Trail Navigator Terms of Service
Thank you for using Trail Navigator.
By registering for membership with Trail Navigator (“Trail Navigator Software”) and using Trail Navigator and related services and features (“Services”), you (“User”) are agreeing that this Terms of Services will apply and that you are bound by these terms (“Agreement”).
Membership and Subscription
User shall register for Trail Navigator Software’s membership before subscribing Trail Navigator; the membership registration is free of charge. User may apply for new accounts via the Trail Navigator app. In the event that the emails used by a User for membership registration is/are found to be invalid, Trail Navigator Software shall have right at its sole discretion to suspend such User’s Trail Navigator Software account and/or delete or remove any data stored under such account without any liability. If a User encounters subscription or payment refund problems that are resulted from using invalid emails, subsequent handling will take place only if such a User has resubmitted and verified a valid email and upon confirmation that such resubmitted account belongs to the User making the compliant. User is deemed to have agreed to receive any emails or e-newsletters that will be sent by Trail Navigator Software upon making the application for Trail Navigator Software’s membership registration. User will be charged only for and when subscribing and purchasing Trail Navigator Premium.
Services
The Services provided on Trail Navigator Premium include offline access.
Subscription and Trial
Trail Navigator provides free trial for a specified period to be determined by Trail Navigator Software from time to time for accessing and using the Services (“Free Trial”). Free Trial may be activated by one of the following methods: (1) by clicking the “Free Trial” button and starting subscription on Trail Navigator Software’s apps.
After subscribing or activating Trail Navigator Software’s Services through Free Trial, User can view his or her current status of subscription under My Account of Trail Navigator Software Apps. User can also renew or cancel his or her subscription by following one of the methods described below:
Upon subscribing to Trail Navigator Premium subscription fee will be charged by subtracting funds from User’s account. User’s subscription will be automatically renewed until User unsubscribes to his or her Trail Navigator Premium subscription. If User wishes to unsubscribe to his or her fee-paying subscription, User should follow the instructions available on https://support.apple.com/en-us/HT202039.
Subscription Cancellation
If User subscribes to Trail Navigator Software’s Services via in-app purchase, he or she shall follow the procedures set forth in the platform where User originally subscribed to the Services for viewing subscription history or cancelling automatic renewal. For instance, if User subscribed to Trail Navigator Software’s Services via Apple’s in-app purchase, he or she shall follow Apple’s procedures for subscription management or refund as set forth at https://support.apple.com/en-ap/HT202039;or if User subscribed to Trail Navigator Software’s Services via Window’s or Android’s in-app purchase, he or she shall follow Window’s or Android’s procedures as set forth at http://www.microsoftstore.com/store/msusa/en_US/DisplayHelpSubscriptionAutoRenewalPolicyPage or https://support.google.com/googleplay/answer/2476088?hl=en respectively.
In the event that User unsubscribes to the Services prior to the expiration of the subscription, User may still access and use the Services until the expiration date. However, in the event that User obtains any refunds the Services shall be terminated automatically and simultaneously without prejudice.
Privacy Policy
Trail Navigator Software’s Privacy Policy shall govern and apply. Personal information that User supplies to Trail Navigator Software, and any information about User’s use of Trail Navigator Software’s website or Services that Trail Navigator Software obtained will be subject to Trail Navigator Software’s Privacy Policy
Modifications
Trail Navigator Software reserves the rights at any time to make any amendments, adjustments or modifications of this Agreement, Services or pricing or impose new or additional terms or conditions on the user of the Services, with immediate and retrospective effect.
Termination of Subscription
In the event of any breach of the Agreement, any damages or losses incurred upon Trail Navigator Software in relation to the Services or any conditions Trail Navigator Software may consider necessary, Trail Navigator Software may terminate the Services or subscription without prejudice.
Upon termination of User’s account, User will lose all access to the Service and any portions thereof, including without limitations the account, user ID, email account and content.
Communications
From time to time, we provide service notifications to you via email or
through posting notices on our website, as determined by us in our sole
discretion. By consenting to receive emails and confirming your email
address you consent to our sending of such notices to you. In addition,
we may also use your email address to send other messages to you,
such as cyber safety tips, user communications or Service updates.
If you do not want to receive certain emails, you can unsubscribe at any
time by clicking the unsubscribe link (contained in the bottom of each email we send).
Or simply contact us and let us know you want to unsubscribe.
Limitations on Use
User shall use the Services only for purposes as permitted by this Agreement and any applicable law, regulation or generally accepted practice in the applicable jurisdiction.
Disclaimer of Warranties
Trail Navigator Software does not guarantee, represent or warrant that the use of the Services will be uninterrupted or error-free, and User agrees that from time to time Trail Navigator Software may remove the Services for indefinite periods of time or cancel the Services in accordance with the terms of this Agreement.
User expressly understands and agrees that the Services are provided on an “as is’ and ‘as available’ basis. Trail Navigator Software and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, Trail Navigator Software and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no warranty that (i) the Services will meet your requirements; (ii) the use of the Services will be timely, uninterrupted, secure or error-free; (iii) any information obtained by User as a result of the Services will be accurate or reliable, and (iv) any defects or errors in the software provided to User as part of the Services will be corrected.
Trail Navigator Software does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and Trail Navigator Software disclaims any liability relating thereto.
Any material downloaded or otherwise obtained through the use of the Services is accessed at User’s own discretion and risk, and User shall be solely and fully responsible for any damage to User’s device, computer or loss of data that results from the download of any such material. User also acknowledges that the Services are not intended or suitable for use in situations or environments where the failure or time delays of or errors or inaccuracies in the content, data or information provided by the Services could lead to death, personal injury or severe physical or environmental damage.
Indemnification
User agrees to defend, indemnify and hold Trail Navigator Software, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, relating to or arising from: (i) any content User submits, posts, transmits or otherwise makes available through the Services; (ii) the use of the Services; (iii) any violation by User of this Agreement; (iv) any action taken by Trail Navigator Software as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred, or (v) your violation of any rights of any third party. User shall not sue Trail Navigator Software, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn User, to suspend or terminate User’s access to the Services, or to take any other action during the investigation of a suspected violation or as a result of Trail Navigator Software’s conclusion that a breach of this Agreement has occurred. User acknowledges that User is responsible for all use of the Services and that this Agreement applies to any and all usage of User’s account.
User agrees to comply with this Agreement and to defend, indemnify and hold harmless Trail Navigator Software from and against any and all claims and demands arising from usage of the Services or account, whether or not such use is expressly authorized by User.
The foregoing obligations shall survive the termination or expiration of this Agreement or User’s subscription.
Limitation of Liability
To the fullest extent permissible by law, in no event shall Trail Navigator Software, its affiliates, subsidiaries, directors, officers, employees, agents, suppliers or licensors be liable to User for any direct, indirect, incidental, special or consequential damages, including without limitations loss of use, data, business, goodwill or profits or cost of procurement of substitute goods or services, or other tangible or intangible losses, which may result from any matter or conduct by User or any third party in relation to, in connection with, through or on the Service, regardless of legal theory, whether or not Trail Navigator Software has been warned of the possibility of such damages, and even if a remedy may fail of its essential purpose.