TERMS AND CONDITIONSBy using this website as a user (“You”), You agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this website.
General Provisions This website is owned and operated by Good Grades, LLC (hereafter “G Grades”, “Our”, “We”, “Us”, or “Company”). Our principal place of business is located at 4459 W 2405 N Lehi, Utah 84043.
Use of this website is at Your own risk. We host this site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The terms and conditions contained on this page are subject to change at any time.
You may use the Site for lawful purposes only. You agree to use the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
The information presented on
www.hiikegoodgrades.com is provided “as is” and “as available,” without representation or warranty of any kind. Good Grades does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. Laws change very quickly, especially in certain areas of law like Internet and eCommerce law. While the site strives to provide useful information for users, it cannot claim to be updated in all subjects or in all jurisdictions.
Intellectual Property Notice The Platforms and Services contain intellectual property owned by the Company (“Company’s Intellectual Property”), including, without limitation, all images, text, designs, graphics, logos, trademarks and service marks are owned by and property of the Company, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may NOT use Our intellectual property in any way, which includes republishing any text, image, design or other property on another website, or posting a quote or image from Our site to any third-party website including social media. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. You may not: establish: (i) a hyperlink, including a deep link, to any page or location on the Platforms/Services; or (ii) a frame containing any portion of the Platforms/Services, on any other website or text document with hyperlink capabilities without the express written permission of the Company; copy such content onto your or any other website or publication; or direct any other person to do any of the foregoing. We reserve the right to immediately remove your access to our Platforms and Services, without refund, if you are found to be violating this Intellectual Property Policy. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
The Products and all materials, including software, text, files, photographs, trail maps, widgets, and other content, whether downloaded or not (“
Materials”) contained on the Website are owned by Good Grades (or our affiliates and/or licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the Products are valuable property and that other than any specific and limited license expressly granted for use of such Products or any Materials contained therein, you shall not acquire any ownership rights in or to such Products or any such Materials. The Products and Materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you, without our prior written consent.
The Products are not intended for your commercial use. You must not use any part of the Materials or Website for commercial purposes without obtaining a written license to do so from us. Materials from the Website may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Materials or Website for illegal purposes or purposes otherwise deemed objectionable in our sole discretion (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products or Website. Appropriate legal action may be taken for any illegal or unauthorized use of the Products or Website.
Your Communications Any communications made through Our ‘contact,’ or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
Use of the Site and Service To access or use the site, you must be 18 years or older and have the requisite power and authority to enter into these terms and conditions. Children under the age of 18 are prohibited from using this site or service. In order to access the Platforms, you must obtain access to the World Wide Web through devices that access web-based content and pay any service fees associated with such access. We reserve the right to modify, suspend or discontinue, whether temporarily or permanently, the Platforms (or any part thereof) for any reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, interruption, suspension or discontinuance of the Platforms. We are not responsible for delay or failure of our performance of any of the features of the Platforms caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions. This website is hosted by
www.webflow.com and additional Terms and Conditions are found at
https://webflow.com/legal/terms.
Personal Information Your submission of personal information through the store is governed by our Privacy Policy.
Errors, Inaccuracies, and Omissions Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Although we aim to offer you the best service possible, we make no promise that the Trails or Website will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at
hikegoodgrades@gmail.com and we will review your concern and, where we determine it is appropriate to do so, correct the fault. We will not be liable to you if the Products are unavailable.
Trespass
You agree that in connection with your use of the Products and Website, you will not trespass on, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be (“Private Property”). You acknowledge that Good Grades does not have and affirmatively disclaims any obligation or ability to provide you with complete and accurate information regarding the whereabouts of Private Property you may encounter when using or in connection with your use of the Products. Regardless of whether Good Grades designates any content with a warning regarding its proximity to Private Property, you are solely responsible for obtaining all required permissions to approach or enter Private Property in connection with your use of the Products.
Links to Third Party Sites
We may provide links to other websites or services. You acknowledge that any interaction with such links is taken at your sole discretion and such links are provided for your convenience only. We do not review or endorse any of those websites or services. We are not responsible in any way for the availability of, the privacy practices of, the content, advertising, products, goods or other materials or resources on or available from, or the use that others make of these other websites or services. We are not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
Disruptive and Disrespectful Use
You agree to be mindful and respectful of places you visit in connection with your use of the Trails. You agree that your use of the website will be appropriate to the environment around you and that you will not create excessive noise or other disturbances in connection with your use of the Trails. You agree to act in a manner that is respectful and appropriate to the areas where you use the website and listed trails, including while interacting with other people, disposing of trash, using restroom facilities, using the Product in large groups, parking your vehicle, and otherwise.
DisclaimersOur website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let us know, please email us at
hikegoodgrades@gmail.com.
THE PRODUCTS AND THEIR CONTENT ARE OTHERWISE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THEM, INCLUDING AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF THE PRODUCTS OR THEIR CONTENT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PRODUCTS, OR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE PROVISION OF THE PRODUCTS. WE DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCTS TO THE BROADEST EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE TIMELINESS, ACCURACY, QUALITY, COMPLETENESS OR EXISTENCE OF THE CONTENT AND INFORMATION POSTED ON THE PRODUCTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, FOR TECHNICAL ACCESSIBILITY, FITNESS OR FLAWLESSNESS OF THE PRODUCTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT AND INFORMATION POSTED ON THE PRODUCTS WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT GOOD GRADES IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD GOOD GRADES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, THIRD PARTY PLATFORMS, OR OTHER USERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. CERTAIN INFORMATION, INCLUDING INFORMATION REGARDING TRAIL CONDITIONS, HAS BEEN PROVIDED BY THIRD PARTIES, AND GOOD GRADES IS NOT LIABLE FOR ANY INACCURACIES IN SUCH INFORMATION.
EXCEPT FOR GOOD GRADES’ OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN GOOD GRADES’ PRIVACY POLICY, GOOD GRADES ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY MATERIALS (INCLUDING, BUT NOT LIMITED TO, YOUR USER MATERIALS), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
GOOD GRADES MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND DATA PROVIDED THROUGH THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY TRAIL ROUTES OR TRAIL CONDITIONS. ACTIVITIES ASSOCIATED WITH THE PRODUCTS CAN AT TIMES INVOLVE RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER DANGERS ASSOCIATED WITH SUCH ACTIVITIES. YOU UNDERSTAND THAT GOOD GRADES DISCLAIMS RESPONSIBILITY FOR ANY SUCH PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE PRODUCTS. GOOD GRADES IS NOT RESPONSIBLE FOR THE MISUSE OR MISREPRESENTATION OF THE INFORMATION AND/OR DATA PROVIDED THROUGH THE PRODUCTS, AND ANY RELIANCE YOU PLACE ON SUCH INFORMATION AND/OR DATA IS THEREFORE STRICTLY AT YOUR OWN RISK.
WHEN YOU USE THE GOOD GRADES PRODUCTS, YOU MAY FIND THAT ACTUAL REAL-WORLD CONDITIONS DIFFER FROM THE INFORMATION AND DATA PROVIDED THROUGH THE PRODUCTS. EXERCISE YOUR INDEPENDENT JUDGMENT AND USE THE PRODUCTS AT YOUR OWN RISK. YOU ARE RESPONSIBLE AT ALL TIMES FOR YOUR CONDUCT.
TerminationIf at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
Dispute Resolution If a dispute arises under these Terms of Service, we agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Salt Lake City, Utah. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by the both of us. If any court action is necessary to enforce these Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled. If mediation is unsuccessful and submission to a court is required, the parties agree that the agreement is subject to Utah law and should be filed in Salt Lake County, Utah. The mediation requirement may be trumped based on written terms in a Contract with the Company.
Effect of Headings The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement This Agreement constitutes the entire agreement between You and Good Grades pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by G Grades shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Us.
SeverabilityIf any part of these terms and conditions or Our privacy policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
Law and Jurisdiction This Agreement shall be construed in accordance with, and governed by, the laws of Utah. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Salt Lake County, Utah. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Limitation of Liability and Indemnification You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Good Grades is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
You shall indemnify and hold Us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by You of any of these terms and conditions, or any use by You of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to You, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
You further agree that Company’s officers, directors, shareholders, members, managers, affiliates, agents, attorneys, successors, and/or assigns shall not be personally liable for any claims or damages with respect to the Contract or the Work. You knowingly and intentionally relinquishes any claims or damages that are inconsistent with the liability limitations set forth in this Section of the Terms and Conditions.
TO THE FULLEST EXTENT PROVIDED BY LAW, GOOD GRADES PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE PRODUCTS FOR ANY AMOUNT THAT EXCEEDS THE GREATER OF (i) THE AMOUNT PAID BY YOU TO GOOD GRADES FOR ANY GOOD GRADES PRODUCTS THAT GIVE RISE TO THE CLAIM OR (ii) ONE HUNDRED DOLLARS ($100). ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE PRODUCTS MUST BE BROUGHT WITHIN EIGHTEEN (18) MONTHS OF THE EVENTS GIVING RISE TO THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOOD GRADES AND YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRODUCTS. THE LIMITATIONS SET FORTH HEREIN WILL SURVIVE TERMINATION OR EXPIRATION OF THESE TERMS AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND OT HAVE FAILED ITS ESSENTIAL PURPOSE.
ConsentBy using this website, You hereby consent to these Terms and Conditions of Use. If You require any more information or have any questions about these Terms and Conditions of website use, or the included Privacy Policy, please feel free to contact us by email at
hikegoodgrades@gmail.com.
