TrailQwest Terms of Use
Updated: February 16, 2025
1. Acceptance of These Terms of Use
TrailQwest Inc. (“TrailQwest,” “we,” “us,” or “our”) provides and makes available its website (https://www.trailqwest.com) and mobile application (collectively, the “Services”). These Terms of Use (“Terms”) apply to all visitors and users (“you” or “User”) of the Services. By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not access or use the Services.
We reserve the right, at our sole discretion, to modify these Terms at any time. Any changes will be posted on this page with an updated revision date. Your continued use of the Services after such changes become effective constitutes your acceptance of the revised Terms.
2. Your Privacy
Your use of the Services is also governed by our Privacy Policy, which can be found at www.trailqwest.com/privacy-policy. By using the Services, you consent to our collection, use, and disclosure of your information as described therein.
3. Additional Terms
Certain features of the Services may be subject to additional terms and conditions, which are incorporated by reference into these Terms.
4. Access and Use of the Services
TrailQwest strives to provide accurate, up-to-date information about BC trails and outdoor experiences. However, we do not warrant that all content is error-free, complete, or current. The Services are intended for your personal, non-commercial use only.
5. Modifications to the Services
TrailQwest reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any portion thereof) with or without notice. You agree that TrailQwest shall not be liable for any such modification, suspension, or discontinuance.
6. Conditions of Access and Use
User Conduct: You agree not to use the Services to:
- Disrupt or interfere with the operation of the Services or the networks connected to them;
- Violate any applicable local, provincial, federal, or international law;
- Impersonate any person or misrepresent your affiliation with any person or entity;
- Harvest or collect other users’ contact information for unsolicited communications;
- Engage in any harmful, fraudulent, or illegal activity;
- Attempt to access or obtain any content not intentionally made available through the Services;
- Circumvent, remove, or alter any security or content protection measures on the Services.
Competitors: Users affiliated with competing organizations must not use the Services in a manner that could provide a competitive advantage without our prior written consent.
Commercial Use: The Services are provided solely for personal use. You may not use any content or features for commercial purposes without our express written permission.
7. Mobile Services
Our Services are accessible via mobile devices. Standard data charges may apply. Certain features may be restricted or may not function on all devices or carriers.
8. Ownership and Restrictions
All technology, software, and content provided through the Services (collectively, “Software”) are the property of TrailQwest or its licensors. You agree not to copy, modify, reverse engineer, or otherwise exploit any portion of the Software. All rights not expressly granted are reserved by TrailQwest.
9. International Use; Export Controls
TrailQwest is headquartered in Richmond, BC, Canada. By using the Services, you are responsible for ensuring compliance with the laws of your jurisdiction. The Software and any related data may be subject to Canadian export controls and regulations. Downloading or accessing the Software in violation of such laws is prohibited.
10. Intellectual Property Rights
The Services may contain content, graphics, logos, and other materials protected by copyright, trademark, or other proprietary rights (“Site Content”). Except as expressly authorized by TrailQwest, you agree not to modify, reproduce, distribute, or create derivative works from any Site Content.
11. Third-Party Material
The Services may include content or links to third-party websites or services. TrailQwest is not responsible for, and does not endorse, any third-party material. Use of any third-party content is subject to the terms and privacy policies of those third parties.
12. Usage Data and Submissions
You authorize TrailQwest to collect statistical and usage data regarding your use of the Services (“Usage Data”). Any feedback or submissions you provide become non-confidential and may be used by TrailQwest without any obligation to you.
13. Third-Party Services and Websites
The Services may provide links to third-party websites, tools, or resources (“Third-Party Services”). Your use of these Third-Party Services is governed by their respective terms. TrailQwest is not responsible for the content, privacy policies, or practices of any third-party services.
14. Indemnification
You agree to defend, indemnify, and hold harmless TrailQwest, its affiliates, officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Services or violation of these Terms.
15. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TRAILQWEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAILQWEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT (IF ANY) YOU HAVE PAID US IN THE LAST SIX MONTHS.
17. General
These Terms constitute the entire agreement between you and TrailQwest regarding your use of the Services and supersede any prior agreements. These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved in the appropriate courts located in British Columbia. If any provision is deemed invalid or unenforceable, the remaining provisions will remain in effect.
TrailQwest may assign these Terms without your consent, but you may not assign them without our prior written permission.
18. Notices
Any notices or communications regarding these Terms may be sent via email or through postings on the Services. By using the Services, you agree to receive such notices.
19. Changes to These Terms of Use
TrailQwest reserves the right to modify these Terms at any time. If we make material changes, we will update the revision date and post the revised Terms on the Services. Your continued use of the Services after such changes are posted constitutes your acceptance of the new Terms.
20. Contact Us
