Terms &
Last updated: 12/23/2023

Welcome to OffTrail. Please carefully review the following terms and conditions that govern your use of our website and the purchase of our digital guides.

1. Agreement to Terms:

By accessing our website or purchasing our digital guides, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms, please refrain from using our platform.

2. Nature of Content:

All content provided by OffTrail is for informational purposes only. Our digital guides offer insights into outdoor locations but do not constitute professional or general advice. Users are encouraged to exercise their discretion and judgment when using the information provided.

3. Limitation of Liability:

To the fullest extent permitted by applicable law, OffTrail, including its team and affiliates, disclaims any liability for indirect, incidental, special, consequential, or punitive damages. We are not responsible for any loss of profits or revenues, whether incurred directly or indirectly. By using our platform, users acknowledge and accept this limitation of liability.

4. Assumption of Risks:

Users understand and acknowledge the inherent risks associated with outdoor activities. OffTrail does not assume responsibility for any injuries, losses, or dissatisfaction resulting from the use of our guides. It is the user's responsibility to assess their abilities and exercise caution when engaging in outdoor activities.

5. Accuracy and Errors:

While we strive for accuracy, OffTrail does not guarantee the completeness, accuracy, usefulness, or timeliness of the information provided. Users are advised to verify critical details independently. OffTrail may not promptly address errors or inaccuracies on the website or within the guides.

6. User Responsibilities:

Users must use the information provided responsibly and follow any guidelines or safety precautions mentioned in the guides. OffTrail is not liable for any consequences resulting from user negligence or failure to adhere to recommended practices.

7. External Links:

OffTrail may provide links to external sites for additional information. However, we do not endorse or take responsibility for the content on any linked sites. Users are encouraged to review the terms and conditions of those websites.

8. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of OffTrailand all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by OffTrailand are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without OffTrail’s express prior written permission. OffTrailreserves all rights in the Website, Content and Marks.

9. User Representations

By using the Website, User represents and warrants that:Userhas the legal capacity and agrees to comply with these Terms of Use;Useris not a minor in the jurisdiction of their domicile;Userwill not access the Website through automated or non-human means;Userwill not use the Website for any illegal or unauthorized purpose;Users use of the Website will not violate any applicable law or regulation.

10. Prohibited Activities

User shall not access or use the Website for any purpose other than that for which the Website is made available to the User. The Website may not be used in connection with any commercial endeavors except those related to the work performed by OffTrail on behalf of the User. Further, Useragrees to refrain from the following: Make any unauthorized use of the Website; Retrieve data or content for the purposes of creating or compiling a database or directory; Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorized framing or linking of the Website; Trick, defraud or mislead OffTrailor other users; Interfere with, disrupt or create an undue burden on the Website or OffTrail’s networks or servers;Use the Website in an effort to compete with OffTrail;Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;Harass, annoy, intimidate or threaten any of OffTrail's employees, independent contractors or agents providing services through the Website; Delete the copyright or other rights notice from any Content; Copy or adapt the Website’s software Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website; Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism; Disparage, tarnish or otherwise harm OffTrail; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.

11. Management and Oversight

OffTrail reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. OffTrail further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of OffTrail, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of OffTrail and shall be designed to protect OffTrail’s rights and property.

12. Privacy Policy

By using the Website, User agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. User’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. OffTrail does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to OffTrail without parental consent, OffTrail shall delete that information as soon as reasonably practical.

13. Returns and Refunds

OffTrail reserves the right to deny refunds based on its own self discretion and without notice or liability to User. Refund requests are assessed on a case by case basis. If a refund is deemed to be appropriate, there will be a 25% fee assigned. OffTrail reserves the right to take appropriate legal actions against User for breach of this paragraph.

12. Connection Interruptions

OffTrail does not guaranty or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond OffTrail’s control. User agrees that OffTrail shall not be liable to User for any loss, damage or inconvenience caused by User’s inability to access or use the Website during any interruption in the connection or service.

13. Modification of Terms:

OffTrail reserves the right to update or modify these terms and conditions at any time without prior notice. Users are responsible for regularly reviewing the terms to stay informed about any changes.

By accessing our website or purchasing our digital guides, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you have any questions or concerns, please contact us at offtrailco@gmail.com

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