Effective Date: November 2024
Welcome to Outdoorithm Collective ("we," "us," or "our"). By accessing or using our website, mobile application, and related services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Platform.
These Terms constitute a legally binding agreement between you and Outdoorithm Collective. Please read them carefully.
Age Requirement: You must be at least 18 years old to create an account and use the Platform. By registering, you represent and warrant that you are at least 18 years of age.
Account Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account.
Account Security: You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.
Parents or legal guardians may add children to their household profiles for the purpose of organizing family camping trips. By adding a child's information, you represent and warrant that you are the parent or legal guardian of such child and have the authority to provide their information.
You are solely responsible for your children's participation in all activities, including camping trips and in-person events. You agree to supervise your children at all times and assume all risks associated with their participation.
We comply with the Children's Online Privacy Protection Act (COPPA). For more information about how we handle children's information, please see our Privacy Policy.
You agree to use the Platform in accordance with all applicable laws and regulations and in a manner consistent with our community values. You agree NOT to:
We reserve the right to remove any content and suspend or terminate any user account that violates these Terms or our community guidelines, at our sole discretion.
Ownership: You retain ownership of any content you post, upload, or share on the Platform ("User Content"). However, by posting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Platform and our business.
Responsibility: You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary rights to post your User Content and that posting it does not violate any third-party rights.
Monitoring: We have no obligation to monitor User Content but reserve the right to review and remove any User Content at our sole discretion.
The Platform and its original content (excluding User Content), features, and functionality are owned by Outdoorithm Collective and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not copy, modify, distribute, sell, or lease any part of our Platform or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
WE DO NOT WARRANT THAT:
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUTDOORITHM COLLECTIVE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree to defend, indemnify, and hold harmless Outdoorithm Collective and its licensees, licensors, employees, contractors, agents, officers, and directors 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: (i) your use of and access to the Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.
Assumption of Risk: Camping and outdoor activities involve inherent risks, including but not limited to physical injury, property damage, and adverse weather conditions. By participating in any camping trips or in-person activities organized through the Platform, you acknowledge and voluntarily assume all such risks.
Release of Liability: You agree to release and discharge Outdoorithm Collective, its officers, employees, volunteers, and agents from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury that may be sustained by you or your family members during participation in camping trips or activities.
Medical Treatment: You authorize Outdoorithm Collective staff and volunteers to obtain emergency medical treatment for you or your children if necessary. You agree to be financially responsible for any such medical treatment.
Conduct: You agree to follow all rules and guidelines established by trip leaders and campground authorities. Failure to comply may result in removal from activities and loss of membership privileges.
The Platform may contain links to third-party websites or services that are not owned or controlled by Outdoorithm Collective. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that we 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 third-party websites or services.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.
By continuing to access or use the Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Platform.
We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your account, you may simply discontinue using the Platform or contact us to request account deletion.
Informal Resolution: If you have any dispute with us, you agree to contact us first and attempt to resolve the dispute informally by sending written notice to the address provided below.
Arbitration: If we cannot resolve a dispute informally, any disputes arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Alameda County, California.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, no dispute shall be arbitrated on a class-action basis, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Outdoorithm Collective regarding the Platform and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
If you have any questions about these Terms of Service, please contact us:
Outdoorithm Collective
By using the Outdoorithm Collective Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.