Terms & Privacy
Last Updated June 26, 2016
Welcome to TRAIL.
The policies between the web and mobile applications may also differ due to how a mobile application interacts with your mobile device.
1. DESCRIPTION OF THE SITE.
General Description. The site is a commercial website that presents content and information to the TRAIL community.
Ages 13 and Over Only. The site is intended for those ages 13 and over. If you are under 13 years of age, then please do not use the TRAIL website as there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
Right to Modify Site. TRAIL reserves the right to immediately change, suspend, remove or discontinue any part of the site or any content (whether submitted by TRAIL or by a member) for any reason, without prior notice or liability.
2. USER CONDUCT.
Conditions of Use. As a condition of use, you agree to all of the following:
- You acknowledge that the site is for personal use only. You agree that you will not use the site for any commercial purposes.
- You are responsible for all activity that occurs under your name, profiles and other online identities.
- You are solely responsible for your conduct and any Content (defined below) that you submit, post, and display on the site, or that you allow others to submit, post and/or display on the site under your name, profiles and other online identities.
- You must not harass, threaten, impersonate or intimidate other TRAIL users.
- You must not upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable.
- You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links” or any other form of solicitation.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not violate any local laws in your jurisdiction (including, but not limited to, intellectual property laws).
- You must not use the site for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your jurisdiction regarding online conduct and acceptable content.
- You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant TRAIL all of the license grants granted herein.
You agree that you shall be solely responsible for your own content and the consequences of posting it.
TRAIL reserves the right, in its sole and absolute discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend or terminate your access to all or any part of TRAIL at any time, for any or no reason, without prior notice or warning, and without liability.
3. SUSPENSION OR TERMINATION OF USE.
We May Discontinue or Suspend Our Site or Terminate Your Use. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that TRAIL shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that TRAIL, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
4. COPYRIGHT POLICY.
We Have All Rights In Our Site and Content. You Grant Us Certain Rights When You Submit Content to Us.
TRAIL respects the intellectual property rights of others, and TRAIL asks that our website visitors and users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. TRAIL also disables and/or terminates the use of those who TRAIL believes in good faith are repeatedly infringing copyrighted works.
Understand that the content on TRAIL provided by TRAIL has been licensed from the appropriate rights holders. Taking or appropriating this content may subject users to legal action by these rights holders.
(a) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications in the form submitted to store such content, and to distribute such content and use such content for promotional and marketing purposes.
(c) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this Section and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use.”
(d) We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
(e) DMCA notices and other communications regarding intellectual property violations and questions may be sent to:
101 Townsend Street, Suite 312,San Francisco, CA 94107
5. THIRD PARTY CONTENT.
TRAIL does not hold any legal rights of ownership of copied content (if any) posted by third parties.
(a) If any articles, blogs, comments or images appear on TRAIL that are in violation of copyright laws, please email TRAIL at firstname.lastname@example.org and we will remove the offending information.
(b) We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers, authors) are theirs alone, not opinions of TRAIL. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, TRAIL is not undertaking any obligation or liability relating to the content. TRAIL and its affiliates do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. TRAIL and its affiliates and employees assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Notwithstanding the foregoing, TRAIL reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
(c) We are Not Responsible for Linked Sites. We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
7. DISCLAIMER OF WARRANTY.
Your Use of Our Site is Subject to Certain Disclaimers. OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
8. DISCLAIMER OF CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL TRAIL, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON TRAIL MAY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE TRAIL AND TRAIL CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRAIL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. TRAIL LIABILITY FOR USER CONTENT AND INTERACTIONS THROUGHOUT THE WEBSITE.
TRAIL may take any action with respect to user content that it deems necessary or appropriate in its sole discretion if it believes that such user content could create liability for TRAIL, damage TRAIL’s brand or public image or cause TRAIL to lose (in whole or in part) the services of its ISPs or other suppliers.
While TRAIL reserves the right in its sole discretion to remove user content and other material from TRAIL from time to time, TRAIL does not assume any obligation to do so and disclaims any liability for failing to take any such action.
TRAIL is not involved in the actual communications between TRAIL users. As a result, TRAIL has no control over the accuracy, reliability, completeness or timeliness of user content submitted on TRAIL and makes no representations about any user content on TRAIL.
In addition, note that there are risks, including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom users come in contact through TRAIL. By its very nature, other people’s information may be offensive, harmful or inaccurate, and, in some cases, will be mislabeled or deceptively labeled.
We expect that you will use caution and common sense when using TRAIL.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
TRAIL may contain inaccuracies or typographical errors. TRAIL makes no representations about the accuracy, reliability, completeness or timeliness of any TRAIL content. The use of all TRAIL content is at your own risk. Changes are periodically made to TRAIL and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on TRAIL.
TRAIL cannot guarantee and does not promise any specific results from use of TRAIL. No advice or information, whether oral or written, obtained by a user from TRAIL shall create any warranty not expressly stated herein.
10. LIMITATION OF LIABILITY.
TRAIL’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH TRAIL OR YOUR USE OF TRAIL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
We May be Legally Compelled to Disclose Certain Information. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, name, IP location or other information in response thereto.
Trademarks. TRAIL, the TRAIL logo and other TRAIL logos and names are the intellectual property of TRAIL, including, but not limited to, that of JobScout and HealthScout. You agree not to display or use this intellectual property in any manner without TRAIL’s prior, written consent.
Last Updated June 26, 2016
Online Privacy Standards. While there are no official standards governing privacy practices on the Internet, TRAIL follows the principles supported by the Federal Trade Commission’s Fair Information Practices Principles, currently available here.
What This Policy Covers. This policy covers TRAIL’s treatment of personally identifiable information that we obtain when you visit our website at TRAIL. TRAIL regards personally identifiable information as information that someone can use to identify or contact you in person.
1. Information You Provide.
Access To Your Personal Information. In general, TRAIL makes it easy for you to view the personally identifiable information TRAIL may collect from you, where you can add, edit or delete it as you see fit.
2. Information We Do Not Collect.
224 Townsend Street
San Francisco, CA 94107
3. Information We Track.
Log Files. Similar to many websites, TRAIL gathers certain anonymous, non-personal information automatically and store it in web server log files. This information includes Internet protocol addresses, browser type, Internet service provider (ISP), site entry/exit pages, operating system, date/time stamp and clickstream data. TRAIL uses this information to improve our site, analyze trends, administer the site, track users’ movements around the site and gather aggregate information about our user base as a whole. Aggregate information is data TRAIL collects about a group or category of services or users from which individual member identities have been removed, and therefore does not include your personally identifiable information.
Cookies. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. It can also help us understand how TRAIL site visitors click to our site, and what pages they view during their visit. Similar to many websites, TRAIL stores an encrypted cookie on your computer so TRAIL can remember you when you come back to the TRAIL website without requiring you to log in every time. Cookies also allow TRAIL to track and understand the interests of our users to enhance the overall experience on our site.
You can set your web browser software to disable cookies. To do so, please refer to the help section of your specific browser for more information on how to manage or disable cookies.
HOW INFORMATION IS USED.
In order to improve the experience for our users, TRAIL may offer you the ability to sign up for optional email communications, such as updates from TRAIL, periodic newsletters or invitations to events. These communications are enhancements to the TRAIL service and are entirely optional. TRAIL will ask for your consent before sending you promotional communications and will make it easy for you to unsubscribe from these communications.
On the TRAIL Website.
Identification Of Authors. The TRAIL website may offer opportunities for users to comment on content found on the TRAIL website, engage in dialogue, share information and may allow you to submit original content. This means that to some extent, TRAIL depends on the contributions and actions of our users to improve the quality of the site experience. When you make a contribution to the site (such as posting a comment), you will be identified by whatever social network or social sharing profile you provide, if using a feature offered by a third party website, or you can elect to remain anonymous.
Site Statistics. As noted above, TRAIL may use information collected from our web log files to calculate and publish anonymous, non-personal, aggregate statistics that we believe our users are interested in viewing. For example, TRAIL may track and publish the total number of users who have viewed a particular web page. TRAIL may publish this data in aggregate form only and will not tie it to any personally identifiable information.
For Internal Reporting And Analysis.
As noted above, we use information gathered from log files and cookies to improve our site, analyze trends, administer the site, track users’ movements around the site and to gather aggregate information about our user base as a whole. We do not tie this data to personally identifiable information.
HOW INFORMATION IS SHARED AND DISCLOSED.
On Our Website.
Public Messages. Some of our features may allow you to communicate with other users by posting public messages (such as when you make comments on a blog post or respond to comments about an article). Please be aware that what you write in these public messages can be viewed, collected or used by anyone who visits our website. TRAIL is not responsible for any personally identifiable information that you submit or permit others to submit through public messages.
With Third Parties.
Linked Services. In some cases, TRAIL allows you to access or link to other web services through our website. TRAIL makes it easy for you to determine when you are accessing or linking to these other web services through or website. In all of these cases, these third party websites may choose to collect your personal information as they deem appropriate. As noted above, TRAIL is not responsible for or in control of how these sites collect, use or disclose your information obtained through these linked services. TRAIL encourages you to be aware when you are using these services and, for your best online experience, TRAIL encourages you to review their policies before submitting any personal information to them.
As Necessary In Certain Legal Circumstances.
Legal Requirements. TRAIL reserves the right to disclose your personally identifiable information as required by law and when TRAIL believes that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process served on our website.
HOW INFORMATION IS KEPT SECURE.
Network Security. TRAIL has implemented a variety of commercially standard encryption and security technologies and procedures to protect information, including your personal information, stored in our computer systems from unauthorized access. Please be aware that no method of transmission over the Internet, or method of electronic storage, is 100% secure, thus TRAIL strives to use commercially acceptable means to protect your personal information, but TRAIL cannot guarantee its absolute security.
Management Procedures. TRAIL also maintains standard physical and electronic procedural safeguards that limit access to your personally identifiable information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personally identifiable information.
YOUR PERSONAL CHOICES.
Sharing Information With Other Members. You are able to control what personal information about you is shared with other users and what information you choose to keep private in your use of the site.
Receiving Communications. If you subscribe to any optional promotional communications, you will be able to unsubscribe from them through the emails we send you.
SPECIAL NOTE TO INTERNATIONAL USERS.