Terms and Disclaimers
TRAIL KINGS LLC
TERMS OF LIMITATION OF LIABILITY AND DISCLAIMER
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://trailkings.com website (the "Service") operated by Trail Kings LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
BY providing such information AS GPX Files of routes and waypoints, we are neither advising nor advocating in any way that you trespass or enter private or public property not intended for such use. You should at all times be aware of posted property and other dangerous conditions on any trail, including but not limited to bodies of water and other natural hazards, you intend to use. In the event that it appears that a trail marked for public use on one of our maps is in fact not available or becomes unavailable or is no longer safe to use, please advise us immediately in writing via email and we will make every effort to update our information. We however do not have any liability if such information is not included on our site or any maps downloaded therefrom.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Trail Kings LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Trail Kings LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Trail Kings LLC.
Trail Kings LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Trail Kings LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Trail Kings LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Trail Kings LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Trail Kings LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Disclaimer:
This disclaimer governs your use of this website; by using this website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use this website.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.
You may view and download the GPX Files from the website, provided that:
(A) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system except for your own purposes;
(B) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent.
(C) you must not edit or otherwise modify any material on the website.
The GPX files on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
We do not warrant the completeness or accuracy of the material on this website; nor do we commit to ensuring that the website remains available or that the material on this website is kept up-to-date.
The information contained in this website is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The majority of outdoor activities involve risk to both persons and property. There are many variables including, but not limited to, weather, fitness level, terrain features and outdoor experience that must be considered prior to sxs riding and/or sxs driving.
The route descriptions, GPX Files and any other content is intended to be used as informational only, and we are not responsible for the safety or well-being of any one who chooses to follow these routes and/or make sure of any of the information on this website.
Driving routes and waypoints shared through this website may become inaccessible due to a number of reasons including, but not limited to, natural changes in the landscape, natural disasters or construction.
The routes may not have been driven or accessed either in part or whole in some cases and any route description in any form, including as a GPX Files, is intended for information only. Route descriptions in GPX Files are not intended as routes that can be safely followed either by following the description or the map or on a GPS device of any sort or any other related device.
The routes may encounter hazards including but not limited to:
River Crossings;
Steep and rocky ground;
Remoteness;
Private land; and
Fences, walls other obstructions.