TERMS OF SERVICE
Please read very carefully these terms and conditions before using and/or subscribing to our website. Usage of and/or subscription to this website indicates that you accept the terms and conditions described below and all revisions thereof, and that you consent to use of this electronic method of contract acceptance under the US Electronic Signatures in Global and National Commerce Act (E-SIGN). If you do not accept these terms, do not use or subscribe to the our website.
Introduction. We are pleased that you came to visit our website, SNORKELINGDIVES.COM™. This website provides information for a range of outdoor activities and links to some third-party websites for additional information. Access to the premium content information on our website requires that you purchase a subscription. Your subscription purchase, the usage of our website and the usage of information from our website is governed by the Terms and Conditions set forth below, and by any subsequent notices and consents provided in connection with this website. This agreement is between TRAILSOURCE.COM, Inc., a corporation in the State Of Colorado, USA, which operates both the TRAILSOURCE™ website, the MYRIVERGUIDE™ website, the SNOWBOARDGUIDES™ website, the SNORKELINGDIVES™ website, the TRAILRUNRACE™ website, and the SLEDGEBAHN™ website, and you, acting as an individual on your own behalf or as an agent of a person or entity that has duly authorized you to act on their behalf.
The information available our website(s) pertains to outdoor activities which have inherent risks and hazards. We do not certify or endorse the information on this website. While effort has been made to provide accurate information, this service relies heavily on third-party information sources, which may be dated and contain errors and omissions. Before using this information, consult with appropriate topographic and land ownership maps, and contact land managers and/or owners for land-use permission, suitability for use and current conditions.
The outdoor activities referenced on this website have inherent risks and hazards. Many of the activities discussed on this website are in remote areas and are potentially dangerous. The participants of these activities and the users of this website accept a number of unavoidable risks. By nature, the access roads, parking areas, trails and waterways have numerous natural and manmade hazards; they are generally not signed or patrolled and they change with time and conditions.
By using our website, you agree that your use of this service is at your sole risk. Because of the number of third-party sources of information available through this service and the inherent risks and hazards and the uncertainties of electronic distribution, there may be delays, omissions, inaccuracies and other problems with such information. If you rely solely upon the information from this service, you do so at your own risk. TRAILSOURCE.COM, Inc. is not responsible for harm to persons or property that results from your use of our website, including without limitation, the use of any of the trail information on this website.
1. Agreement To Deal Electronically With TrailSource & To Receive Electronic Communications. You agree that all transactions with this website will occur electronically, and you consent to use of this electronic method of contract acceptance under the U.S. Electronic Signatures In Global And National Commerce (E-SIGN) Act (Pub.L. 106-229 (June 30, 2000)). You agree that TRAILSOURCE.COM, Inc. may provide you all agreements, disclosures and notices electronically, including any that are otherwise required in writing. All electronic records are deemed sent when they are properly addressed to you with the information you provided and the record enters the information system beyond the control of TRAILSOURCE.COM, Inc.. If applicable law now or hereafter requires us to communicate with you non-electronically, we reserve the right to charge an additional fee in order to communicate non-electronically. We also reserves the right to provide all or part of our services non-electronically. If you do not want to deal electronically with us, then you should not enter into this agreement and should not use this website.
Personal Information. We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-Personal Information. We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information. When you visit the website, we automatically collect the Internet Protocol (IP) address used to connect your computer to the Internet, and the browser connection information including type and version. We use this information to improve our service delivery. We DO NOT share this information with third-parties.
How We Use Collected Information. This Site may collect and use Users personal information for the following purposes:
1) To improve customer service: Information you provide helps us respond to your customer service requests and support needs more efficiently.
2) To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
3) To improve our Site: We may use feedback you provide to improve our products and services.
4) To run a promotion, contest, survey or other Site feature: To send Users information they agreed to receive about topics we think will be of interest to them.
5) To send periodic emails: We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How We Protect Your Information: We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
When you subscribe to our website or complete surveys, we collect personal information, which may include name, address, phone number, credit card, e-mail address, IP address and answers to other questions. The personal information is protected in transit to us by the use of Secure Socket Layers (SSL) encryption technology. This information is guarded in a password protected database. You may update or delete your personal information at any time through our Customer Service contact form found at the bottom of every web page. This information is used to conduct transactions authorized by you through our merchant processing agent. We do aggregate visitor statistics for use in advertising sales, such as number of subscribers in specific age brackets or within a given geographic region. We may disclose personal information as required by applicable law or to resolve credit card disputes. We DO NOT share, sell or expose any personal information with third-parties.
Sharing Your Personal Information. We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third Party Websites. Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensor and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
This website is not intended for use by children under 18. Children under 18 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 18, we will take appropriate steps to delete it.
3. Password Usage. Protect your password. You agree that you are solely responsible for all transactions or acts that are conducted on your subscription account after validation of your password, whether or not with your knowledge or authority. If you suspect that your password has been compromised, notify us immediately through our Customer Service contact form found at the bottom of every web page.
5. License For Usage. TRAILSOURCE.COM, Inc. hereby grants you the right to use this website for the purpose of acquiring information for personal, non-exclusive and non-transferable usage in accordance with this Agreement. TRAILSOURCE.COM, Inc. retains all right, title and interest in and to the website. You may view and print pages of this website for your personal usage only. Unless otherwise specified in writing, this license is for personal, non-commercial use.
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. TRAILSOURCE.COM, Inc. reserves the right to bar any such activity.
The website and all information therein is protected by copyright under both United States and foreign laws, and all rights not expressly granted are reserved by TRAILSOURCE.COM, Inc. At our sole discretion, we reserve the right to cancel a subscription with or without notice.
6. Visitor Submissions. You hereby grant that comments, feedback, ideas or other communications submitted to us can be used without restrictions. Furthermore, you grant us a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, edit, publish and distribute any submissions. We may also sub-license these rights to third-parties. None of these submissions will be subject to any obligation of confidence on the part of TRAILSOURCE.COM, Inc., and TRAILSOURCE.COM, Inc. will not be liable for any use or disclosure.
7. Copyright Infringement. TRAILSOURCE.COM, Inc. takes copyright infringement issues serious and will act prudently and swiftly. Pursuant to Title 17, United States Code, Section 512(c)(2), Notifications of claimed copyright infringement should be sent to our Designated Agent. If you know of infringing materials on this website, please notify the Designated Agent at: TRAILSOURCE.COM, Inc., Attn: President, PO Box 2795, Crested Butte, CO 81224 USA
The Notification must include the following: 1) signature of person authorized to act on behalf of owner of right that is allegedly infringed; 2) identification of copyrighted work claimed to have been infringed; 3) identification of material on website that is claimed to be infringing and should be removed; and 4) your contact information. Any communication not in compliance with the above notice and procedure will not receive a response.
8. Your Warranties & Representations. You agree that you are at least 18 years of age to use this website. You agree that you possess the legal right and ability to enter into this Agreement. You agree that you have the legal right to make the credit card charge. You agree that all the information you submit is true, accurate and current. You agree that you will not use the site for any purpose that is unlawful or prohibited by this Agreement. You agree not to interfere with the use of the website by others, whether by technical or other means.
9. Subscription Order & Cancellation. You may cancel your subscription order prior to submitting your credit card number. You may not cancel your order after you have submitted your credit card.
The automatic renewal of your subscription can be cancelled at any time, including right after subscribing, without affecting the current subscription term. Requests for cancellation of the automatic subscription renewal must be completed five (5) business days prior to the renewal date to avoid the renewal payment. Instructions for turning off the automatic renewal feature can be obtained from Customer Service by visiting our contact form found at the bottom of every web page.
10. Subscription Payment & Renewal. By submitting your subscription order for processing, you hereby authorize TRAILSOURCE.COM, Inc. to charge your order to the credit card provided and also all subsequent subscription renewal payments until otherwise instructed.
For your convenience and to ensure that your access to the Service remains uninterrupted, unless we hear from you, we will automatically renew your subscription(s) at the expiration of the then-current term. If you elected to pay for the service(s) by providing us with your credit card, we will charge your card on file for the cost of another term at the initial rate using the information you previously provided us by phone, on our web site, or through a paper billing process. You will not be notified in advance of your impending renewal, but will receive a confirmation e-mail receipt of the completed charge to the e-mail address on file. We reserve the right to increase the price of your subscription on the Service upon renewal, but we will notify you prior to any increase. If you wish to cancel your renewal(s) for any reason, you may do so within five (5) business days prior to the renewal date. Instructions for turning off the automatic renewal feature can be obtained from Customer Service by visiting our contact form which can be found at the bottom of every web page.
Subscriptions cancelled prior to the end of a subscription term will not receive a prorated refund. All purchases are final. After a subscription has been renewed, you will not receive refunds or reimbursements of subscription fees.
If the credit card cannot be verified by our third-party processing company, the order or renewal will not be processed and the subscription will not be activated or renewed.
11. Prohibited Activities. In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:
a. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services;
b. access the Sites or Services by any means other than through the standard industry-accepted or TRAILSOURCE.COM, Inc. provided interface(s);
c. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;
d. impersonate any person or entity, including without limitation, an TRAILSOURCE.COM, Inc. official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
e. post or transmit any material that contains a virus or corrupted data; post or transmit false or misleading information.
f. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
g. use of any Site or Service's communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
h. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
i. violate any applicable local, state, national or international law;
j. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
k. delete or revise any material posted by any other person or entity;
l. manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology;
m. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any TRAILSOURCE.COM, Inc. product or Service if you are not expressly authorized by such party to do so; or
n. use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair TRAILSOURCE.COM, Inc. servers or networks, or interfere with any other user's use and enjoyment of the Sites and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to TRAILSOURCE.COM, Inc. through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.
12. Indemnification. You agree to defend, indemnify and hold harmless TRAILSOURCE.COM, Inc., its officers, directors, employees, agents and licensors from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of our website or resulting from, or alleged to result from, your use of the website or your violation of this Agreement.
13. Disclaimers Of Warranties. TRAILSOURCE.COM, Inc., the operator of this website, is not responsible for harm to persons or property that results from the usage of the website, including without limitation, use of any information on the website. The website and all information is provided "as is", "as available", and "with all faults", and without warranty of any kind. We do not warrant the accuracy, completeness, currentness, noninfringement, merchantability, or fitness for a particular purpose of the information available through the website. We do not guarantee that the service will be error-free, or continuously available. You agree that the entire risk as to satisfactory quality, performance, accuracy and effort in connection with the website and content is with you.
14. Third Party Website Linkage. This website provides links to third-party websites for your convenience. TRAILSOURCE.COM, Inc. does not endorse and is not responsible for the information on or availability of third-party websites. We are not liable for any actions resulting from your visit to those websites. You agree to use the third-party websites at your own risk and subject to their terms of usage.
15. Damage Exclusions & Limitations Of Liability. You agree that TRAILSOURCE.COM, Inc. will not be liable for any indirect, incidental, consequential, special, punitive, exemplary damages, or any and all other damages whatsoever. This includes without limitation damages for personal injury, failure to meet any duty, lack of negligence, loss of business profits, business interruption, loss of data, and any other pecuniary or other loss whatsoever), even if arising out of or in any way connected with the use or performance of this site, or this agreement, even in the event of fault, tort (including negligence), strict liability, breach of contract, or breach of warranty of TRAILSOURCE.COM, Inc. and even if we have been advised of the possibility of such damages.
You agree that the liability of TRAILSOURCE.COM, Inc., if any, arising out of any kind of legal claim in any way connected to this service shall not exceed the amount you paid to us for the use of the service. If you do not agree to these limitations of liability, then do not use or subscribe to this website.
16. Release Of Liability And Indemnification Agreement (Agreement). In consideration for receiving the information contained on this website, and by using and/or subscribing to this website, I hereby acknowledge, represent, and agree that I understand that the outdoor activities described on the website are or may be dangerous and do or may involve risks of injury, loss, or damage. I further acknowledge that such risks may include but not be limited to bodily injury, personal injury, sickness, disease, death, and property loss or damage. I acknowledge that such risks may arise from a variety of foreseeable and unforeseeable circumstances connected with the use of outdoor activities described on the website. By using and/or subscribing to this website, I hereby expressly assume all such risks of injury, loss, or damage to me or to any third party arising out of or in any way related to omission, negligence, or other fault of the website, its officers, its employees, or by any other cause, or third-party sources of information. By using and/or subscribing to this website, I further hereby waive, and exempt, release and discharge TRAILSOURCE.COM, Inc., its officers, and its employees from, any and all claims, demands, and actions for any such injury, loss, damage, arising out of or in any way related to the activities described on the website, whether or not caused by the act, omission, negligence, or other fault of TRAILSOURCE.COM, Inc., its officers, its employees, or by any other cause. I further agree to defend, indemnify and hold harmless TRAILSOURCE.COM, Inc., its officers, employees and insurers from and against all liability, claims, and demands, including any third party claim asserted against TrailSource.com, Inc., its officers, employees, or insurers, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any way related to the above-described activities, whether or not caused by my act, omission, negligence, or other fault, or by the act, omission, negligence, or other fault of TRAILSOURCE.COM, Inc., its officers, its employees, or by any other cause. By using and/or subscribing to this website, I hereby acknowledge and agree that said AGREEMENT extends to all acts omissions, negligence, or other fault of TrailSource.com, Inc., its officers, and/or its employees, and that said AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado. If any portion hereof is held invalid, it is further agreed that the balance shall, notwithstanding, continue in full legal force and effect. AGREEMENT shall be effective as of the date set forth below and shall be binding upon me, my successors, representatives, heirs, executors, assigns, and transferees.
17. Venue & Statute Of Limitations. This agreement is governed by the laws of the State Of Colorado in the United States of America. Your consent to this Agreement includes your consent to such law and the jurisdiction of and venue in Gunnison County in the State Of Colorado, in all disputes arising out of use of this website or relating to the terms of this Agreement. User waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum. TRAILSOURCE.COM, Inc. makes no representation with respect to compliance with laws of territories outside of the United States. Use of this website is prohibited and not authorized in any jurisdiction that does not give effect to all provisions of this Agreement.
Any cause of action or claim in connection with this website, including without limitation any information on the website, must be commenced within one year after the claim or cause arises or such claim or cause of action is barred. In any dispute between TRAILSOURCE.COM, Inc. and you relating to this website, the prevailing party will be entitled to legal fees, costs and expenses.
18. Miscellaneous. If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect. The Agreement constitutes the entire agreement between you and TRAILSOURCE.COM, Inc. with respect to this website, and it supersedes all other prior and contemporaneous communications and proposals, whether electronic, oral or written, regarding this website and/or any order you place through the website.
PO Box 2795
Crested Butte, Colorado 81224 USA
THIS AGREEMENT WAS LAST MODIFIED ON MARCH 9, 2016.