UTV TRAIL MAPS DISCLAIMER
The information contained in this website is for general information purposes only. www.utvtrailmaps.com provides the information and while we endeavor to keep the information accurately and correct, www.utvtrailmaps.com makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, files, reliability, suitability or availability with respect to the website, maps or the information, products, data, services, or related graphics contained on the website for any purpose. Any confidence you place on such information is therefore strictly at your own risk.
In no event www.utvtrailmaps.com will we be liable for any loss or damage including without limitation, indirect or any consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of our maps, or in connection with, the use of this website.
Through this website, you can link to other websites which are not under the control of www.utvtrailmaps.com. We have no control over the nature, content, and availability of any of those sites.
We make every effort is made to keep the website up and running smoothly. However, www.utvtrailmaps.com takes no responsibility and will not be liable for, issues beyond our control, the website being temporarily unavailable due to technical.
The information provided here is an interpretation of the GPS data information supplied on sources stated. Each person is responsible for obtaining and interpreting the maps on their own. Any actions taken by anyone should be based on the information available at the time they ride, and this information is not to be used as an authorization or permission or use on private property in any respect. Information posted paper maps always supersede information available in writing or on www.utvtrailmaps.com map. Anyone who accesses to this website or maps agrees to hold the author of this page, the www.utvtrailmaps.com website owners and sponsors free from any liability concerning accuracy or fitness for any particular purpose.
www.utvtrailmaps.com has provided many links to internet sites maintained by certain unrelated third parties. www.utvtrailmaps.com does not control the accuracy of the content of any information posted on site, products or services of these third-party sites. The information on this site and the third-party
Content found on this site comes from public sources and believed to be accurate but may contain inaccuracies or typographical errors. www.utvtrailmaps.com does not warrant that the content or functions of this website are correct. The use of the www.utvtrailmaps.com website and the features thereof is at your own risk. www.utvtrailmaps.com assumes no liability for or anything relating to errors, delay, maps, failure, names, interruption or corruption of any map data or other information transmitted in connection with the use of www.utvtrailmaps.com.
www.utvtrailmaps.com may make revisions to any of the contents of data and or links or these Conditions of Use at any time with no prior notice to any user or member.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU, AND WE RECOMMEND THAT YOU PRINT OUT A COPY OF THESE TERMS FOR YOUR RECORDS.
- Additional Terms
- Changes to Terms
- Users and Accounts
- Personal Use
- Responsible Use of UTV TRAIL MAPS Online Services
- Provision of the UTV TRAIL MAPS Online Services
- Service-Specific Terms and Conditions 8.1. UTV TRAIL MAPS Users, Accounts and Update Program 8.2. UTV TRAIL MAPS Real Property Transactional Services 8.3. UTV TRAIL MAPS Mobile Application
- Opting Out of Communications
- UTV TRAIL MAPS ’ Disclaimer of Warranty and Limitation of Liability
- Copyright and Trademark
- Digital Millennium Copyright Act (“DMCA”) Policy 12.1. Repeat Infringer Policy 12.2. Designated Agent 12.3. Notice of Claimed Copyright Infringement 12.4. Counter-Notification to Claimed Copyright Infringement 12.5. Liability for Misrepresentation under the DMCA
- Errors, Inaccuracies, and Moderation
- Feedback and Submissions
- Geographical Scope of the UTV TRAIL MAPS Online Services
- Acceptable Use
- Governing Law
- Entire Agreement
- Waiver, Severability & Assignment
- Dispute Resolution
- Notice to California Residents
- General Provisions
- Contact UTV TRAIL MAPS
- Terms, Supplemented and Additional Terms
Certain services offered by through the UTV TRAIL MAPS Online Services, including real property transactional services, mobile applications, loyalty programs, sweepstakes and other promotions, may be governed by additional terms and conditions presented in conjunction with them (“Additional Terms”). You must agree to the Additional Terms before using such services. These Terms and any Additional Terms will apply equally. In the event of an irreconcilable inconsistency between any Additional Terms and these Terms, the Additional Terms will prevail.
- Changes to Terms
We may change these Terms so please check back from time to time. If we make material changes to these Terms, we will inform you in advance by posting a notice within the UTV TRAIL MAPS Online Services. We may also notify you of such material changes via electronic communication, and we may ask you to affirmatively accept changes to these Terms at the time of your next account login, access or use of the UTV TRAIL MAPS Online Services. By continuing to use the UTV TRAIL MAPS Online Services after such notice and/or acceptance, you agree to be bound by these Terms as modified. All changes are effective when we post them and apply to your access and use of the UTV TRAIL MAPS Online Services thereafter. Changes to the Dispute Resolution provisions below do not apply to any dispute for which you or we have actual notice prior to the date that the revised Terms are effective.
- Users and Accounts
The UTV TRAIL MAPS Online Services are not intended for use by anyone under the age of twenty-one (21). YOU MUST BE AT LEAST AGE 21 TO ACCESS AND USE THE UTV TRAIL MAPS ONLINE SERVICES. By accessing, using and/or submitting information to or through the UTV TRAIL MAPS Online Services, you represent that you are at least age 21.
In addition, you will need to create and register an account in order to use certain UTV TRAIL MAPS Online Services. In creating an account, you represent that you are at least age 21, have the mental capacity to enter into a contract for the purchase or sale of real property, and you agree to:
- create only one account;
- provide honest, accurate, truthful, current and complete information;
- keep your information updated and accurate;
- maintain the security of your account by not sharing your password with others and restricting access to your account and your computer;
- promptly notify UTV TRAIL MAPS if you discover or suspect that your account has been hacked or its security breached; and
- take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
You are responsible for providing the equipment and services that you need to access and use the UTV TRAIL MAPS Online Services. We do not guarantee that the UTV TRAIL MAPS Online Services are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the UTV TRAIL MAPS Online Services or any component of them and to block or prevent future access to and use of the UTV TRAIL MAPS Online Services and to delete your account and any related information. Any obligation or liability incurred by you prior to our termination of your access to the UTV TRAIL MAPS Online Services will survive such termination.
- Personal Use Only
The UTV TRAIL MAPS Online Services are owned by UTV TRAIL MAPS and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the UTV TRAIL MAPS Online Services. You may not save or archive a significant portion of the material appearing in or on the UTV TRAIL MAPS Online Services. All rights not expressly granted herein are reserved by UTV TRAIL MAPS .
- Responsible Use of the UTV TRAIL MAPSOnline Services
You may use the UTV TRAIL MAPS Online Services for lawful purposes and in accordance with these Terms. You may not use the UTV TRAIL MAPS Online Services:
- for any purpose that is unlawful or prohibited by these Terms or the UTV TRAIL MAPS Acceptable Use Policy;
- to cause harm or damage to any person or entity;
- interfere with the proper operation of the UTV TRAIL MAPS Online Services; or
- to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by UTV TRAIL MAPS in its sole discretion).
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS UTV TRAIL MAPS AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY UTV TRAIL MAPS ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.
- Provision of the UTV TRAIL MAPS Online Services
We are constantly improving the UTV TRAIL MAPS Online Services to provide the best possible experience for you and other users. You acknowledge and agree that the UTV TRAIL MAPS Online Services, or certain features of the UTV TRAIL MAPS Online Services, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current UTV TRAIL MAPS Online Services is subject to these Terms.
You acknowledge and agree that we may decline to provide access to the UTV TRAIL MAPS Online Services or stop (permanently or temporarily) providing the UTV TRAIL MAPS Online Services (or any feature, program or content within the UTV TRAIL MAPS Online Services) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the UTV TRAIL MAPS Online Services at any time. You do not need to specifically inform us when you stop using the UTV TRAIL MAPS Online Services.
You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the UTV TRAIL MAPS Online Services, your account details, or any files or other content which are contained in your account.
If you use a mobile device to access the UTV TRAIL MAPS Online Services, the following additional terms and conditions (“Mobile Terms”) also apply:
- You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the UTV TRAIL MAPS Online Services. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
- You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
- If you opt in to participate in one of our text message programs, you provide your advance consent to receive text messages from an automated system. Your consent was not and is not required as a condition of purchasing any property, goods, or services from us. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate short code.
- Message frequency depends on the program.
YOUR ACCESS TO AND USE OF THE UTV TRAIL MAPS ONLINE SERVICES VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.
- Service-Specific Terms and Conditions
8.1 UTV TRAIL MAPS Users, Accounts and Update Program.
The term “User” as used in these Terms means an individual user of the UTV TRAIL MAPS Online Services who creates a UTV TRAIL MAPS account (“Account”) by providing his/her name, password, valid email address, zip code of his/her primary residence and date of birth. To become a User, you must reside in and have a valid zip code in the 48 contiguous U.S. states or Washington D.C. Groups, clubs or organizations cannot be Users, and the Program is void outside the 48 contiguous U.S., states and Washington D.C. and where otherwise prohibited, restricted or taxed.
When you become a UTV TRAIL MAPS User, you will be automatically enrolled in the UTV TRAIL MAPS Update Program (“Update Program”) to receive emails, SMS text messages, direct mail and other communications (“Communications”) with the latest news about UTV TRAIL MAPS and its Affiliates, special offers, and coupons. When creating an Account, you may choose not to receive certain Communications (see Opting Out of Communications, below) but your email address and other contact information may be retained indefinitely in our Update Program database for administrative purposes. If you choose not to receive Communications, you may not receive Update Program benefits, such as special offers or coupons that UTV TRAIL MAPS may make available to Users from time to time, and which may be subject to specific terms, restrictions and conditions.
Creating an Account does not guarantee receipt of any Communications or the availability to you of any coupons, special or promotional offers. The Update Program or any component of it is subject to change or termination without notice. Continued participation in the Update Program constitutes acceptance of its then-current terms and conditions.
Users are responsible for updating their Accounts. We are not responsible for any Communications sent to an incorrect or incomplete address or number, or for any lost, late, misdirected, damaged, postage-due or illegible mailings or other Communications. We reserve the right to correct and not honor errors made in our Communications with you.
8.2 UTV TRAIL MAPS Real Property Transactional Services
8.3 UTV TRAIL MAPS Mobile Application
UTV TRAIL MAPS plans to make a mobile application available in the future. Regarding the UTV TRAIL MAPS Mobile Application (“Mobile App”), these Terms supplement and incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (b) the relevant terms of the Google Inc. (“Google”) Google Play Developer Distribution Agreement https://play.google.com/about/developer-distribution-agreement.html (“Supplemented Terms”). You must agree to these Supplemented Terms as well as these Terms before using the UTV TRAIL MAPS Mobile App. In the event of an irreconcilable inconsistency between any Supplemented Terms and these Terms, these Terms will prevail.
In addition, the Mobile App may make special offers available from time to time (“App Offers”). App Offers may be based on your particular location or usage history using the UTV TRAIL MAPS website or Mobile App. App Offers also may be subject to additional terms and conditions as described in the App Offer. These App Offers are an integrated feature of the Mobile App. If you do not wish to receive App Offers, you will need to delete the Mobile App from your mobile device(s).
By downloading and using the Mobile App you acknowledge and agree that you accept the Supplemented Terms and that UTV TRAIL MAPS is solely responsible for the Mobile App and the content thereof, and not Apple or Google.
- Opting Out of Update Communications
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS, AND NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UTV TRAIL MAP DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, PROPRIETY, SECURITY OR RELIABILITY OF ANY OF THE UTV TRAIL MAPS ONLINE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, UTV TRAIL MAPSSPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, AND ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO ALL OF ITS ONLINE SERVICES AND ALL MATERIALS ACCESSIBLE THROUGH THE UTV TRAIL MAPS ONLINE SERVICES.
YOU AGREE THAT YOUR ACCESS AND USE OF THE UTV TRAIL MAPS ONLINE SERVICES ARE AT YOUR OWN RISK, AND THAT THEY ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE ARE NOT LIABLE FOR ANY HARM RESULTING FROM: (A) CONTENT POSTED BY OTHER USERS; (B) THE CONDUCT OF OTHER USERS, E.G. ILLEGAL CONDUCT; © YOUR USE; OR (D) OUR REPRESENTATIONS.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UTV TRAIL MAPS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, ANY OF THE UTV TRAIL MAPS ONLINE SERVICES OR ANY MATERIALS AVAILABLE IN ANY UTV TRAIL MAPS ONLINE SERVICE. UTV TRAIL MAP DOES NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN ANY OF THE UTV TRAIL MAPS ONLINE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, THAT EACH THE UTV TRAIL MAPS ONLINE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF UTV TRAIL MAPS AWARE OF THEM.
IN NO EVENT WILL UTV TRAIL MAPS AND ITS PARENT’S OR AFFILIATES’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE UTV TRAIL MAPS ONLINE SERVICES OR $100, WHICHEVER IS LESS. YOU AGREE TO BRING ANY AND ALL ACTIONS WITHIN ONE (1) YEAR FROM THE DATE OF THE ACCRUAL OF THE CAUSE OF ACTION AND THAT ACTIONS BROUGHT AFTER THIS DATE WILL BE BARRED.
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT UTV TRAIL MAPS ’ LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
- Copyright and Trademark
Unless otherwise noted, all materials published on any UTV TRAIL MAPS Online Service are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by UTV TRAIL MAPS, UTV TRAIL MAPS and/or its affiliates or by other parties that have licensed their material to UTV TRAIL MAPS(“UTV TRAIL MAPS Marks”). UTV TRAIL MAPS Marks displayed in the UTV TRAIL MAPS Online Services represent some of the proprietary rights currently owned or controlled by UTV TRAIL MAPS in the United States and/or in other countries and are not intended to be a comprehensive compilation of all UTV TRAIL MAPS ’ worldwide proprietary ownership rights.
Other trademarks, service marks, graphics and logos used in connection with the UTV TRAIL MAPS Online Services are the trademarks of their respective owners (collectively “Third Party Marks”).
The UTV TRAIL MAPS Marks and Third Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of the applicable trademark holder. You may not remove or alter any copyright, trademark or other proprietary right notice in the UTV TRAIL MAPS Online Services. All rights not expressly granted are reserved.
- Digital Millennium Copyright Act (“DMCA”) Policy
This DMCA statement constitutes part of the legal terms and conditions governing all users of the UTV TRAIL MAPSOnline Services. In compliance with the DMCA (Title 17, United States Code), UTV TRAIL MAPS will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. UTV TRAIL MAPSalso reserves the right to remove and disable access to any user-posted material which, in UTV TRAIL MAPS ’ sole judgment, may be infringing or violating another’s intellectual property right, whether or not UTV TRAIL MAPShas been notified by the rights holder.
12.1. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, UTV TRAIL MAPS has adopted a policy of terminating, in appropriate circumstances, the accounts of registered users who are determined by UTV TRAIL MAPS to be repeat infringers. UTV TRAIL MAPS may also, in its sole discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.
12.2 Designated Agent
In compliance with the DMCA, the Designated Agent for UTV TRAIL MAPS to receive notifications of claimed infringement relating to any of the UTV TRAIL MAPS Online Services is registered at https://www.copyright.gov/dmca-directory/.
By mail: UTV TRAIL MAPS
PO BOX 58 Middleton, ID 83644
12.3 Notice of Claimed Copyright Infringement
If you believe that your copyright has been infringed or violated by any material posted on any of the UTV TRAIL MAPS Online Services, please notify our Designated Agent listed above in writing and provide the following:
- 3.1 a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 3.2 identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 3.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- 3.4 information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address;
- 3.5 a statement that the complaining party has 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
- 3.6 a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12.4 Counter-Notification to Claimed Copyright Infringement
Under the DMCA, if a notice of copyright infringement has been filed against material posted by you on any of the UTV TRAIL MAPS Online Services, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following:
- 4.1 your physical or electronic signature;
- 4.2 identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- 4.3 a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- 4.4 your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of New York, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If UTV TRAIL MAPS receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
12.5 Liability for Misrepresentation under the DMCA
Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are not sure whether certain material or activity infringes your or another’s copyright, please consult with a qualified attorney.
Links provided within the UTV TRAIL MAPS Online Services will allow you to connect to other websites and services that are not under UTV TRAIL MAPS’ control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
- Errors, Inaccuracies and Moderation.
The UTV TRAIL MAPS Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the UTV TRAIL MAPS Online Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s display of color or other product features is accurate. If anything that you purchase through the UTV TRAIL MAPS Online Services is not satisfactory to you, your sole remedy is to return it (unused) for a refund.
You agree we may moderate access and use to the UTV TRAIL MAPS Online Services in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree not to bypass said moderation, and you agree that we are not liable for moderating, not moderating, or representations as to moderating, and further, you agree that nothing we say or do waives our right to moderate, or not.
- Feedback and Submissions
Unfortunately, UTV TRAIL MAPS is unable to accept unsolicited ideas. But thanks for thinking of us. By submitting any material to us through any of the UTV TRAIL MAPS Online Services, you expressly grant to UTV TRAIL MAPSand its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of UTV TRAIL MAPS and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification”), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
- Geographical Scope of the UTV TRAIL MAPS Online Services
UTV TRAIL MAPS controls and operates the UTV TRAIL MAPS Online Services from within the United States. Unless otherwise specified on any UTV TRAIL MAPS Online Services, the UTV TRAIL MAPS Online Services are intended for use only by those in the United States; UTV TRAIL MAPS makes no representation that the materials in the UTV TRAIL MAPS Online Services or the products described thereby are appropriate or available for use in other locations. If you access the UTV TRAIL MAPS Online Services from outside the United States, be advised the UTV TRAIL MAPS Online Services may refer you to products and services that are not available or are prohibited in your country. All visitors to and users of the UTV TRAIL MAPS Online Services are responsible for compliance with all local laws applicable to them with respect to the content and operation of the UTV TRAIL MAPS Online Services.
- Acceptable Use
Certain materials on the UTV TRAIL MAPS Online Services describe real property for sale by third parties. They do not constitute an offering for the sale of real property by UTV TRAIL MAPS or through the UTV TRAIL MAPS Online Services. You may use the UTV TRAIL MAPS Online Services solely for the purpose of learning about real property for sale and negotiating an agreement regarding those properties. Any purchase or sale of such items shall take place outside of the UTV TRAIL MAPS Online Services and shall be subject your compliance with the various international, federal, state, local and other laws and regulations governing those transactions. In addition, you agree to comply with the terms of the additional terms and policies, including our Acceptable Use Policy, listed above.
- Governing Law
The documents relating to your use of the UTV TRAIL MAPS Online Services, including these Terms, shall be governed by the laws of the State of New York. By using the UTV TRAIL MAPS Online Services you agree to subject yourself to the exclusive jurisdiction of the Supreme Court of the State of New York, County of New York and/or the United States District Court for the Southern District of New York for the litigation of any claims arising out of or relating to the UTV TRAIL MAPS Online Services that are not covered by the arbitration clause contained herein.
- Entire Agreement
These Terms constitute the entire agreement between you and UTV TRAIL MAPS with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
- Waiver, Severability & Assignment
No delay or failure on the part of UTV TRAIL MAPS to enforce any part of these Terms will constitute a waiver of any of UTV TRAIL MAPS ’ rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by UTV TRAIL MAPS nor the reliance of any person on UTV TRAIL MAPS ’ actions will be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of UTV TRAIL MAPS will have any legal effect whatsoever.
If any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions, and the remaining provisions will remain in full effect, and an enforceable term will be substituted reflecting our intent as closely as possible.
These Terms and the rights granted hereunder may be assigned by UTV TRAIL MAPS but you may not assign them without the prior express written consent of UTV TRAIL MAPS, and any such attempt will be void.
- Dispute Resolution
YOU AND UTV TRAIL MAPSAGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and UTV TRAIL MAP Sand its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “UTV TRAIL MAPS ”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration in Richmond County, in the State of New York administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. UTV TRAIL MAPS will provide such notice by e-mail to your e-mail address on file with UTV TRAIL MAPS and you must provide such notice by completing the form on the UTV TRAIL MAPS website with “Legal Dispute” appearing in the subject line. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, UTV TRAIL MAPS will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse UTV TRAIL MAPS for all fees associated with the arbitration that UTV TRAIL MAPS paid on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. UTV TRAIL MAPS and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither UTV TRAIL MAPS nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the UTV TRAIL MAPS Online Services by any authority.
- General Provisions
The headings and captions contained herein are for convenience only. These Listing Terms will inure to the benefit of and will be binding upon each party’s valid successors and assigns.
- Contact UTV TRAIL MAPS
If you have any questions regarding any of these Terms, you can contact us by using the Contact form on the UTV TRAIL MAPS website
Acceptable Use Policy
UTV Trail Maps
Acceptable Use Policy
- probe, scan, or test the vulnerability of any part of our system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the UTV Trail Maps Online Services, or shared areas of the UTV Trail Maps Online Services you haven’t been invited to;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- access, search, or create accounts for the UTV Trail Maps Online Services by any means other than our publicly supported interfaces (for example, by “scraping” or creating accounts in bulk, or using spiders, scripts, scrapers, crawlers, or the like);
- use or provide software except for general purpose web browsers and email clients, or software expressly licensed by us, or services that interact or interoperate with the UTV Trail Maps Online Services, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use;
- send or post misleading, unsolicited, unlawful communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- promote or advertise products or services other than your own without appropriate authorization;
- abuse referrals or promotions;
- circumvent account limits;
- sell the UTV Trail Maps Online Services unless specifically authorized to do so;
- publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
- advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
- violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading; or
- violate the privacy or infringe the rights of others.
You must also agree not to collect other users’ personal and/or contact information unless it is given directly to you by that user, and to respect any limits on use of that information imposed by that user.
If you have any questions regarding our Acceptable Use Policy, you can contact us by using the Contact form on the UTV Trail Maps website
UTV Trail Maps
We want you to enjoy every visit to www.realestatesearchidaho.com as well as every experience with UTV Trail Maps Online Services, and you should be aware that the UTV Trail Maps Online Services may make sensitive permissions requests on your computer, tablet or mobile device, and handle personal or sensitive user data (including personally identifiable information, financial and payment information, authentication information, phonebook or contact data, microphone and camera sensor data, and sensitive device data), and collect information about you and we may share that information with third parties in certain circumstances. Please read the following provisions carefully to understand how UTV Trail Maps collects, uses and discloses personally identifiable information from its users.
UTV Trail Maps controls and operates its business and the UTV Trail Maps Online Services from within the United States of America, but to provide you with the Services, we may store, process and transmit information in the United States and locations around the world – including those outside your country. Information may also be stored locally on the devices you use to access the Services.
Notwithstanding the above, our online privacy practices are governed by the laws of the United States and the State of New York, which may differ from privacy laws in your state or home country.
- What Kind of Information We Collect
Whether accessing the UTV Trail Maps Online Services from your home computer or while on the run from your smartphone or tablet, UTV Trail Maps and its agents may collect some information that identifies you or relates to you as an individual (“Personal Information”), such as your:
- mailing address and/or zip code;
- telephone number;
- e-mail address;
- username and password (for account administration);
- device ID, including IP address;
- financial account information and other personal financial and payment information (that you submit to us for transaction processing);
- additional personal information necessary for the administration of certain promotional events (such as your preferences); and certain identifying information such as your date of birth and contact information.
In addition, we may collect other types of data elements (“Other Information”) that do not reveal your identity or that do not relate directly to you or any other individual, such as:
- browser and device information, including the operating system;
- demographic information and other information provided by you that we may combine with other users of the UTV Trail Maps Online Services or use on its own;
- mobile application usage data;
- aggregated information such as “click stream” information such as entry and exit points for the UTV Trail Maps Online Services (including referring URLs or domains), certain UTV Trail Maps Online Services traffic statistics, page views, and impressions; and
In addition, when users request pages on the UTV Trail Maps Online Services, our servers automatically log the IP address of the particular user. The IP address is a unique number assigned to your computer in order to identify it whenever you are surfing the Web.
- How We Use the Personal Information We Collect
- process and manage your purchase and use of our products and services;
- respond to your inquiries or requests, and to post your comments or statements on message boards or in our online forums;
- create and deliver personalized promotions, including by combining your Personal Information with Other Information, such as the number of times you log in, and the amounts and types of purchases you make;
- communicate with you by mail, telephone, e-mail, mobile alerts and SMS text messaging about UTV Trail Maps, including but not limited to information about your activity or purchases, your services, accounts, contests you may enter into, your requests for information, and to update you about changes to the UTV Trail Maps Online Services;
- communicate with you, including by mail, telephone, e-mail, mobile alerts and SMS text messaging, in connection with our marketing efforts, such as when we send you offers and promotions that you can take advantage of through the UTV Trail Maps Online Services;
- allow you to send communications to others through the UTV Trail Maps Online Services;
- to further our business purposes, such as to perform data analysis, audits, fraud monitoring and prevention, to enhance, improve or modify the UTV Trail Maps Online Services, to identify usage trends, determine the effectiveness of our promotional campaigns and to operate and expand our business activities; and
- to send “transactional or relationship” communications to you, such as notices to facilitate a transaction you have conducted or messages that provide information about your account, using various electronic communication, including email and mobile communications.
- How We May Disclose Personal Information We Collect
Your privacy is very important to us. We generally won’t disclose your Personal Information to anyone outside of UTV Trail Maps or our Affiliates, except in the following circumstances.
We may disclose your Personal Information to third-party service providers to provide us with services such as website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services.
To Perform Services That You Request
We may disclose your Personal Information to third parties to perform services you request or functions you initiate, such as when you post information and materials on message boards and forums, including but not limited to those on UTV Trail Maps .com, our Facebook or other social media pages. When you post information in a public forum it becomes public information. In addition, we may disclose your Personal Information to identify you to anyone to whom you send communications through the UTV Trail Maps Online Services.
Corporate Transactions or Events
We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.
Other Legal Reasons
In addition, we may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to lawful requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our Affiliates; (6) to protect the rights, privacy, safety or property of UTV Trail Maps , our Affiliates, you and others; and (7) to enforce our terms and conditions.
- How We May Use and Disclose Other Information We Collect
Similarly, we generally use Other Information for any purpose not prohibited by law. More specifically, we may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all Other Information, provided that such information does not personally identify you. The Other Information that we collect generally will not personally identify you or be correlated to you individually for external purposes.
- How to Manage Your Account Information
You can log into your account via the UTV Trail Maps website or mobile app to manage and correct factual inaccuracies in the information we have on file about you. You can also contact us by using the Contact form on the UTV Trail Maps website and we will assist you, or do it for you.
- How We Provide Security and Protect Your Personal Information
UTV Trail Maps has implemented reasonable safeguards designed to prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through our UTV Trail Maps Online Services. We also adhere to several self-regulatory frameworks, including the EU-US Privacy Shield Frameworks.
With respect to payment card information and other Personal Information collected through our UTV Trail Maps Online Services, we use Secure Socket Layer Technology or SSL to encrypt or scramble that information during transmission. We also handle all user data securely, including transmitting it using modern cryptography Under the European Union Data Protection Directive 95/46/EC (the “Data Protection Directive”) and the General Data Protection Regulation (which will be in effect as of May 25, 2018 and will replace the Data Protection Directive), companies must ensure certain safeguards when transferring personal data outside of the European Economic Area to countries that are not considered as offering an adequate level of protection for personal data. UTV Trail Maps relies upon a variety of legal mechanisms to transfer personal data, including contracts with our vendors and service providers that require that they also adhere to these safeguards, and UTV Trail Maps remains accountable for your Personal Information in cases of onward transfer to third parties.
Unfortunately, no system or online transmission of data can be guaranteed to be 100% secure and you should always take appropriate security measures to protect your Personal Information, including ensuring that you have up-to-date antivirus software. If you believe that your UTV Trail Maps account or any information you provided to us is no longer secure, please notify us immediately through the Contact Us information provided below. Because our system is secure, you should also store your password in a safe place. Due to limitations on the technology that we use, we cannot assist you in retrieving lost passwords.
When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.
- Our Policy on Cookies, Interest-Based Advertising and “Do Not Track”
What Are Cookies?
Cookies are small text files placed in your computer browser directories to store your information about your use of the UTV Trail Maps Online Services and your activities online (collectively, “Cookies”). A Cookie will typically contain the name of the domain (internet location) from which the Cookie has come, the “lifetime” of the Cookie (i.e. when does it expire), and a value, usually a randomly generated unique number. To find out more about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
Your Control of Cookies
If you do not wish to receive Cookies or wish to manage when you accept Cookies in general, you may set your browser to reject Cookies or to alert you when a Cookie is placed on your computer. Although you are not required to accept our Cookies, if you set your browser to reject Cookies, you may not be able to use all of the features and functionality of the UTV Trail Maps Online Services. The Help feature on most browsers will tell you how to prevent your browser from accepting new Cookies, how to have the browser notify you when you receive a new Cookie, or how to disable Cookies altogether. If you block or otherwise reject our Cookies, you may lose some of the functionality of our site. For example, you may not be able to use any products and services that require you to sign in.
Online Marketing and Advertising
In addition, we and our partners may use these Data Collection Technologies to track the actions of users of the UTV Trail Maps Online Services, to measure statistics of our marketing efforts, and to deliver advertisements on the UTV Trail Maps Online Services that may be more relevant to individual consumers and that will improve the consumer experience on the UTV Trail Maps Online Services. For example, if you give us your zip code and we thus know you live in an area where a particular promotion is going on, we may deliver to you a communication or advertisement that is specific to that promotion
In addition, please note that certain third parties that we do not control may use Data Collection Technologies on the UTV Trail Maps Online Services such as information about your use of the UTV Trail Maps Online Services, including for analytics and fraud prevention as well as any other legal purpose. When we use the term “Data Collection Technologies” we are referring to any technology that collects information about your use of the UTV Trail Maps Online Services and potentially about your activities when you leave the UTV Trail Maps Online Services and visit other sites on the Internet.
WHILE WE ARE COMMITTED TO PROVIDING YOU WITH MEANINGFUL PRIVACY PROTECTIONS, PLEASE BE AWARE THAT CURRENTLY, WE DO NOT RECOGNIZE OR RESPOND TO BROWSER INITIATED DO NOT TRACK (“DNT”) SIGNALS.
- Social Networking and Third Party Sites
- Children’s Online Privacy
UTV Trail Maps recognizes the importance of protecting the privacy of children. We will not knowingly collect any personally identifiable information from children under the age of thirteen (13). When a user discloses personal information on the UTV Trail Maps Online Services, the user is representing to us that he or she is at least thirteen (13) years of age. If a child under the age of thirteen (13) has provided us with personally identifiable information through the UTV Trail Maps Online Services, we ask that a parent or guardian notify us by using the Contact form on the UTV Trail Maps website and we will delete the child’s information from our records.
- Third Parties and Your Responsibilities
If you choose to use any UTV Trail Maps Online Services functionality that allows you to send messages to third parties outside of the UTV Trail Maps Online Services, you must obtain their permission to provide their personal information, such as their name, phone number or email address, to UTV Trail Maps , and all other parties necessary to carry out the requested functionality, for example, by routing a message. You are solely responsible for maintenance of the confidentiality and security of any information which you transmit from or store on your computer, tablet, or mobile device for purposes of accessing and using the UTV Trail Maps Online Services, and for all transactions and other activities undertaken in your name, whether authorized or unauthorized. You agree to immediately notify UTV Trail Maps of any unauthorized transactions associated with the UTV Trail Maps Online Services, or any other breach of security, and that UTV Trail Maps shall not be responsible for any losses, costs or expenses arising out of the loss or theft of information which you may have transmitted from or stored on any device of yours, or from unauthorized or fraudulent transactions associated with the UTV Trail Maps Online Services.
- Email Communications, Text Communications and Push Notifications
If you sign up for a user account using the UTV Trail Maps Online Services, you are by default opted in to receive promotional email communications, text communications and push notifications from UTV Trail Maps (“Electronic Communications”) which may include promotional communications, special offers, account related information, and system messages.
You may opt-out to stop receiving Electronic Communications other than “transactional or relationship” communications referenced above by clicking the unsubscribe link at the bottom of any UTV Trail Maps email or updating your UTV Trail Maps account if you have one. To opt-out of SMS text messages from UTV Trail Maps, you can update your UTV Trail Maps account if you have one OR text STOP to the appropriate short code from the mobile device where you received the SMS text message. If you wish to stop receiving “transactional or relationship” Electronic Communications, you must delete your UTV Trail Maps user account.
- Contact Us
If you have any questions regarding our privacy practices, you can contact us by using the Contact form on the UTV Trail Maps website
In compliance with the Privacy Shield Principles, UTV Trail Maps commits to promptly resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact UTV Trail Maps using the Contact form referenced above, and inserting the words “Privacy Shield Inquiry/Complaint” in your message. You may also refer a complaint to your local data protection authority and we will work with it to resolve your concern. In certain circumstances, the Privacy Shield Framework provides the right to invoke binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles. UTV Trail Maps has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU.
In addition, UTV Trail Maps is subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC).