Terms of Use

Effective Date & Updated On: February 28th, 2025

These Terms of Use (“Terms”) govern your access to and use of RecreationLeader.com (the “Site”), operated by Recreation Leader (“we,” “us,” or “our”). By accessing or using the Site, you agree to be bound by these Terms in their entirety. If you do not agree, you must not use the Site.

1. Use of the Site

The Site is provided for your personal, non-commercial use to access information, resources, and services related to outdoor recreation, education, and natural history. You agree to the following:
– You will use the Site only for lawful purposes consistent with its intended use.
– You will not engage in any activity that disrupts, damages, or impairs the Site, its servers, or networks, including but not limited to hacking, denial-of-service attacks, or introduction of malicious code.
– You will not use automated systems (e.g., bots, spiders, or scrapers) to access or extract data from the Site without our prior written consent.
– You will not attempt to gain unauthorized access to any portion of the Site, user accounts, or connected systems.
– You will not use the Site to transmit spam, phishing attempts, or unsolicited communications.
– You will not reproduce, duplicate, copy, sell, resell, or exploit any part of the Site for commercial purposes without our express written permission.
– You will comply with all applicable local, state, federal, and international laws while using the Site.

Any violation of these restrictions may result in immediate suspension or termination of your access to the Site, and we reserve the right to pursue legal action if necessary.

2. Intellectual Property

All content, materials, and features on the Site—including but not limited to text, photographs, videos, graphics, logos, the RESPECT ethos, blog posts, interactive tools, quizzes, and maps—are the exclusive property of Recreation Leader or its licensors. This content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Your obligations are as follows:
– You may not copy, reproduce, distribute, modify, publicly display, publicly perform, or create derivative works from any content on the Site without our prior written authorization.
– You may not use our trademarks, service marks, trade names, or logos (e.g., “Recreation Leader” or “RESPECT”) in any manner that suggests endorsement, affiliation, or ownership without our express consent.
– You may not remove, alter, or obscure any copyright, trademark, or proprietary notices on the Site or its content.
– You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site’s content solely for personal, non-commercial purposes, subject to these Terms.
– Any unauthorized use of our intellectual property may result in legal action, including claims for damages and injunctive relief.

3. User Conduct

You are responsible for your behavior on the Site. By using the Site, you agree to the following:
– You will not impersonate any person or entity or provide false or misleading information.
– You will not post, upload, or transmit any content that is unlawful, defamatory, obscene, pornographic, threatening, harassing, hateful, or racially or ethnically offensive.
– You will not upload or introduce any viruses, worms, Trojan horses, or other malicious code that could harm the Site or its users.
– You will not use the Site to solicit, harass, or harm other users or third parties.
– Any feedback, comments, or suggestions you submit via the Site are voluntary, non-confidential, and may be used by us without compensation or restriction.
– We reserve the right, in our sole discretion, to remove any user-generated content and to suspend or terminate your access to the Site for violations of this section.

4. Disclaimers

The Site, its content, and all related services are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express, implied, statutory, or otherwise. We expressly disclaim the following:
– Any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
– Any guarantee that the Site will be uninterrupted, secure, error-free, or free from viruses or other harmful components.
– Any assurance that the content on the Site is accurate, complete, reliable, current, or suitable for your specific needs.
– Any responsibility for the actions, content, or availability of third-party websites or services linked from the Site.

Outdoor recreation activities inherently involve risks, including injury, property damage, or death. You acknowledge that your reliance on information from the Site or participation in activities inspired by it is at your own risk. Interactive features (e.g., quizzes, maps, or guides) are provided for informational and entertainment purposes only and are not intended as professional advice. We disclaim all liability for any adverse outcomes resulting from your use of the Site.

5. Limitation of Liability

To the maximum extent permitted by applicable law, Recreation Leader, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any damages arising out of or related to your use of the Site, including but not limited to:
– Direct damages, such as financial losses or costs incurred from reliance on Site content.
– Indirect damages, such as loss of profits, revenue, business opportunities, or goodwill.
– Incidental damages, such as costs associated with interruptions in Site access.
– Special damages, such as emotional distress or reputational harm.
– Consequential damages, such as losses resulting from third-party actions influenced by the Site.
– Punitive or exemplary damages intended to punish or deter misconduct.

This limitation applies regardless of the legal theory (e.g., contract, tort, negligence, or strict liability) and even if we have been advised of the possibility of such damages. Our total aggregate liability to you for any claim related to the Site shall not exceed fifty dollars ($50.00). Some jurisdictions do not allow the exclusion of certain damages, so these limitations may not apply fully to you, but they will apply to the fullest extent permitted.

6. Indemnification

You agree to fully indemnify, defend, and hold harmless Recreation Leader, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, and licensors from and against any and all claims, demands, actions, lawsuits, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:
– Your access to, use of, or misuse of the Site or its content.
– Your breach or alleged breach of any provision of these Terms.
– Your violation of any applicable law, regulation, or third-party right, including intellectual property, privacy, or publicity rights.
– Any content, data, or materials you submit, post, or transmit through the Site.
– Your participation in any in-person programs or reliance on Site information leading to disputes with third parties.

You agree to promptly notify us of any such claim and to cooperate fully in the defense of any matter. We reserve the right, at our own expense, to assume exclusive control of any matter subject to indemnification, and you may not settle any claim without our prior written consent. This indemnification obligation survives the termination of these Terms and your use of the Site.

7. Third-Party Links

The Site may include hyperlinks or references to third-party websites, applications, or services not owned or controlled by Recreation Leader. You acknowledge and agree that:
– We do not endorse, sponsor, or assume responsibility for the content, accuracy, privacy practices, or availability of these third-party resources.
– Your interaction with third-party sites, including any transactions or data sharing, is solely at your own risk.
– We are not liable for any harm, loss, or damages arising from your use of or reliance on third-party sites, including but not limited to malware, data breaches, or financial losses.

8. Data Collection and Use

We collect and process personal information in accordance with our Privacy Policy, accessible at https://recreationleader.com/privacy-policy/. By using the Site, you consent to the collection, storage, use, and disclosure of your data as described therein. This includes data from cookies, analytics tools, and user submissions. You are responsible for reviewing the Privacy Policy to understand our practices.

9. Changes to Terms

We reserve the right to modify, amend, or update these Terms at our sole discretion, with or without prior notice. Any changes become effective immediately upon posting the revised Terms on the Site. Your continued use of the Site following such changes constitutes your binding acceptance of the updated Terms. It is your responsibility to review this page periodically to stay informed of any modifications.

10. Termination

We may, in our sole discretion, terminate or suspend your access to all or part of the Site at any time, with or without notice, for any reason, including but not limited to:
– Your violation of these Terms.
– Suspected fraudulent, abusive, or illegal activity.
– Operational, security, or legal concerns.

Upon termination:
– Your right to access and use the Site ceases immediately.
– You must cease all use of our content and destroy any copies in your possession or control.
– We may delete any data or content associated with your use of the Site.

Sections 2 (Intellectual Property), 4 (Disclaimers), 5 (Limitation of Liability), 6 (Indemnification), 11 (Governing Law and Dispute Resolution), 14 (Severability), and 15 (Entire Agreement) shall survive termination.

11. Governing Law and Dispute Resolution

These Terms and any disputes arising out of or relating to them or the Site shall be governed exclusively by the laws of the State of Oregon, United States, without regard to its conflict of law provisions. You agree to the following:
– Any legal action or proceeding will be brought exclusively in the state or federal courts located in Bend, Deschutes County, Oregon.
– You irrevocably submit to the personal jurisdiction and venue of such courts.
– You waive any objection to venue or jurisdiction, including claims of inconvenient forum.
– Prior to initiating legal action, you will attempt to resolve disputes informally by contacting us, though we are not obligated to engage in such efforts.

12. Contact Information

For any questions, concerns, or notices regarding these Terms, please contact us via our Contact Page at https://recreationleader.com/contact-us/.

13. In-Person Programs

Participation in Recreation Leader’s in-person programs, such as guided hikes, workshops, or educational events, is subject to the following terms and conditions, which apply in addition to these Terms:
– Assumption of Risk: You acknowledge that outdoor activities involve inherent risks, including but not limited to physical injury, property damage, illness, or death due to weather, terrain, wildlife, or other factors. You voluntarily assume all such risks.
– Release of Liability: You release, waive, and discharge Recreation Leader, its officers, directors, employees, agents, and volunteers from any and all liability, claims, demands, or causes of action arising from your participation, including those caused by negligence, to the fullest extent permitted by law.
– Physical Condition: You certify that you are physically capable of participating and have no medical conditions that would prevent safe participation. You will inform us of any relevant health issues prior to the program.
– Compliance: You agree to follow all instructions, rules, and safety guidelines provided by program leaders. Failure to comply may result in your removal from the program without refund.
– Equipment: You are responsible for providing and maintaining any personal equipment unless otherwise specified. We are not liable for loss or damage to your property.
– Photography: We may photograph or record programs for promotional purposes. By participating, you grant us a perpetual, royalty-free license to use your likeness in such materials.
– Cancellation: We reserve the right to cancel or modify programs due to weather, safety concerns, or insufficient enrollment, with refunds or rescheduling at our discretion.

These terms are provided at registration and must be accepted prior to participation.

14. Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms or modified to the minimum extent necessary to make it valid and enforceable. The remaining provisions shall continue in full force and effect, preserving the intent of these Terms.

15. Entire Agreement

These Terms, together with the Privacy Policy and any additional agreements expressly incorporated by reference (e.g., in-person program terms), constitute the entire agreement between you and Recreation Leader regarding your use of the Site. This agreement supersedes all prior or contemporaneous agreements, representations, warranties, or understandings, whether written or oral, relating to the subject matter herein.

16. No Waiver

Our failure to enforce any right, provision, or remedy under these Terms shall not constitute a waiver of such right, provision, or remedy, nor shall it preclude future enforcement.

17. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, strikes, or governmental restrictions.

18. Assignment

You may not assign, delegate, or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any party at any time without notice to you.

19. Electronic Communications

By using the Site, you consent to receive communications from us electronically, including via email or notices posted on the Site. You agree that such electronic communications satisfy any legal requirement that communications be in writing.

20. AI Tools and Features

Recreation Leader may integrate artificial intelligence (AI) tools, including our own AI, into the Site to enhance user experience, provide personalized recommendations, or assist with outdoor planning and education. By using these AI tools, you agree to the following:
– Purpose: The AI tools are designed to simplify access to resources, deepen your knowledge, and support your outdoor journey. They are provided for informational and educational purposes only and should not be considered professional advice.
– User Responsibilities: You are responsible for verifying any information or recommendations provided by the AI tools before relying on them, especially for matters related to safety, health, or legal compliance. You acknowledge that AI-generated content may not always be accurate or up-to-date.
– Data Use: Any data collected or processed by the AI tools, including user inputs and interactions, is subject to our Privacy Policy. We do not sell or share your data with third parties for their own purposes without your consent. However, aggregated or anonymized data may be used to improve the AI tools and overall Site functionality.
– Limitations: The AI tools are provided on an “as is” basis, and we make no warranties regarding their accuracy, completeness, or reliability. We are not liable for any errors, omissions, or adverse outcomes resulting from your use of the AI tools, including but not limited to incorrect recommendations, data inaccuracies, or system failures.
– Intellectual Property: All AI-generated content remains the property of Recreation Leader. You may not reproduce, distribute, or use AI-generated content for commercial purposes without our express written permission.
– Feedback: Any feedback you provide regarding the AI tools is voluntary and non-confidential. We may use your feedback to improve the AI tools and Site without compensation or restriction.
– Termination of Use: We reserve the right to modify, suspend, or discontinue the AI tools at any time without notice. Your use of the AI tools may be terminated if we believe you are misusing them or violating these Terms.

Acceptance of Terms
By accessing or using RecreationLeader.com, you confirm that you have read, understood, and agree to be bound by these Terms of Use in their entirety. If you do not agree, you must immediately cease using the Site.