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Joey
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Joey
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PostSun Jan 21, 2024 11:37 am 
Do you use AllTrails, GAIA GPS or onXmaps? Surprise! Bet you did not know you are indemnifying those companies. Worst case translation: The company is sued and you must reimburse the company for the attorney fees they spend defending themselves. That is my understanding of the gist of “indemnification”. Disclaimer: I am not an attorney. Links to TOS agreements. Search for ‘indemn’. AllTrails https://www.alltrails.com/terms See screenshot below. I added the yellow hi-lite. GaiaGPS, Trailforks and more https://www.outsideinc.com/terms-of-use/ onXmaps https://www.onxmaps.com/tou

Anne Elk
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Cyclopath
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Cyclopath
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PostSun Jan 21, 2024 2:02 pm 
Joey wrote:
Worst case translation: The company is sued and you must reimburse the company for the attorney fees they spend defending themselves.
That sounds like if you sue Gaia, I have to come up with money to pay their lawyer? I don't think that's the case.

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Joey
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Joey
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PostSun Jan 21, 2024 3:10 pm 
Cyclopath wrote:
Joey wrote:
Worst case translation: The company is sued and you must reimburse the company for the attorney fees they spend defending themselves.
That sounds like if you sue Gaia, I have to come up with money to pay their lawyer? I don't think that's the case.
No. Here is my very general understanding of indemnification. 1. You do something with GAIA 2. Someone else relies on or uses whatever it was that you did. 3. That person is injured somehow and sues GAIA 4. You must reimburse GAIA for the cost of the attorneys they hired to defend themselves.

Cyclopath
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Tom
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Tom
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PostSun Jan 21, 2024 4:43 pm 
It's not necessarily usage, seems tied to contributions. You post something on their website, somebody sues them, they are limiting their liability as best they can. Similarly, you use their app or rely on information related to it, you get yourself into trouble, they are doing their best to limit their liability. Seems reasonable.

runup
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Cyclopath
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Cyclopath
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PostSun Jan 21, 2024 6:09 pm 
So this only applies to people who use these apps to update the maps everybody uses? If I use Gaia to see where I am on a satellite or topo map, nothing to worry about? (Except the usual: battery or the map being wrong.)

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Joey
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Joey
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PostSun Jan 21, 2024 7:24 pm 
Cyclopath wrote:
So this only applies to people who use these apps to update the maps everybody uses? If I use Gaia to see where I am on a satellite or topo map, nothing to worry about? (Except the usual: battery or the map being wrong.)
With the disclaimer that "I am not an attorney", I think your statement is correct. The risk to users like yourself comes if you add any info to the app that others then use.

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mike
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mike
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PostSun Jan 21, 2024 8:18 pm 
Well GaiaGPS uses OSM so is anyone who submits data liable?

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Sore Feet
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Sore Feet
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PostSun Jan 21, 2024 11:09 pm 
There are indemnification clauses in literally every Terms of Service you agree to in order to use (fill in the blank) these days. This is basically standard TOS legal boilerplate, and nothing new at all.

Bryan Swan Pictures - http://www.bryanswanphotography.com Waterfalls - www.waterfallsnorthwest.com

fourteen410, Cyclopath, zimmertr
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