Welcome to DirtPass. These Terms of Service (“Terms”) are a binding agreement between you and DirtPass (“DirtPass,” “we,” “us,” or “our”) governing your access to and use of the DirtPass mobile app, website, and related services (collectively, the “Service”).
Please read these Terms carefully. They include an assumption of risk and release (Section 4), disclaimers of warranties (Section 13), a limitation of liability (Section 14), and a binding arbitration agreement and class-action waiver (Section 18) that affect your legal rights. By creating an account, downloading the app, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility & Accounts
You must be at least 13 years old to use the Service. If you are under the age of 18 (or the age of majority where you live), you may only use the Service with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
You are responsible for the information you provide, for keeping your login credentials secure, and for all activity that occurs under your account. You agree to provide accurate information and to notify us promptly of any unauthorized use. We may refuse, suspend, or terminate accounts at our discretion.
2. What DirtPass Is
DirtPass is an informational and community platform that helps riders discover tracks, check in with other riders, log their bikes, follow a feed, plan and find events, and connect with the motocross community. DirtPass is a venue and a tool — not a participant. We do not own, operate, inspect, sanction, supervise, or control any track, ride, event, or activity, and we do not employ, vet, or supervise riders, organizers, or other users.
3. License to Use the Service
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial use. You may not copy, modify, distribute, sell, lease, reverse-engineer, scrape, or create derivative works of any part of the Service except as expressly permitted by law.
4. Assumption of Risk; Riding Is Dangerous; Release
You expressly understand and agree that:
- DirtPass does not inspect, certify, sanction, supervise, or guarantee the safety, condition, legality, accessibility, or suitability of any track, trail, facility, route, event, ride, or activity listed on or organized through the Service.
- You are solely responsible for your own safety and decisions, including evaluating conditions, wearing appropriate protective gear, riding within your ability, maintaining your equipment, obtaining any required training, insurance, and medical clearance, and following all track rules and applicable laws.
- Track conditions, hours, access, rules, ratings, and other information are provided by users and third parties, may be inaccurate, incomplete, or out of date, and must be independently verified before you rely on them.
To the fullest extent permitted by law, you knowingly and voluntarily assume all risks associated with your use of the Service and any riding or activity related to it, and you release, waive, and discharge DirtPass and its owners, officers, employees, and agents from any and all claims, liabilities, demands, and damages of any kind — including those for personal injury, death, or property damage — arising out of or relating to your riding, any track or event, the conduct of any user, or your use of the Service, whether based on negligence or any other theory.
5. Tracks, Reviews & User Submissions
Track listings, reviews, ratings, conditions, and submissions are generated by users. We do not verify them. If you submit a track or location, you represent that you have the right to do so and that the information is accurate. You are responsible for respecting private property, access restrictions, and trespassing and land-use laws. Always confirm access and permission before riding anywhere.
6. Check-Ins, Location & Safety Features
The Service includes location-based features such as check-ins and safety-related notifications. These features depend on your device, connectivity, and third-party services, and may be delayed, inaccurate, or unavailable.
You control what location information you share. Sharing your location, and viewing others' shared locations, is done at your discretion and risk.
7. Events
Events are created, organized, and run by users — not by DirtPass. We do not host, sponsor, vet, or supervise events, organizers, or attendees, and an RSVP or attendee count is not a guarantee of anything. You are responsible for evaluating any event and attend entirely at your own risk. Organizers are solely responsible for their events, including permits, permissions, safety, and compliance with applicable laws.
8. Garage & Service Logs
Garage features, hours tracking, service reminders, and setup configurations are provided for your convenience and general informational purposes only. They are not professional mechanical, safety, or engineering advice. Always have your equipment inspected and serviced by a qualified professional.
9. Marketplace & Transactions Between Users
Where the Service lets users list, buy, sell, or trade bikes, parts, gear, or other items, DirtPass acts only as a venue to connect users. DirtPass is not a party to, and is not responsible for, any transaction between users. We do not buy, sell, inspect, store, ship, escrow, or guarantee any item, and we do not process payments between users unless expressly stated.
You are solely responsible for:
- Inspecting items, verifying condition, ownership, title, and authenticity, and confirming an item is legal to sell, buy, and use in your area.
- Complying with all laws and taxes applicable to the transaction, including titling, registration, safety, and recall requirements.
- Arranging safe payment and meeting in a safe, public manner.
All items are offered “as is” by the seller, and any dispute is solely between the buyer and seller.
10. Your Content & License to Us
You retain ownership of the photos, videos, messages, comments, and other content you submit (“User Content”). By submitting User Content, you grant DirtPass a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, modify, adapt, publish, display, and distribute that content in connection with operating and promoting the Service.
You represent that you own or have the rights to your User Content and that it does not violate these Terms or any law or third-party right. You are solely responsible for your User Content. We may remove any content at our discretion.
11. Acceptable Use
You agree not to:
- Post content that is unlawful, harmful, harassing, abusive, defamatory, obscene, hateful, or infringing, or that violates anyone's privacy or intellectual property rights.
- Impersonate others, misrepresent your affiliation, or share another person's precise location or private information without consent.
- Encourage or facilitate illegal, reckless, or dangerous activity, including trespassing.
- Use the Service to spam, defraud, or distribute malware; scrape or harvest data; or interfere with, disrupt, or attempt to gain unauthorized access to the Service.
12. Intellectual Property
The Service, including its software, design, the DirtPass name and logo, and all related content (other than User Content), is owned by DirtPass and protected by intellectual property laws. Except for the limited license granted to you, no rights are transferred to you.
13. Disclaimers of Warranties
The Service and all content and information are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, DirtPass disclaims all warranties, including merchantability, fitness for a particular purpose, title, and non-infringement, and does not warrant that the Service will be uninterrupted, secure, error-free, or that any information (including track, condition, location, event, or marketplace information) is accurate, complete, current, or reliable.
14. Limitation of Liability
To the fullest extent permitted by law, DirtPass and its owners, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or for any personal injury, death, or property damage, arising out of or relating to your use of (or inability to use) the Service, any riding, track, event, transaction, or the conduct of any user — whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been advised of the possibility of such damages.
To the extent any liability is not legally excludable, DirtPass's total aggregate liability arising out of or relating to the Service and these Terms will not exceed the greater of the amount you paid us, if any, in the twelve months before the claim, or one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
15. Indemnification
You agree to defend, indemnify, and hold harmless DirtPass and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your User Content, your riding or participation in any activity or event, your transactions with other users, or your violation of these Terms or any law or third-party right.
16. Third-Party Services
The Service may link to or rely on third-party services, content, and websites. We are not responsible for them, and your use of them is governed by their own terms.
17. Termination
You may stop using the Service at any time and may delete your account in the app. We may suspend or terminate your access at any time, with or without notice, for any reason, including violation of these Terms. Provisions that by their nature should survive — including Sections 4, 10, and 13 through 18 — survive termination.
18. Governing Law & Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules. Please read this section carefully — it affects how disputes are resolved.
Any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered under the rules of a recognized arbitration provider, rather than in court, except that either party may bring an individual claim in small-claims court. You and DirtPass agree to bring claims only in an individual capacity and waive any right to participate in a class, collective, or representative action. You may opt out of arbitration by emailing us within 30 days of first accepting these Terms. To the extent any dispute proceeds in court, it will be brought exclusively in the state or federal courts located in Powhatan County, Virginia, and you consent to their jurisdiction.
19. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms on this page with a new effective date, and your continued use of the Service after changes take effect means you accept the revised Terms.
20. General
These Terms, together with our Privacy Policy, are the entire agreement between you and DirtPass regarding the Service. If any provision is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely.
21. Contact
Questions about these Terms? Reach us at support@dirtpass.com.