Terms of Use for Better Trail Inc. (www.bettertrail.com)
Effective Date: December 2, 2024
1. Acceptance of Terms
Welcome to Better Trail (www.bettertrail.com). By accessing or using our website, applications, and services (collectively, the “Services”), you agree to comply with and be bound by these Terms of Use. If you do not agree to these terms, please do not use our Services.
2. Changes to Terms
We reserve the right to modify these Terms of Use at any time. All changes will be posted on this page with an updated “Effective Date.” Your continued use of the Services after changes are posted constitutes your acceptance of the revised terms. Please review this page periodically.
3. Use of the Services
a. Eligibility
You must be at least 13 years of age to use our Services. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms.
b. License to Use
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services for personal, non-commercial use only. All other uses require prior written permission from us.
c. Restrictions
You agree not to:
Violate any applicable law or regulation.
Reproduce, distribute, modify, or create derivative works from any content on our website without express authorization.
Interfere with the security, operation, or proper functioning of our Services.
Use any automated means to access or scrape the content or information.
4. User Accounts
a. Registration
To access certain features, you may need to create an account. You agree to provide accurate and complete information during registration and to keep this information up to date.
b. Account Security
You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your account. Notify us immediately if you suspect any unauthorized use.
c. Termination
We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including a breach of these Terms.
5. Content
a. User-Generated Content
You may be able to submit or upload content, such as comments, articles, or media, to our Services. You retain all rights to your content but grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, and distribute your content in connection with our Services.
b. Prohibited Content
You agree not to submit or share content that:
Violates any intellectual property rights, privacy rights, or other legal rights.
Is defamatory, obscene, abusive, or harmful.
Contains spam, phishing links, or other malicious content.
c. Content Moderation
We reserve the right to review, edit, or remove any content at our discretion and without notice. However, we are not responsible for monitoring user-generated content.
d. Intellectual Property Rights
All content provided by us, including but not limited to articles, graphics, videos, and logos, is our property or licensed to us and is protected by copyright, trademark, and other intellectual property laws. Unauthorized use of this content is strictly prohibited.
6. Trademark & Copyright Restrictions
a. Trademarks
All trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of Better Trail Inc. and/or of third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of these Trademarks in any way. All of the materials on the Services are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law.
b. Copyright Violations
If you believe any information on the Services infringes your copyrights or applicable law, please contact us with the following information:
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located;
Your email address or other contact information that is sufficient for us to contact you;
A statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the above information in your notice to Better Trail Inc. is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
Notices should be directed to: [email protected] or by mail at:
Better Trail Inc.
280 Abbey Place
Boulder, CO 80302
7. Third-Party Links and Advertisements
Our Services may include links to third-party websites and advertisements. These links and advertisements do not imply endorsement, and we are not responsible for the content or practices of these third-party sites. Please review their terms and policies before engaging with them.
8. Privacy
Your use of the Services is subject to our Privacy Policy, which is available at www.bettertrail.com/privacy-policy. By using our Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.
9. Warranties and Disclaimers
By using the Services, you expressly agree that you assume all risks associated with your activities via the Services. Better Trail Inc. does not assume any responsibility for the accuracy, completeness, or suitability of the information and data provided through the Services, or the misuse or misrepresentation of the information and/or data provided through the Services.
Our Services are provided on an “AS IS” and “AS AVAILABLE” basis. We make no representations or warranties of any kind, express or implied, regarding the Services or any content available on or through the Services. We specifically disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
To the maximum extent permitted by law, Better Trail Inc. and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, resulting from your use, or inability to use, the Services.
Better Trail Inc. and its affiliates, officers, directors, employees, and agents shall not be liable, either directly or indirectly, for any death, injury, illness, or damages sustained from your use of, or inability to use, the Services, including any content or activities you access or learn about through the Services, even if caused in whole or part by the action, inaction, or negligence of Better Trail Inc. or others.
11. Indemnification
You agree to indemnify, defend, and hold harmless Better Trail Inc. and its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from:
Your use of and access to the Services.
Your violation of any term of these Terms of Use.
Your violation of any third-party right, including intellectual property, privacy, or other proprietary rights.
12. Governing Law and Dispute Resolution
These Terms of Use are governed by the laws of Colorado without regard to its conflict of law principles. In the event of a dispute arising from or relating to these Terms or the Services, you agree to first attempt to resolve the dispute informally by contacting us.
If the dispute cannot be resolved informally, it shall be resolved by binding arbitration, with each party responsible for their own costs. You waive your right to bring claims in court or participate in class actions.
13. Termination
We may terminate or suspend your access to our Services at our sole discretion, without prior notice, if you breach these Terms of Use. Upon termination, your right to use the Services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive.
14. Miscellaneous
a. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Better Trail Inc. regarding the use of our Services.
b. Waiver and Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision in these Terms shall not be deemed a waiver of such right or provision.
15. Contact Us
If you have any questions, concerns, or feedback about these Terms of Use, please contact us at:
Better Trail Inc.
[email protected]
280 Abbey Place
Boulder, CO 80302