TERMS OF USE

You have accessed the Terms and Conditions applicable to the websites of John Trail. The websites include johntrail.com, johntrail.net, johntrail.org, johntrail.biz, johntrail.info, johntrail.mobi and any additional websites owned and/or operated by John Trail.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF ANY AND ALL JOHN TRAIL WEBSITES. BY USING JOHN TRAIL'S WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND ANY SUPPLEMENTAL TERMS AND CONDITIONS THAT MAY GOVERN YOUR USE OF THE PARTICULAR JOHN TRAIL'S WEBSITE, AS THESE TERMS AND CONDITIONS MAY BE MODIFIED BY JOHN TRAIL FROM TIME-TO-TIME AND POSTED ON THIS OR THE APPLICABLE JOHN TRAIL'S WEBSITE.

Each user of a John Trail Website agrees as follows:

1. Copyrights and Other Intellectual Property.

Except as otherwise noted in a John Trail Website, all information, documentation and other content posted in a John Trail Website (collectively, the "Information") is the property of John Trail. Without limiting the foregoing, the graphics, icons and overall appearance of the John Trail Website are the property of John Trail. The posting of Information does not constitute a waiver of any of John Trail's proprietary rights in or related to such Information (such as, but not limited to, patents, copyrights and trademarks) or a transfer of any such rights to you or any third party. The Information is protected by U.S. and international copyright laws, both as individual works and as a collection. You agree not to delete any copyright or similar notice from any Information. You may not sell or republish, or copy for other than your own individual use, the Information or any portion thereof without the prior written consent of John Trail.

Written requests for reprint or other permissions should be mailed, faxed or emailed to:

John Trail
336 East Brown Street
East Stroudsburg, PA 18301

Email: legal@johntrail.com

2. Links to Other Websites.

Periodically, links may be established between a John Trail Website and one or more websites operated or content provided by third parties. For purposes of these Terms and Conditions, the term "link" includes both outlinks (hypertext links to external websites or content) and inlinks (hypertext links that draw material from other sources into a John Trail Website). John Trail has no control over any such other websites, their contents or their operators and will have no liability arising out of or related thereto. The existence of any such links does not constitute an endorsement of such websites, the contents of the websites or the operators of the websites. Please note that each of these websites maintains its own privacy and data collection policies and procedures. If you visit a third party website that is linked to a John Trail Website, John Trail's privacy policies will no longer apply, and you should consult that site's privacy policy, if any.

3. Use of John Trail's Logo and Other Marks.

John Trail names, logos, designs, slogans, trademarks and service marks may not be used in any advertising, publicity or promotion or in any other commercial manner without the prior written consent of John Trail. John Trail's logo may be used as a web page link in some circumstances, provided you obtain John Trail's prior written consent.

4. User Registration and Account Creation, User Name ID and Password Security.

Should any portion of a John Trail Websites provide for registration and the creation of a user account and you wish to register and create a user account, you agree that you will provide John Trail with certain registration information, all of which will be accurate, truthful, and current. You agree that you will not: (i) select a username that, to your knowledge, is already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username or password that John Trail, in his sole discretion, deems offensive or inappropriate. John Trail has no obligation to verify the authenticity of any registration information, but reserves the right to refuse to create your account for any reason, including an inability to verify the authenticity of your registration information. You are solely responsible for maintaining the confidentiality of your passwords. John Trail will have the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance. John Trail reserves the right to terminate access to all or any portion of a John Trail Website in his sole discretion, at any time without notice. Where applicable for a specific John Trail Website, John Trail will handle user information that you submit in accordance with the website's Privacy Policy.

5. Designated Agent For Notice Of Alleged Copyright Infringement.

John Trail respects the intellectual property of others and we expect visitors to our web pages to do the same. John Trail reserves the right, in its sole discretion, to remove, take down or delete material transmitted to John Trail by any electronic means or posted into any portion of a John Trail Website that John Trail believes in its sole judgment may infringe on the intellectual property rights of John Trail or others.

If you believe that a John Trail Website has been used to infringe your copyrighted work, please notify John Trail as soon as the allegedly infringing activity comes to your attention. Notice should be provided to John Trai'sl copyright notice agent in the manner prescribed below. Your notice should contain the following information and any other information you believe is appropriate to assist John Trail:

A physical or electronic signature of the person submitting the notice of the alleged infringed right.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered, a representative list of such works at that site.

Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access should be disabled, and information reasonably sufficient to permit John Trail to locate the material.

Your address, telephone number, and if available, an electronic mail address at which you may be contacted, or other information reasonably sufficient to permit John Trail to contact you.

A statement that you, in good faith, believe that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
John Trail's agent for notice of alleged copyright infringement involving a John Trail Website can be reached here . If you wish to contact John Trail concerning any other issue, please click here.

This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act (OCILLA) and will be interpreted by John Trail to meet the requirements of OCILLA in John Trail's judgment.

6. Third Party Products and Services.

From time to time, products and services provided by third parties (the "Third Party Services") may be offered for sale or made available through or by links from a John Trail Website. Except to the extent expressly stated otherwise on a John Trail Website, John Trail has no control over any such Third Party Services. In no event will John Trail have any liability arising out of or related to the Third Party Services. Any such offer of the Third Party Services does not constitute an endorsement by John Trail of the Third Party Services or the providers thereof.

7. Non-Confidentiality of Communications.

If you send a message or information to a John Trail Website, such as (but not limited to) an e-mail to the Webmaster, you hereby grant to John Trail the right to read, use, distribute, disclose, store, keep and otherwise handle the communication and any related information as John Trail deems appropriate in its sole judgment, except to the extent the John Trail Website provides specific other protections for messages or other information in the Website privacy policy. YOU ARE HEREBY ADVISED THAT, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE ON A JOHN TRAIL WEBSITE, NO FACILITIES ARE PROVIDED AND NO PROVISIONS ARE MADE FOR SENDING OR RECEIVING CONFIDENTIAL COMMUNICATIONS. TO THE EXTENT SUCH FACILITIES ARE PROVIDED OR PROVISIONS ARE MADE, IT IS SOLELY ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED.

8. No Warranties; Limitation of Liability.

Although John Trail attempts to provide useful Information, John Trail does not guarantee that the Information is accurate, current or suitable for any particular purpose. John Trail assumes no obligation to update or continue to post the Information. John Trail does not guarantee that access to any John Trail Website will be uninterrupted, that any John Trail Website will be free of viruses or that a John Trail Website cannot be tampered with by third parties. While John Trail has implemented security measures designed to protect most information sent to the John Trail Websites, John Trail does not guarantee that information sent to a John Trail Website will not be obtained, reviewed, disclosed or tampered with by third parties. THE JOHN TRAIL WEBSITES, THE INFORMATION AND ANY SOFTWARE RELATED THERETO ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THE JOHN TAIL WEBSITES, THE INFORMATION AND SUCH SOFTWARE IS AT THE USER'S SOLE RISK. IN NO EVENT WILL JOHN TRAIL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO ANY JOHN TAIL WEBSITE (INCLUDING, BUT NOT LIMITED TO ANY SOFTWARE RELATED THERETO), ANY WEBSITE OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN ANY JOHN TRAIL WEBSITE OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF JOHN TRAIL IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

9. Choice of Law; Access Restrictions.

These Terms and Conditions will be construed in accordance with the substantive laws of the State of Pennsylvania, United States of America, excluding provisions of Pennsylvania law concerning choice-of-law that would result in the laws of any state other than Pennsylvania being applied. However, the Uniform Computer Information Transactions Act (or any substantially similar law enacted by Pennsylvania) will not apply to these Terms and Conditions, and instead the law of Pennsylvania as it exists without reference to the Uniform Computer Information Transactions Act will apply. JOHN TRAIL OPERATES THE JOHN TRAIL WEBSITES FROM ITS OFFICES IN THE STATE OF PENNSYLVANIA OF THE UNITED STATES OF AMERICA. JOHN TRAIL MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION IS APPROPRIATE OR LEGALLY AVAILABLE FOR DISTRIBUTION, DISPLAY OR USE IN LOCATIONS OTHER THAN THE UNITED STATES OF AMERICA, AND ACCESS TO THE INFORMATION FROM JURISDICTIONS WHERE SUCH ACTIVITIES ARE NOT LEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS OR USE ANY INFORMATION FROM A JOHN TRAIL WEBSITE, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT SUCH ACCESS AND USE IS PERMISSIBLE UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

10. Export Laws.

Software and encryption codes from the John Trail Websites may be subject to United States export control laws and regulations ("Export Laws"). No software or encryption codes from may be downloaded from any John Trail Website or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in a manner that otherwise violates the Export Laws. By downloading or using any such software or encryption codes, you represent and warrant that you will comply with all applicable Export Laws related thereto.

11. Supplemental Terms and Conditions.

Supplemental or different terms and conditions than those set forth in these Terms and Conditions may be applicable to information you receive or transactions you engage in using a John Trail Website. Any such supplemental or different terms and conditions (i) will be disclosed to you, either by being posted on the applicable John Trail Website or by being included in a separate agreement, (ii) will be in addition to these Terms and Conditions and (iii) may, where so indicated, expressly supersede specific portions of these Terms and Conditions.

12. General.

The provisions of these Terms and Conditions are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms and Conditions, and the Terms and Conditions will be construed as if such unenforceable provision had not been contained herein. No waiver by John Trail of any right under or provision of these Terms and Conditions will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time.