By using this website (the "Site") or any products or services provided through this Site (furkot.com and any sub-domains and other related products and services), you ("You," "Your," and "User") agree to these Terms and Conditions of Use ("Terms") between LEWYHALS LLC ("the Company," "Us," "Our," and "We") and You. The total agreement between Us and You is comprised of these Terms, the Furkot Privacy Policy, and the Furkot Third-party Content Use and Reproduction Policy, which are incorporated by reference (collectively, "Agreement"), and supersedes all previous written and oral agreements, representations, and warranties.

If You don’t agree with the terms this Agreement, please refrain from using the Site and any of Our services.

General ¶

The Company created this Site to provide resources to help You plan trips, including travel details and activities. If You create an account, You will have the ability to save and share Your plans with others.

User License ¶

By using this Site, We grant You permission to create and download one copy of the materials related to Your trip (information or software) for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title. Under this license, You may not:

• Modify, copy, or distribute the materials;
• Create derivative works based on the materials;
• Use the materials for any commercial purpose;
• Use the materials or for any public display (commercial or non-commercial); or
• Use the Site or materials for or in connection with (a) real-time navigation or route guidance; (b) automatic or autonomous vehicle control; (c) commercial asset-tracking; (d) real-time sharing of locations; (e) to assess vehicle insurance risks;

This license shall automatically terminate if You violate any of these restrictions. Upon terminating Your use of these materials or upon the termination of this license, You must destroy any of Our materials in Your possession whether in electronic, printed, or any other format.

User Conduct ¶

Every User must abide by the following rules of conduct in regards to Our Site and services:

• You must be at least 13 years old to have an account on Our Site. You must be at least 18 years old to post content on Our Site or have a parent or guardian’s permission to do so.
• You are responsible for protecting Your account password and information.
• You must be the owner of or have permission to post any content on Our Site.
• You must provide accurate information as required when communicating with Us.
• You may not use Our Site or services to abuse, harass, defame, or defraud anyone.
• You may not use Our Site or services to do anything unlawful, misleading, malicious, or discriminatory.
• You may not use Our Site or services to post advertisements or solicit business.
• You may not interfere with any other party’s use and enjoyment of Our Site or services.
• You may not upload viruses or other malicious code to Our Site or discussion forums.
• You may not do anything that is designed to disable, overburden, or interfere with the normal working of Our Site or services.
• You may not use Our Site or services to violate anyone’s intellectual property rights.
• You may not use, test, or otherwise utilize Our Site or services in any manner for purposes of developing or implementing any method or application that is intended to interfere with the function of Our Site or services.
• You may not transfer Our materials to another person or “mirror” the materials on any other server.
• You may not reverse engineer, decompile, disassemble, derive source code, create a derivative work of, or otherwise repurpose any aspect of Our Site or services; attempt to do so, or assist anyone in doing so except permitted by applicable law notwithstanding this limitation.

We, in Our sole discretion, may refrain from posting or delete any materials from You that We find inappropriate or in violation of this Agreement, with or without notification to You. We reserve the right to suspend or terminate any User’s account for violating this Agreement.

User Content ¶

You understand and acknowledge that You are responsible for whatever content You post to Our Site, including its legality and appropriateness. A post is any text and/or image submitted by any user to Our Site. When You create a post on Our Site, You attest that Your post is comprised of Your own work, in the public domain, or otherwise without restrictions, or content for which You have obtained all necessary permissions, licenses, and/or approvals.

By making a post on Our Site, You grant Us an unlimited, perpetual, worldwide, irrevocable, royalty-free, paid-in-full license to use the content You shared for any purpose without needing any additional permissions from You.

Links ¶

We may provide links to other websites on Our Site. Providing a link, however, is not an endorsement. We shall not be responsible for any material on any site to which We provide a link that We did not create. User assumes all risk by following a link. The Company provides no guarantee that any website it links to will be accurate or available.

Intellectual Property ¶

The Company retains its intellectual property rights, including but not limited to, copyright rights in all its original content published on and through Our Site.

You may use Our Content for Your personal, non-commercial use as stated above, provided You do not remove or alter any copyright, trademark, or other proprietary notices. You may not engage in systematic retrieval of content from this Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without prior written permission from Us.

"Furkot," "LEWYHALS," and Our logo are trademarks owned by the Company and may not be used without Our explicit written permission. Any violation of Our intellectual property rights may result in a copyright, trademark, or other intellectual property right infringement that may subject You to civil and/or criminal penalties and termination of Your account.

Digital Millennium Copyright (DMCA) Policy ¶

The Company will comply with any properly submitted DMCA takedown and counter takedown notices We receive under the U.S. Copyright Act (17 U.S.C. § 512). If You believe that Your copyrighted work has been copied and used on or via Our Site or services in a way that constitutes copyright infringement, You must contact Our DMCA Agent at the following address: 30 N Gould St. Ste R, Sheridan, WY 82801 or via email at trips@furkot.com.

Indemnification ¶

By using Our Site or services, You agree to defend, indemnify, and hold harmless the Company, Our affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any activity by You in connection with Our Site or services.

To the extent permitted under applicable laws, User hereby releases the Company from any and all claims or liability related to any of Our services and any conduct or speech, whether online or offline, of any other User.

Warranty Disclaimer ¶

USER EXPRESSLY AGREES THAT USE OF OUR SITE AND SERVICES ARE AT USER’S SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WARRANT THAT USE OF OUR SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SITE OR SERVICES OR (2) THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE OR OUR DISCUSSION FORUMS.

OUR SITE AND SERVICES ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

SPECIFICALLY, THE MATERIALS ON THIS SITE ARE INTENDED FOR PERSONAL USE FOR TRIP PLANNING PURPOSES ONLY. THE COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, OF THE ACCURACY OF THE MATERIALS AND THEIR SUITABILITY FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO: (a) REAL-TIME NAVIGATION OR ROUTE GUIDANCE; (b) AUTOMATIC OR AUTONOMOUS VEHICLE CONTROL; (c) COMMERCIAL ASSET-TRACKING; (d) REAL-TIME SHARING OF LOCATIONS; OR (e) TO ASSESS VEHICLE INSURANCE RISKS.

Limitation of Liability ¶

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT PROVIDED THROUGH THIS SITE, DISCUSSION FORUMS, AND/OR OTHER SERVICES. THE PARTIES AGREE THAT OUR MAXIMUM FINANCIAL OBLIGATION TO YOU IS THE AMOUNT PAID TO US FOR SERVICES PRIOR TO THE DISPUTE.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE ALLEGEDLY CAUSED BY YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE OR THROUGH OUR SERVICES, EVEN IF THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBIITY OF SUCH DAMAGE. YOU ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, APPROPRIATENESS, COMPLETENESS, AND USEFULNESS OF OUR CONTENT BASED ON YOUR SPECIFIC NEEDS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, TO EVALUATE AND PROVIDE INDIVIDUALIZED INFORMATION AND INSTRUCTION.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITTIONS ON IMPLIED WARRANTIES, OR LIMITIATIOS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

Revisions and Errata ¶

The materials appearing on the Site could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on the Site are accurate, complete, or current. The Company may make changes to the materials contained on the Site at any time without notice. The Company does not, however, make any commitment to update the materials.

Modification to this Agreement ¶

We reserve the right to change this Agreement at any time as We deem necessary or desirable. These changes will most likely be enacted to comply in changes to Our services and/or changes in the law. We will notify Users of changes by posting notice of the change on Our Site. Any changes will be effective upon the changes being made to this Agreement. Your continued use of Our Site or services shall be Your acceptance of any changes to this Agreement. All additional terms are hereby incorporated into this Agreement by this reference.

The date at the bottom of the Terms informs You of the date of the most recent change.

Dispute Resolution ¶

By using this Site, You agree that any claim, dispute, or controversy You may have against Us arising out of, relating to, or connected in any way with this Agreement, Our Site, or services, shall be resolved exclusively in a court located in Routt County, Colorado. Colorado law shall govern all disputes related to this Site and Our services. You agree that You shall only pursue a claim on behalf of Yourself only and shall not seek to file a class action lawsuit. By using this Site, You agree to the personal jurisdiction of this court and venue.

In all claims, disputes, and controversies related to this Agreement, Our Site, or services, the non-prevailing party shall be responsible for the prevailing party’s attorneys’ fees and costs in addition to any damages assessed against them.

Termination ¶

We reserve the right to suspend or terminate any User's account at any time and for any suspected violation of this Agreement. Termination may occur without advance notification. We shall not be liable for any damages for terminating a User.

Contact Information ¶

The Company is a Wyoming limited liability company. You can contact Us at LEWYHALS LLC, 30 N Gould St. Ste R, Sheridan, WY 82801, or via email at trips@furkot.com.

Miscellaneous ¶

This Agreement shall constitute the entire agreement between Us and You with respect to the subject matter in this Agreement. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.

If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of the Terms, the Privacy Policy, or the Third-party Content Use and Reproduction Policy shall continue in full force and effect. If a provision is found to be invalid, the parties hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.

These Terms were last modified on September 13, 2019