These Terms of Service ("Terms") form a binding agreement between you and Rad Alpine Co., LLC ("Trailrace," "we," "our," or "us") governing your access to and use of the website trailrace.co and any related applications, features, and services (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY. By creating an account or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
1. The Service
Trailrace.co is a directory and web application that helps users discover trail races, routes, and related information, and provides tools to list, manage, and interact with that content. We may add, modify, or remove features at any time.
2. Eligibility
You must be at least 13 years old (or 16 in the EEA/UK) to use the Service. By using the Service, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.
3. Accounts
3.1 Registration
Some features require an account. You agree to provide accurate, current information and to keep it up to date.
3.2 Security
You are responsible for safeguarding your password and for all activity under your account. Notify us immediately at [email protected] of any unauthorized use or suspected breach.
3.3 One Account
You may not maintain more than one account without our permission, and you may not share your account or transfer it to anyone else.
4. User Content and Listings
4.1 Your Content
"User Content" means any race listings, routes, GPX files, reviews, comments, photos, profile information, or other material you submit to the Service. You retain ownership of your User Content.
4.2 License to Trailrace
By submitting User Content, you grant Trailrace a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (e.g., for formatting), distribute, publicly display, publicly perform, and create derivative works of the User Content, solely for the purpose of operating, promoting, and improving the Service. This license continues for User Content that remains on the Service after you close your account, where others have come to rely on it (e.g., public race listings).
4.3 Your Representations
You represent and warrant that:
- You own or have the necessary rights to your User Content.
- Your User Content does not infringe any third party's rights (including intellectual property, privacy, or publicity rights).
- Your User Content is accurate and not misleading, including information about race dates, locations, routes, fees, and safety.
4.4 Our Rights
We may, but are not obligated to, review, moderate, remove, or refuse User Content that we believe violates these Terms or applicable law.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful, harmful, fraudulent, infringing, or abusive purpose.
- Post false, misleading, defamatory, harassing, hateful, obscene, or otherwise objectionable content.
- Impersonate any person or misrepresent your affiliation with any person or entity.
- Upload malware, viruses, or any code intended to disrupt or damage the Service.
- Scrape, crawl, or use automated means to access the Service without our prior written consent, other than for permitted search engine indexing.
- Reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law.
- Circumvent any security, rate limits, or access controls.
- Resell, sublicense, or commercially exploit the Service without our written permission.
- Collect or harvest personal information about other users.
- Use the Service to transmit unsolicited communications (spam).
We may suspend or terminate access for violations.
6. Safety Notice and Assumption of Risk
Trail running, racing, and outdoor activities involve inherent risks, including but not limited to injury, illness, and death. Information on the Service — including race details, route data, GPS tracks, and user reviews — may be incomplete, outdated, or inaccurate. You are solely responsible for:
- Evaluating the suitability and safety of any race, route, or activity.
- Your own preparation, fitness, gear, navigation, and decision-making.
- Complying with local laws, land-access rules, and race-organizer requirements.
By using the Service, you expressly assume all risk associated with your activities. Trailrace is not a race organizer, trail manager, or guide, and does not endorse or verify listings unless explicitly stated.
7. Third-Party Services
The Service may integrate with or link to third-party services (e.g., mapping providers, analytics, or — in the future — payment processors). Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services.
When paid features are introduced, payments will be processed by a third-party processor (e.g., Stripe). Any disputes related to payments may also involve the processor.
8. Intellectual Property
8.1 Our Rights
The Service, including its software, design, text, graphics, and logos (excluding User Content), is owned by Trailrace or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for its intended purpose.
8.2 Feedback
If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction.
8.3 Copyright Complaints (DMCA)
If you believe content on the Service infringes your copyright, please send a notice to [email protected] that includes the information required by 17 U.S.C. § 512(c)(3). We may remove allegedly infringing material and terminate repeat infringers.
9. Termination
You may close your account at any time. We may suspend or terminate your access, with or without notice, if we believe you have violated these Terms, created risk or legal exposure for us, or if we discontinue the Service. Provisions that by their nature should survive termination will survive, including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE.
We do not warrant that the Service will be uninterrupted, error-free, secure, or that any User Content is accurate or reliable. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, in no event will Trailrace, its affiliates, or their officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of the Service — whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been advised of the possibility of such damages.
Our total cumulative liability for all claims arising out of or relating to the Service will not exceed the greater of (a) US$100 or (b) the amount you paid us in the 12 months preceding the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (for example, for fraud, gross negligence, willful misconduct, or — for EEA/UK consumers — statutory consumer rights).
12. Indemnification
You agree to defend, indemnify, and hold harmless Trailrace and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party right, including intellectual property or privacy rights.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of the State of Colorado, United States, without regard to its conflict-of-law rules, except that consumers in the EEA, UK, or other jurisdictions may have the benefit of mandatory local consumer protection laws.
13.2 Informal Resolution
Before filing a claim, you agree to contact us at [email protected] and attempt in good faith to resolve the dispute informally for at least 30 days.
13.3 Venue
Subject to Section 13.4, any dispute not resolved informally will be brought exclusively in the state or federal courts located in Boulder County, Colorado, and you consent to the personal jurisdiction of those courts. EEA/UK/Canadian consumers may bring proceedings in the courts of their country of residence where required by law.
13.4 Optional Arbitration / Class Waiver
At your or our election, any dispute will be resolved by binding individual arbitration rather than in court, and you and Trailrace waive any right to a jury trial or to participate in a class action. This provision does not apply where prohibited by law.
14. Changes to the Service or Terms
We may modify the Service or these Terms at any time. If we make material changes to the Terms, we will provide notice (e.g., by posting the updated Terms and updating the "Last Updated" date, and, where required, by email). Your continued use after changes take effect constitutes acceptance. If you do not agree, stop using the Service.
15. Miscellaneous
- Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Trailrace regarding the Service.
- Severability. If any provision is unenforceable, the remaining provisions remain in effect.
- No waiver. Our failure to enforce any provision is not a waiver of that provision.
- Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
- Headings. Headings are for convenience only and do not affect interpretation.
- Contact. [email protected]
16. Contact
Rad Alpine Co., LLC
2995 55th St #18073
Boulder, CO 80308
Email: [email protected]