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Website Terms of Service

Effective Date: June 8, 2026

These Website Terms of Service (these "Terms") constitute a legally binding agreement between you ("you" or "your") and LV Trail LLC, a New Jersey limited liability company ("Company", "we", "us", or "our"), governing your access to and use of our website located at lvtrail.com (the "Site"). These Terms apply solely to your use of the Site. The website design, development, local search presence, and related services offered by Company (the "Services") are provided under a separate Client Service Agreement entered into at the time of engagement and are not governed by these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

1. Definitions

For purposes of these Terms, the following capitalized terms have the meanings set forth below:

"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, moral rights, contract rights, and other intellectual property rights, whether registered or unregistered, throughout the world.

"Services" means the website design, development, local search presence, and related services offered by Company and described on the Site. The Services are provided pursuant to a separate Client Service Agreement and are not governed by these Terms.

2. Acceptance of Terms

Binding Agreement. By accessing the Site or submitting an inquiry through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

Modifications to Terms. Company reserves the right to modify these Terms at any time in its sole discretion. We will provide notice of material changes by posting the updated Terms on the Site with a revised "Effective Date" or by sending notice to the email address associated with your account. Your continued use of the Site or Services after the effective date of the modified Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must discontinue use of the Site and Services.

Separate Client Service Agreement. These Terms govern your use of the Site only. Any Services provided by Company are subject to a separate Client Service Agreement. In the event of a conflict between these Terms and a Client Service Agreement with respect to the Services, the Client Service Agreement shall control.

3. Eligibility

Age Requirement. The Site is intended solely for users who are at least eighteen (18) years of age. By using the Site, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into these Terms.

Business Capacity. If you are accessing the Site on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" herein shall refer to that entity.

Compliance with Laws. You represent and warrant that your use of the Site complies with all applicable federal, state, and local laws and regulations, including all laws of the State of New Jersey.

4. About the Site

The Site is an informational website that describes Company's website design, development, and local search presence services for small businesses, provides information about Company, and allows prospective clients to contact Company. The Site is intended for business owners and professionals and is not intended for personal, family, or household use.

Services Provided Under Separate Agreement. The specific scope, specifications, deliverables, timelines, and fees for any Services are governed exclusively by a separate Client Service Agreement between Company and the client and are not governed by these Terms.

Informational Purposes. The Site, including descriptions of Company's services, examples, pricing, and any estimated outcomes, is provided for informational purposes only and does not constitute an offer or a guarantee of any particular result. Company's disclaimers regarding results and outcomes are set forth in Article 11

5. Intellectual Property

Site Content. All content on the Site, including text, graphics, logos, images, and the design, layout, and arrangement of the Site, is owned by Company or its licensors and is protected by applicable Intellectual Property Rights. Except as expressly permitted, you may not copy, reproduce, distribute, modify, publicly display, or create derivative works from any content on the Site without Company's prior written permission.

Demo Pages. Any demonstration pages, mockups, or sample websites created by Company for prospective clients remain the sole property of Company, including all Intellectual Property Rights therein, until a Client Service Agreement is executed and the applicable setup fee is paid in full.

6. Acceptable Use

Prohibited Conduct. You agree not to use the Site to:

  • Violate any applicable federal, state, local, or international law or regulation.
  • Infringe or violate the Intellectual Property Rights, privacy rights, or other rights of any third party.
  • Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, or otherwise objectionable.
  • Transmit any viruses, worms, malware, or other malicious code.
  • Interfere with or disrupt the integrity or performance of the Site or Services.
  • Attempt to gain unauthorized access to the Site, Services, or any related systems or networks.
  • Use any automated means, including robots, scrapers, or data mining tools, to access or collect data from the Site without Company's prior written consent.
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

Enforcement. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this Article 6, including removing offending content, suspending or terminating access, and reporting violations to law enforcement authorities.

7. Third-Party Links and Content

Third-Party Content. The Site may contain links to third-party websites or content. Company does not endorse, control, or assume responsibility for any third-party websites or content. You access third-party websites and content at your own risk.

8. Privacy and Data Protection

Privacy Policy. Company's collection, use, and disclosure of personal information is governed by Company's Privacy Policy. By using the Site, you consent to Company's collection and use of personal information as described in the Privacy Policy.

Data Security. Company will implement reasonable administrative, technical, and physical safeguards designed to protect personal information collected through the Site. However, no security measures are perfect or impenetrable, and Company cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur.

Compliance with Privacy Laws. Company will comply with applicable data protection and privacy laws, including the California Consumer Privacy Act (CCPA) and, where applicable, the General Data Protection Regulation (GDPR), with respect to personal information collected through the Site.

9. Feedback and Suggestions

Voluntary Feedback. If you provide Company with any feedback, suggestions, ideas, enhancement requests, or recommendations regarding the Site or Services (collectively, "Feedback"), you acknowledge and agree that Company may use such Feedback for any purpose without obligation or compensation to you.

Assignment of Rights. You hereby assign to Company all right, title, and interest in and to the Feedback, including all Intellectual Property Rights therein. To the extent such assignment is not effective, you grant Company a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit the Feedback for any purpose.

10. Copyright Infringement and DMCA Compliance

Respect for Intellectual Property. Company respects the Intellectual Property Rights of others and expects users of the Site to do the same. It is Company's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).

DMCA Notice Procedure. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on or through the Site, you may notify Company's designated DMCA agent by providing the following information in writing:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on the Site, with sufficient detail that Company may locate the material.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Designated DMCA Agent. Company's designated agent for notice of claims of copyright infringement can be reached at:

LV Trail LLC
Attn: DMCA Agent
PMB 1099
530 Main St, Ste 3A, Chester, NJ 07930
Email: ops@lvtrail.com

Counter-Notification. If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Company's DMCA agent containing the information specified in 17 U.S.C. § 512(g)(3).

Repeat Infringers. Company may, in appropriate circumstances and at its sole discretion, terminate the accounts of users who are repeat infringers.

11. Disclaimer of Warranties

DISCLAIMER OF WARRANTIES. THE SITE AND ALL CONTENT AND INFORMATION ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE INFORMATION ON THE SITE IS COMPLETE, ACCURATE, OR CURRENT. PRICING, SERVICE DESCRIPTIONS, AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT NOTICE.

No Guarantee of Results. The information, service descriptions, examples, pricing, and any estimated outcomes shown on the Site or in Company's materials are provided for general informational purposes only and are illustrative; they do not constitute a representation, warranty, or guarantee of any particular result. Any performance commitments or disclaimers relating to the Services are governed exclusively by the applicable Client Service Agreement.

12. Limitation of Liability

EXCLUSION OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THIS LIMITATION APPLIES ONLY TO CLAIMS ARISING FROM USE OF THE SITE; ANY CLAIMS ARISING FROM THE SERVICES ARE GOVERNED BY THE APPLICABLE CLIENT SERVICE AGREEMENT.

Jurisdictional Limitations. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. To the extent any exclusion or limitation set forth in these Terms is held unenforceable in a particular jurisdiction, Company's liability shall be limited to the maximum extent permitted by applicable law.

Exceptions. The limitations set forth in this Article 12 shall not apply to (a) Company's gross negligence or willful misconduct, (b) your indemnification obligations under Article 13, or (c) liabilities that cannot be limited under applicable law.

Basis of the Bargain. You acknowledge that the limitations of liability set forth in these Terms reflect a reasonable allocation of risk and are an essential basis of the bargain between the parties.

13. Indemnification

Your Indemnification. You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, agents, contractors, successors, and assigns (the "Company Indemnified Parties") from and against any and all third-party claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

  • Your use of the Site in violation of these Terms.
  • Your breach of any representation, warranty, or obligation under these Terms.
  • Your violation of any applicable law or regulation.

Indemnification Procedure. Company will provide you with prompt written notice of any claim subject to indemnification under this Article 13; provided, however, that your indemnification obligations will not be excused by any failure or delay in providing such notice except to the extent you are materially prejudiced thereby. Company may participate in the defense of any such claim with counsel of its own choosing at its own expense. You shall not settle or compromise any claim in a manner that imposes any liability or obligation on, or requires any admission of fault by, any Company Indemnified Party without Company's prior written consent, which shall not be unreasonably withheld.

14. Suspension and Termination

Suspension by Company. Company reserves the right to suspend or terminate your access to the Site, with or without notice, if:

  • You breach any material term of these Terms.
  • Company reasonably believes that your use of the Site poses a security risk, violates applicable law, or may subject Company to liability.
  • Company is required to suspend access to the Site by law, regulation, court order, or governmental authority.

Termination by Company. Company may terminate these Terms or your access to the Site immediately upon written notice if:

  • You materially breach these Terms and fail to cure such breach within fifteen (15) days of receiving written notice of the breach; or
  • You engage in fraudulent, abusive, or illegal conduct in connection with the Site.

Effect of Termination. Upon termination of these Terms or your access to the Site, Your right to access and use the Site shall immediately cease.

Survival. The following provisions shall survive termination of these Terms: Article 1 (Definitions), Article 5 (Intellectual Property), Article 9 (Feedback and Suggestions), Article 11 (Disclaimer of Warranties), Article 12 (Limitation of Liability), Article 13 (Indemnification), Article 15 (Dispute Resolution), Article 16 (Governing Law and Venue), and Article 18 (General Provisions).

15. Dispute Resolution

Informal Resolution. In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Site (a "Dispute"), the parties agree to first attempt to resolve the Dispute informally by contacting the other party in writing and engaging in good faith negotiations for a period of at least thirty (30) days.

Mediation. If the parties are unable to resolve the Dispute through informal negotiation, the parties agree to submit the Dispute to non-binding mediation conducted by a mutually agreed-upon mediator in Morris County, New Jersey, before pursuing any other legal remedy.

Litigation. If the Dispute cannot be resolved through informal negotiation or mediation, either party may pursue legal remedies in the state or federal courts located in Morris County, New Jersey, in accordance with Article 16 below.

Injunctive Relief. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to protect its Intellectual Property Rights or to prevent irreparable harm, without the need for prior informal resolution or mediation.

Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY AGREES THAT ANY DISPUTE SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

16. Governing Law and Venue

Governing Law. These Terms and any Dispute arising out of or related to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law principles.

Exclusive Venue. Subject to the dispute resolution provisions set forth in Article 15, each party irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in Morris County, New Jersey, for any legal action or proceeding arising out of or related to these Terms or the Site. Each party waives any objection to venue in such courts and any claim that such courts are an inconvenient forum.

Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE.

17. Changes to the Site and Terms

Modifications. Company reserves the right to modify, suspend, or discontinue the Site or any feature, service, or content offered through the Site at any time, with or without notice, for any reason, including maintenance, improvements, security, legal compliance, or business reasons.

Liability. Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Site.

18. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between the parties regarding your use of the Site and supersede all prior or contemporaneous agreements, understandings, representations, and communications regarding such subject matter. Any Services are governed by a separate Client Service Agreement.

Amendments. No amendment, modification, or waiver of these Terms shall be effective unless in writing and signed by both parties, except that Company may modify these Terms as provided in Article 2.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions of these Terms shall remain in full force and effect.

Waiver. No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise expressly provided in writing. A party's failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or the right to enforce it.

Assignment. You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder, in whole or in part, without Company's prior written consent. Any attempted assignment in violation of this section shall be null and void. Company may freely assign these Terms, in whole or in part, without your consent. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

Notices. All notices, requests, and other communications required or permitted under these Terms shall be in writing and shall be deemed given:

  • When delivered personally.
  • When sent by confirmed electronic mail (email).
  • One (1) business day after deposit with a nationally recognized overnight courier service.
  • Three (3) business days after deposit in the United States mail, postage prepaid, certified or registered mail, return receipt requested.

Notices to Company shall be sent to:
LV Trail LLC PMB 1099, 530 Main St, Ste 3A, Chester, NJ 07930
Email: ops@lvtrail.com Attn: Gerard Fehling
Notices to you shall be sent to the email or mailing address provided by you when contacting Company through the Site.

Headings. The section and article headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms.

Electronic Communications. You consent to receive electronic communications from Company, including emails, notices posted on the Site, and messages sent through your account. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

Third-Party Beneficiaries. These Terms are for the sole benefit of the parties hereto and are not intended to confer any third-party beneficiary rights upon any other person or entity, except as expressly provided in Article 13 (Indemnification).

No Implied Licenses. Except as expressly set forth in these Terms, no license or right is granted by implication, estoppel, or otherwise under any Intellectual Property Rights of either party.

Relationship to Client Service Agreement. These Terms govern your use of the Site only. Any Services are governed by a separate Client Service Agreement. In the event of a conflict between these Terms and a Client Service Agreement with respect to the Services, the Client Service Agreement shall control.

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.