The information available on the Site, including, without
limitation, reviews, opinions, directions, guides, graphics, photographs,
logos, audio or video clips, and data (collectively "Content") may
contain information relating to a hazardous activity. LoveToKnow
does not certify or endorse the Content on the Site, including
without limitation, any opinion, recommendation, advice, or any other
information contained in the Content.
LoveToKnow is not
responsible for harm to persons or property that results from your use of the
Site, including without limitation, use of any content on the Site.
the Site (as defined below) and/or becoming a member of Trails, you agree to
incorporated by this reference. Together
you and LoveToKnow Corp. ("Company" "we" "us" "Trails.com"
or "Trails") and is hereinafter referred to as the "Terms". The Terms are updated from time to time so please check back
for changes that may impact you. The
Terms apply to the website located at Trails.com and any of our affiliated
websites. By continuing to use the
Site after we post any such changes, you accept the Terms, as modified.
You may now, in the future and/or as a condition to accessing certain of
expressly consent to these terms, for example, by checking a box or clicking on
a button marked "I agree." This
type of agreement is known as a "click-through" agreement. If any of the terms of the click-through
agreement are different than the terms of these Terms, the terms of the
click-through agreement will supplement or amend these Terms but only with
respect to the matters governed by the "click-through" agreement.
website ("Site") is a subscription service that provides hiking tips and
instruction articles, comprehensive coverage of hiking and other outdoor
recreational trails and reviews of outdoor adventure products and equipment ("Content").
Only registered members ("Members") have access to certain of our services,
such as to receive emails, newsletters, offers, to enter contests and other promotions
and to submit user-created content such as discussion group postings, customer
reviews, comments, pictures, score cards and the like. The Site and Content are the wholly-owned, copyrighted
property of LoveToKnow Corp. ("Company"), and are
subject to U.S. and international copyright protection laws, trade dress, moral
rights, and other intellectual property rights. The copying, redistribution,
use or publication by you of any part of the Site and/or Content, except as
expressly set forth herein, is strictly prohibited. All right, title and
interest in and to the Site and Content are and will remain the exclusive
property of us and our licensors. Trails is a trademark of LoveToKnow
Corp. You may not use any trademark and/or service mark appearing on
our Site without our prior written consent.
about User-Created Content and Links to Third Party Websites
(a) We are sometimes a
passive conduit for the information that users submit. We will not review every submission a
user may make. Errors may appear on
the Site from time to time. Some
content that you may find on the Site was not created, edited, or posted by us
(for example, customer reviews, comments, pictures, discussion group postings
and score cards). This content
represents the views of third party contributors and is not endorsed by
us. We do not guarantee the
accuracy of any third party contribution.
(b) We may from
time to time provide links to third-party websites including, without
limitation, advertisers and merchants.
These websites and the parties that control them are not under our
control. We make no representations
as to the content, quality, suitability, functionality or legality of any sites
to which we may provide links, and you hereby waive any claim you might have
against us with respect to such sites and their operators. You may order services or merchandise
through links on the Site from persons not affiliated with us. All matters
concerning such merchandise or services, including, without limitation,
purchase terms, payment terms, warranties, guarantees, maintenance and
delivery, are solely between you and the merchants with whom you choose to do
business. We make no warranties or
representations whatsoever with regard to any goods or services provided by
those merchants. We are not, nor will
we be deemed to be, nor will you consider us to be, a party to such
transactions, whether or not we may have received some form of remuneration in
connection with the transaction. We
will not be liable for any costs or damages arising out of any transaction
(whether directly or indirectly) between you and any other person or entity.
Use of the Site
Members may use the Site to browse and search during their period of active
membership. Some Content is also
available for searching and browsing to prospective members. Crawlers, spiders, programmable scripts
or other automated technologies may not be used to browse, search or download
may use the Site only for the purposes expressly set forth on the Site and in
these Terms. Any other use of the
Site is prohibited. If there is a
conflict between any statement on the Site and any provision of these Terms,
the provision of these Terms will apply.
exploitation of the Site is strictly prohibited, except as expressly set forth
any other provision of these Terms, You must not: (i)
access or use the Site for any purpose that is unlawful; (ii) access or use the
Site for any purpose that is not expressly permitted by the Site or this
Agreement; (iii) access or use the Site in any manner that could damage,
disable, overburden, or impair any Company computer system, server, or network;
(iv) access or use the Site in any manner that interferes with any other person's
access or use of the Site; (v) attempt to gain unauthorized access on the Site,
other accounts, or any Company computer system, server, or network; or (vi)
access or use materials or information through any means not intentionally made
available by Company.
any other provision of this Agreement, you must ensure that your use and access
of the Site complies with all applicable laws and regulations.
Site is not intended to be used by persons under the age of 18. You represent and warrant that you are
at least 18 years of age. If you
are not at least 18 years of age, you must not access or use the Site.
Site is not directed to collecting data from European citizens. You represent and warrant that you are
not a European citizen. If you are
a European citizen, you must not access or use the Site.
the registration process, you must select a password. The information that you supply during
the registration must be accurate and complete. Further, you will not register under the
name of another person or company.
You are responsible for the actions that you or anyone else takes
through your password, and you must maintain the confidentiality of your
password. If you believe that there
has been an unauthorized use of your account, please contact us at:
(b) You agree
not to use the Site to send or submit materials:
(i) that are false, inaccurate or misleading;
(ii) that are libelous, threatening or harassing;
(iii) that are obscene or contain any kind of pornography;
(iv) that interfere with the ability of others to enjoy the Site;
(v) that are fraudulent or involve the sale of counterfeit or
(vi) that instigates or encourages others to commit illegal
activities or cause injury or property damage to any person;
(vii) that infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of publicity or
(viii) that might create liability for us or might cause us to lose
(in whole or in part) the services of our Internet service providers or other
(ix) that impersonate any other person or entity, whether actual
or fictitious, including impersonating an employee or consultant of the
(x) that link to or include descriptions of goods or services
that: (A) are prohibited under these Terms; or (B) you do not have a right to
link to or include;
(xi) that violate any law, statute, ordinance or regulation
(including without limitation those governing export control, consumer
protection, unfair competition, anti-discrimination and false advertising);
(xii) that contain any content that you do not have the right to
make available under any law or any contractual or fiduciary relationship (such
as inside information and confidential information learned under a
non-disclosure agreement); or
(xiii) that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information.
reserve the right for ourselves and our agents to edit or delete any user-created
content for any or no reason whatsoever.
YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR
CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION")
THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO
THE SITE, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO
ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY US $40 FOR
EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
Use of Your Materials
By submitting material to or through the Site, or through Trails.com campaigns & contests on the Site or on our social media channels, you grant us and our partners, agents, affiliates and service providers (collectively, "Affiliates"), the non-exclusive right to reproduce, modify and distribute such material as we see fit for any purpose in any form, media, or technology now known or later developed.
Members may register for one
(1) year. Memberships will
automatically renew at the end of the initial registration period or any
renewal period unless auto-renewal has been disabled. Each renewal term will be the same
duration as the initial term. To
disable auto-renewal, log in to your account; follow the link "Click here for more information on how to disable
auto-renewal." and click the button to disable auto-renewal. If you are unable to disable
auto-renewal, contact us at customerservice...Trails...com.
hereby grant you the limited, revocable, non-transferable, non-sublicenseable license, under the rights we have in the
Content, to view and use the Site solely for the purpose of acquiring
information in accordance with the Agreement. As between you and us, we retain
all right, title, and interest in and to the Site. Except as provided in this Agreement,
permission to reprint or electronically reproduce any content in whole or in
part for any other purpose is expressly prohibited. The Site and all content contained
therein is protected by copyright and intellectual property rights under both
United States and foreign laws and all rights not expressly granted are
reserved by us, our affiliates, and our partners. Subject to applicable law, we reserve the
right to suspend or deny, in our sole discretion, your access to all or any
portion of the Site with or without notice.
9. Rights and Access
Privileges Do Not Transfer
Trails Members are not allowed to
transfer, share, trade, or sell their membership unless by express written
permission of LoveToKnow Corp. Each membership shall
be uniquely associated with one person and that person alone shall have Site
10. Linking and Framing
may link to the Site to allow others access to the Site, provided that the
link does not state or imply any sponsorship or endorsement of your site by us.
(b) You may not
in-line link to any of the content on our Site, or incorporate into any other
website or service, any of the content on the Site without our prior written
11. Notices of Claimed Infringement
you believe that any material found on the Site has been used in a manner that
constitutes infringement of your copyrighted work, please send us a notice that
includes the following information:
(i) A physical
or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a representative list
of such works at that site.
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the
reasonably sufficient to permit the service provider to contact the complaining
party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted.
statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law.
statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
designated agent for notice of alleged copyright infringement appearing on the Site
is: Diane Griffith, LoveToKnow Corp., 1325 Howard
Ave, Suite 307, Burlingame, CA 94010, admin...lovetoknow...com.
OF WARRANTY AND LIABILITY
CORP. MAKES NO WARRANTIES AS TO THE FITNESS, CORRECTNESS, RELIABILITY, OR
MERCHANTABILITY OF THE CONTENT OR SITE FOR A PARTICULAR PURPOSE. LOVETOKNOW
CORP. PROVIDES NO ASSURANCES OR WARRANTIES THAT THE SITE OR CONTENT WILL BE
FREE FROM ERRORS, OMISSIONS, INCOMPATIBILITIES, INTERRUPTIONS, OR VIRUSES OR
OTHER RISKS COMMONLY ASSOCIATED WITH THE USE OF COMPUTERS, SOFTWARE OR THE
INTERNET. LOVETOKNOW CORP. HAS NO OBLIGATION TO SERVICE OR REMEDY ANY ASPECT OF
THE SITE OR THE CONTENT; AND HAS NO OBLIGATION TO ASSUME THE COSTS OF REPAIRS
OR SERVICE TO USERS' HARDWARE, SOFTWARE, OR OTHER EQUIPMENT IN THE EVENT OF ANY
CLAIMS OF DAMAGES.
NO EVENT WILL LOVETOKNOW CORP., ITS OFFICERS, DIRECTORS, AFFILIATES, OR
EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR
CONTENT, EVEN IF LOVETOKNOW CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
CONTENT MAY CONTAIN INFORMATION RELATING TO HAZARDOUS ACTIVITY. WE ARE NOT RESPONSIBLE FOR HARM TO
PERSONS OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SITE INCLUDING, WITHOUT
LIMITATION, USE OF THE CONTENT.
Site is controlled and operated by LoveToKnow
Corp. from the state of
California in the United States of America. Those who choose to access the Site from
other locations do so on their own initiative and are responsible for
compliance with applicable local laws.
These Terms constitute an agreement made in, and to be construed in
accordance with the laws of, the State of California without regard to its
conflict of law provisions. By
using the Site, you consent to the exclusive jurisdiction of the state and
federal courts in Santa Clara, California, in all disputes arising out of or
relating to this agreement or any of the Site. Any cause of action or claim you may bring in connection
with the Site, including without limitation any Content, must be commenced
within one (1) year after the claim or cause of action arises or such claim or
cause of action is barred. In any dispute between us and you relating to the
Site, the prevailing party will be entitled to attorneys' fees, costs and
expenses. You agree to accept legal
process via electronic mail, and you will be considered to have received such
process when sent by us via electronic mail, whether or not received by
you. You must keep your address
current and any legal process sent by us to an email address that you have
provided to us will be considered effective service.
and Survival of Certain Provisions
we, in our sole discretion, believe that you have failed to abide by these
Terms in any way, we may terminate this agreement and discontinue, change,
suspend, restrict and/or prohibit your access and/or use of the Site, without
liability to you and/or any third party.
We may also terminate this agreement and prohibit you from accessing or
using the site if: (i) you have engaged in activities
that may harm or damage the reputation, rights, person, or property of the
Site, our users or any other person; (ii) requested by law enforcement or other
governmental agencies; or (iii) your account has extended periods of
inactivity. No action or
omission by Company will be deemed to be a waiver of any right or remedy
provided under these Terms or under applicable law. Without limiting the generality of the
foregoing, we may seek legal remedies necessary to protect our copyrights and
other intellectual property.
(b) In the
event that this agreement terminates, the following sections survive
termination: 1, 2, 5, 11, 12, 13, 14 and 15.
the event that any provision of these Terms conflicts with the law under which
these Terms is to be construed or if any provision is held invalid by a court
with jurisdiction over the parties to these Terms, such provision will be
restated to reflect as nearly as possible the original intentions of the
parties in accordance with applicable law, and the remainder of these Terms
will remain in full force and effect.
(b) If either
party fails to insist upon or enforce strict performance by the other party of
any provision of these Terms, or to exercise any right under these Terms, such
a failure will not be construed as a waiver or relinquishment to any extent of
such party's right to assert or rely upon any such provision or right in that
or any other instance.
Terms constitute the entire understanding between the parties as to the subject
matter hereof, and supersedes all prior agreements and understandings relating
to such subject matter.
(d) These Terms
are personal to you and you may not transfer, assign or delegate them to anyone
without our express written permission. Any attempt by you to assign, transfer
or delegate these Terms without our express written permission will be null and
void. We have the right to transfer, assign and delegate these Terms to one or
more third parties without your permission.
If you have any concerns or
questions about our Terms, please contact us at customerservice...Trails...com