Terms of Use

These Terms of Use govern your use of any website, map, application, datasheet, dataset, catalog or service (collectively the "Services") owned and operated by Pickatrail, Inc., a Nevada corporation (referred to as "Pickatrail", the "Company", "we", or "our" as applicable) that displays or links to these Terms of Use.

If you visit the pickatrail.com web site, you accept these Terms of Use. By continuing to use pickatrail.com, you agree to abide, and that you are bound, by these Terms of Use. If you do not agree with these terms of use, please do not use the Services.

If you use any of the Services, your use of the Services is subject to these Terms of Use.

We reserve the right to change these Terms of Use at any time, and you agree (including by virtue of your continued use of the Services) to be bound by any such changes.

If you use any of the Services, we may require you to provide an email address in order to access our services, or use the Services. You must be at least 18 years or older to independently register as a user of the Services.

Payments

All payments related to your Subscription and purchase of Services must be made from a payment method on which you are the named account holder (the "Payment Method"). Unless otherwise stated, all fees due for the Subscription and purchase of Services are payable in advance, and will be billed automatically to the Payment Method. You agree that we will not be liable for any loss caused by any unauthorized use of your payment card or any other method of payment by a third party in connection with the Services. Any attempt to defraud the Company through the use of payment cards or other payment methods will result in immediate termination of your Subscription and civil and/or criminal prosecution. In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your Subscription. We are entitled to inform relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payment.

Subscribers agree to pay the fees listed on the subscription checkout page for the subscription term listed on that page. By signing up for and using a Service or Subscription, you agree to waive your 14-day right of withdrawal at the moment you subscribe, to the maximum extent permitted by applicable law, in exchange for access.

All sales are final, and the Company does not offer any money-back guarantees. No refunds. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. Subscription payments are non-refundable.

Payment and Financial Transaction Processing

We may use third party electronic payment processors and/or financial institutions ("Payment Processors") to process financial transactions. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle such transactions and you irrevocably agree that we may give such instructions on your behalf in accordance with your requests as submitted on the Services. You agree to be bound by the terms and conditions of each applicable Payment Processor. In the event of conflict between these Terms of Use and the Payment Processor terms and conditions, these Terms of Use shall govern.

Limitations on Use of the Services

Use Restrictions. The Services are available for your personal, noncommercial use. Please do not use the Services in a way that violates any laws, infringes anyone's rights, is offensive, or interferes with the Services or any features on the Services. Please do not attempt to gain unauthorized access to the Services or its associated computer systems or networks. If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your access to the Services (with or without refunding any payments you have made for access to the Services at our discretion), prohibit you from using the Services, and take appropriate legal action. Using the Services or purchasing a Subscription does not give you ownership of any intellectual property rights to the Content that you access. When you use the Services, you agree to comply with all laws applicable to you.

Ownership and Use of Content; Acceptable Use

Definitions. As used in the Terms of Use, "Content" means any form of information, data, or creative expressions and includes, without limitation, maps, illustrations, designs, articles, video, films, audio, photographs, images, workouts, recipes, training plans, software, features and all intellectual property embodied therein, any of which may be generated, provided or otherwise made available or accessible on or through the Services.

Pickatrail Content License. All Pickatrail Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and to the Services belong to Pickatrail and/or its partners or applicable third parties. Subject to your compliance with the Terms of Use, we grant you a limited, revocable, personal, non-transferable and nonexclusive right and license to access and use the Services and the Pickatrail Content for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, create derivative works, reverse engineer, sell, assign, sublease, transfer or otherwise commercially exploit any right in the Pickatrail Services or Content.

Pickatrail Content Disclaimer. We make no representations as to the accuracy, reliability or completeness of any Pickatrail Content that is published on or made available through the Services, and we make no commitment to update such Content.

Feedback and Unsolicited Material. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any compensation or obligation to you.

Licenses from You to Pickatrail

As used in these Terms of Use, "Geodata" is cartographic information which includes geospatial data and information about geographic locations. "Contribute" shall mean Geodata that is intentionally submitted by you to Pickatrail for inclusion in a database of Geodata owned or managed by Pickatrail. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to Pickatrail or its representatives, including but not limited to communication on electronic mailing lists that are managed by, or on behalf of, Pickatrail.

Grant of Copyright License. You agree to grant to Pickatrail a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute your Geodata and such derivative works that you Contribute.

Authority to Grant Licenses. You represent and warrant that you are legally entitled to grant the above license and you have all the rights, power, and authority necessary to grant the above licenses.

Trademark & Copyright Restrictions

Pickatrail Rights. All trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of Pickatrail 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, including the seeking of criminal prosecution, if necessary.

Warranties and Disclaimers

BY USING THE SERVICES, YOU EXPRESSLY AGREE THAT: (A) THE COMPANY IS NOT PROVIDING HEALTH OR MEDICAL ADVICE VIA THE SERVICES; (B) YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR ACTIVITIES, INCLUDING ATHLETIC ACTIVITIES; AND (C) PICKATRAIL DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY ORGANIZED OR PROMOTED ON THE SERVICES OR BY PICKATRAIL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PICKATRAIL IS NOT RESPONSIBLE OR LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY INJURY, ILLNESS, OR DAMAGES SUSTAINED FROM YOUR USE OF, OR INABILITY TO USE, ANY SERVICES OR FEATURES OF 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 PICKATRAIL OR OTHERS. IF YOU CHOOSE TO PARTICIPATE IN ANY PROGRAMS, SERVICES OR ACTIVITIES ORGANIZED OR PROMOTED ON THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE CONSULTED WITH YOUR PHYSICIAN BEFORE ENGAGING IN ANY ACTIVITIES OR MAKING ANY NUTRITIONAL DECISIONS BASED ON THE CONTENT OF OUR WEBSITES AND/OR APPLICATIONS. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE, THE COMPANY DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE SERVICES, THE SERVICES PROVIDED ON THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THAT THE SERVICES WILL BE FREE FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THE RELIABILITY, COMPLETENESS, SECURITY, QUALITY, ACCURACY, AVAILABILITY, OR APPLICABILITY TO YOU OF THE SERVICES, ANY CONTENT PROVIDED ON THE SERVICES, OR ANY SERVICES OFFERED BY THE COMPANY VIA THE SERVICES OR ELSEWHERE ONLINE OR OFFLINE. WE PROVIDE THE SERVICES "AS IS." 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 AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

Indemnification; Limitation of Liability. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of your breach of these Terms of Use, and any of your activities related to or in connection with the Services. EXCEPT WHERE PROHIBITED, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTYS USE OF THE SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES EXCEED THE GREATER OF THE AMOUNT YOU PAID TO USE THE APPLICABLE SERVICES, OR $99.

Email and Text Communications

Electronic Communications. You agree that all communications related to your use of the Services will be sent electronically and that such communications satisfy any legal requirement that such communications be in writing. All notices from the Company to you shall be deemed delivered and effective when sent to the e-mail address you provide to us. If you opt in to receive promotional emails, you will be able to later opt-out by following the instructions provided in those emails. You cannot opt out of communications that are related to your use of the services available on the Services.

Notices. When you use the Services or send communications to us via the Services, you are communicating with us electronically. Similarly, you consent to receive, from us electronically, communications related to your use of the Services. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company to you will be deemed delivered and effective when sent to the e-mail address you provide to us.

United States Operations; International Disclaimer

The Services are controlled and primarily operated by Pickatrail from its offices within the United States of America, and our policies and procedures are based primarily on United States law. If you are not a United States resident and accessing our Content or Services from outside the United States, the following provisions apply: (i) you consent to the transfer, storage, and processing of your information, including but not limited to any Personal Data, to and in the United States and/or other countries; (ii) you are not authorized to access or make use of the Services from a location embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals"; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or which would subject Pickatrail to any registration requirement within such jurisdiction or location.

No Waiver. If you do not comply with these Terms of Use, and we don't take enforcement action right away, that does not constitute a waiver, and we not are giving up any rights that we may have (such as taking enforcement action in the future).

Governing Law. These Terms of Use are governed by and construed in accordance with the laws of the state of Nevada without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use and or your use of any of the Services resides in the courts located in Clark County, Nevada, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Miscellaneous. If it turns out that a particular provision in these Terms of Use is not enforceable, that will not affect any other provision. Headers are for convenience and do not affect the interpretation of these Terms of Use. These Terms of Use constitute the entire agreement between you and the Company relating to the use of these Services and supersedes and replaces any prior agreement and communication between the parties.