1. Acceptance of Terms; Introduction
The services of Tribe Pilot Inc. (“Tribe Pilot,” “us”, “our,” or “we”), including the services that Tribe Pilot makes available through the Tribe Pilot website and the Tribe Pilot app (collectively, the “Services”), are expressly subject to, and may only be used in accordance with, these Terms of Service (these “Terms”).
In order to use the Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will also refer to that organization. Please read these Terms carefully before you download our app or otherwise use any Tribe Pilot Services. If you do not agree with these Terms, do not use our app or other Services. BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.
All of Tribe Pilot’s Services (including its website and app) are intended for adult audiences only and are not intended for or directed to anyone under 13 years of age. Therefore, no one under 13 years of age may create an account with Tribe Pilot or otherwise use our Services. If you are over 13 years of age but are not yet of legal age to form a binding contract (this is 18 years of age in many jurisdictions), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child's registration with the Services, you agree to be bound by these Terms with respect of your child’s use of the Services. By using our Services, you attest that you are over 13 years of age, that you can form a binding contract with Tribe Pilot, and that you will comply with these Terms and all applicable local, state, federal, and international laws, rules, and regulations.
You agree that your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Tribe Pilot or any of its affiliates regarding future functionality or features.
Please note that all features, content, and specifications of the Services, and any prices described or depicted on our website, in our app, or in any medium, are subject to change without notice. Also, the inclusion of any product or service does not imply or warrant that it will be available at any time.
While we strive to ensure that our Services and all other information that we provide is complete, accurate, and current, some information provided may sometimes be inaccurate, incomplete, or out-of-date. We make no representation regarding the completeness or accuracy of any Services, or other information, advice, or recommendations made through our website, the app, or any other medium. We also do not make any representations or warranties regarding the quality or safety of any aspect of the Services, or third-party products or services offered or made available via the App.
2. Managing your Tribe Pilot Account
Users are required to register and create an individual account with Tribe Pilot in order to access and use our Services. As part of registering with Tribe Pilot, you will be required to provide certain information to us. All information that you are required to provide at registration must be current, complete, and accurate. You are also responsible for ensuring that your account information is timely updated if it ever changes. In addition, you must keep and are responsible for keeping your sensitive information – like your account password – confidential. Please contact us immediately if you think your account has been compromised.
In using the Services, you agree that:
(a) You are permitted to create only one account for yourself, and you will not create more than one account for your individual use.
(b) You will not, without our express permission, create another account for yourself if we have disabled or otherwise restricted your account.
(c) You will not buy, sell, rent, or lease access to your account in any way.
(d) You will not share your account’s login credentials (for example, your account password, or your email address and password reset/security question) with others.
(e) You will log in and access our website, app and other Services only through those means authorized by Tribe Pilot, and you will not log in or attempt to access any Services through any unauthorized means.
3. Ordering Products and Services
As part of the Services, Tribe Pilot may facilitate your transactions with third-party vendors for goods, products, and services that may be useful on your trip. Additionally, you may purchase certain upgrades to the Tribe Pilot app. If you choose to purchase any goods, products or services made available to you through the Services (a “Transaction”), you may be asked to supply certain information relevant to your Transaction. Such information may include your name, your payment card information, and your billing and your shipping address, among other information.
Please note that Tribe Pilot does not collect information related to or process any Transactions. Instead, information related to Transactions are collected and processed by a third-party payment service provider, or by the third-party vendors themselves. Please also note that any information that you provide to a third party while utilizing their website or service – including the third-party payment service provider related to processing your Transactions – will be governed by the third party’s policies and terms.
Any purchase you ultimately make with a third-party vendor will be between you and that vendor, and Tribe Pilot will have no liability. You hereby release Tribe Pilot from all liability with respect to all Transactions.
You are responsible for obeying all applicable local, state, federal, and international laws regarding any goods, products or services that you purchase through our Services, including those with third parties made available through our Services. You represent that any goods, products, or services that you order will be used only in a lawful manner.
A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, maps, and other materials ("Content") may be made available through the Services by Tribe Pilot or its suppliers ("Tribe Pilot-Supplied Content"). While Tribe Pilot strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, Tribe Pilot cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Tribe Pilot-Supplied Content.
You acknowledge that you will be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the Services. All such information is referred to below as "User Content."
You agree that you are solely responsible for (and that Tribe Pilot has no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which Tribe Pilot may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services. Furthermore, you acknowledge that Tribe Pilot does not control or actively monitor Content uploaded by users and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Tribe Pilot be liable in any way for any such Content. You will: (a) be solely responsible for the nature, quality and accuracy of your User Content; (b) ensure that your User Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to your User Content, including any notices sent to you by any person claiming that any User Content violates any person's rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (d) maintain appropriate security, protection and backup copies of your User Content, which may include, your use of additional encryption technology to protect the Content from unauthorized access.
Tribe Pilot may refuse to store, provide, or otherwise maintain your User Content for any or no reason. Tribe Pilot may remove your User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, Tribe Pilot may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that Tribe Pilot will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any User Content. Tribe Pilot recommends that you backup all User Content, including, but not limited to, important waypoints, tracks, and photo waypoints. You acknowledge that User Content you may store or access through the Services may be subject to inadvertent damage, corruption or loss.
Tribe Pilot reserves the right (but shall have no obligation) to remove User Content from the Services, in its discretion. You agree to immediately take down any Content that violates these Terms, including pursuant to a takedown request from Tribe Pilot. In the event that you elect not to comply with a request from Tribe Pilot to take down certain Content, Tribe Pilot reserves the right to directly take down such Content.
You represent and warrant that you are the owner of all right, title, and interest in the User Content or that you have sufficient license rights to the User Content to grant Tribe Pilot the rights set forth in these Terms.
6. Proprietary Rights
You acknowledge and agree that Tribe Pilot (or Tribe Pilot’s licensors) own all legal right, title and interest in and to the Services and Tribe Pilot-Supplied Content and that the Services and Tribe Pilot-Supplied Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Except as provided in Sections 3 and 6 above, Tribe Pilot acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Tribe Pilot, you agree that you are responsible for protecting and enforcing those rights and that Tribe Pilot has no obligation to do so on your behalf.
7. License from Tribe Pilot and Restrictions on Use
Tribe Pilot gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license is solely to allow you to access the Services for your (or your organization’s) non-commercial or internal business purposes, in the manner permitted by these Terms.
You may not (and you may not permit anyone else to: (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Tribe Pilot, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.
You may not access the Services for the purpose of bringing an intellectual property infringement claim against Tribe Pilot or for the purpose of creating a product or service competitive with the Services. You may not use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, "scrape," "data mine" or in any way gather Content from the Services.
You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Tribe Pilot, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, offensive, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over 13 years of age, that you can form a binding contract with Tribe Pilot, and that you will comply with these Terms and all applicable local, state, federal, and international laws, rules, and regulations.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified below.
Tribe Pilot Inc.
Attn: Mathew Smith
2692 NW Nordic Ave.
Bend, OR 97703
Any DMCA notice filed with our Desginated Copyright Agent must contain the following:
(a) Information identifying the copyrighted work that is claimed to have been infringed, such as the copyrighted work’s title, author, URL, or other information.
(b) Sufficient information allowing us to identify and locate the allegedly infringing material.
(c) Your contact information, including your address, telephone number, and email address, so that we may contact you.
(d) A personal statement that you have a good-faith belief that the use of allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
(e) A statement, under penalty of perjury, that the information in your notification if accurate and that you are authorized to act on behalf of the copyright owner.
(f) A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
We recommend that you speak to a legal advisor before filing a DMCA notice with our Designated Copyright Agent to assess your rights.
9. Email, Data Charges & Mobile Phones
Certain aspects of our Services are designed to work with and be used on mobile phones and devices. You are responsible for any text-messaging, data charges, and other fees and charges that you may incur from your mobile service provider by using our Services. Please talk to your mobile service provider before using our Services if you have questions about possible charges you may incur by using our Services.
By using the Services, you agree that we may communicate with you by electronic means, such as through email, text message, or other means. Please update your account if you change your email address or phone number to ensure that we do not send messages meant for you to others.
10. Third Party Services and Links
The Services may include references or hyperlinks to other websites, resources and other content. Tribe Pilot is not responsible for the quality, safety, availability, completeness, accuracy, privacy policies, legality, or any other practices and policies of such websites, resources or other content. Such hyperlinks are provided solely as a convenience to you and should not be considered an endorsement by Tribe Pilot of such websites, resources or content, or their owners, creators, licensors or other sponsors.
Tribe Pilot has no control over any websites or resources which are provided by companies or persons other than Tribe Pilot.
You acknowledge and agree that Tribe Pilot is not responsible for the availability of any such external sites, resources or other content, and does not endorse any advertising, products or other materials on or available from such websites or resources.
You acknowledge and agree that Tribe Pilot is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites, resources or other content, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites, resources or other content.
Complaints, claims, concerns, or questions regarding third-party products, services or content should be directed to the third party. You hereby waive any claim you might have against Tribe Pilot with respect to such third parties and their services.
As stated above, Tribe Pilot does not collect information related to or process any Transactions. Tribe Pilot uses a third-party payment service provider (“Payment Service Provider”) to process payments related to certain Transactions. All such Transactions are subject to the Payment Service Provider’s relevant terms and policies, which the Payment Service Provider may modify from time to time and at its sole discretion. By agreeing to these Terms, you agree to be bound by the Payment Service Provider’s relevant terms and policies related to your Transaction.
Additionally, Transactions for goods, products, or services made with a third-party vendor are not processed by Tribe Pilot. Transactions with a third-party vendor may be processed by the vendor itself, or by another payment service provider selected by the vendor to process payments on its behalf. As mentioned above, any information that you provide to a third party while utilizing their website or service – including the third-party vendor or the payment service provider selected by the third-party vendor related to processing your Transactions – will be governed by that third party’s policies and terms.
12. Restriction, Modification, & Termination
You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.
You agree that Tribe Pilot, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Tribe Pilot will not be liable to you or any third party for such termination.
You are solely responsible for exporting your Content from the Services prior to termination of your account for any reason, provided that if we terminate your account, we will endeavor to provide you a reasonable opportunity to retrieve your Content.
Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
These Terms may be amended or updated from time to time without notice and may have changed since your last visit to our website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.
THE SERVICES (INCLUDING, WIHTOUT LIMITATION, THE TRIBE PILOT APP AND WEBSITE), ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TRIBE PILOT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SERVICES AND THE CONTENT AND INFORMATION ON THE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL TRIBE PILOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF TRIBE PILOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.
TRIBE PILOT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT PROVIDED BY YOU, ANOTHER USER, OR THIRD PARTY THROUGH OUR SERVICES. TRIBE PILOT IS NOT RESPONSIBLE FOR ANY CONTENT THAT MAY BE INAPPROPRIATE, OFFENSIVE, MISLEADING, ILLEGAL, OR OTHERWISE OBJECTIONABLE.
We do not warrant that the Services will be uninterrupted, timely, secure or error-free. There may be delays, errors, defects, omissions, interruptions and inaccuracies in the information or other materials available on or through the Services. Tribe Pilot is not responsible for the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, the content of the Services, or other any other website that may be linked to on through the Services.
Tribe Pilot does 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 through the Services (including, without limitation, through the Tribe Pilot website or app), or available through links on the Services. We reserve the right to correct any errors or omissions in the Services. Although we take reasonable steps to prevent the introduction of viruses, worms, Trojan horses or other destructive materials to the Services, Tribe Pilot does not guarantee or warrant that the Services or materials that may be downloaded from the Services do not contain such contaminating or destructive properties. You understand and agree that any Content, files or information downloaded or otherwise obtained through the use of the Services is at your own discretion and risk and that Tribe Pilot is not liable for any damages or harm to your device or loss of data attributable to such Content, files or information. If you rely on the Services and any materials available through the Services, you do so solely at your own risk. Tribe Pilot is not responsible for any errors or omissions or for the results obtained from the use of any information provided on the Services.
15. Limitation of Liability
IN NO EVENT SHALL TRIBE PILOT, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS OR ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF TRIBE PILOT HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION AN INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO TRIBE PILOT´S SERVICES, THE USE OR THE INABILITY TO USE THE SERVICES, AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SERVICES, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, EVEN IF TRIBE PILOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF TRIBE PILOT OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
In those jurisdictions which prohibit the exclusion or limitation of liability for consequential or incidental damages, any such liability shall be limited to the maximum extent permitted by law. In no event will Tribe Pilot’s aggregate liability for any and all claims related to the Services exceed $100 U.S. or the amount you paid to Tribe Pilot, if any, in the last 12 months, whichever is greater.
16. Choice of Law & Jurisdiction
These Terms are governed by and construed under the laws of Oregon, without reference to conflict of laws principles, except where preempted by U.S. federal law. Any claims or disputes arising out of or relating to these Terms are also governed and construed by the laws of Oregon.
Any action or proceeding seeking to enforce any provision of these Terms or based on any right arising out of these Terms must be brought in Deschutes County Circuit Court of the State of Oregon or, subject to applicable jurisdictional requirements, in the United States District Court for the District of Oregon, and you consent to the exclusive jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to such venue.
If any portion of these Terms is found to be unenforceable, that provision will be severed from these Terms, and will not affect the validity and enforceability of the remaining Terms.
28. Complete Terms
Please note that these Terms, along with any other documents incorporated by reference, make up the entire agreement between you and Tribe Pilot. We reserve all rights that are not expressly granted to you. You may not transfer any rights given or obligations borne to you under these Terms without our express consent. We do not waive any provision under these Terms even if it is not enforced.
29. Contact Us
If you have any questions regarding these Terms or our practices, you can contact us at:
Tribe Pilot Inc.
2692 NW Nordic Ave.
Bend, OR 97703
Or by email at:
Effective Date: 10/5/2017