THE DONOR TRAIL APPLICATION IS POWERED BY THE DONOR TRAIL MOBILE APPLICATION AND SERVERS (COLLECTIVELY REFERRED TO AS THE “APPLICATION”). YOU (THE “USER”) ACCEPT THESE TERMS OF USE (“TERMS”). THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE APPLICATION, BETWEEN USER AND SERVICE CLUB INNOVATIONS LLC (THE “COMPANY”). BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, RECEIVING BENEFITS THEREFROM, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE ADEQUACY AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. SHOULD USER NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, USER MUST IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE. CONTINUED USE OF THE APPLICATION SIGNIFIES USER’S CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.
Only individuals twenty one (21) years of age or older may use the Application. By acceptance of these Terms as provided above, User represents and warrants to Company that User is of the requisite age.
Subject to these Terms, the Company grants the User a single, personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal, non-commercial use via a standard web browser application on any operating system (“Web Browsing Device”) owned or controlled by User as permitted by and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is expressly prohibited. These Terms and User License also govern any updates to, or supplements or replacements for, the Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Application features, such as the brewery map, “Ale Trail” purchases, feedback, account management, and interaction with social media sites, may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information), GPS location information, and information for and from third-party social-media accounts (collectively “User Information”). By acknowledging and agreeing to these Terms, or by using the Application, User consents to the transmission of User Information to the Company, including its agents and third-party contractors, and consents to the Company, including its agents and third-party contractors, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in this Agreement.
The User is, however, solely responsible for the confidentiality and security of User Information sent from or stored on the Web Browsing Device by the Application. The User is also solely responsible for all transactions and activities undertaken by anyone or anything via the Application through or under the User’s registered name, whether authorized or unauthorized. The User agrees to immediately notify the Company of any suspected unauthorized transactions associated with the Application or any other breach of security. The Company shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the Application. Users shall be solely responsible for taking precautionary steps to protect User Information stored on the Web Browsing Device, including without limitation password-protecting the Web Browsing Device and employing any remote-wipe feature.
User agrees its use of the Application shall be limited to Company’s contemplated functionality therefore. Without limiting the foregoing, User agrees not to use the Application in any way that,
1. Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
2. Is unlawful, fraudulent, or deceptive;
3. Uses technology or other means to access unauthorized content or non-public spaces;
4. Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
5. Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. Attempts to damage, disable, overburden, or impair the Company servers or networks;
7. Attempts to gain unauthorized access to a the Company computer network;
8. Attempts to gain unauthorized access to the Company user accounts or the accounts of other users of the Application;
9. Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
10. Violates these Terms in any manner; or
11. Fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
In addition to the foregoing, User may not use or otherwise export or re-export the Licensed Application except as authorized by Company and then only in accordance with United States law. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, User represents and warrants that User is not located in any such country or on any such list. User also agrees that User will not use the Application for any purposes prohibited by United States law.
If any one or more of the provisions of these Terms is or are breached by User, Company may, at its option, terminate these Terms, and the User License granted hereunder, with or without notice. In addition, either party may, at any time terminate these Terms, and the User License granted hereunder, for any or no reason whatsoever. In the event of such a termination, User shall immediately cease the use of and uninstall the Application and all User’s rights hereunder shall immediately terminate. Notwithstanding any such termination, all the provisions of this Agreement which operate to protect the rights of Company shall continue in force. Furthermore, the Company reserves the right, in its sole discretion, to remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application that the Company reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
While Company has been careful to ensure that the Content of the Application is accurate, the Company gives no warranty (express or implied) as to the accuracy, completeness or non-infringement of that Content. The Application may not be continuously available or error free.
From time-to-time, the Company may upgrade the Application. If User does not install the upgrade, some or all of the Application’s functionality may not be available to User, and the security of User’s information may be compromised.
User is solely responsible for maintaining the confidentiality of User’s password and account and for any and all statements made and acts or omissions that occur through the use of User’s password, account or both. Therefore, User must take steps to ensure that others do not gain access to User’s password and account. Company’s personnel will never ask User for User’s password. User may not transfer or share User’s account with any other party, and Company reserves the right to immediately terminate User’s account if User does transfer or share User’s account.
From time to time, the Application may include advertisements offered by third parties. User may enter into correspondence with or participate in promotions of the advertisers showing their products on the Application, including by email directly from Company to User. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, other than any initial direct email from Company, are solely between User and the advertiser. Company assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
The User may generate content, written or otherwise, while using the Application (“User-Generated Content”). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by the Company (for example, in product marketing campaigns). User grants The Company and its successors a worldwide; irrevocable; transferrable; sub-licensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Content. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.
User agrees to indemnify and hold harmless the Company, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Application, violation of these Terms, violations of any rights of a third party, any negligent, willful or criminal act or omission of User, or any allegation of any of the foregoing. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
THE COMPANY IS PROVIDING THE APPLICATION AND CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, COMPLETE, CURRENT, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE OR PERFORM ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY, WHETHER ANY CLAIM BE BASED IN CONTRACT OR TORT, IS TO CEASE USE OF THE APPLICATION. THE COMPANY, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall the Company, its agents or anyone involved in creating or providing this Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $100, whichever is less.
SERVICE CLUB INNOVATIONS, Donor Trail logo, and other Company names, trademarks, service marks, graphics and logos used in connection with the Application are and shall be the exclusive intellectual property of the Company (collectively “Company Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the exclusive intellectual property of their respective owners (collectively “Third-Party Marks”). The Company Marks and Third-Party Marks may not be copied, reproduced, imitated, duplicated, distributed, transmitted, transferred, published, stored, licensed, sold nor used, in whole or in part, without the prior written permission of the Company or the applicable trademark owner, except with respect to and in accordance with the Company’s contemplated functionality of the Application. The Application and the Content also constitute and/or contain, as applicable, intellectual property of the Company and are protected, as applicable, by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and are subject to the same foregoing restrictions as applicable to the Company Marks and Third-Party Marks. User acknowledges the Content and the Application may also have security components that protect digital information only as authorized by the Company or the owner of the Content. It is understood and agreed that, notwithstanding any other provisions of this Agreement, Company has the unequivocal right to obtain timely injunctive relief to protect the proprietary rights of Company contained in this paragraph, in addition to any and all other remedies.
Except for the User License granted herein, Company reserves all right, title and interest in the Company Marks, the Application and the Content, in all languages, formats and media throughout the world, including all copyrights. The Application architecture, including the format, layout and data structures, are proprietary, and User may not reverse engineer or otherwise attempt to discern such proprietary architecture. The Application and the Content are the exclusive property of Company.
These Terms are governed by the laws of the State of Colorado, United States of America, without regard to Colorado’s conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the state courts in Larimer County, Colorado, United States of America and the federal courts in the United States District Court for the State of Colorado, United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms.
Notwithstanding the foregoing, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall first be submitted for settlement by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration hearing shall take place in Larimer County, Colorado, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Notwithstanding the foregoing, either party may immediately bring a court proceeding seeking preliminary injunctive relief in a court having jurisdiction thereof, if such right is otherwise provided for herein, which shall remain in effect until a final award is made in the arbitration.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
The Company reserves the right to change or modify these Terms or any other Company terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the Company’s website (http://www.serviceclubinnovations.com and http://www.donortrail.com) or within this Application. Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of the Company shall have any legal effect as a waiver the Company of any of these Terms.
User agrees that the Company’s service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to these Terms and may rely upon the provisions hereof, including but not limited to, the provisions entitled Indemnification, No Warranties, and No Liability.
In the event of legal action brought by either party, the prevailing party shall be entitled to reimbursement of legal fees as set by court action.
These Terms, and any additional documents referenced herein, constitutes the entire agreement between the parties and supersedes any prior agreements.
If User has any questions regarding Company’s terms and conditions, as contained herein, or privacy practices, User can email Company at info@donortrail.com.
