Limitation of Liability

. FUNTREKS PROVIDES THE SERVICE AND THE CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. FUNTREKS HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,

FITNESS

FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. Without limiting the above,

Funtreks

disclaims any warranties relating to the accuracy of the Service, the trail maps, content, trail conditions, directions, or navigation routes presented or displayed in or by the Service. For instance, existing trails may be missing from the Service and/or trails listed on the Service may be nonexistent.

You acknowledge and agree that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and that you further acknowledge and agree that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws and regulations while using the Service.

Funtreks

does not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secure from unauthorized access, immune from damages, free of malfunctions, bugs or failures, including without limitation, hardware failures, software failures, and software communication failures, originating either in

Funtreks

or any of its providers.

FUNTREKS, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT OR ERROR MADE BY FUNTREKS STAFF OR ANYONE ACTING ON FUNTREKS’ BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT THROUGH THE SERVICE.

IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS OR MALFUNCTIONS.