Last updated: November 11, 2014

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://trailposse.com website (the “Service”) operated by The Trail Posse (“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.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Trail Posse Content and Trademarks

The Trail Posse contains content other than the User Content, including articles, photographs, graphics, video content, RSS feeds, and other content or material which is owned or controlled by The Trail Posse or its licensors (collectively, “Trail Posse Content”). By this Agreement, the Service hereby grants you a limited license to use the Trail Posse Service and Trail Posse Content, for your own private, non-commercial viewing purposes. Accordingly, you expressly acknowledge and agree that The Trail Posse transfers no ownership or intellectual property interest or title in and to the Site, The Trail Posse Services or The Trail Posse Content to you or anyone else. All text, graphics, user interfaces, photographs, sounds, computer code (including html code), software, documentation, as well as the selection, coordination, expression, “look and feel,” and arrangement of any content provided to you through the Scout Services (excluding User Content), are owned, controlled, or licensed by The Trail Posse. All rights in or to the Site and The Trail Posse Services not granted herein are expressly reserved to The Trail Posse or its licensors.

If you wish to reproduce or distribute any Trail Posse Content (including, without limitation, creating any derivative works thereof, such as fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards, and unlicensed merchandise) found through the Services, you may submit a request for permission to reproduce or distribute such Trail Posse Content by contacting The Trail Posse via its Contact Page.

The following, in addition to the general rules of conduct described in this Agreement, is a representative list of the kinds of Content that are illegal or prohibited to post on or through the Site or The Trail Posse Services (“Prohibited Content”). Our Service reserves the right to investigate and take appropriate legal action against anyone who, in Service’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Trail Posse Services and terminating such User’s Agreement (and the right to use the Scout Services). The Prohibited Content includes, but is not limited to content that, in the sole discretion of The Trail Posse: (i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) exploits people in a sexual or violent manner; (iii) contains nudity, violence, or offensive subject matter not suitable for a public forum or contains a link to an adult website; (iv) solicits personal information from anyone under 18; (v) provides any telephone numbers, street addresses, last names, URLs, email addresses, or other forms of contact information (other than your own User Data provided directly to Scout in the process of registering or subscribing); (vi) contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs, movies, tv programs, music, or links to any of the foregoing; (vii) involves the transmission of “junk mail,” or unsolicited mass mailing, instant messaging, “spimming,” “spamming;” or contains any advertisements or references to other products, offers, or websites; (viii) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (ix) interferes with, disrupts, or creates an undue burden on the Site or the networks or services connected to the Site; or (x) attempts to impersonate another User or person.

The Trail Posse reserves the right to investigate and take appropriate legal action against anyone who, in Service’s sole discretion, violates this provision, including without limitation, reporting such person to law enforcement authorities.

Message Boards and Public Forums

You acknowledge that certain Trail Posse Services, such as public forums and features, are for public and not private communications, and you have no expectation of privacy with regard to any User Content posted, submitted or distributed on or through a public forum. Scout cannot guarantee the security of any information you disclose through any of these public forums; you make such disclosures at your own risk.

User Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

The Trail Posse has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of The Trail Posse or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to editor@trailposse.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
• 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;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via our Contact Page.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of The Trail Posse 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 The Trail Posse.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by The Trail Posse.

The Trail Posse 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 The Trail Posse 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 account and bar 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.

If you wish to terminate your account, you may simply discontinue using the Service.

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 The Trail Posse 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, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall The Trail Posse, 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.

The Trail Posse 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 Washington, 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.

Contact Us

If you have any questions about these Terms, please contact us.