Trailz App LLC Terms of Service and User Agreement

Please read these Terms of Service and User Agreement (the “Terms”) carefully before using “Trailz – Let’s Ride” (the “Service”) operated by Trailz App LLC. (“us”, “we”, “our” or “Trailz App LLC”). The Terms also include the ‘Trailz App LLC Privacy Policy’, which is posted on our website.Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. Your registration for and/or use of the Service shall be deemed to be your agreement to abide by these Terms, including any requirements or policies available on Trailz App LLC website incorporated by reference herein, including but not limited to Trailz App LLC Privacy Policy. These Terms apply to all visitors, users and others who access or use the Service and constitute the entire agreement between you and us. There may be times when we offer a service or product that has its own written terms and conditions that apply in addition to these Terms (“Additional Terms”). In those cases, the Additional Terms will control to the extent there is a conflict with these Terms, unless the Additional Terms state otherwise. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. PLEASE READ THESE TERMS IN THEIR ENTIRETY. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access the Service.

Trailz App LLC hereby grants you a non-exclusive, non-transferable, limited, revocable, worldwide right to use the Service during the term of your subscription, solely for your own internal, non-commercial purposes, subject to these Terms. All rights not expressly granted to you are reserved by Trailz App LLC and its licensors.

You agree not to (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) embed the Service as a frame from within another application; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to the Service, or (c) copy any ideas, features, functions or graphics of the Service.

You agree not to: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein, or Trailz App LLC website; (iii) attempt to gain unauthorized access to the Service or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on Trailz App LLC infrastructure.

You are responsible for the content that you post to the Service, including its legality, reliability, and appropriateness.

You hereby grant Trailz App LLC the non-exclusive, worldwide right and license to use, reproduce, publish and display your content in connection with our provision of the Service to you.

You represent and warrant that: (i) the content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) 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.

Trailz App LLC (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Service and its original content, features, functionality, and any aggregated metrics, data and trends compiled by or for Trailz App LLC.

The Trailz App LLC name, the Trailz App LLC logo, and the product and service names associated with the Service are trademarks of Trailz App LLC or third parties, and no right or license is granted to use them hereunder.

Our trademarks, copyrighted material (including questions), and trade dress may not be used in connection with any product or service without the prior written consent of Trailz App LLC.

Trailz App LLC appreciates hearing from you, as well as our other users, and welcomes your comments and feedback regarding our Service. If you send us creative suggestions, questions, ideas, other ideas, drawings, concepts, feedback or other information (collectively, the “Submissions”), such Submissions will be the property of Trailz App LLC. In addition, none of the Submissions will be subject to any obligations of confidentiality and Trailz App LLC will not be liable for any future use or disclosure of such Submissions.

We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at any time without notice, at Trailz App LLC sole discretion.

We reserve the right to discontinue any product at any time.

Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof). In the event of a discontinuance of Service, Trailz App LLC will use its best efforts to provide 60 days notice prior to a discontinuance of service, communicating via email. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time.

Once you subscribe, Trailz App LLC will automatically process your Monthly Subscription fee in the current billing cycle. Trailz App LLC will continue to automatically process your Monthly Subscription fee each month at current Monthly Subscription rate, until you cancel your subscription.

You may request that Trailz App LLC close your account. Trailz App LLC account closure policy is as follows:

To safeguard against mistaken account deletions, Trailz App LLC policy is to remove all personally identifiable information from the account holder, rather than deleting all content, so that an account could be restored at a future date without loss of content. Upon receipt of a second request from you to specifically delete your content, Trailz App LLC will acknowledge and perform your request.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

You agree that Trailz App LLC may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service.

You agree that Trailz App LLC has no responsibility or liability for the failure to store any content transmitted by or through the Service. You agree that Trailz App LLC has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content for any of the following:
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– for any unlawful purpose;
– to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
– to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
– to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
– to collect or track the personal information of others;
– to provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
– to spam, phish, pharm, pretext, spider, crawl, or scrape;
– to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating the terms and conditions herein.

Our Service may contain links to third-party web sites or services that are not owned or controlled by Trailz App LLC.

Trailz App LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Trailz App 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 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.

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.

Upon termination, your right to use the Service will immediately cease.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

You agree to defend, indemnify and hold harmless Trailz App 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, by you or any person using your account and password; b) a breach of these Terms, or c) your content posted on the Service.

IN NO EVENT SHALL TRAILZ APP LLC, OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS OR AFFILIATES, BE LIABLE FOR ANY (A) 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; OR (B) DAMAGES HEREUNDER IN EXCESS OF THE AGGREGATE AMOUNTS YOU HAVE PAID TO TRAILZ APP LLC FOR THE SERVICE.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. 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.

TRAILZ APP LLC, ITS SUBSIDIARIES, AFFILIATES, AND 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.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time by posting updated terms on our website, found at this URL (https://www.trailz.club/terms-of-service).

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Please review the website periodically for changes. If you do not agree to any or all posted changes, please do not continue to access or use Trailz App LLC Products and Services.

These Terms may not be assigned by you without the prior written approval of Trailz App LLC, but may be assigned without your consent by Trailz App LLC to (i) a parent, subsidiary or other affiliate, (ii) an acquirer of Trailz App LLC assets, or (iii) a successor by merger, consolidation, stock sale or similar transaction. Any purported assignment in violation of these Terms shall be void.