Terms and Conditions of Use

Last updated:  January 17, 2017

Traildirt.com is a  website for outdoor recreation enthusiasts of all experience levels to find news stories and information about hikes, wildlife, parks, camping, gear, outdoor industry products and services, and other adventures in the United States and Canada.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS, CONDITIONS AND POLICIES DESCRIBED AND REFERENCED BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

This website is not targeted to children under the age of 13. If you are under the age of 13, please let your parents view and use this web site for you. If you are under the age of 18, please do not upload any content or make any purchases from this web site.

DEFINITIONS

For the purposes of the terms set forth below, a ‘user’ is one who views, accesses or in any way uses this site. The terms ‘you’ and ‘your’ refer to all users of Traildirt.com. The terms ‘we’, ‘us’, ‘our’ and ‘Traildirt’ refer to Traildirt.com.

The content on this site includes, but is not limited to text, images, photos, illustrations, audio, and video. Content that is generated by site users may include trip reports, user comments, videos or photos, and is referred to as “your content” or “user content”. Content that is created and made available on the site by Traildirt is referred to “our content” or “Traildirt content.” Content that is made available on the site by Traildirt but is created by a third party is referred to as “third party content.”

ASSUMPTION OF RISK

All hikes, trails, and campgrounds  are subject to current conditions. Although we have made reasonable efforts to provide accurate depictions of routes, trails, parks, campgrounds and other locations in Traildirt content, individual experiences will vary widely based on weather, trail conditions and your physical fitness and experience levels. In addition, we do not fact check or otherwise vet user content or third party content, which may include photos, trail reports, maps, gear reviews or other opinions or guidance. Because of this, we accept no responsibility for loss, injury, bad weather, or inconvenience sustained by any person using this website or the third party website.

In other words, by using this site, you acknowledge that the activities depicted here are physically demanding and subject to applicable conditions; user and third party content is not vetted by Traildirt, and you assume all risk associated with any hikes, trips, or actions you take. We encourage you to supplement all guides and trail reports found on this site with your own guidebooks, maps, current information at trailheads and visitors centers, current information available from weather web sites, and common sense.

USER ACTIVITY AND ACCOUNTS

To access and participate in the ‘comment’ features of this site, you will be required to provide personal information to Traildirt. You agree to represent yourself and your activities accurately and credibly, without taking on someone else’s identity or creating multiple comment-posting identities for yourself. You assume all risk for the accuracy, reliability or text otherwise of your content, and you acknowledge that your content will be made visible to other Traildirt users by choosing to comment. If you have concerns regarding your own or another member’s comment or content, please let us know here.

You also agree that any content or feedback you submit will not: (i) infringe any third party’s privacy, copyright, or other proprietary right, (ii) be obscene, defamatory, pornographic, abusive, harassing or fraudulent, or (iii) violate any applicable law or otherwise give rise to liability. You further agree not to use the site to (a) post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other solicitations; (b) introduce any material that contains any software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; or (c) harvest or otherwise attempt to collect or store personal data about other users. Be a good e-neighbor. Be courteous and respectful of the community at Traildirt.

Traildirt does not assume responsibility to review or vet user or third party content, but we may, in our discretion, edit, block or delete any content or feedback, including if we believe it violates the letter or spirit of these terms and conditions, or any other user guidelines we provide. Likewise, we reserve the right to edit, block, or remove your content from the site at any time or for no reason.

PROPRIETARY RIGHTS

Traildirt content, including, but not limited to, text, graphics, data, images, illustrations, sound, video, audio, software, and the selection and arrangement of these items, are owned by Traildirt or its licensors and protected by copyright, trademark, trade dress, or other intellectual property rights. Third party content is owned by the applicable third party. Modifying, reproducing, distributing, adapting or any other use of our website content without permission is strictly forbidden. Please contact us if you are interested in using our content for your website or publication.

Traildirt does not claim ownership of user content, but by submitting or posting it, you grant Traildirt a non-exclusive, royalty-free, perpetual, irrevocable, and sub-licenseable right to copy, modify, publish, translate, creative derivative works from, perform, display and otherwise use such content (including your submitted name, likeness, and/or voice) on this web site or in any other media for any purpose (except for pornographic or defamatory purposes) related to our services or products, and you waive any right of publicity or privacy you may have in connection with such uses. You agree that your user content may be combined with other images, text, graphics, film, audio, audio-visual works; that it may be cropped, edited, re-synched or otherwise modified; and that Traildirt may, in its discretion, display advertisements and other information adjacent to or included with your content, in any media. You further acknowledge and agree that you have no further right to, or expectation of, additional consideration or payment in connection with Traildirt’s use of any content, and that you will make no such further claim to the Company for any reason and irrevocably waive and/or agree not to enforce any claims and assertions of moral rights or attribution with respect to your content.

Please make sure that you have all rights to the content you upload to the site, including rights to use and publish any property, works, or personal likenesses appearing in your content. You represent and warrant that you have all necessary rights to post your user content on this site, and that use of your content on this site and otherwise (as described above) by Traildirt will not infringe or violate any copyright, trademark, moral right, right of privacy or publicity, or other proprietary right of any third party.

DMCA AGENT

If you have any reason to believe that any material on this web site infringes any copyright that you own or control (or otherwise violates the above user requirements), please provide notice to our designated agent as set forth below:

Copyright Agent
, email here.

Make sure to provide sufficient information to establish your rights and to identify the infringing material, including by supplying a hyperlink to the material as it appears on our site.

PRIVACY AND SECURITY

Traildirt respects your privacy. Except for the limited purposes described in our Privacy Policy, we will not share your name, address, email address or other personally identifiable information with any third party. Read our Privacy Policy below.

We may link to other websites, including those of third parties, that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with the privacy policies and terms of use for outside web sites prior to using them.

We also provide security to protect the loss, misuse and alteration of the customer data that we collect. When you shop at our website your information is protected by a firewall and the use of SSL encryption of your credit card or other payment account information.

VENDORS, ADVERTISERS AND LINKS TO OTHER SITES

Traildirt seeks out opportunities that contribute in a positive way to our user’s experience, either online or outdoors. The vendors we choose to highlight on the site provide a service or product that the Traildirt team has used personally and had a positive experience with. We may receive revenue (and certainly would be open to receiving revenue)  from these vendors/manufacturers in order to sustain the Traildirt.com site and continue to provide our users with content. If we use a product or service and talk about it on the site, we like it and endorse it because it is a great product or service and worthy of our public opinion.

We may provide links on Traildirt.com to other third party websites which are not under our control. These links are provided for convenience and/or reference only. Traildirt is not responsible for the organization, or their products or services, and in no way endorses the individual, company, or corporation operating the website, or provides a warranty of any type regarding the website or the information on the website.

SHOP

GENERAL
In the future, TrailDirt.com may offer products and services for sale on the site. At that time, all prices for items in the Traildirt shop are shown in U.S. dollars, and taxes, shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, reject all or part of an order, or discontinue products or services without notice, even if you have already placed your order. In the event of ordering a physical product, we will not charge your payment account until the item ships to your designated address. In the event of ordering electronic advertising and/or subscription services, you will be charged immediately for the service, and your ad or linked article being published will be the beginning of the term of service.

Prices on this website (but not in your order confirmation) are subject to change. Some items may be backordered or unavailable even if the website indicates that they are in stock, and adding an item to your cart does not guarantee the availability of that item. If an ordered item is no longer available, we will cancel the item from your order and notify you, usually via e-mail.

SHIPPING & DELIVERY

  • Shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Items damaged in delivery are the responsibility of the carrier, not us.
  • Shipping times indicated on this website (if any) are estimates only, as actual delivery dates may vary.
  • Shipping and handling fees are included in the price of the item and are not refundable under any circumstance. These rates vary based on current USPS pricing and packaging.

RETURNS & REPLACEMENTS

  • Returns will be accepted only if the return is sent within seven days of the original delivery postmark date.
  • A full refund of the purchase price, excluding the shipping, will be made promptly of our receipt of the merchandise in the same condition in which it was shipped. These rates vary based on current USPS pricing and packaging.
  • There are no refunds on items damaged in shipping. In that case, you must file a claim with the carrier.
  • You must notify us of any return so that we will be expecting your package. Returns that are sent without our prior knowledge will be refused. Notice may be provided by email, including your name, item number, and date of purchase.
  • We do not refund shipping costs or credit card fees. They will be deducted from the total amount of your refund. These rates vary based on current USPS pricing and packaging.
  • Items on clearance can not be returned or exchanged.
  • There are no refunds on electronic advertising and/or subscription services.

DISCLAIMERS AND LIMITS ON LIABILITY

THIS WEB SITE IS PROVIDED “AS IS,” AND TRAILDIRT.COM AND ITS DIRECTORS, MEMBERS, EMPLOYEES AND AFFILIATES (“TRAILDIRT”) DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. TRAILDIRT WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, RELIANCE ON THE INFORMATION PROVIDED HEREIN, OR UNAVAILABILITY OF THE SAME, INCLUDING LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. WE MAKE NO WARRANTY THAT THIS SITE OR ITS CONTENT IS FREE FROM INFECTION BY VIRUSES OR OTHER HARMFUL COMPONENTS.

YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF WARRANTY WITH RESPECT TO A PRODUCT SHALL BE YOUR RIGHT TO RETURN THE PRODUCT OR RECEIVE A REFUND UNDER THE “RETURNS AND REPLACEMENTS” SECTION ABOVE.

IN NO EVENT SHALL TRAILDIRT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL TRAILDIRT’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THIS WEBSITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR THE COMPENSATION PAID BY YOUR FOR ACCESS TO, OR USE OF, THIS WEBSITE.

(SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)

APPLICABLE LAW AND VENUE

These Terms of Use and your use of the website will be governed by and construed in accordance with the laws of the State of New Mexico, applicable to agreements made and to be entirely performed within the State of New Mexico, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the state and federal courts located in Otero County, New Mexico, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use or your use of this website.

CHANGES TO SITE TERMS

We reserve the right to change these Terms of Use or any other terms or policies of this website, at any time and in our sole discretion. When we make changes, we will revise the “last updated” date at the top of these Terms of Use, and changes will be effective immediately upon posting. Your continued use of this website following the posting of any changes will constitute your acceptance of such changes. We encourage you to review these Terms of Use whenever you visit our site. If you have any questions about these Terms of Use, please direct them here.

PRIVACY POLICY

Traildirt.com respects your privacy. Except for the limited purposes described in this Privacy Policy, we will not share your name, address, email address or other personally identifiable information with any third party. Please note that we do not intend to solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use, enter or upload any information on this site.

When you comment on our site, we collect personal information including but not limited to your name, email address and personal website (if you provide one). The information we collect will be displayed to other Traildirt users. In choosing to comment on the site, you acknowledge that your name, likeness, email, and all other content you choose to post on the site, including text, photographs, and links, will be displayed to other Traildirt users. You also acknowledge that your personal information may be used by site administrators to contact you in regards to activity on Traildirt.com. Your email address may be added to our newsletter database, which you may opt-out of by contacting us here.

When Traildirt.com begins selling products and you place an order with us, we collect basic information including your name, address, email address, phone number and credit card or Paypal account information. We use this information to confirm and process your order and to respond to any questions you may have. We also may share this information with third parties who perform services on our behalf. For example, we may hire other companies to handle processing of payments, provide data storage, host websites, fill orders and shipments or assist in marketing. In addition, customer information may be shared as part of a corporate business transaction, such as a merger or acquisition of all or a portion of our business to another company or a financing or sale of company assets. It may also be shared in the event of insolvency, bankruptcy or receivership in which personal information could be transferred to third parties as one of the business assets in the transaction. In all cases, we require third parties receiving sensitive customer information to agree to maintain its confidentiality.

We also track “passive” information on user’s browsing behavior. We analyze this information strictly in anonymous or aggregate terms to ensure our site is structured in a user-friendly way for our customers. We may share this anonymous or aggregated information with third parties to enhance the browsing experience of our customers and users.

Acceptance of cookies is not a requirement to browse the content of our website, but e-commerce applications require the acceptance of cookies to keep track of the items in your shopping cart and to complete an order. We never use cookies to store sensitive customer information such as names, mailing addresses, passwords or credit card numbers. If you would like to place an order, but cannot (or choose not to) allow cookies, you may request a mail-in order form by contacting us directly.

We also collect information using Web beacons. Web beacons are electronic images that may be used on our site or in our emails. We use Web beacons to deliver cookies, count site visits, and understand customer usage, and to tell if an email has been opened or acted on.

We allow third-party companies to collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information. To learn more about this behavioral advertising practice, you can visit www.networkadvertising.org.

Finally, we reserve the right to disclose your personal information if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.

We reserve the right to change the terms of this Privacy Policy at any time. When we make changes, we will revise the “last updated” date at the top of the policy. If there are material changes to this Policy or in how Traildirt will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an email. We encourage you to review this policy whenever you visit our site.

If you have any questions about our Privacy Policy or have other comments, please do not hesitate to contact us.