RightOnTrek Terms of Service
The following provisions constitute the Terms of Service (the “Terms”) of RightOnTrek, Inc., a Delaware corporation (the “Company”). By accessing, using, or downloading materials from the Company’s website, mobile applications, or blogs (collectively, the “Site”), you agree to these Terms and acknowledge that they are a legal agreement between you and the Company. If you disagree with these Terms, please do not access or use the Site or the Company’s Services (as defined below). The Company reserves the right to change these Terms at any time without prior notice.
The Company’s Services (as defined below) are not targeted toward or intended for use by anyone under the age of 18. By using the Site, you represent that you are 18 years of age or older. Further, the Company’s Services (as defined below) are not permitted to be used by any individual residing in a country within the European Union, or otherwise subject to the General Data Protection Regulation (the “GDPR”) of the European Union. You represent that you are not subject to the GDPR and agree to cease all use of the Company’s Services (as defined below) if you later become subject to the GDPR.
2. Registration for an Account.
To use the services available on the Site, you will need to register for an account with the Company. You agree to provide true, accurate, current and complete information about yourself as prompted in the account registration process. You also agree to update your account information as needed to keep it current. The Company will use your account information to provide the Company Services (as defined below) on the Site for which you have expressed interest. By registering for an account, you consent to receive electronic communications from the Company. Those communications may be sent by email, text message, or notices posted on the Site. If you provide any account information that is not accurate or current, or the Company has reasonable grounds to suspect that any of your account information is not accurate or current, the Company may suspend or terminate your account and refuse use of the Site to you.
3. Company Services.
By registering for an account with the Company, you will be able to access or use the services offered by the Company. The Company’s services consist of our concierge hiker support service (the "Hiker Support Service"), our web-based trip planning service (the “Trip Planning Service”), our travel package services including gear rentals, packaged food purchase, and consultation and support (the "Travel Package Service") and our online storefront (the “Online Store”, and collectively with the Hiker Support Service, the Trip Planning Service, and the Travel Package Service, the “Company Services”). The Hiker Support Service is a concierge-based service that allows you to ask questions, request services, etc. and we try to provide you with the best options to carry out your reasonable requests, if possible. This includes arranging shuttle services, booking hostels/hotels, purchasing things on their behalf, and general assistance to fit your needs. The Trip Planning Service is a web-based service that allows you to plan your trip, create an itinerary for your trip, and share your itineraries with others. The Travel Package Service allows you to rent gear and purchase supplies for your hike, delivered to an area near the beginning of the trip, as well as other consultation and support services. Use of the Travel Package Service will require you to enter into one or more additional contract(s) with the Company as applicable, including without limitation in a rental agreement. The Online Store will offer various merchandise and allow you to purchase items directly from the store.
4. Trailmaker Program
Users of the Company Services may apply to the Company to become a “Trailmaker.” The Company shall review the application and if approved, such user’s account will be given the status “Trailmaker.” Trailmakers will then have access to a menu/page where they can access, request, and manage hikes. The Company will let Trailmakers know, either by email or on the Trailmaker portal page, the guidelines the Company has that define a detailed itinerary. Trailmakers may submit proposed itineraries for Company review. If the Company has comments or feedback on the proposed itinerary, the Company shall advise the Trailmaker and the Trailmaker may elect to revise the itinerary and re-submit it to the Company for review. Once the Company accepts a proposed itinerary, the itinerary will be deemed “certified” by the Company and the Company will publish the certified itinerary for use by the public. Within 14 days of certification of an itinerary, the Company will pay Trailmaker a fee, using PayPal, as detailed on the Trailmaker portal page. The Company may accept or reject any proposed itinerary in its sole discretion. The Trailmaker represents and warrants that it has the authority and right to submit the proposed itinerary and that upon certification of the itinerary, the Company shall be the sole and exclusive owner of the itinerary. The Trailmaker shall indemnify and hold harmless the Company from any claims commenced or threatened against the Company as a result of breach by Trailmaker of the foregoing representation and warranty.
5. Payment and Billing.
When you use the Company Services, you may be required to provide a credit card to pay for the products or services ordered. Your credit card information will be saved and stored electronically by, and your credit card payments will be processed by, a third-party payment processor Chase. You may update credit card information as needed. You authorize the Company to charge the last known valid credit card you have provided for each order placed. You may cancel or edit an order only until the date your credit card is charged for that order. Any cancellation or any edits submitted after that date will not be effective, and your credit card will be charged for the price of the order. If the charge to your credit card is declined for a particular order, the order will be cancelled and the Company will send notice of cancellation to you.
6. Pricing and Availability.
When you place each order, the Company will indicate the estimated price of the order in U.S. dollars. This estimated price will also indicate the estimated shipping and handling charges for the order, if applicable. On the date your credit card is charged for each order, the Company will notify you of the contents and final price of the order.
7. Inspection of Supplies.
No Warranties. You are responsible for inspecting all products you receive from the Company for damage or other issues. THE COMPANY DOES NOT PROVIDE ANY WARRANTY FOR THE CONTENTS OF ANY ORDERS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE CONTENTS OF ITS ORDERS. If the contents of any order are damaged, or you are dissatisfied with them you will need to contact the third-party vendors of the contents to arrange for a replacement or refund.
8. Returns and Refunds.
If an order is not delivered on time due to Company error, the Company will refund your designated credit card for the price of the order. If a shipment does not contain all items ordered, the Company will refund your credit card only for the price of the missing item(s).
So long as you comply with these Terms, the Company grants you a nonexclusive, nontransferable, nonsublicensable license to access and use the Site and the Company’s services. Any use of the Site that is not authorized by these Terms is prohibited, and any such use will terminate this license. The Company may revoke this license at any time. You agree that you will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the Site (collectively, "Reverse Engineering") or permit or induce the foregoing.
10. User interaction and user content.
You are solely responsible for your interactions with other users of the Services. We reserve the right, but have no obligation, to monitor disputes and interactions between you and other users. The Company shall have no liability for your interactions with other users, or for any user’s action or inaction.
Some areas of the Services may allow users to post content such as data points or points of interests relating to a particular itinerary (any such materials a user submits, posts, displays, or otherwise makes available on the Services "User Content"). You retain ownership of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. You acknowledge and agree that any User Content that you publish on the Site (“Published User Content”) may be displayed and disclosed to other users as permitted through the functionality of the Services. The Company reserves the right, but is not obligated, to edit, remove, re-categorize, pre-screen, reject and/or otherwise modify any User Content, including Published User Content, that the Company believes, in its sole discretion, violates these provisions.
For the purposes of these Terms of Service, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
Your User Content and the Company’s use thereof as contemplated by these terms of service and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
The Company may exercise the rights to your User Content granted under this Terms of Service without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that the Company shall not be liable for any damages you may incur as a result of User Content.
By publishing any Published User Content on the Services, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services. You also hereby grant each user of the Services a non-exclusive license to access your Published User Content through the Services, and to use, reproduce, distribute, display and perform such Published User Content as permitted through the functionality of the Services and under the terms of these Terms of Service.
11. Third-Party Content.
The Site may contain links to websites owned or controlled by third parties. It may also contain informational resources created by third parties that the Company is providing as a courtesy for educational purposes. The Company does not endorse or warrant the accuracy of the information contained in any such third-party websites or informational resources. The Company does not guarantee that your use of any such third-party websites or informational resources to create your own resupply strategy will be successful. The Company will not be liable for any damage or injury caused by your use of or reliance on the content contained in such third-party websites or information. The Company strongly advises you to read the terms, conditions, and privacy policies of any such third-party websites that you visit.
12. Limitation of Liability.
The Company will not be liable for any damage or injury you may incur as a result of any errors or omissions related to the Company Services. The Company will not be liable for any damage or injury you may incur as a result of your use or reliance on the content provided by the Company on the Site. The Company will not be liable for any damage or injury to you that may result from the delivery of damaged or otherwise unusable supplies. If you plan your own resupply strategy, the Company will not be liable for any injury or harm you may incur as a result of that strategy.
To the extent permitted by law, you agree to indemnify and hold harmless the Company and its directors, officers, employees, agents, and representatives from and against all claims, liabilities, damages, and costs arising from or related to: (a) your misuse of the Site or the Company Services or (b) your violation of these Terms.
14. Copyright Infringement.
The Company respects the intellectual property rights of others. Accordingly, the Company will respond to claims of copyright infringement in a timely manner. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements you believe are taking place on or through the Site using the Company’s contact form provided on the Site. On receipt of an alleged copyright infringement, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
You may terminate your account with the Company and cancel any pending orders (subject to Section 5) at any time by logging in to your account and following the instructions for termination. The Company may also terminate your account and any pending orders via electronic notice to you if you breach any of these Terms.
16. Governing Law; Venue.
These Terms will be governed by, and will be enforced and interpreted in accordance with, California law. Venue for any disputes regarding the enforceability or interpretation of these Terms will be exclusively in the state or federal courts located in San Francisco, California.
17. Attorneys’ Fees.
If any legal proceeding is commenced to enforce or interpret any provision of these Terms, the prevailing party in the proceeding will be entitled to recover that party’s reasonable attorneys’ fees in the proceeding and on appeal, as well as the costs and disbursements allowed by law.
If any provision of these Terms is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, all other provisions will remain in full force and effect.
No waiver of a right arising out of a breach of any provision of these Terms will be deemed a waiver of any right arising out of any other or subsequent breach of the same or any other provision or a waiver of the provision itself.
20. Entire Agreement.
These Terms constitute the entire agreement between you and the Company with respect to the subject matter of these Terms and supersede all prior and contemporaneous agreements and understandings, written or oral, with respect to the subject matter of these Terms.