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Terms of Use

1. Third Party Sites
   This site contains links to third party web sites. Vista Software LLC has no responsibility for the availability, content nor terms of use of such sites. The terms of use of those web sites, and not the Terms of Use of 4x4TrailInfo.com, govern your use of those sites or services.
2. License to Use Site
   Vista Software LLC hereby grants You a non-exclusive, non-transferable, revocable license to view and use the Site in accordance with these Terms of Use and any guidelines or policies posted on the Site. Vista Software LLC reserves the right to suspend or revoke, in its sole discretion, the license hereunder and to prevent You from accessing all or any portion of the Site with or without notice or reason and without liability on the part of Vista Software LLC.
   Vista Software LLC may change, suspend, or discontinue any portion of the Site, or any service offered on the Site, at any time, including but not limited to any feature, database, application, or content. Vista Software LLC may also impose limits on certain features offered on the Site with or without notice.
   The Site and all content available on the Site are protected by applicable intellectual property laws, and are for personal and noncommercial use. All rights not expressly granted in these Terms of Use are reserved by Vista Software LLC or by the respective owners of the intellectual property rights. All materials available on or through the Site, other than User Submitted Content (collectively, the "Site Materials") are the property of Vista Software LLC or of its licensors and are protected by copyright, trademark, and other intellectual property laws. Vista Software LLC reserves the right to impose additional terms and conditions upon Your use and viewing of particular Site Materials, and any such terms and conditions may be posted on the Site in connection with those Site Materials. You may not reproduce or retransmit the Site Materials, in whole or in part, in any manner, without the prior written consent of the owner of such materials, except as follows: You may make a single copy of the Site Materials solely for Your personal, noncommercial use, but such copying must be consistent with any applicable additional terms and conditions and You must preserve any copyright, trademark, or other notices contained in or associated with such Site Materials. You may not distribute such copies to others, whether or not in electronic form and whether or not for a charge or other consideration, without prior written consent of the owner of such materials. If you have any questions, contact us at usage@VistaSoftwareLLC.com.
   Subscription portions (if any) of the Site may contain additional terms and conditions applicable to use of that portion of the Site, including without limitation password usage and protection rules. If You subscribe to any service at this Site, You will be asked to agree to those terms and conditions as part of the subscription transaction, and those terms and conditions will be deemed incorporated into these Terms of Use by this reference.
3. User Submitted Content
   This site provides many opportunities for its users to submit content to the site.
   By posting, uploading, or otherwise submitting content for use on or through this site, the submitter grants Vista Software LLC a perpetual, irrevokable, worldwide, nonexclusive, royalty free, transferable, fully sublicensable license to use the content (in whole or in part) in any way we so choose, including, but not limited to distributing, reproducing, adapting, modifying, publishing, publicly displaying, publicly performing, or incorporating such content into other works in any medium or format now known or later developed.
   User Submitted Content is solely the responsibility of the submitter. Vista Software LLC does not endorse or guarantee the accuracy or timeliness of any User Submitted Content. Given the potential volume of such submissions, it may not be possible to review every submission in a timely manner. However, we will promptly remove such submissions if we receive notice providing compelling evidence that it violates these Terms of Use. It is the policy of Vista Software LLC, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who knowingly or repeatedly violate these Terms of Use.
4. User Conduct
   You agree not to use the site or any of its services to:

   1. Submit any content that is harmful, threatening, abusive, harassing, defamatory, slanderous, libelous, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable to any other person or entity.
   2. Impersonate any person or entity, or falsely state or otherwise misrepresent your relationship to any person or entity.
   3. Submit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationship.
   4. Submit any content that infringes any copyright or other intellectual property rights of any party.
   5. Submit any content that violates the privacy or publicity rights of any party.
   6. Submit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
   7. Submit any content containing material intended to harm the operation of the Site or the operation of the hardware or software of any user of this site.
   8. Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
   9. Interfere with or disrupt the Site, servers or networks connected to the Site, or fail to comply with any requirements, procedures, policies or regulations of networks connected to the Site.
   10. Violate any applicable local, state, national or international law.
   11. "Stalk," harass, or otherwise harm another Site user.
   12. Collect or store personal data about other Site users.
   13. Promote or provide instructional information about illegal activities.
   14. Promote physical harm or injury against any group or individual.
5. Access and Interference
   Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Vista Software LLC by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; or (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or other measures we may use to prevent or restrict access to the Site.
6. Indemnity
   You agree to indemnify and hold Vista Software LLC, its officers, employees and agents harmless against any and all losses, claims, damages, and expenses (including reasonable attorneys’ fees) that Vista Software LLC may incur in connection with: (a) Your breach of any of these Terms of Use; or (b) Your use of the Site.
7. NO WARRANTIES
   Neither Vista Software LLC, nor any successor, predecessor, agent, officer, or employee of Vista Software LLC, warrants the accuracy, reliability, or timeliness of any information or downloads published to or otherwise accessible via the Site ("Site Information"). Vista Software LLC will not be liable for any damage or loss caused by Your reliance on the accuracy, reliability, or timeliness of Site Information. Because of the number of possible sources of information available through the Site, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, or inaccuracies in the Site Information. The Site Information may include facts, views, opinions, and recommendations of individuals and organizations. Vista Software LLC does not endorse, assert, or guarantee the truthfulness or reliability of any such facts, views, opinions, or recommendations, nor any statements made by persons other than authorized Vista Software LLC spokespersons. The Site also contain links to third party sites. Vista Software LLC is not responsible for the content of such sites and does not warrant the accuracy, reliability, or timeliness of any information or downloads posted on or obtained from such sites. You rely on the Site Information, as well as information found on third party sites linked to the Site, at Your own risk.
   THE SITE, INCLUDING WITHOUT LIMITATION THE SITE INFORMATION AND ALL OTHER CONTENT PROVIDED ON THE SITE, ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", AND YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF THE SITE, THE SITE INFORMATION AND THE RESULTS AND PERFORMANCE OF THE SITE. VISTA SOFTWARE LLC HEREBY DISCLAIMS ALL WARRANTIES, DUTIES OR CONDITIONS (IF ANY), WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE OR ANY CONTENT PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. VISTA SOFTWARE LLC GIVES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, AGAINST INFRINGEMENT, OR AS TO TITLE, OR THAT INFORMATION PROVIDED ON THE SITE, THE SITE ITSELF, OR VISTA SOFTWARE LLC’S EFFORTS, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. FURTHERMORE, VISTA SOFTWARE LLC GIVES NO WARRANTIES AS TO THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; FUNCTIONALITY; TIMELINESS OF SERVICES; ACCURACY OR CURRENCY OF CONTENT; LACK OF VIRUSES; OR ANY OTHER WARRANTY.
8. LIMITATION OF DAMAGES
   TO THE FULLEST EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT VISTA SOFTWARE LLC, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, DIRECT, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITE OR THE SITE INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THESE TERMS OF USE, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE. THIS LIMITATION AND EXCLUSION OF DAMAGES INCLUDES BUT IS NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN THE EVENT OF THE FAULT OF VISTA SOFTWARE LLC, OF TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY.
   SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT LEGALLY VALID, VISTA SOFTWARE LLC, ITS OFFICERS, EMPLOYEES AND AGENTS' LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE (INCLUDING ANY TERMS AND CONDITIONS REFERENCED IN THESE TERMS OF USE) INCLUDING FOR ANY DIRECT DAMAGES ARISING FROM YOUR RELIANCE ON SITE INFORMATION, WILL BE LIMITED TO U.S.$10.00 OR THE AMOUNT OF DIRECT DAMAGES INCURRED BY YOU IN RELIANCE ON THIS SITE OR ON SITE INFORMATION, WHICHEVER IS LESS. YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE VISTA SOFTWARE LLC, ITS OFFICERS, EMPLOYEES AND AGENTS FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.
9. Changes to these Terms of Use
   Vista Software LLC may modify these Terms of Use at any time, without notice to you. Any modifications to these Terms of Use become effective immediately upon being posted to this site. Your continued use of the site or services indicates your acceptance of any such modifications. You can view the latest version of these Terms of Use at any time at http://4x4TrailInfo.com/TermsOfUse.php.
10. General Legal Terms
    If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the remaining provisions of the Terms of Use will remain in full force and effect, and the allocation of risk described herein will be given effect to the fullest extent possible.
    Vista Software LLC’s failure to act with respect to a breach by You or others does not constitute a waiver of Vista Software LLC’s right to enforce its rights with respect to subsequent or similar breaches.
    These Terms of Use, along with any Site guidelines or policies posted on the Site or otherwise provided to You by Vista Software LLC, constitutes the entire agreement between You and Vista Software LLC with regard to Your use of the Site.
    These Terms of Use are governed by the laws of the state of Washington. You consent to jurisdiction of and venue in the courts in Spokane County Washington in all disputes arising out of or in connection with these Terms of Use.
    Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.
    Vista Software LLC’s performance under these Terms of Use is subject to all applicable laws and regulations, and You agree that Vista Software LLC may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of these Terms of Use.
    In any formal action or suit to enforce any right or remedy under these Terms of Use or to interpret any provision of these Terms of Use, Vista Software LLC will be entitled to recover its costs, including reasonable attorneys’ fees.

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