THIS TERMS OF SERVICE AGREEMENT (“Agreement”), between, Eagle Developers, a Limited Liability Company operating in the state of Georgia (our “Company”, or “we”), and you (the “User”, or “you). Our Company developed and owns the Offroad Trail Guide software application (website and mobile application ("Platform"), and provides Users with services for Offroad Trail Guide
This Agreement explains the Company’s obligations to the User and the User’s obligations to the Company. By using Platform and our Company’s services, you agree to comply and be bound by the terms of this Agreement. Please read the terms of this Agreement carefully.
Licenses and Ownership
Subject to this Agreement, the Company hereby grants you a limited, revocable, non-transferable and non-exclusive license to use Platform to the extent necessary to access and use the Platform services in accordance with the terms of this Agreement (“License”). This License does not permit you, and you agree not to: store, reproduce, lease, loan, sell, transfer, or otherwise distribute in any way the Platform application other than as specifically permitted in this Agreement. Platform is Licensed to the User by the Company, and that License does not grant the User any ownership, rights, or interest in the Company or the Platform application itself. At all times, the Company retains ownership of all copies of the Platform software applications even after installation on your Devices. The Company may assign these Agreements or any part of them without restrictions. You shall not assign these Agreements or any part of them, nor transfer or sub-License your rights under this License, to any third party.
All Platform trademarks, service marks, trade names, logos, domain names, and any other features of the Platform brand are the sole property of the Company. This License does not grant you any rights to use the Platform trademarks, service marks, trade names, logos, domain names, or any other features of the Platform brand, whether for commercial or non-commercial use.
Using our Services
By using Platform, you agree to comply with any policies set forth in the terms of this Agreement.
Offroad Trail Guide allows offroaders and overlanders to enjoy the great outdoors by providing a trail directory with best possible information. While we try to update the information provided, we are not responsible for the accuracy of the maps, trail descriptions/features, or GPS data. Trails may be closed or the terrain may have changed drastically. Use the information at your own risk. Knowing the local regulations is your responsibility. We are not liable for anything that happens to you during, or as a result of information from, our Platform. Be responsible and follow Tread Lightly principles in order to allow others a similar experience.
Don’t misuse our Services. The User shall not interfere with the Company’s services or try to access them using a method other than the interface and the instructions that we provide. You may use Platform and our services only as permitted by law, including applicable export and re-export control laws and regulations. If you do not comply with our terms or policies or if we are investigating suspected misconduct, we may suspend or stop providing our services to you.
Using or contributing to the Platform does not give you ownership to any of the Company’s intellectual property rights for Platform. You may not copy Offroad Trail Guide's intellectual property outisde of the Platforms unless you obtain express written permission from its owner. The User shall not use any branding or logos used in our services, and agrees that he shall not remove, obscure, or alter any legal notices displayed in or along with our Services.
Our services display content from Third Party services. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or is prohibited by law. We do not warrant that we review and guarantee all of the content such as that which is externally imported.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Each user is required to register their own account. To protect your Platform Account, keep your password confidential. You shall be responsible for the activity that happens on or through your Platform account. The Company reserves the right to suspend and remove accounts for any reason at any time, without refund, and will do so when the Terms of this Agreement are violated.
Privacy and Copyright Protection
Platform’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Platform may use such data in accordance with our privacy policies.
The User’s Content in our Services
Our Services allow the User to upload, submit, store, share, send and receive content. The User SHALL NOT retain ownership of any data and proprietary information held if shared on our Platform. In short, contributing or sharing content through our service is public information to all and you are not entitled to anything by freely providing it.
About Software in our Services
Platform gives Users a personal, worldwide, royalty-free, non-assignable and non-exclusive License to use the software provided to you by Platform as part of the Company’s services. This License is for the sole purpose of enabling Users to use and enjoy the benefit of the services as provided by Platform, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our express written consent.
We are constantly changing and improving our services. We may add or remove functionalities or features at any time. Should you or any members of your organization choose to remain on an older version of the app, no guarantees, written or expressed, will be made that guarantee that version for working indefinitely. It will be up to the user to keep their application up to date.
From time to time, we may offer trials of the Service for a specified or unspecified period without payment (a “Trial”). The Company reserves the right, in its absolute discretion, to determine the Users eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
Modifying and Terminating our Services
You reserve the right to stop using Platform and our services at any time without refund.
Payments and Agreements
The Company may change the price for the Service from time to time, and will communicate any price changes to you. Price will take effect at the start of the next subscription period following the date of the price change.
Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do or do not represent or warrant about Platform or our services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER OFFROAD TRAIL GUIDE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. THE COMPANY DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. THE COMPANY PROVIDES THE SERVICES “AS-IS”. HOWEVER, THE COMPANY WILL MAKE REASONABLE EFFORTS TO BACK UP YOUR DATA ON A REGULAR BASIS IN THE CASE OF LOSS OR DAMAGE.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, OFFROAD TRAIL GUIDE, OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, SHALL BE LIMITED TO THE AMOUNT THE USER PAID THE COMPANY TO USE THE SERVICES.
IN ALL CASES, OFFROAD TRAIL GUIDE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT YOU INCUR FROM USING SAID PLATFORM, SERVICE, APP.
Business uses of our Services
If you, as an agent, are using our services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Platform and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Additional and Subsequent Terms
We reserve the right to modify these terms or any additional terms that apply to the Company’s services, if necessary. You should review these terms regularly. We will post notice of modifications to these terms on this page and we will post notice of modified additional terms in the applicable service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a service, you must discontinue your use of this platform immediately.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between the Company and the User.
If you do not comply with these terms, and the Company does not immediately take action, this does not mean that the Company is waiving or forfeiting any rights to act that the Company may have.
The laws of the state of Georgia shall govern all disputes and matters arising under this Agreement. All claims arising out of or relating to these terms or the services shall be litigated exclusively in the federal or state courts of Fulton County, Georgia, USA, and you and the Company consent to personal jurisdiction in those courts.