Terms Of Use

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Welcome to TrailLink and its affiliated website, TrailLink.com (the “Website”), its associated mobile applications (the “Mobile Applications”) and GoCounter ( the “Mobile Applications”) collectively provided as services (the “Services”) by Rails to Trails Conservancy (RTC). The Services include access to trail descriptions, photos, reviews, ratings, maps, trail counts and stations, blogs and such other services as may be made available from time to time by RTC.

The Services are made available to you by RTC subject to these Terms of Use. By accessing, using or downloading any of the Services, you agree to follow and be bound by these Terms of Use. If you do not agree with the Terms of Use please do not use the Services. By continuing to use the Services, you are indicating your agreement to the Terms of Use and all revisions thereof.

RTC reserves the right at any time to modify or discontinue the Services or any portion thereof with or without notice. You agree that RTC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any portion thereof.

This document is a legal agreement between you and RTC.

Terms & Conditions

RTC has published the information contained in the Services for informational purposes only. You may search, view, download and print the documents and information contained in these Services for personal and non-commercial purposes only which is provided “as is” without any warranty of any kind.

Trail Use and Volunteer Disclaimer

I understand that trail use can be a hazardous activity that has risks, including injury or death resulting for accident or physical exertion. I agree, as a consideration of, an in consideration for being permitted to use the Services and any third party content provide herein, to freely and expressly assume and accept any and all risks of injury or death.

I understand that if I choose to voluntarily collect trail data in support of RTC’s mapping initiative; I do so of my own accord and not at the direction of RTC. I release and forever discharge and hold harmless the RTC from any claim or liability arising from my participation in this initiative.

Personal Information We Collect and How We Use That Information

The registration forms in our Services require users to give us contact information that may include name, email and street address, format preference (HTML vs. Text), interests, financial information and similar information. We do not request or store sensitive information from our users. To review your personal information and request corrections you may contact TrailLink Support or write to TrailLink, 2121 Ward Court NW 5th Floor Washington, DC 20037.

The information you supply will be used to contact you about features of the Services, trails related developments, events, and news; contact you with questions about your account or information you submit through the Services; and to allow you to log your photos, reviews and GIS data and share experiences with other users. By registering and creating an Account to use the Services you explicitly opt-in to receive communications from RTC, TrailLink and the Services.

Authorized third parties may be used by RTC to collect, track and process such information. It may be necessary, if required by law or if pertinent to judicial or governmental investigations, to release your personally identifiable information. If you have submitted personal information to RTC and would like it removed or modified, please contact us. We will use reasonable efforts to comply with your request.

User Content

User Content is defined as images, geocoded photos, videos, reviews, ratings, descriptions, routes, electronic data including GIS data and any other electronic data submitted by you to any of the Services.

You understand and agree that all User Content submitted to RTC, TrailLink and the Services will be publicly available and you have no expectation of privacy with respect to content you submit through the Services.

You hereby grant to RTC in perpetuity a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, copy , distribute, reproduce, modify, adapt, create derivative works from, publicly perform and publicly display, incorporate and otherwise exploit such User Content for any purpose, commercial, advertising, or otherwise or in connection with RTC, TrailLink or the Service or the promotion thereof. RTC’s rights herein may be licensed to an unlimited number of third parties. RTC and its designees shall have the right to remove any User Content from the Services that it in its sole opinion deems objectionable.

Payment Terms and Cancellations

You agree to pay any fees due for andincurred by your use of any Services that require payment such as Token or Premium Subscription (“Paid Services”). If you choose to use Paid Services, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by RTC (“Payment Method”). You may switch to a different Payment Method or update your information by Managing your Subscription in the Settings Tab of My TrailLink. You agree to pay all fees and other charges incurred in connection with your Account. RTC will administer and apply payments you transmit for Paid Services via the online billing mechanisms of its Services in a timely and commercially reasonable manner. Further, RTC reserves the right to terminate your access to a Paid Service on account of your nonpayment of associated charges.

If you want to discontinue a Paid Service, then you must cancel that Paid Service per applicable cancellation procedures. The cancellation of a Paid Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Services through the remainder of such billing cycle. No refunds or credits will be provided by RTC upon cancellation.

Premium Subscription fees are payable on an annual basis. All such Premium Subscription fees are payable in advance. Premium Subscription fees will be billed automatically to the Payment Method at the start of the annual period, as applicable, and will auto-renew until your Premium Subscription is terminated. The renewal Premium Subscription fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize RTC to charge your Payment Method for the appropriate Premium Subscription charges and fees and for any other purchases you elect to make via the Services. RTC reserves the right to increase Premium Subscription fees or to institute new fees at any time upon reasonable notice posted in advance on Websites.

Mobile Applications

By using the Mobile Applications, you agree that RTC, Traillink and the Services may communicate with you regarding the Services by electronic means directed to your mobile device and that certain information about your usage of the Mobile Applications may be communication to the Services.

RTC hereby grants you a personal, non-transferable, non-exclusive, revocable license to use the Mobile Application to employ the Mobile Applications with one Account. An Account is comprised of the shared resources accessible by a single login ID on one mobile device owned or leased solely by your for your personal use. In the event you change or deactivate your mobile device telephone number, you agree to update your TrailLink Account information to ensure that messages are not sent to the person that acquires your former number.

The foregoing license is not a sale of the Mobile Applications or any copy thereof and RTC or its third party partners or suppliers retain all rights, title and interest in the Mobile Applications. Any attempt by you to transfer any of the rights, duties, or obligations hereunder except as expressly provided for in the Terms is void.

Internet Protocol Address

We collect an IP address from all visitors to our Website. An IP address is a number that is automatically assigned to your computer when you use the Internet. We use IP addresses to help diagnose problems with our server, administer our site, analyze trends, track users’ movement, gather broad demographic information for aggregate use in order for us to improve the site, and deliver customized, personalized content. IP addresses are not linked to personally identifiable information.

Use of “Cookies”

The Website may use cookies to enhance your experience while using our site. Cookies are pieces of information that some Web sites transfer to the computer that is browsing that Web site and are used for record-keeping purposes at many Web sites. Use of cookies makes Web-surfing easier by performing certain functions such as saving your passwords, your personal preferences regarding your use of the particular Web site and to make sure you don’t see the same ad repeatedly. Many consider the use of cookies to be an industry standard.

Your browser is probably set to accept cookies. However, if you would prefer not to receive cookies, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our site will not function properly when you view them.

Other Web Sites

The Website contains links to other Websites. Please note that when you click on one of these links, you are entering another website for which RTC has no responsibility. We encourage you to read the privacy statements on all such sites as their policies may be different than ours.

Disclaimer of Warranty and Liability

RTC and its employees make no warranty, express or implied, and assumes no legal liability or responsibility for the accuracy of the data contained in the Services including but not limited to offline map data made available for download to users. RTC has attempted to verify the accuracy of the GIS and trail data, however, the GIS data or trail data contained in the Services may contain inaccuracies or omissions and should in no way be used as a legal description.

The Services are provided “as is” and without warranties of any kind either express or implied. RTC, and its officers, employees, agents, partners, licensors and suppliers, disclaim all warranties, express or implied including but not limited to implied warranties or merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

RTC, its officers, employees, agents, partners, licensors and suppliers do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services servers are virus free. Additionally, RTC and its suppliers and partners do not warrant or make any representation regarding the use or the results of the use of any personal information or location information or the services in terms of security, safety, correctness, accuracy, reliability or otherwise. You assume the cost of any necessary service, repair, or correction related to the Services.

Limitation of Liability

You acknowledge and agree that under no circumstances, including without limitation, negligence, will RTC, its subsidiaries, affiliates, officers, employees, agents, partners, licensors and suppliers be liable to you for any damages related to or resulting from: 1) the use, display or maintenance of a users personal information 2) your ability or inability to use the Services 3) the Services generally 4) any other interaction with RTC or the Services.

Without limiting the foregoing, under no circumstances shall RTC be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control.

In no event shall RTC, its subsidiaries, affiliates, officers, employees, agents, partners, licensors and suppliers total liability to you for all damages, losses and causes of action arising out of or relating to these terms or your use of the Services exceed the amounts paid by you for accessing the services during the twelve (12) months immediately preceding the date of your claim. Applicable law may not allow the limitation of liability or damages. Accordingly, the exclusions and limitations set forth above may not apply in their entirety to you, however, you agree that RTC’s liability will be limited to the extent permitted by law.

Ownership and Proprietary Rights:

The Services are owned and operated by RTC. You acknowledge and agree that these Services, any necessary software used in connection with the Services and any TrailLink content offered as part of the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by RTC or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or any content offered as part of the services (other than User Content as that term is defined below), in whole or in part.

RTC grants you a personal, non-transferable and non-exclusive 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 means other than through the interface that is provided by RTC for use in accessing the Services without the express written consent of RTC. Please contact TrailLink Assistance for more information.

Copyright:

The information contained in the Services is the exclusive property of RTC and any respective copyright owners. The content, code, design and graphics of this site may not be published, posted, reproduced or redistributed by third-parties without the express written consent of RTC. Please contact TrailLink Support for more information.

Trademark:

The terms TrailLink and Rails to Trails Conservancy along with the respective logs and names of the specific Services are the exclusive trademarks of RTC and you may not use or display such trademarks in any matter without RTC’s prior written permission.

Changes to this Agreement:

RTC reserves the right to revise this Agreement. Your use of the site implies your consent and understanding of the current terms of this agreement.

Contacting TrailLink:

If you have any questions about this Agreement please contact:

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