Terms & Conditions
1. Acceptance of Terms
These Terms constitute a legally binding agreement between you and Black Gold ATV, developed and operated by Keith Nelson and Jessica Nielsen. Black Gold ATV reserves the right to modify these Terms at any time. When changes are made, users will be shown only the affected sections in the app and must re-accept before continuing.
2. Right to Refuse Service
Black Gold ATV reserves the exclusive, unconditional right to refuse service, suspend, or permanently terminate any account at any time. Grounds for termination include but are not limited to:
— Threats of violence or incitement to harm any person or group
— Harassment, intimidation, or coordinated abuse of other users
— Illegal activity conducted through or in connection with the app
— Political solicitation, candidate endorsements, or partisan content
— False identity information or impersonation
— Misuse of the SOS emergency system
— Private land trespass facilitated through app features
— Content inappropriate for all ages or violating community standards
— Any conduct Black Gold ATV determines to be harmful to the community or platform
No obligation to restore access, refund fees, or provide explanation exists upon termination.
3. Private Land Access
Access to any private property is entirely the responsibility of the rider. You must obtain explicit legal permission from landowners before entry and maintain all conditions of that agreement, written or verbal. BLACK GOLD ATV ASSUMES NO RESPONSIBILITY for any incident arising from your access to private property and is fully indemnified from any breach of a private land access agreement by you or any member of your riding party.
4. Assumption of Risk & Indemnification
ATV riding involves inherent and significant risk of injury, death, and property damage. You ride at your own risk. Trail condition data, land access reports, and weather alerts are crowd-sourced or from third-party sources and are not verified by Black Gold ATV. You agree to indemnify and hold Black Gold ATV harmless from any claims arising from your use of the app or your conduct on any trail or property.
5. SOS Disclaimer
The SOS emergency broadcast is a community tool — NOT a substitute for calling 911. Black Gold ATV makes no guarantee that any rider will receive or respond to an SOS broadcast. Always contact professional emergency services directly in a life-threatening situation. Black Gold ATV assumes no liability for any outcome related to the use or non-use of the SOS feature.
6. Threats and Violence — Zero Tolerance
Black Gold ATV has an absolute zero-tolerance policy for threats of violence, incitement to violence, or communications designed to intimidate or facilitate harm to any person or group. General discussion of firearms, hunting, trail safety, wildlife, or outdoor photography is welcome and expected on this platform. Direct or contextual threats against any person or group result in immediate permanent termination without warning, without appeal, and without refund. Credible threats will be reported to law enforcement. Use of this platform to plan or coordinate any act of violence is a federal crime.
7. Political Neutrality
Black Gold ATV does not endorse any political candidate, party, or partisan cause. The platform will not be associated with any entity that seeks to restrict, sell, transfer, or otherwise remove public lands from the stewardship of the American people. Political content in any form is grounds for immediate account termination.
8. Firearms
Users who carry firearms are solely responsible for legal compliance in their jurisdiction and on specific land types. Black Gold ATV is NOT responsible for any action involving a firearm by any user or any person present on a ride. Carry legally, carry responsibly, and be aware of your surroundings and companions at all times.
9. Real Identity Requirement
All accounts must display a real face photograph of the account holder. No helmets, face coverings, avatars, animals, or vehicles permitted. Accounts using false identity information may be terminated immediately.
10. Payments & Subscriptions
Subscription fees are billed monthly or annually as selected. Fees are generally non-refundable. One-time fees including sponsorships, dealer listings, and Community Fund donations are non-refundable. Stripe processes all payments — Black Gold ATV does not store payment card data. Continued use after a price change constitutes acceptance of new pricing.
11. Age Requirements
Users must be 13 or older to create an account, in compliance with the Children's Online Privacy Protection Act (COPPA). Users aged 13-17 require verifiable parental consent before account activation. Certain features require users to be 18 or older.
12. Limitation of Liability
THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BLACK GOLD ATV SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. MAXIMUM LIABILITY SHALL NOT EXCEED THE GREATER OF FEES PAID IN THE PRIOR 12 MONTHS OR $50.00.
13. Dispute Resolution
Disputes shall be resolved by binding arbitration under North Dakota law in Williams County, ND. You expressly waive the right to participate in any class action lawsuit or class-wide arbitration proceeding.
14. Severability
If any provision is found unenforceable, the remaining provisions continue in full force and effect.
15. Contact
Questions regarding these Terms: support@blackgoldatv.com