Welcome to EveryTrail, an online community that enables users to visualize and share outdoor activities. EveryTrail provides its service to you subject to the following Terms of Service ("TOS").

You can review the most current version of the TOS at any time at: http://www.everytrail.com/tos.php. We reserve the right, at our discretion, to update or revise these TOS. Please check the TOS periodically for changes. Your continued use of this site following the posting of any changes to the TOS constitutes acceptance of those changes.

In addition, when using particular EveryTrail owned or operated services such as downloadable software, you and EveryTrail shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

The EveryTrail service ("EveryTrail") is operated by EveryTrail.net, Inc. The Web sites everytrail.com and everytrail.net (the "Web sites") are a collection of online services that allow you to visualize and share your outdoor activities using innovative GPS technology, digital images and text, and communicate with other users as well as downloadable programs that allow users to connect their GPS devices (the 'Services').

You must be thirteen years of age or older to register as a member of EveryTrail or use the Web sites. Membership in EveryTrail is void where prohibited. If you are under the age of 13, you are not allowed to register as a member of EveryTrail or access Web sites content, features and services. EveryTrail reserves the right to terminate your membership for any reason, at any time

Most of the GPS data, pictures and texts (“Content”) on EveryTrail is made available to EveryTrail by its users. EveryTrail does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on the Service, you grant EveryTrail the following worldwide, perpetual, irrevocable and fully sub-licensable, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. By using the Web sites, you acknowledge and agree that EveryTrail does not review, edit, approve, endorse, or otherwise sanction any Content posted by you or other users and that EveryTrail will not be responsible nor liable for such Content nor for any loss or damage that you have incurred as a result of the use of such Content. EveryTrail reserves the right, in its sole discretion and without any notice to you or other users, to remove, edit, delete, or refuse any Content posted on the Web sites because of infringements of this Agreement or for any other reason whatsoever. You acknowledge and agree that EveryTrail and the Web sites are available for your personal, non-commercial use. You acknowledge and agree that no information or data you post to the Web sites will infringe or violate the rights of any third party, including, but not limited to, copyright, trademark, or intellectual property. You acknowledge and agree not to collect personal information from other users, by manual or automated means, for any purpose, including sending unsolicited communication. Your use of the Web sites is limited to uses that will not damage, impair, or overburden the Web sites. You acknowledge and agree not to use or attempt to use another member's account without authorization from EveryTrail. You also acknowledge and agree not to post Content which:

• promotes racism, bigotry, or hatred towards groups or individuals, or that EveryTrail deems to be inappropriate;
• harasses or advocates harassment of another person;
• contains or implies personal identifying information of a third party, including, but not limited to, name, email address, phone number, or home address;
• displays pornographic or sexually explicit material of any kind;
• contains any form of solicitation, including, but not limited to, unsolicited mass mailings or 'spamming';
• contains software viruses or any computer code designed to interfere with the functionality of the Web sites or other users' communications equipment;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users or members;
• is intended to deceive users or members into dangerous or unlawful activity;
• creates or attempts to create a false identity on the Web sites;
• contains or displays copyright or trademark materials, or other proprietary materials owned by others.

You agree to indemnify and hold EveryTrail and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

You acknowledge and agree that your interaction with persons, individuals, other users, organizations, and other entities found on or through EveryTrail are solely between you and other persons, individuals, other members, organizations, and other entities. You acknowledge and agree that EveryTrail will not be liable, responsible, or otherwise legally accountable to you or to any third party for any loss or damage of any sort that you or any third party have incurred from your interaction with such persons, individuals, other users, organizations, and other entities found on or through the Web sites. In case of a dispute between users of EveryTrail or other participants of the Web sites, or between users and any third party, you acknowledge and agree that EveryTrail is not liable, responsible, or otherwise legally accountable for such dispute nor is EveryTrail under any obligation to become involved in such disputes. You are solely responsible for your interactions with other EveryTrail users. EveryTrail reserves the right, but has no obligation, to monitor disputes between you and other users.

EveryTrail will adhere to its privacy policy which can be viewed at http://www.everytrail.com/privacy.php

By using EveryTrail, you acknowledge and agree that the Web sites may contain links to other websites ("Linked Websites"), which may change from time to time. You also acknowledge and agree that such Linked Websites are independently owned and operated, and that their content is not controlled by EveryTrail. You also acknowledge and agree that EveryTrail is neither responsible nor liable for the content, accuracy, or opinions expressed and contained within Linked Websites nor for any loss or damage that you may incur by any materials contained within Linked Websites. EveryTrail does not monitor, investigate, nor check these Linked Websites for accuracy. EveryTrail makes no claims nor warrants the truthfulness, legitimacy, completeness, or validity of the materials contained in such Linked Websites. Inclusion of the Linked Websites does not imply approval or endorsement of the materials contained in Linked Websites by EveryTrail. Your use of these Linked Websites will always be at your own risk and responsibility.

EveryTrail holds the proprietary rights of EveryTrail, including but not limited to the name, design, graphics, text, files, and appearance of the Web sites. You may not distribute, post, email, transmit, or otherwise make available the Content on any intranet, internet, or any other type of electronic or print media, or any other use without the specific and express permission as required by law. You may only download or print a copy of any portion of the Content solely for your own personal, non-commercial use. You may also display or create a hyperlink on your website to individual postings on the Web sites, as long as such use is for non-commercial uses. Any other use of the Content is prohibited. Copyright and trademark materials belong to their respective owners.

You acknowledge and agree that EveryTrail may establish limits concerning the use of the Web sites, including but not limited to the maximum number of saved Content. You acknowledge and agree that EveryTrail has no responsibility or liability for the deletion or failure to store any Content that you transmitted to the Web sites. You acknowledge and agree that EveryTrail reserves the right to modify, suspend, or discontinue EveryTrail or the Web sites at any time for any reason with or without notice and that EveryTrail will not be liable, responsible, or otherwise legally accountable to you or to any third party for any modification, suspension, or discontinuance of EveryTrail or the Web sites.

You acknowledge and agree that EveryTrail, in its sole control and discretion, has the right to edit, delete, or deactivate your account, block your IP address, or otherwise interfere, restrict, or terminate your access to parts or all of the Web sites immediately and without notice or liability to EveryTrail for any reason. You also acknowledge and agree that EveryTrail may change, suspend, or discontinue any and all aspects of the Web sites at any time, without notice, including the availability of any feature or Content. You also acknowledge and agree that EveryTrail shall not be liable to you or any third party for any such interference and termination of your access to the Web sites. EveryTrail assumes no responsibility and will not be liable for network hardware or other technical failure that may affect or disable any user's computer system which arises from the use of the Web sites.

The Web sites utilizes maps and images from Google, Inc.© by permission. All route measurements provided by the Web sites are approximate and do not represent absolute measurements, either in metric (km) or English (miles) units. You acknowledge and agree that all measurements of routes that you create or view when using the Web sites are approximate. You also acknowledge and agree that the routes you create or view when using the Web sites may not be accurate, safe, or free of physical obstacles, that trails might be blocked or otherwise dangerous, or that some areas may not be open to the public or may be hazardous. You acknowledge and agree that EveryTrail is not liable or responsible and makes no recommendations or warranties as to your health and safety, or for any mishap or accident you may incur from using EveryTrail or the Web sites. EveryTrail disclaims any express or implied warranties for the security, reliability, timeliness, accuracy, or performance of the Web sites and its Contents.

By using EveryTrail and the Web sites in planning physical activity, you attest and verify that you are physically fit and have sufficiently trained for the completion of routes. You also attest and acknowledge that your physical condition has been verified by a licensed medical doctor. You, the user, for yourself, your heirs, executors, administrators, personal representatives, successors and assigns, waive and release any and all rights, claims or courses of action you have or may have against EveryTrail, their agents, employees, officers, directors, successors and assigns, and representatives that may arise as a result of your use of EveryTrail and the Web sites.

EveryTrail assumes no responsibility and will not be liable for the use of EveryTrail and the Web sites for any illicit, illegal, criminal, or otherwise prohibited use. You acknowledge and agree that the use of EveryTrail and the Web sites is entirely at your own risk and that the Web sites is provided to you without any express or implied warranties.