Last Update: October 25, 2018
The following terms and conditions govern all use of Colorado Parks and Wildlife’s Colorado Trail Explorer (COTREX) application and any content uploaded, downloaded or displayed on the COTREX application, including, but not limited to, text, graphics, photos, information, links, maps, data and geographical locations (collectively the “Content”).
The COTREX application is owned by Colorado Parks and Wildlife and is operated by Colorado Parks and Wildlife and its contractors, and it is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules and policies, including, but not limited to, Colorado Parks and Wildlife’s COTREX Privacy Policy (collectively the “Terms of Service”).
Please read these terms and conditions carefully before accessing and using the COTREX application. By accessing or using any part of the COTREX application, you agree to become bound by the terms and conditions of the Terms of Service and all applicable laws and regulations. If you do not agree to all of the Terms of Service, then you may not access or use the COTREX application.
You must be 18 years of age, or the age of majority in your home province, territory or country, to access or use the COTREX application. Individuals under the age of 18, or the applicable age of majority, may access and use the COTREX application only with the direct involvement and consent of a parent or legal guardian, and otherwise subject to these Terms of Service.
The COTREX application is offered for informational purposes only. You understand that your access to or use of the COTREX application and any associated Content is at your own discretion and risk. The COTREX application is provided “as is.” Colorado Parks and Wildlife and its contractors, contributors, suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Colorado Parks and Wildlife nor its contractors, contributors, suppliers or licensors make any warranty that the COTREX application will be error free or that access thereto will be continuous or uninterrupted.
By operating the COTREX application, neither Colorado Parks and Wildlife nor its contractors represent or imply that they endorse the material posted on the COTREX application or that it believes such material to be accurate or useful. The COTREX application may also contain Content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties and the downloading, copying or use of which is subject to additional terms or conditions, stated or unstated.
There are many risks associated with the activities described in the Content that may appear on the COTREX application, including, but not limited to, becoming disoriented, lost, harmed, injured and unknowingly trespassing. Before accessing or using any of the Content on the COTREX application, it is your responsibility to consult with landowners, land managers and governing agencies for the most up-to-date information regarding the dangers and legality of partaking in the activities mentioned in the Content. Depiction of a road, trail or area by the COTREX application is not and should not be interpreted as an invitation to all types of travel or as an implication that the road, trail or area is passable, actively maintained, suitable or safe for travel or that the road, trail or area is open for general public use.
Maps on the COTREX application are governed by the same Disclaimer of Warranty as other Content, but Colorado Parks and Wildlife emphasizes that special care should be taken when using or relying upon such maps, and they only should be used for informational and planning purposes. Colorado Parks and Wildlife and its contractors do their best to validate and correct map inaccuracies, but have not, and cannot review any and all maps in their entirety and therefore cannot be responsible for their use or effects.
Routes and trails on the COTREX application that have been submitted or designated by Colorado Parks and Wildlife’s contributors, suppliers and licensors as “wheelchair friendly” are governed by the same Disclaimer of Warranty as other Content, but Colorado Parks and Wildlife emphasizes that special care should be taken when using or relying upon such third party designations, and they should only be used for informational and planning purposes. Neither Colorado Parks and Wildlife nor its contractors have reviewed or field checked such designations or otherwise validated that the routes or trails in question would otherwise meet the standards for accessibility under the Americans with Disabilities Act or any other federal or state disability laws and hereby disclaim any warranties or representations that they do or that the routes or trails are suitable or safe for travel by persons with disabilities. Colorado Parks and Wildlife advises that users investigate such designations with the designating landowner, land manager or governing agency before undertaking any travel on such routes or trails.
Liability for claims of injuries or damages to persons or properties arising from the acts or omissions of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled by and limited by the provisions of the Governmental Immunity Act C.R.S, §24-10-101, et seq. and the risk management statutes, C.R.S. §24-30-1501, et seq. as applicable now or hereafter amended. No term or condition of these Terms of Service shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions of the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq., as applicable now or hereafter amended.
Colorado Parks and Wildlife reserves the right to access, read, use, preserve and disclose any information it reasonably believes is necessary to (1) satisfy any applicable law, regulation or legal process, (2) enforce the Terms of Service, including investigating violations thereof, (3) detect, prevent or otherwise address fraud, security or technical issues, (4) respond to user support requests, (5) protect the rights, property or safety of Colorado Parks and Wildlife, users of the COTREX application and the public, or (6) assist law enforcement agencies in the investigation and prosecution of crimes. Colorado Parks and Wildlife does not disclose personally-identifying information to third parties except in accordance with the COTREX Privacy Policy.
You understand that by accessing or using the COTREX application that you may be exposed to Content that is or you may find to be offensive, indecent or otherwise objectionable. You agree that you are responsible for your own conduct and Content while using the COTREX application and for any consequences thereof. You agree to use the COTREX application only for purposes that are legal, proper and otherwise in accordance with these Terms of Service. By way of example, and not as a limitation, you agree that when accessing and using the COTREX application you will not:
Access or use of the COTREX application does not require the creation of a personal COTREX account. However, use of certain features of the COTREX application, including the recording or posting of information regarding trips completed using the COTREX application or accessing other users’ records or posts requires the submission of a user name and email address, and the creation of a COTREX account. If you create an account on the COTREX application, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account. You must immediately notify Colorado Parks and Wildlife of any unauthorized uses of your account and any other breaches of security.
By submitting or providing Content to the COTREX application you grant Colorado Parks and Wildlife a world-wide, royalty free, and non-exclusive license to use, reproduce, modify, adapt and publish the content as part of Colorado Parks and Wildlife’s operation of the COTREX application or any other wildlife, parks or outdoor recreational program owned or operated by Colorado Parks and Wildlife. Colorado Parks and Wildlife also has the right, but not the obligation, to (1) refuse or remove any Content that violates any of these Terms of Services or is otherwise objectionable, or (2) terminate or deny access to or use of the COTREX application to any individual or entity based on any violation of these Terms of Service. Colorado Parks and Wildlife also has the right to edit any submitted or provided Content for the purpose of correcting factual errors, removing copyright violations and changing or deleting any Content that is otherwise in violations of these Terms of Service.
By accessing and using the COTREX application, you may not:
If you record or post any Content to the COTREX application or otherwise make or allow a third party to make Content available by means of the COTREX application, you are solely and entirely responsible for the content of, and any harm resulting from that Content. That is the case regardless of the form of the Content, including, but not limited to, text, maps, graphics, photographs, data, audio or video files, and computer software. By submitting or providing Content to the COTREX application, you represent and warrant that:
Colorado Parks and Wildlife is committed to complying with all copyright and related laws, and all users of the COTREX application are required to comply with these laws. If you believe the material located on or linked to by the COTREX application violates your copyright, you are encouraged to immediately notify Colorado Parks and Wildlife. Colorado Parks and Wildlife will respond to all such notices, including, as required or appropriate, by removing the infringing material or disabling all links to the infringed material. Colorado Parks and Wildlife will terminate any user’s access to or use of the COTREX application if the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Colorado Parks and Wildlife or others.
These Terms of Service do not transfer to you any Colorado Parks and Wildlife or third party intellectual property, and as between the parties all right, title and interest in and to such property will remain with Colorado Parks and Wildlife. Colorado Parks and Wildlife, the Colorado Parks and Wildlife logo, COTREX and all other trademarks, service marks, graphs and logos used in connection with the COTREX application are trademarks or registered trademarks of Colorado Parks and Wildlife or its licensors. Other trademarks, service marks, graphics or logos used in connection with the COTREX application may be trademarks of other third parties. Your access or use of the COTREX application grants you no rights or license to reproduce or otherwise use any Colorado Parks and Wildlife or third party trademarks.
Colorado Parks and Wildlife reserves the right to make changes to these Terms of Service. When changes are made, Colorado Parks and Wildlife will make a new copy of the Terms of Service available (at https://trails.colorado.gov/terms). You understand and agree that by accessing or using the COTREX application after the date on which the terms have changed, you accept the updated Terms of Service. If you disagree with the updated Terms of Service you should immediately stop accessing or using the COTREX application. Any continued access to or use of the COTREX application will be subject to the updated Terms of Service.
Colorado Parks and Wildlife may terminate your access to or use of the COTREX application at any time, effective immediately, for any violation of the Terms of Service.
You represent and warrant that your access to and use of the COTREX application will be in strict compliance with these Terms of Service, including but not limited to the COTREX Privacy Policy, and all applicable laws and regulations, including, but not limited to, any local laws or regulations in your country, state, city or other governmental area, regarding online conduct and acceptable content, and that your use of the COTREX application will not infringe or misappropriate the intellectual property rights of Colorado Parks and Wildlife or any third party.
You agree to defend, indemnify, save and hold harmless the State, its agencies, including, but not limited to, Colorado Parks and Wildlife, its employees, agents and contractors, against any and all claims, damages, liability and court awards including costs, expenses and attorney fees, and related costs incurred as a result of any act or omission by you related to your access to or use of the COTREX application. Colorado Parks and Wildlife reserves the right to assume exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Colorado Parks and Wildlife in all respects.
Colorado Law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of these Terms of Service. Any provisions included or incorporated herein by reference which conflicts with said laws, rules and regulations shall be null and void. Any provisions incorporated herein by reference which purports to negate this or any other provision of these Terms of Service in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of these Terms of Service to the extent they are capable of execution. All suits or actions related to these Terms of Service shall be filed and proceedings held in the State of Colorado and venue shall be in the City and County of Denver. Colorado Parks and Wildlife does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in these Terms of Service or incorporated herein by reference shall be null and void.
These Terms of Service constitutes the entire agreement between Colorado Parks and Wildlife and you regarding the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Colorado Parks and Wildlife, or by the posting of a updated version of these Terms of Service.
If any part of these Terms of Services are held invalid or unenforceable, that part will be construed to reflect the parties’ original intent and the remaining provisions will remain in full force and effect.
A waiver by Colorado Parks and Wildlife of any term or condition of these Terms of Service or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
Enforcement of these Terms of Service and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. Any services or benefits which third parties receive as a result of these Terms of Service are incidental to the Terms of Service, and do not create any rights for such third parties.