1. Your relationship with ShareMyTrail
1.1 Your use of ShareMyTrail’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by ShareMyTrail under a separate written agreement) is subject to the terms of a legal agreement between you and ShareMyTrail. The ShareMyTrail network of web sites includes ShareMyClimb, ShareMyHike, and any other related URL's used to access content provided by ShareMyTrail. ShareMyTrail is a service of MiniSub, whose principal place of business is at 2911 SW Stanley Ct. Portland OR 97219.
1.2 Unless otherwise agreed in writing with ShareMyTrail, your agreement with ShareMyTrail will always include, at a minimum, the terms and conditions set out in this document. These terms form a legally binding agreement between you and ShareMyTrail in relation to your use of the Services. It is important that you take the time to read them carefully.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by ShareMyTrail in the user interface for any Service; or
(B) by actually using the Services or any data or information obtained from the Services. In this case, you understand and agree that ShareMyTrail will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with ShareMyTrail, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
3. Provision of the Services by ShareMyTrail
3.2 ShareMyTrail is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which ShareMyTrail provides may change from time to time without prior notice to you.
3.3 As part of this continuing innovation, you acknowledge and agree that ShareMyTrail may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ShareMyTrail’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform ShareMyTrail when you stop using the Services.
3.4 You acknowledge and agree that if ShareMyTrail disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
3.5 You acknowledge and agree that while ShareMyTrail may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by ShareMyTrail at any time, at ShareMyTrail’s discretion.
4. Use of the Services by you
4.1 For insectionidual users, ShareMyTrail, and the content accessed through the ShareMyTrail network, is made available for your personal, non-commercial use only. For business users, ShareMyTrail is made available for your internal use only and may not be commercially redistributed, except that data may be accessed and displayed by using the ShareMyTrail API pursuant to the API terms and conditions.
4.2 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to ShareMyTrail will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by ShareMyTrail, unless you have been specifically allowed to do so in a separate agreement with ShareMyTrail. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate agreement with ShareMyTrail, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that ShareMyTrail has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ShareMyTrail may suffer) of any such breach.
5. Appropriate Conduct and Prohibited Uses
5.1 You agree that you are responsible for your own conduct and content while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using the Services, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such content;
- upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
- download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- restrict or inhibit any other user from using and enjoying the Services;
- use the Services for any illegal or unauthorized purpose;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by ShareMyTrail;
- create user accounts by automated means or under false or fraudulent pretenses;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or insectionidual;
- publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity;
- publish people's private and confidential information, such as credit card numbers, Social Security Numbers, and driver's and other license numbers; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
5.2 International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
5.3 Please note that we reserve the right to review or reject listings with photographic imagery that violate our content policy, for example photographic imagery that contains:
- illegal content
- violations of copyright
- trademark infringement
- incitement of violence
- promotions of hate
- invasion of privacy
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to ShareMyTrail for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify ShareMyTrail immediately at 503-351-1178.
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with ShareMyTrail’s privacy policies.
8. Content in the Services
8.3 You understand that all Content are the sole responsibility of the person from which such content originated.
8.4 You should be aware that Content may be protected by intellectual property rights which are owned by the authors, sponsors, or advertisers who provide that Content to ShareMyTrail (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sublicense, sell, assign, disclose, publish, market, distribute, transfer or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by ShareMyTrail or by the owners of that Content, in a separate agreement.
8.5 ShareMyTrail reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, ShareMyTrail may provide tools to filter out explicit sexual content.). In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.6 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.7 You agree that you are solely responsible for (and that ShareMyTrail has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which ShareMyTrail may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that ShareMyTrail (or ShareMyTrail’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ShareMyTrail and that you shall not disclose such information without ShareMyTrail’s prior written consent.
9.2 The Content is provided under a nonexclusive, non-transferable license for use only by you. You may not use the content in any commercial or business environment or for any commercial or business purpose for yourself or any third parties, unless you have agreed otherwise in writing with ShareMyTrail
9.3 nothing in the Terms gives you a right to use any of ShareMyTrail’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features, unless you have agreed otherwise in writing with ShareMyTrail.
9.4 The content is copyrighted and may not be copied, even if modified or merged with other data or software.
9.5 Other than the limited license set forth in Section 10, ShareMyTrail acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with ShareMyTrail, you agree that you are responsible for protecting and enforcing those rights and that ShareMyTrail has no obligation to do so on your behalf.
9.6 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services or Content.
9.7 All content uploaded to ShareMyTrail must follow this Terms of Service and will be subject to the Digital Millennium Copyright Act (http://www.copyright.gov/onlinesp).
9.8 Unless you have been expressly authorized to do so in writing by ShareMyTrail, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License for Content you made available for inclusion on the Services
10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services ("Your Content"). ShareMyTrail does not claim ownership of Your Content. However, with respect to Your Content, you grant ShareMyTrail the following worldwide, royalty-free and non-exclusive license(s), as applicable:
(A) The license to use, distribute, reproduce, adapt, modify, translate, publish, publicly perform, and publicly display Your Content solely for:
(I) the purpose for which Your Content was submitted or made, and;
(II) providing and promoting the specific ShareMyTrail services to which Your Content was submitted or made available. This license exists only for as long as you elect to continue to include Your Content on the ShareMyTrail network and will terminate at the time you remove or ShareMyTrail removes Your Content from the Services.
(B) With respect to Your Content other than photos, graphics, audio or video, but including text, GPS routes, and other GPS files, the perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, and non-exclusive license to use, distribute, reproduce, adapt, modify, translate, publish, publicly perform, and publicly display Your Content (in whole or in part) and to incorporate Your Content into other works in any format or medium now known or later developed, on the Services.
10.2 You agree that this license includes a right for ShareMyTrail to make such Content available to other companies, organizations or insectioniduals with whom ShareMyTrail has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
10.3 You understand that ShareMyTrail, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit ShareMyTrail to take these actions.
10.4 You confirm and warrant to ShareMyTrail that you have all the rights, power and authority necessary to grant the above license.
11. License from ShareMyTrail
11.1 ShareMyTrail gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by ShareMyTrail as part of the Services as provided to you by ShareMyTrail (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ShareMyTrail, in the manner permitted by the Terms.
11.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, disassemble, translate or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ShareMyTrail, in writing.
11.3 Unless ShareMyTrail has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from ShareMyTrail. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit ShareMyTrail to deliver these to you) as part of your use of the Services.
13. Ending your relationship with ShareMyTrail
13.1 The Terms will continue to apply until terminated by either you or ShareMyTrail as set out below.
13.2 If you want to terminate your legal agreement with ShareMyTrail, you may do so by (a) notifying ShareMyTrail at any time and (b) closing your accounts for all of the Services which you use, where ShareMyTrail has made this option available to you. Your notice should be sent, in writing, to ShareMyTrail’s address which is set out at the beginning of these Terms.
13.3 ShareMyTrail may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) ShareMyTrail is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom ShareMyTrail offered the Services to you has terminated its relationship with ShareMyTrail or ceased to offer the Services to you; or
(D) ShareMyTrail is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by ShareMyTrail is, in ShareMyTrail’s opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect ShareMyTrail’s rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ShareMyTrail have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
13.6 Resumption of the use of ShareMyTrail’s Services shall reinstate the Terms in effect at the date of resumption, as provided in paragraph 2,2(B) above.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT SHAREMYTRAIL’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RESPONSIBILITY AND RISK, AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” YOU EXPRESSLY UNDERSTAND THAT OUTDOOR ACTIVITIES ARE INHERENTLY DANGEROUS, AND THAT YOU SHOULD NOT UNDERTAKE ANY ACTIVITY BASED SOLELY ON INFORMATION PROVIDED BY SHAREMYTRAIL.
14.3 IN PARTICULAR, SHAREMYTRAIL, ITS CONTENT AUTHORS, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 The Services includes Content provided made available in ShareMyTrail, but originating from third party services such as Google Maps. ShareMyTrail makes no representations or warranties regarding the accuracy or completeness of the information provided by these third parties.
14.6 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHAREMYTRAIL OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.7 SHAREMYTRAIL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHAREMYTRAIL, ITS CONTENT PROVIDERS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY PERSONAL INJURY, DEATH, LOSS OF PROPERTY, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY INJURY, LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT WHICH APPEARS ON THE SERVICES;
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH SHAREMYTRAIL MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE SHAREMYTRAIL WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON SHAREMYTRAIL’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT SHAREMYTRAIL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15.3 THE LIMITATIONS ON SHAREMYTRAIL’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY IN PERPETUITY, REGARDLESS OF THE TERMINATION OF YOUR USE OF THE SERVICE.
16. Copyright and trade mark policies
16.1 It is ShareMyTrail’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by ShareMyTrail on the Services are subject to change without specific notice to you.
17.3 In consideration for ShareMyTrail granting you access to and use of the Services, you agree that ShareMyTrail may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. ShareMyTrail may have no control over any web sites or resources which are provided by companies or persons other than ShareMyTrail.
18.2 You acknowledge and agree that ShareMyTrail is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that ShareMyTrail is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 ShareMyTrail may make changes to the Terms from time to time. When these changes are made, ShareMyTrail will make a new copy of the Terms available at sharemytrail.com /index.php/route/terms .
19.2 You understand and agree that if you use the Services after the date on which the Terms or Additional Terms have changed, ShareMyTrail will treat your use as acceptance of the updated Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or insectioniduals.
20.2 The Terms constitute the whole legal agreement between you and ShareMyTrail and govern your use of the Services (but excluding any services which ShareMyTrail may provide to you under a separate written agreement), and completely replace any prior agreements between you and ShareMyTrail in relation to the Services.
20.3 You agree that ShareMyTrail may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if ShareMyTrail does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ShareMyTrail has the benefit of under any applicable law), this will not be taken to be a formal waiver of ShareMyTrail’s rights and that those rights or remedies will still be available to ShareMyTrail.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.7 The Terms, and your relationship with ShareMyTrail under the Terms, shall be governed by the laws of the State of Oregon without regard to its conflict of laws provisions. You and ShareMyTrail agree to submit to the exclusive jurisdiction of the courts located within the county of Multnomah, Oregon to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that ShareMyTrail shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
March 22, 2011