Posted on: November 17th, 2017
- Trail Information Prevails. The information provided by Funtreks is not intended to replace the information provided on any trail or road, such as travel direction, time-based restrictions, animal restrictions, mode of transportation restrictions, trail blocks, trail signs, police or park ranger instructions, etc.
- Cautious Riding. Always travel vigilantly according to trail conditions and in accordance with local laws.
- No Warranty of Accuracy. The information provided by Funtreks is always fluctuating and may be inaccurate, incomplete or outdated. Funtreks does not provide any warranties to such information’s timeliness, credibility or reliability. All information and content provided by the Funtreks service (the “Service”) is made available for informational and planning purposes only, and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location or trail data may lead to death, personal injury, property or environmental damage. The results you receive from the Service may vary from actual trail conditions due to factors that can affect the accuracy of the data, such as, without limitation, weather, trail and traffic conditions, and geopolitical events. For your safety, always pay attention to your surroundings and observe current trail conditions and signage.
- Location-Based Service. Some features of the Service make use of detailed location and trail route information, for example in the form of GPS signals and other information sent by your mobile device. These features cannot be provided without utilizing this technology.
- Internet Connection. The connection required to use the Service, and any associated charges (e.g., mobile data charges) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service requires an online (e.g., Wi-Fi, 3G, 4G, 5G) connection between your cellular device and the Internet. The expenses of such a connection are as prescribed by the agreement between you and your communications service provider (such as your cellular provider), and according to its applicable terms of payment.
- Public Data. The Service utilizes some public data for map displays, updates and trail information. The Service, its database, Funtreks trademarks, the design of the maps and other things integrated into the Service are owned by Funtreks, and are not public data.
- Limitation of Liability. FUNTREKS PROVIDES THE SERVICE AND THE CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. FUNTREKS HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. Without limiting the above, Funtreks disclaims any warranties relating to the accuracy of the Service, the trail maps, content, trail conditions, directions, or navigation routes presented or displayed in or by the Service. For instance, existing trails may be missing from the Service and/or trails listed on the Service may be nonexistent. You acknowledge and agree that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and that you further acknowledge and agree that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws and regulations while using the Service. Funtreks does not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secure from unauthorized access, immune from damages, free of malfunctions, bugs or failures, including without limitation, hardware failures, software failures, and software communication failures, originating either in Funtreks or any of its providers. FUNTREKS, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT OR ERROR MADE BY FUNTREKS STAFF OR ANYONE ACTING ON FUNTREKS’ BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT THROUGH THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS OR MALFUNCTIONS.