Easy 2 Hike - Terms of Service
EASY2HIKE INC. (“Easy2Hike”, or “us”, “our”, “we”) provides a proprietary real-time nature park hiking application (the “Application”) and navigation solution (together, the “Service/s”) available at www.easy2hike.com (the “Site”). These Terms of Service (“Terms”) govern your access and use of the Service. “You” or “Your” means a user of the Service.
Use of Service
Easy2Hike allows you to access and use the Service subject to the terms and conditions of these Terms for your personal use only. This does not allow you to make any commercial use of the Service or Content (as defined below). Subject to the terms and conditions hereof, Easy2Hike hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, license to download the Application and install it on your mobile device.
Use of and access to the Service is void where prohibited. By using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or have the permission of your parent or guardian, and (d) your use of the Service does not violate any applicable law or regulation or any obligation you may have to a third party. Currently, Easy2Hike makes the Service available free-of-charge to you, but Easy2Hike may choose at any time to charge for your future use of the Service.
You acknowledge that Easy2Hike may, in its sole discretion and at any time, modify the Application and/or discontinue providing the Service or any part thereof without notice. Easy2Hike has no obligation to maintain or support the Application or provide updates in respect therof.
You may register to use Easy2Hike by providing the requested information or by logging in through a social media account. We may change the method of registration at our discretion. By registering through a social media account you represent and warrant that such account is yours and you have all right to provide us with the information in such account. Easy2Hike reserves the right to refuse to allow any user to open an account for any reason at its sole discretion. You agree that you will supply accurate and complete information to us in the creation of your account and the use of the Services, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date.
You shall not share your account or login information with any third party, nor let any third party access your account, and are responsible for maintaining the confidentiality of the login information for your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your use of the Services if you let someone use your account inappropriately or if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account. Easy2Hike will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold Easy2Hike harmless for any improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us via e-mail at email@example.com.
Termination of Use
You agree that Easy2Hike may for any reason, in its sole discretion and without notice, terminate your account and/or use of the Service. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, the community ethos of our Services or the business interests of Easy2Hike. In the event that we terminate your account, you may not register for the Services again without our express permission. If you believe that any action has been taken against your account in error, please contact us at firstname.lastname@example.org.
If Easy2Hike believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, Content and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site. Any suspension, termination, or cancellation of your account shall not affect your obligations to Easy2Hike and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
Certain types of content may be made available through the Service and/or the Site. “Content” as used in these Terms means, collectively, all content on or made available through the Service and/or the Site, including but not limited to pictures and text posted by means of the Service or anywhere on the Site, whether by us or by any other member or user of the Service and/or the Site.
Easy2Hike may choose at its sole discretion to monitor Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Easy2Hike reserves the right to treat user Content as content stored at the direction of users for which Easy2Hike will not exercise editorial control except when violations are directly brought to Easy2Hike’s attention. Easy2Hike has the right to edit, delete, distort or move user Content from the Service without notice for any reason at any time.
Easy2Hike and its licensors own the Service, including all worldwide intellectual property rights in the Service and Content, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Service or any Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Service or Content. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Easy2Hike or any third party.
By submitting or posting any Content, you grant Easy2Hike and its successors and assigns a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content on, through or in connection with the Service and/or Site (including to post such Content to any social media Internet sites or applications) in any media formats and through any media channels, including without limitation, for commercially promoting the Service.
Easy2Hike cannot and does not accept any responsibility or liability in respect of the parks that you visit or the actions or omissions of any park visitors and/or park personnel. YOUR VISITING AND/OR HIKING THE PARK IS AT YOUR OWN RISK. Weather and conditions constantly change and we accept no responsibility therefor or with respect to the terrain or any flora or fauna. While we make our best efforts to provide you with useful notifications and information, we cannot guarantee that all such notifications and information will be suitable to your needs, appropriate or accurate. EASY2HIKE DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE ACTIONS OR INACTIONS YOU CHOOSE TO TAKE AS A RESPONSE TO THE NOTIFICATIONS PROVIDED BY THE SERVICE. Please hike responsibly, follow the rules and guidance provided by the park and use your common sense. Please take into account the weather, conditions, terrain, flora and/or fauna at the park. Please be aware that Easy2Hike’s policy is to make all efforts to cooperate with law enforcement officials regarding any unlawful behavior, and we will share all data as required to cooperate with any law enforcement request.
You agree that you will not act in any way or transmit or post any Content that: (a) restricts or inhibits use of the Service and/or Site; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner (including creating multiple accounts or personas) whether to another user, to us, or otherwise; (d) infringes (or results in the infringement of) Easy2Hike’s or any other third party’s intellectual property or other rights; (e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause Easy2Hike to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage Easy2Hike or any third party; (h) imposes an unreasonably or disproportionately large load on our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
The software and technology underlying the Service is the property of Easy2Hike, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any Content; (b) modify the Application or insert any code or product, or manipulate the Application in any way, (c) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content; (d) use the Service and/or Content in connection with any commercial endeavors in any manner; (e) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (f) harvest, collect or mine information about other users of the Service and/or Site.
Easy2Hike respects the intellectual property rights of others and expects its users to do the same. Easy2Hike will remove all infringing Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time. We reserve the right to remove any Content without prior notice to you, any other user, or any third party.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Service infringes their rights. If you believe that something appearing on the Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: email@example.com.
Disclaimers & Disclaimer of Warranty
Your use of the Service and/or Content is at your sole discretion and risk. The Service and/or Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Easy2Hike. EASY2HIKE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE AND/OR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EASY2HIKE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE AND/OR CONTENT; OR (II) THAT THE SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICE.
Content on the Service comes from a variety of sources, including [Google Maps], parks, [as well as feedback from other users of the Service]. Easy2Hike attempts to be as accurate as possible. HOWEVER, EASY2HIKE DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. EASY2HIKE IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICE, WHETHER CAUSED BY USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. EASY2HIKE CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Content information at any time without prior notice.
You understand that Easy2Hike is not responsible for the accuracy, usefulness, safety, appropriateness or intellectual property rights of or relating to any Content available on the Service. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Easy2Hike with respect to thereto. It also is possible for others to obtain personal information about you due to your use of the Service, including any Content that you may choose to make available. Anyone receiving or viewing Content may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service or through any Content. Please carefully select the type of information that you post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
It is your responsibility to check whether any park is suitable to your needs and safe, whether with respect to the terrain, the flora, the fauna or otherwise. WE DISCLAIM ALL LIABILITY FOR THE CONDITIONS OF THE PARK AND ANYTHING THAT HAPPENS IN THE PARK.
No advice or information, whether oral or written, obtained by you from Easy2Hike, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
Easy2Hike assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content. Easy2Hike is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Service and/or Site, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Easy2Hike be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any Content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline.
IN NO EVENT SHALL EASY2HIKE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT EASY2HIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL EASY2HIKE'S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO EASY2HIKE FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO EASY2HIKE FOR THE USE OF THE SERVICE, THEN EASY2HIKE SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to indemnify, defend, and hold harmless Easy2Hike and its respective employees, directors, officers, subcontractors, parks (including City of Encinitas if applicable) and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service, including, without limitation, provision of services in connection with the Service) shall be in compliance with all applicable laws, regulations and guidelines.
Content Linked to by Easy2Hike
Portions of the Service and/or Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. The Service and/or Site may also provide you with links to access the Sites of third party vendors or retailers. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, Easy2Hike cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. Easy2Hike is not responsible for content or available by means of such sites. Easy2Hike does not endorse any products or offered by third parties and we urge our users to exercise caution in using third-party sites.
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the courts in Tel Aviv/Jaffa and you irrevocably consent to their jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Easy2Hike must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Easy2Hike or authorizes you to act on behalf of Easy2Hike. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Easy2Hike and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may elect to keep archives of all or parts of the Service, but we cannot guarantee that anything available on the Service, or any records or information relating to the Service, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.