Overland Trail Guides Terms of Use
Last Updated: July 9, 2024
These Terms of Use govern your use of any website, application, or service (collectively the “Services”) owned and operated by Lost Coast Expeditions, LLC., a California corporation with offices in Novato, CA.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY VISITING, VIEWING, OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF AND ANY ORGANIZATION YOU REPRESENT) ARE AGREEING TO THESE TERMS OF USE AND TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.
1. Modification
1.1 Modification of the Services. We reserve the right to modify the Services at any time with or without notice to you and without liability. For example, we may add, modify or remove functionality or features, access to certain content or files, and we may suspend or stop a particular feature or service offering altogether.
1.2 Modification of Terms. We also reserve the right to modify these Terms of Use at any time. When such changes are made, we will make a copy of the new Terms of Use available to you on our website. By continuing to use or log in to the Services after these Terms of Use have changed, you indicate your agreement to the revised Terms of Use. If you do not agree to our changes, you can stop using the Services at any time.
2. Accounts & Subscriptions; Payments
2.1 Registration. If you register to use the Services or download one of our applications, we may require you to create an account password in order to make purchases, subscribe to our services, access/download digital files, or use certain features on the Services. You must be at least 18 years or older to independently register as a user and create an account. If you are between the ages of 13-18, you may use some Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data (as that term is defined in our PRIVACY POLICY) to Overland Trail Guides, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).
To create an account, you must provide truthful and accurate information. Do not impersonate anyone else when you create your account. If your registration information changes at any time, you agree to update your account to reflect those changes.
2.2 Account Security. You may not share your account with anyone else. Please keep your account password confidential, and try not to use the same password on other websites. You are solely responsible for all activities, including payments, that occur using your account. If you believe that your account has been compromised at any time, please file a support ticket. You are responsible for maintaining the confidentiality of all actions that take place within your account. We are not responsible for any loss that results from any unauthorized use of your username and password.
2.3 Proprietary Content. As a subscriber to Overland Trail Guides, you gain access to dozens of our overland routes via digital mapping files (GPX, KMZ, KML, etc). You may not share or post our digital mapping files in online communities that are public or private. You may not share our digital mapping files to other individuals or groups via other methods that enable digital file sharing such as cloud storage services, email, FTP, or any other service, platform, or medium that enables file sharing.
2.4 Account Monitoring and Suspension. We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or related to the Services. We may also deactivate, terminate or suspend your account or access to certain Services at any time for reasons including, but not limited to, the following: (1) a violation of these Terms of Use; (2) if we determine, in our sole discretion, that you have created a risk or possible legal exposure for Overland Trail Guides or any third party; (3) upon any discontinuation of material modification to our Services; (4) unexpected technical security issues or problems; (5) deletion of your information, files and Content associated with your account in association with a request by you; (6) nonpayment of any fees owed by you in connection with the Services; or (7) extended periods of inactivity. Any termination or suspension of your account shall be at Overland Trail Guides’s sole discretion and Overland Trail Guides shall not be liable to you or any third party for any suspension or termination of your account or access to the Services.
2.4 Subscriptions, Memberships and Paid Services. As a registered user, you may subscribe to certain premium, paid services, or memberships available via the Services (collectively “Subscriptions”). A Subscription will enable you to access certain additional features and content when available. Your use of premium content and features as a paid subscriber is subject to these Terms of Use, including Section 3 (Limitations on Use of the Services).
2.5 Pricing.
Subscribers agree to pay the fees listed on the subscription sign up page for the subscription term listed on that page.
By signing up for and using a Subscription, you agree to waive your 14-day right of withdrawal at the moment you subscribe, to the maximum extent permitted by applicable law, in exchange for immediate access.
Subscription payments, including subscription renewals are non-refundable except at our sole discretion and in accordance with the rules governing each Subscription.
​
2.6 Notice of Auto Renewal; Effect of Cancellation.
To provide continuous service to paid subscribers who purchase a Subscription, unless otherwise stated, we automatically renew your Subscription at Overland Trail Guides’ then-current Subscription fee for such Subscription. The renewal term is usually the same duration as the original Subscription term (for example, a one-year Subscription will renew on an annual basis).
BY MAKING A SUBSCRIPTION PURCHASE ON THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE-DESCRIBED AUTOMATIC RENEWALS AND THAT WE (OR OUR PAYMENT PROCESSOR, AS APPLICABLE) ARE AUTHORIZED TO CHARGE YOU FOR YOUR SUBSCRIPTION FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES. AT ANY TIME, IF YOU DO NOT WISH YOUR ACCOUNT TO RENEW AUTOMATICALLY OR IF YOU WISH TO CANCEL YOUR SUBSCRIPTION, YOU CAN: (A) NAVIGATE TO YOUR SUBSCRIPTION SETTINGS UNDER YOUR ACCOUNT PAGE; (B) EMAIL info@overlandtrailguides.com .
Cancellations are effective as of the following billing cycle. In order to avoid future charges, you must cancel your Subscription prior to the end of your then-current Subscription term. EXCEPT AS OTHERWISE STATED IN THESE TERMS OF USE OR AS REQUIRED BY APPLICABLE LAW, SUBSCRIPTION FEES ARE NONREFUNDABLE. You will not receive a refund for the current billing cycle and will continue to have the same access and benefits for the remainder of the current Subscription term. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
Please note that your paid Subscription may be interrupted as a result of a canceled or expired payment card or other payment method. It is your responsibility to keep your payment card or payment method details up to date to continue accessing the Services. If a payment is not successfully settled and you do not edit your Payment Method information or cancel your Subscription, you acknowledge that you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated.
2.7 Free Trials and Other Promotions and Discounts.
We may occasionally offer promotions and discounts (collectively, a “Promotional Offer”). Such Promotional Offer will last for the period of time specified upon redemption. The specific terms of each Promotional Offer are stated at the time the Promotional Offer is communicated. Each Promotional Offer may be different. Promotional Offers cannot be combined with other offers or promotions, or exchanged, refunded, or redeemed for cash. The terms and conditions of a specific Promotional Offer may include additional restrictions on its use. Promotional Offer eligibility is determined at the time of the order. Active accounts are not eligible for Promotional Offer redemptions.
You are required to provide your payment details when you sign up for a Promotional Offer. Where applicable, to redeem a Promotional Offer, enter the applicable code before you make your payment. It is your responsibility to use a Promotional Offer before it expires. Promotional Offers may not be applied retroactively.
If you begin your Subscription with a Promotional Offer, unless otherwise set forth in the Promotional Offer, we will begin billing your Payment Method (as defined below) for the applicable subscription fees at the end of the Promotional Offer period unless you cancel your Subscription prior to the end of the Promotional Offer period in accordance with Section 3.6. Where required by law, we will notify you in advance that the Promotional Offer is about to end.
2.8 Payments.
All payments related to your Subscription or other purchases made from your registration account must be made from a payment method on which you are the named account holder (the “Payment Method”). Unless otherwise stated, all fees due for the Subscription(s) are payable in advance, and will be billed automatically to the Payment Method. You must provide accurate and complete information in connection with such payment processing. You agree that we will not be liable for any loss caused by any unauthorized use of your payment card or any other method of payment by a third party in connection with the Services. Any attempt to defraud the Company through the use of payment cards or other payment methods will result in immediate termination of your account and civil and/or criminal prosecution. In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your account. We are entitled to inform relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.
2.9 Payment and Financial Transaction Processing.
We may use third party electronic payment processors and/or financial institutions (“Payment Processors”) to process financial transactions. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle such transactions and you irrevocably agree that we may give such instructions on your behalf in accordance with your requests as submitted on the Services. You agree to be bound by the terms and conditions of each applicable Payment Processor. In the event of conflict between these Terms of Use and the Payment Processor terms and conditions, these Terms of Use shall govern.
2.10 Fee Changes.
The Company reserves the right to increase Subscription fees or to institute new fees at any time with reasonable advance notice. If you do not wish to pay the new prices, you can cancel your Subscription prior to the change becoming effective.
2.11 Restrictions on Purchases.
We may offer opportunities to purchase products via the Services. Certain products may have limited quantities. We reserve the right to refuse any order you place, limit quantities purchased per person, per household, or per order, or cancel orders that you place. In the event that we make a change to or cancel your order, we may attempt to contact you using the contact information you provided when you placed your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, distributors, dealers or other commercial entities.
​
3. Limitations on Use of the Service
3.1 Use Restrictions.
The Services are available for your personal, noncommercial use. Noncommercial use does not include the use of the Services without prior written consent from Overland Trail Guides in connection with the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system. Please do not use the Services in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with the Services or any features on the Services (including any technological measures we employ to enforce these Terms of Use). Please do not attempt to gain unauthorized access to the Services or its associated computer systems or networks. If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your account and access to the Services (with or without refunding any payments you have made for premium access to the Services at our discretion), prohibit you from using the Services, and take appropriate legal action. Using the Services or purchasing a Subscription does not give you ownership of any intellectual property rights to the content that you access. You may not use content from the Services unless you obtain prior written permission from us, or unless you are otherwise permitted to do so by law. When you use the Services, you agree to comply with all laws applicable to you.
3.2 Interactions on the Services.
The Services may function as a venue to connect subscribers or members and may allow sharing of information in certain ways, including features such as liking, commenting, and sharing. The Company is a neutral facilitator with no direct involvement in interactions on the Services or control over the truth, accuracy, quality, legality, or safety of posts made by users. As a user of the Services, exercise common sense and good judgment and refer to the Company for investigation of any use that is not in compliance with these Terms of Use.
4. Release & Indemnification
4.1 Disclaimer.
To the full extent permitted by applicable law, by attending this event you and anyone in your vehicle agree not to hold Lost Coast Expeditions LLC (dba Overland Trail Guides) responsible for anything that happens related to transactions with third parties, member interactions, or in connection with Overland Trail Guide (OTG) Members, or OTG events. You also agree not to hold organizers responsible for their negligence in connection with their Content, or events.
To the full extent permitted by applicable law, you agree to release us (Lost Coast Expeditions LLC), affiliates, subsidiaries, sponsors, and other third-party partners from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with any OTG event. You also agree, to the full extent permitted by applicable law, to release organizers from Claims based on an organizer’s negligence arising out of or in any way connected with their Content, an OTG member, or OTG event. The law in some countries and states do not allow the release, so these limits may not apply to you. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.
You acknowledge that some OTG events carry inherent dangers, such as the risk of illness, bodily injury, disability, death, and including damage to your vehicle. By participating in these events, you understand and agree that you have freely chosen to assume these risks.
​
4.2 INDEMNIFICATION
Summary: To the full extent permitted by applicable law, you agree to reimburse us if we get sued in connection with your use of our Platform.
You agree to indemnify, defend and hold harmless Lost Coast Expeditions LLC (dba Overland Trail Guides), its parent company, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns (“Overland Trail Guides Parties”) from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys’ fees, arising from (i) your use of the Service, including, but not limited to, all content therein and any products or services obtained by you through the Service, (ii) the violation of these Terms of Service by you, (iii) the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law or regulation (all of the foregoing, “Claims and Losses”). You agree to cooperate as required by Overland Trail Guides Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Overland Trail Guides Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses, and reserve the right to assume the defense and control of any Claims and Losses.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Lost Coast Expeditions LLC (dba Overland Trail Guides_ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE. OVERLAND BOUND MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. OVERLAND BOUND MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT OVERLAND BOUND DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO OVERLAND BOUND FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. OVERLAND BOUND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE SERVICE.