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Terms and Conditions

Legal Information

GENERAL

Agreement: Switchback Trails LLC ("Switchback Trails," "SBT," or "we") provides - both on this website and otherwise - public content ("Public Content") and private content for subscribers or clients only ("Subscriber Content" and together with the Public Content, the "Content"). These Terms of Use (these "Terms" or this "Agreement") govern your use of this website and any Content.

Modification: Switchback Trails reserves the right to change or modify all or part of this agreement at any time, effective immediately upon publication on this site.

Acceptance: Your use of this website and any Content constitutes your binding acceptance of these terms and conditions, including any published changes or modifications made by Switchback Trails. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease use of the website. Some of our services may have additional terms of use. Any such terms will be displayed in connection with the applicable services and are incorporated into these terms by reference.

USE

Copyright: The Content is the property of Switchback Trails or its licensors, and is protected by copyright and other intellectual property laws. Any print-outs using or referencing Content will contain the following copyright notice: "Copyright � 2008 Switchback Trails LLC" along with the Switchback Trails logo that appears above.

Restrictions: You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate Content to anyone without the express prior written consent of Switchback Trails. You may use Content but copying and distributing Content to third parties from the Service is forbidden. You are prohibited from using or permitting the use of the Content:

To prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party;

For the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published or furnished in any manner to a third party; or

SUBSCRIPTIONS

Limited License: Subscribers are granted a non-exclusive, non-concurrent, non-transferable, limited license to access the Subscriber Content. The Subscriber Content is available only for the designated user identified in an order and may not be shared with other non-designated persons or entities. The user is responsible for the confidentiality and use of the user's name and personal password. The user's responsibility extends to all activity and use under the user name and password.

Reasonable Usage: Subscribers are limited to reasonable usage. This reasonable usage restriction is intended to protect Switchback Trails intellectual property, not to restrict legitimate use of our website.

Agreement: By clicking the "Subscribe" button, customers indicate they have:

Read Switchback Trails Terms of Use; and

Agreed to these Terms of Use.

Switchback Trails does not provide any services for customers who do not agree to its Terms of Use.

DISCLAIMER

Content that Switchback Trails creates and gathers from other sources is believed to be reliable, but in any case Switchback Trails does not warrant or guarantee the timeliness, sequence, accuracy or completeness of the information presented by this service. There are no warranties, express or implied, as to the results to be obtained from use of such information. All Content is provided "as is" without warranties of any kind. Content may change without notice. Content does not constitute investment or legal advice. Neither Switchback Trails nor its suppliers will be liable for:

Any loss of business, profits or goodwill, loss of use or data, interruption of business or for any indirect, special, incidental or consequential damages of any character, (however arising, including negligence) arising out of or in connection with this Agreement even if Switchback Trails or its supplier is aware of the possibility of such damages;

Any damages that result in any way from your use or inability to use Switchback Trails services, or that result from errors or code (including viruses, Trojan horses or other similar code), defects, omissions, delays in operation or transmission, or any other failure of performance of Switchback Trails.

Our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us in the 6 months prior to the action giving rise to liability, or (b) $0.00.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages. In such states, Switchback Trails's liability will be limited to the greatest extent permitted by law.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless, Switchback Trails, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorney's fees, arising from your use of this website. Switchback Trails reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Switchback Trails's defense of such claim.

LINKS TO THIRD PARTY SITES

Switchback Trails is not responsible for the information contained on any sites linked to this site. These links are provided solely as an information service.

TERMINATION OF SERVICE

Switchback Trails reserves the right, in its sole discretion, to restrict, suspend or terminate your access to this website at any time for any reason without prior notice or liability. Switchback Trails may change, suspend, or discontinue any Content without prior notice or liability. Switchback Trails reserves the right to refuse service to anyone.

MISCELLANY

Third Party Services: Switchback Trails services rely in part on the proper functioning and interaction of third party websites, services and software with Switchback Trails website and software. Failure of, or changes to, or misconduct by such third parties or their websites, services or software may affect our provision of services. Switchback Trails is not liable for any third party actions or omissions.

Notices: Except as explicitly stated otherwise, any notices will be given by email to Contact@GpsTrailSource.com (in the case of Switchback Trails) or to the email address you provide to Switchback Trails during the registration process (in your case), or such other address as the party will specify.

Waivers: A party's failure to enforce any provision of this Agreement will not be a waiver of the provision or the right to enforce it at a later time.

Entire Agreement: This Agreement sets forth the entire understanding and agreement between us. For example, without limitation, any comments or terms you attempt to add as part of a purchase or other order confirmation, or any terms outside of those stated by Switchback Trails will not be binding on Switchback Trails. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein.

Severability: If any provision of this Agreement is held void or unenforceable, that determination will not affect:

The provision's application in other circumstances;

Other provisions in this Agreement; or

This Agreement's validity or enforceability as a whole.

Headings: The use of headings is for convenience and will not affect the interpretation of this Agreement.