Terms and Conditions

Welcome to WanderWise! These Terms and Conditions (the "Terms") govern your access to and use of the WanderWise website, services, and content (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

1. Acceptance of Terms

By using WanderWise, you affirm that you are of legal age to form a binding contract with us, or you have the consent of your parent or legal guardian. These Terms constitute a legally binding agreement between you and WanderWise, a fictional entity operating from the scenic region of the Cascade Mountains, specifically based in Bend, Oregon, USA.

2. Use of the Service

2.1 User Accounts

To access certain features of the Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify WanderWise immediately of any unauthorized use of your account or any other breach of security.

2.2 Permitted Use

WanderWise provides information and resources for recreational hiking and outdoor activities. You may use the Service for personal, non-commercial purposes. You agree not to use the Service for any unlawful purpose, or in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.

2.3 Prohibited Activities

The following activities are strictly prohibited:

• Using the Service in connection with any illegal activity.
• Attempting to gain unauthorized access to any part of the Service, other accounts, computer systems, or networks connected to the Service.
• Interfering with the security of the Service or any network connected to it.
• Uploading, posting, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or racially or ethnically objectionable.
• Transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.

3. Intellectual Property

All content on WanderWise, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of WanderWise or its content suppliers and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as expressly permitted by these Terms or with the prior written consent of WanderWise.

4. User-Generated Content

If you submit any content to WanderWise (e.g., reviews, comments, photos), you grant WanderWise a perpetual, non-exclusive, royalty-free, transferable, and worldwide license to use, copy, modify, create derivative works of, distribute, and publicly perform such content in connection with the Service and WanderWise's business. You represent and warrant that you own or otherwise control all of the rights to the content you submit and that your content does not infringe on the rights of any third party.

5. Disclaimers

WanderWise provides information for general guidance purposes only. Hiking and outdoor activities carry inherent risks. The information provided on WanderWise is not a substitute for professional advice, accurate weather forecasts, or proper safety training. You acknowledge and agree that:

• Nature of Risks: Outdoor activities, including hiking, can be dangerous and may result in serious injury, death, or property damage. Factors such as weather conditions, terrain, wildlife, and personal fitness levels can all contribute to these risks.
• No Guarantees: WanderWise does not guarantee the accuracy, completeness, or timeliness of any information provided. Trail conditions, regulations, and accessibility can change without notice.
• Reliance at Your Own Risk: You are solely responsible for assessing the risks associated with any outdoor activity and for taking appropriate precautions. Your reliance on any information provided by WanderWise is at your own risk.
• No Endorsement: Any mention of specific trails, gear, or providers on WanderWise does not constitute an endorsement or recommendation by WanderWise.

6. Limitation of Liability

To the fullest extent permitted by applicable law, WanderWise, its affiliates, officers, directors, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service; or
• Unauthorized access, use, or alteration of your transmissions or content.

This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if WanderWise has been advised of the possibility of such damage.

7. Indemnification

You agree to defend, indemnify, and hold harmless WanderWise, its affiliates, officers, directors, employees, agents, partners, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service;
• Your violation of any term of these Terms;
• Your violation of any rights of a third party, including without limitation any copyright, property, or privacy right; or
• Any claim that your content caused damage to a third party.

8. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal or state courts located in Deschutes County, Oregon, and you hereby consent to the personal jurisdiction of such courts. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

9. Modifications to the Service and Terms

WanderWise reserves the right to modify or discontinue the Service, temporarily or permanently, with or without notice. WanderWise also reserves the right to update these Terms at any time. We will notify you of any significant changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the new Terms.

10. Links to Other Websites

The Service may contain links to third-party websites or services that are not owned or controlled by WanderWise. WanderWise has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that WanderWise shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

11. Termination

WanderWise may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Accessibility Statement

WanderWise is committed to ensuring the accessibility of our website for people with disabilities. We strive to meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. We are continuously working to improve the user experience for everyone. If you encounter any accessibility barriers, please do not hesitate to contact us at [email protected]. More details can be found on our Accessibility Statement page.

13. Contact Us

If you have any questions about these Terms, please contact us:

WanderWise Outdoor Adventures LLC

127 NE Burnside St #202

Bend, OR 97701

Phone: (541) 555-HIKE (4453)

Email: [email protected]

Last Updated: October 26, 2023