may modify or adapt your Content in order to adapt the Content to different media. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
IV. Using the Services
You must review the Trailpost Rules & Guidelines, which outline what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules, and regulations.
Trailpost’s Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate accounts, and reclaim unique resources, such as usernames, from users and other records without liability to you.
In consideration for Trailpost granting you access to and use of the Services, you agree that Trailpost and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services:
- Access, tamper with, or use non-public areas of the Services, Trailpost’s computer systems, or the technical delivery systems of Trailpost’s providers
- Probe, scan, or test the vulnerability of any system or network or beach or circumvent any security or authentication measures
- Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Trailpost (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Trailpost (NOTE: Crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Trailpost is expressly prohibited)
- Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information
- Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Trailpost also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
- Satisfy any applicable law, regulation, legal process, or governmental request
- Enforce the Terms, including investigation of potential violations hereof
- Detect, prevent, or otherwise address fraud, security, or technical issues
- Respond to user support requests
- Protect the rights, property, or safety of Trailpost, its users, and the public
If you use developer features of the Services, including but not limited to the Trailpost Application Programming Interface, you must have a Developer Agreement with Trailpost. At this time, Trailpost is not entering into new Developer Agreements with any third parties.
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account only. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old phone number.
Your license to use the Services
Trailpost gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Trailpost, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Trailpost name or any of the Trailpost trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Trailpost and its licensors. Any feedback, comments, or suggestions you may provide to Trailpost, or the Services is entirely voluntary and Trailpost will be free to use such feedback, comments, or suggestions as Trailpost sees fit and without any obligation to you.
Ending these Terms
Trailpost may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe:
- You have violated these Terms or the Trailpost Rules & Guidelines
- You create risk or possible legal exposure for Trailpost
- Your account should be removed due to prolonged inactivity
- Our provision of the Services to you is no longer commercially viable
Trailpost will make reasonable efforts to notify you by the the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI.
V. Disclaimers and limitations of liability
The Services are available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Trailpost Entities” refers to Trailpost, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE TRAILPOST ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Trailpost Entities make no warranty or representation and disclaim all responsibility and liability for:
- The completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content
- Any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content
- The deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services
- Whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis
No advice or information, whether oral or written, obtained from the Trailpost Entities or through the Services, will create any warranty or representation not expressly made herein.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TRAILPOST ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES
- ANY CONTENT OBTAINED FROM THE SERVICES
- UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TRAILPOST ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TRAILPOST, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE TRAILPOST ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Trailpost may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be available on trailpost.com, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The laws of the State of Pennsylvania, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Trailpost. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Philadelphia County, Pennsylvania, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Pennsylvania (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Trailpost’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and Trailpost LLC, 333 E. Lancaster Ave. Suite 349, Wynnewood, PA 19096, U.S.A. If you have any questions about these Terms, please contact us.
Effective: November 7th, 2016