Terms & Conditions

The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and Pur-suit, LLC (“Pursuit,” “we,” or “us”) with respect to your use of our website available at www.mypursuitapp.com (the “Site”), Pursuit-branded mobile applications (“Applications”), and the services available on such platforms (together with the Site and Applications, the “Services”), including any Content (as defined in Section 2 below). By accessing or using the Services in any manner (whether automated or otherwise), you accept and agree to be bound by these Terms of Use and our Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, do not use the Services.

By using the SERVICES, you affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside), or that your PARENT OR LEGAL GUARDIAN HAS SIGNED AND RETURNED A CONSENT FORM TO PURSUIT AFFIRMING THAT HE OR SHE AGREES TO THESE TERMS OF USE on your behalf and takes full responsibility for your compliance with them. You agree that you (and your PARENT OR LEGAL GUARDIAN) are fully able and competent to enter into and comply with these Terms of Use. If you are under 18 years of age, you understand that you cannot later void this agreement with Pursuit as a minor without losing access to THE SERVICES and your PARENTS OR LEGAL GUARDIANS being held responsible for your actions and any obligations you have incurred while accessing and using the SERVICES as if you were an adult.

Changes to Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding to you.

Scope of and Restrictions on Use.

Subject to these Terms of Use, Pursuit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Services for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”), and (b) download and install the Applications on a single mobile device owned or otherwise controlled by you (“Mobile Device”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed, reused or modified for any purpose, without the express written permission of Pursuit.

You agree not to:

collect information from the Services using an automated software tool or manually on a mass basis;
use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
obtain, or attempt to obtain, access to areas of the Site, an Application, or our systems that are not intended for access by you;
“flood” the Site or an Application with requests or otherwise overburden, disrupt, or harm the Services or our systems;
restrict or inhibit other users from accessing or using the Services;
modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or an Application or in the Content; or access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

If you download an Application, you further agree not to:

copy the Application (except to install one copy on your Mobile Device);
modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

Ownership.

The Services and Content are owned by Pursuit or its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site and/or an Application are registered and unregistered marks of Pursuit and its licensors. Applications are licensed, not sold, to you. You acknowledge and agree that, as between you andPursuit, Pursuit is and shall remain the sole owner of the Services and the Content (except for your User Content, as defined in Section 5.1 below), including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

Account Registration and Security.

Access to and use of certain Services may require you to register for an account (“Account”). Accounts are available only to individual, natural persons who are adults or, in the discretion of an adult, his or her minor children ages 13 and over. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You may not share your Account with anyone or allow anyone else to access or use your Account, other than your parents or legal guardians who have rights to access and manage your Account if you are a minor. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. If you are a parent or legal guardian, you may permit your child to use the Account instead of you, however you are liable for the activities of your child.

You are responsible for maintaining the confidentiality of your Account information, including your username and password. You agree to immediately notify Pursuit of any unauthorized use of your Account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

User Content.

User Content and Restrictions.

The Services may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) ideas, information, materials, and other user-generated content (“User Content”) and interact with others through user comment areas, message boards, and similar user-to-user areas. You may not post any User Content that:

is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy right or right of publicity, or otherwise objectionable;
promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
contains any material that could give rise to any civil or criminal liability under applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use;
infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
encourages criminal conduct;
contains false, misleading, fraudulent, or deceptive claims or content;
gives the impression that it emanates from or is endorsed by Pursuit or any other person or entity, if this is not the case; or contains any virus, malware, spyware, or other harmful content or code.

Rights You Grant to Us.

You hereby grant to Pursuit an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you.

No Responsibility.

You agree that you are solely responsible for your User Content, and that you have the right to post any User Content that you post on or through the Services. You acknowledge and agree that Pursuit is not responsible for, and does not endorse, any User Content.

No Obligation to Prescreen, Monitor or Use.

Pursuit does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Services. However, Pursuit retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.

Unsolicited Submissions.

Pursuit does not accept or consider unsolicited submissions of any kind (e.g., concepts, creative ideas or suggestions, artwork, photographs, drawings, videos, audiovisual works, or any other materials) in any format, by any means of transmission (including email). This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Pursuit might seem to others to be similar to their own creative ideas, suggestions, or materials. Do not send any unsolicited submissions to Pursuit.

Confidentiality.

Except as otherwise set forth in our Privacy Policy, all User Content posted on or through the Services shall be deemed to be non-confidential and non-proprietary, and Pursuit will not be liable for any use or disclosure of such User Content. Please be aware that any User Content you post publicly on or through the Services will be accessible and viewable by other users.

Communications.

Electronic Communications between You and Pursuit.

The communications between you and Pursuit via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Communications from Participating Organizations and Other Users.

By applying for or registering to participate in an Activity via the Services, you understand and agree that you may receive communications from the applicable Participating Organization and their designees in the normal course of utilizing the Services. You may update your Account settings to stop receiving emails and/or other communications from a particular Participating Organization.

Privacy Policy.

You acknowledge and agree that all information collected by Pursuit is subject to our privacy policy By using the Services, you consent to all actions we take with respect to your information in compliance with the Privacy policy.

Application Updates.

Pursuit may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that Pursuit has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, either (a) an Application will automatically download and install all available Updates, or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Applications or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Applications and will be subject to these Terms of Use.

Change and Suspension.

Changes to the Services.

Pursuit reserves the right to make changes to, suspend or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that Pursuit will not be liable to you or to any third party for any such change, suspension, or discontinuance.

Suspension/Termination of Access.

Pursuit has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of Use. In the event that we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Disclaimers; Limitation of Liability.

Disclaimer of Warranties.

THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND PURSUIT HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER PURSUIT NOR ANY PERSON ASSOCIATED WITH PURSUIT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER PURSUIT NOR ANYONE ASSOCIATED WITH PURSUIT REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability.

To the fullest extent permitted by law, IN NO EVENT WILL PURSUIT OR its OFFICERS, directors, employees, agents, licensors, OR service providers BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, YOUR DEALINGS WITH PARTICIPATING ORGANIZATIONS OR OTHER USERS, transportation to or from aCTIVITIES, AND YOUR PARTICIPATION IN ACTIVITIES and the actions of you or others at ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 12.2, PURSUIT IS FOUND LIABLE FOR LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF USE, IN NO EVENT WILL PURSUITS AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO PURSUIT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100.00, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

Exclusions.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 12 may not apply to you.

Indemnification.

You agree to indemnify, defend, and hold Pursuit and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services and/or any Content, your participation in any Activity, or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms of Use.

Copyright Infringement.

Pursuit takes claims of copyright infringement seriously. It is Pursuit’s policy to disable and/or terminate the Accounts of users who are repeat infringers. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site or an Application infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:

your physical or electronic signature;
identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site or an Application, a representative list of such works;
identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
a statement that the information in your written notice is accurate; and a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent to receive DMCA notices is:

Robert Hudson
Pursuit
5400 Mt Meeker Rd
Boulder CO, 80301
rob@pursuit.net

*NOTE: This contact information is for inquiries regarding potential copyright infringement only. For notices sent via email, please include “DMCA” in the email subject line.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Site or an Application is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Third Party Materials.

The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that Pursuit is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality or any other aspect thereof. Pursuit does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

Third Party Platforms.

Pursuit may provide the Services to you through third party websites, operating systems, platforms, and portals, including social networking sites (collectively, “Third Party Platforms”). Additional terms and conditions will apply to you with respect to your use of Third Party Platforms, which are not under Pursuit’s control. Pursuit does not assume any responsibility or liability for your use of such Third Party Platforms.

The following additional terms and conditions apply to an Application only if it is designed for use on an Apple, Inc. (“Apple”) iOS-powered Mobile Device. You and Pursuit acknowledge that these Terms of Use are concluded between you and Pursuit only, and not with Apple, and Pursuit, not Apple, is solely responsible for the Application and the Content thereof. You agree that your license to use the Application is limited to the Apple iOS Mobile Device that you own or control and that your use of the Application shall be subject to the usage rules set forth in Apple’s then-current App Store Terms of Service. You and Pursuit agree that Apple shall have no obligation to provide maintenance and support services with respect to the Application. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Application. You agree that Pursuit, and not Apple, shall be responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to the Application. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Pursuit’s contact information for any questions or inquiries with respect to the Application is set forth in Section 19 below. You agree to comply with all applicable third party terms of agreement when using the Application. You agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use applicable to the Application. Upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

U.S. Export Controls.

The Applications may be subject to United States export laws, including the including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release any Application to, or make any Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, rules, and regulations, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making any Application available outside the United States.

Miscellaneous.

Geographic Restrictions.

Pursuit is based in the State of Colorado in the United States. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law; Jurisdiction and Venue.

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Services or Content shall be instituted exclusively in the federal or state courts located in Denver, Colorado. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver of Jury Trial.

YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES OR CONTENT.

Waiver and Severability.

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement.

These Terms of Use, including our Privacy Policy constitute the sole and entire agreement between you and Pursuit with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Contact Us.

If you have any questions about the Services or these Terms of Use, you may email us at info@pursuit.net or write to us at the address below:

Pur-suit LLC

Last Modified: April 21, 2024