Troy Trails Community Portal ― TERMS OF SERVICE

Accepting the following terms of service are required before an individual can register a membership with the website. Your use of the website, other than to read this terms of service document or the privacy policy, is considered your consent to the provisions found in this terms of service document and the website's privacy policy.


Index:

  1. Definitions
  2. Provisions
  3. Indemnity
  4. Groups
  5. Privacy
  6. Refunds
  7. Payments
  8. Severability
  9. Post Content
  10. Governing Laws
  11. Comment Rules
  12. Publishing Rules
  13. Exclusive Venues
  14. Intellectual Property
  15. Limitations of Liability
  16. Dispute Fee and Costs
  17. Third-Party Beneficiaries
  18. Revocation & Cancellations
  19. Representations & Warranties

1. Definitons

  • 1.1. "Agreement" means the most current version of this terms of use agreement, including the privacy policy, between this service and you.
  • 1.2. "Licensed Materials" means our intellectual property, including but not limited to, the website's logos, trade names, trademarks, and trade dress.
  • 1.3. "Membership" means anyone holding an account in compliance with this Agreement.
  • 1.4. "Profile" means the membership information, including but not limited to your legal name, screen-name, address, telephone, fax, and or email.
  • 1.5. "Product" means the products that the website offers.
  • 1.6. "Profile Page" means the page of the same name on the Website where an individual's membership information is shown.
  • 1.7. "Services" means each and every service within this domain name.
  • 1.8. "Website" means "TroyTrails.Community" and all other Uniform Resource Identifiers that the website uses to provide Products and Services.
  • 1.9. "Network" means all software and hardware, whether owned or leased or otherwise contracted by the Website.
  • 1.10. "Administrator," "Admin," and "Moderator" are the individuals maintaining the Website's Services.
  • 1.11. "We," "us," and "our" means "TroyTrails.Community Administration & Moderators."
  • 1.12. "You," "your," and "yourself" means any person, organization or business entity that seeks to use the website's Services.
  • 1.13. "Active" means that an individual post comments, updates information, creates mission or forum posts.

2. Provisions

  • 2.1. Please direct any questions not answered by reading this Agreement to us at info@troytrails.community
  • 2.2. You may not access the Website or utilize our Services if you are under sixteen (13) years of age or otherwise not competent to enter into a binding contract.
  • 2.3. Before you may use any of our Services, you must:
  • 2.3.1. read and agree to comply with this Agreement and
  • 2.3.2. understand and accept that this Agreement:
  • 2.3.2.1. takes effect the moment you access the Website;
  • 2.3.2.2. may only be amended or modified by the Website's Admin, unless we agree otherwise in writing with you;
  • 2.3.2.3. may be amended or modified by us at any time and all such changes shall take full effect as soon as they are posted on the Website and your continued use of our Services shall be irrefutable proof of your consent to the terms and conditions of the most current version of this Agreement;
  • 2.3.2.4. is the entire and only agreement between you and us
  • 2.3.2.5. contain all terms and conditions of your relationship with the Website and your use of our Services; and
  • 2.3.2.6. shall only terminate under the conditions provided for herein.
  • 2.4. This Agreement shall in no way create an agency, employee-employer, franchis or franchisee, joint enterprise, joint venture, or partnership relationship between you and us.
  • 2.5. Our failure to require your performance of any provision of this Agreement shall not affect our right to require subsequent performance at any time of the same provision.
  • 2.6. Should we determine, in our sole discretion, that you have violated any provisions of this Agreement or applicable laws, we may, with subsequent notice to you:
  • 2.6.1. immediately lower, suspend or cancel your account and membership;
  • 2.6.2. bring legal action to enjoin violations and/or to collect all damages caused by your violations of this Agreement.
  • 2.7. We cooperate with law enforcement and all other appropriate authorities and organizations providing the agreement are mutually beneficial.
  • 2.8. Unless otherwise provided herein, you agree that:
  • 2.8.1. all notices from us to you shall be sent to the most recent email address on file with us and will be deemed immediately delivered even if you have allowed your email address on file to no longer be valid and
  • 2.8.2. all notices from you to us shall be:
  • 2.8.2.1. sent to info@TroyTrails.community and will be considered immediately delivered.

3. Indemnity

  • 3.1. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS AGAINST ANY LIABILITIES, LOSSES, DAMAGES OR COSTS, INCLUDING ATTORNEY FEES, COLLECTION FEES AND COURT COSTS, RELATED TO ANY DEMAND OR LITIGATION IN ANY WAY RELATED TO:
  • 3.1.1. YOUR USE OF OUR SERVICES;
  • 3.1.2. BREACH OF THIS AGREEMENT;
  • 3.1.3. INACCURATE OR FRAUDULENT INFORMATION PROVIDED BY YOU OR A THIRD PARTY;
  • 3.1.4. THE CANCELLATION OR LIMITATION OF YOUR ABILITY TO USE OUR SYSTEM AND SERVICES, INCLUDING BUT NOT LIMITED TO OUR WEBSITE; OR
  • 3.1.5. INFRINGEMENT OF ANY THIRD-PARTY RIGHTS ARISING FROM YOU'RE YOUR USE OF OUR SYSTEM OR SERVICES.

4. Groups

  • Your group must remain Active, otherwise, after 7 years it will be deleted. (See 'active' definition above in section 1.12)
  • Your group will not be based on anything libelous, defamatory, harmful, threatening, harassing, abusive, invasive of another's privacy, racially or ethnically objectionable, or otherwise illegal.

5. Privacy

  • 5.1. Protecting your privacy is very important to us; so we do not sell your personal information and will only use it for obvious and legitimate purposes.
  • 5.2. You agree that we may use your personal identifying information to enforce this Agreement, and when complying with an order of competent jurisdiction.
  • 5.4. We us cookies, log files, and third parties to create a profile of our users and the information gathered is personally identifiable as belonging to you so that we can better determine what Services and System adjustments will optimize your experience at the Website.
  • 5.5. The System allows you to use and purchase our Products and Services online. PayPal or another merchant account service provider processes your payments, and we do not store your financial information at all.
  • 5.6. We may offer you opportunities to communicate with third parties. Please remember that we do not control or guarantee in any way the accuracy or safety of the content on third party websites not operated by us or even content provided by others on our Website.
  • 5.7. Any information you disclosed to third parties from our Website or other websites becomes public information, and you should exercise caution when deciding to disclose any personal information.
  • 5.8. We follow established security procedures to keep your personal information safe from unauthorized third parties.
  • 5.9. You alone are responsible for maintaining the security of your account access information—i.e., username, password and email address, etcetera.
  • 5.10. You alone are responsible for confirming the accuracy of your personal information that we use to contact you. Any email messages we receive that appear to be from the email address we have on file for you shall be deemed to have been sent by you or your duly authorized agent with full authority to act on your behalf.

6. Refunds

  • 6.1. No payments, whether purchases or donations, shall be refunded and sales are final.
  • 6.2. You shall not chargeback any payments to us, unless you have been the victim of identity theft and provide us with a valid police documentation.
  • 6.3. Except for confirmed manufacturer defects, you are responsible for all freight and shipping charges.

7. Payments

  • 7.1. You are responsible for making timely payment of all amounts you owe us when they come due.
  • 7.2. Should we charge fees, we may change Website fees at any time, and the new fees shall take immediate effect.
  • 7.3. Your obligation to make due payments survives the termination of this Agreement.

8. Severavility

  • 8.1. In the event that one or more provisions of this Agreement is deemed unenforceable or invalid, the unaffected provisions of this Agreement shall continue in effect, and the unenforceable or invalid provisions shall be amended or replaced by us with a provision that is valid and enforceable and which achieves, to the greatest extent possible, the objectives and intent of the original provisions.

9. Post Content

  • 9.1. We may review and delete any content posted on the Website or elsewhere utilizing our Services or System if we determine, in our sole discretion, that the content violates the rights of the site's share-holders, is not appropriate for the Website, or otherwise violates this Agreement.
  • 9.2. We may allow you to upload content, such as photographs, but only to your account with us.
  • 9.3. You must have intellectual rights or permission to use content, such as photographs, that you upload to the Website.

10. Governing Law

  • 10.1. This Agreement shall be governed by the laws of the United States and the laws of the State of Michigan, without regard to any conflict of laws provisions.

11. Comment Rules

  • By using TroyTrails.community, you agree to the following when making a comment:
  • You will stay on topic.
  • You will not spam. (Spam is flooding the Internet with unnecessary or out of topic comments)
  • You will not include links to websites and videos not associated with the topic.
  • You will not post the same comment multiple times on the same or different articles.
  • You will not post anything libelous, defamatory, harmful, threatening, harassing, abusive, invasive of another's privacy, racially or ethnically objectionable, or otherwise illegal.
  • You will not make threats to other users or people not associated with the site.
  • If you violate these rules, your comment(s) or username may be deleted.

12. Publishing Rules (Articles, Blogs)

  • You will stay on topic. (Post under the proper category)
  • You will post articles to the ONE category that best applies.
  • You will not spam. (Spam is flooding the Internet with many copies of the same message, in an attempt to force the message on people who would not otherwise choose to receive it.)
  • You will not include links to websites and videos not associated with the topic.
  • You will not post the same comment or article multiple times or multiple categories.
  • You will not post anything libelous, defamatory, harmful, threatening, harassing, abusive, invasive of another's privacy, racially or ethnically objectionable, or otherwise illegal.
  • You will not make threats to other users, businesses or individuals not associated with the Website.
  • If you violate these rules, your posts or your username may be deleted.
  • Remember: you are a guest here. It is not censorship if you violate the rules and your post is deleted.

13. Exclusive Venues

  • 13.1. Any actions relating to or arising out of this Agreement or any use of our Website or Services that include us as a party shall be brought exclusively in the federal and state courts for Oakland County, and you consent to the exercise of personal jurisdiction over you by these courts in all such actions.
  • 13.2. You agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of your country and Oakland County, Troy, Michigan.

14. Intellectual Property

  • 14.1. You may not copy or otherwise attempt to benefit finacially or assist others to benefit finacially, from the use of our Licensed Materials or intellectual property of third parties other than through normal use of the Website.
  • 14.2. You retain all of your rights, titles, and interests in and to the content provided by you.
  • 14.3. You hereby grant us a perpetual, worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform and reform, publicly display, distribute and otherwise use all the content that you post on the Website or otherwise through the use of our Services or Network.
  • 14.4. If you did not create or obtain a license or permission to use content on the Website, you may not use content on the Website other than through normal use of the Website, as intended by us.
  • 14.5. If you believe that your intellectual property rights have been violated, please contact us at support@troytrails.community and provide a brief but complete description of the intellectual property at issue.

15. Limitations of Liability

  • 15.1. You agree that the the Website Network will not be liable for any harm or loss that may occur in connection with:
  • 15.1.1. any act or omission by you or your agent, whether authorized or unauthorized;
  • 15.1.2. your use or inability to use our Services;
  • 15.1.3. public or private information, whether accurate or inaccurate or fraudulent, provided by you or a third party;
  • 15.1.4. access delays or access interruptions to our Services;
  • 15.1.5. the failure to deliver or erroneous delivery of information;
  • 15.1.6. any breach of contract you have with a third party, such as an employer;
  • 15.1.7. any breach of a third party's intellectual property as a result of information posted by you;
  • 15.1.8. the actions, orders and judgments of administrative, judicial and other governmental bodies.
  • 15.2. We shall not be liable to you or anyone else for delays in or failures to perform our obligations under this Agreement that directly or indirectly result from events or causes beyond our reasonable control including, but not limited to: hardware or software failures, other equipment failures, electrical power failures, labor disputers, strikes, riots, hurricanes, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or administrative bodies, or the non-performance of third parties.
  • 15.3. We shall not be liable for any direct, indirect, consequential, incidental, special or exemplary damages of any kind, including but not limited to lost: profits, goodwill, use, data or other intangibles whether in contract, tort or negligence even if you we are aware of the possibility or probability of such damages.
  • 15.4. If a competent court deems us liable to you, our maximum possible liability to you for any reason shall not exceed $200.

16. Dispute and Costs

  • 16.1. If we reasonably decide to retain an attorney or a collection agency to enforce this Agreement, the prevailing party will be entitled to an award of all reasonable fees and costs, regardless of whether a judgment is rendered or suit is ever filed.

17. Third-Party Beneficiaries

  • There shall be no third-party beneficiaries to this Agreement. All assignments are void unless consented to by us in writing.

18. Revocations & Cancellations

  • 18.1. In the event that you breach any provision of this Agreement, you agree that we may immediately terminate your use of our Services and Network.
  • 18.2. In the event such a breach occurs by you, we may post on the Website that you have violated our terms and conditions of service.
  • 18.3. In the event we determine that you have or continue to violate this Agreement:
  • 18.3.1. We reserve the right to prosecute civil and/or criminal actions against you for abusive behavior that you may engage in regarding the use of our Services and Network; and
  • 18.3.2. You will also be subject to legal fees ($200 per hour), administrative fees ($50 per hour), and technical fees ($100 per hour) in a reasonable amount for damages incurred by us for any violations of this Agreement.