Terms Of Service

OUR AGREEMENT

By using the TrailNote.com web site, a service of Flusion LLC, you are agreeing to be bound by the following terms and conditions ("Terms of Use").

Basic Terms
  1. You must be 13 years or older to use this site.
  2. You are responsible for any activity that occurs under your screen name.
  3. You are responsible for keeping your password secure.
  4. You must not abuse, harass, threaten, impersonate or intimidate other TrailNote™ users.
  5. You may not use the TrailNote™ service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the TrailNote™.com service.
  7. You must not modify, adapt or hack TrailNote.com or modify another website so as to falsely imply that it is associated with TrailNote.com.
  8. You must not create or submit unwanted email to any TrailNote™ members ("Spam").
  9. You must not transmit any worms or viruses or any code of a destructive nature.
  10. You must not, in the use of TrailNote™, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your TrailNote™ account. While TrailNote™ prohibits such conduct and content on its site, you understand and agree that TrailNote™ cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the TrailNote™ service at your own risk.


General Conditions
  1. We reserve the right to modify or terminate the TrailNote™ service for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  3. We reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.
  4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  5. The TrailNote™ service makes it possible to post images and text hosted on TrailNote™ to outside websites. This use is accepted (and even encouraged!). However, pages on other websites which display data hosted on TrailNote™ must provide a link back to TrailNote™.
  6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
Copyright (What's Yours is Yours)
  1. We claim no intellectual property rights over the material you provide to the TrailNote™ service. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account or requesting TrailNote™ to remove your account for you. This will also remove any text, images, and personal information you have stored in the system.
  2. We encourage users to contribute their creations to the public domain or consider progressive licensing terms.
  3. We value your privacy and will not release your personal information to any outside entity without your consent. Your personal information may be used by TrailNote™ for internal marketing purposes.
  4. TrailNote™ undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
    1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
    2. A description of the copyrighted work claimed to have been infringed;
    3. A description of the infringing material and information reasonably sufficient to permit TrailNote™ to locate the material;
    4. Your contact information, including your address, telephone number, and email;
    5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Privacy
Our privacy policy is listed here. Users of this site agree to our posted policy.

Usage
The usage of TrailNote™ is not intended as a life saving, emergency prepardness, or professional trip planning system and is for informational purposes only. TrailNote™ makes a reasonable effort to ensure our system functionality. TrailNote™ nor its parent company or affiliates makes no guarantees as to the reliability, deliverability, or accessability of the TrailNote™.com website or services. The website Content and program is not intended to be a substitute for professional trip planning and management. Never disregard professional travel advice, trip planning information, or common safety practices because of the TrailNote™ website.

Indemnity
You agree to defend, indemnify and hold harmless TrailNote™, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the TrailNote™ Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the TrailNote™ Website.

Final Notes
If you actually have read through our Terms Of Service, we applaud you! Studies have shown that 98% of registered users don't read the Terms Of Service associated with a site. Be happy, you're one of the smart 2%. That's a good thing!

Claims, comments, and cash (yeah!) can be sent to us via our contact form here.
Postal mailed to: TrailNote™ C/O Flusion, LLC., 835 W Warner Rd, Suite 101 PMB 402, Gilbert, Arizona 85233.