Introduction
Welcome to Adventure Nerds. These terms and conditions between you and Adventure Nerds LLC, govern your access and use of AdventureNerds.com, including any content, functionality, and services offered on or through this website and all other Adventure Nerds LLC (“Adventure Nerds”) properties (collectively, “Adventure Nerds”), including but not limited to website, newsletter, podcast, store, reviews, opinions, directions, guides, graphics, photos, logos, audio or video clips, products, and data on Adventures Nerds. By using Adventure Nerds, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use Adventure Nerds.
Eligibility
You may use Adventure Nerds only if you can form a binding contract with Adventure Nerds LLC, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
Please read these Terms of Use carefully before you start using Adventure Nerds. BY ACCESSING, BROWSING OR USING ADVENTURE NERDS (INCLUDING YOUR SUBMISSION OF INFORMATION), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE, AND TO COMPLY WITH ALL APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS. You agree that these Terms of Use, combined with your act of using Adventure Nerds, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use Adventure Nerds. We reserve the right to revise these Terms of Use from time to time. Any such change, update or modification will be effective immediately upon posting the modified version of the Terms of Use on the Adventure Nerds website. You should check the Terms of Use from time to time, because your use of Adventure Nerds following any changes indicates your agreement to be bound by any posted modifications.
Adventure Nerds is not available to any Users previously removed by Adventure Nerds LLC
License to Use Adventure Nerds
Unless otherwise stated, Adventure Nerds LLC owns the intellectual property rights to Adventure Nerds content and material. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Adventure Nerds for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:
- sell, rent or sub-license material from Adventure Nerds;
- reproduce, duplicate, copy, or otherwise exploit material on this Adventure Nerds for a commercial purpose;
- republish material from Adventure Nerds (including republication on another website or app);
- show any material from Adventure Nerds in public;
- edit or otherwise modify any material in Adventure Nerds; or redistribute material from Adventure Nerds without permission from Adventure Nerds LLC;
- use a group inbox to become a Member, or;
- share “Members Only” Adventure Nerds content.
Violation of any of these restrictions (or any other of the Terms of Service) shall result in immediate account termination without warning and without refund. Moreover, any violation of these restrictions may further subject you to liability for violation of Adventure Nerds’ intellectual property rights and further claims and damages.
Acceptable Use
You must not use Adventure Nerds in any way that causes, or may cause, damage to Adventure Nerds or impairment of the availability or accessibility of the Adventure Nerds; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Adventure Nerds.
You must not use the Adventure Nerds for any purposes related to marketing without Adventure Nerds LLC’s express written consent.
Restricted Access
Access to certain areas of the Website is restricted. Adventure Nerds LLC reserves the right to restrict access to other areas of this website, or indeed this entire website, at Adventure Nerds LLC’s discretion.
If Adventure Nerds LLC provides you with a user ID and password to enable you to access the Newsletter, Podcast, Store, or restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Adventure Nerds using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
If Adventure Nerds LLC provides you with an RSS feed that includes restricted content, you may not share that feed or use it in any application other than an RSS feed reader. Adventure Nerds LLC may disable your RSS access at any time at its sole discretion without notice or explanation.
Adventure Nerds LLC may disable your user ID and password in Adventure Nerds LLC’s sole discretion without notice or explanation.
Copyrighted Materials
All Content is either (a) in the public domain and designated as such or (b) is licensed to Adventure Nerds or is the property of Adventure Nerds, and in either case is protected by U.S. and international copyright laws and may not be used without Adventure Nerd’s written permission. The compilation of all content on Adventure Nerds is the exclusive property of Adventure Nerds and is protected by both U.S. and international copyright laws.
You agree to use Adventure Nerds only for lawful purposes and only for your own personal, non-commercial use. You may not use Adventure Nerds to transmit, post, download, distribute, copy, display publicly, store or destroy any material or content (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Adventure Nerds LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Adventure Nerds LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Adventure Nerds LLC or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Adventure Nerds LLC reserves the right to edit or remove any material submitted to this website, or stored on Adventure Nerds LLC’s servers, or hosted or published upon this website.
Notwithstanding Adventure Nerds LLC’s rights under these terms and conditions in relation to user content, Adventure Nerds LLC does not undertake to monitor the submission of such content to, or the publication of such content on, Adventure Nerds.
By posting any user content on Adventure Nerds, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Adventure Nerds LLC a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such user content and your name, voice, and/or likeness as contained in your user content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Adventure Nerds and any other product now existing or later developed by Adventure Nerds LLC (and its successors’ and affiliates’, including without limitation for promoting and redistributing part or all of the Adventure Nerds (and derivative works thereof) in any media formats and through any media channels.
To Other Users: You also hereby grant each user of the Adventure Nerds a non-exclusive license to access your user content.
Assumption of Risk, Waiver and Indemnification
By using Adventure Nerds, you expressly acknowledge, understand and agree to each of the following:
Hazards and Risks
Adventure Nerds contains information relating to hazardous activities that involve varying degrees of risk and may result in injury or death.
Adventure Nerds may contain inaccuracies (including but not limited to inaccuracies related to dangers, risks, conditions, mapping, locations, property ownership and property access restrictions).
No Warranties
Adventure Nerds is provided on an “as is” and “as available” basis. Use of Adventure nerds is at your own risk. To the maximum extent permitted by applicable law, Adventure Nerds disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. In consideration of the benefits to be derived and after carefully considering the dangers and risks involved, you are voluntarily entering into these activities. You hereby accept any and all risk of injury or death.
Without limiting the foregoing, Adventure Nerds LLC, its subsidiaries, and its licensors do not warrant that Adventure Nerds is accurate, reliable or correct; that Adventure Nerds will meet your requirements; that Adventure Nerds will be available at any particular time or location uninterrupted or secure; that any defects or errors will be corrected; or that Adventure Nerds is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of Adventure Nerds is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of Adventure Nerds.
Adventure Nerds LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any partners or third party through Adventure Nerds or any hyperlinked website, service, product, and Adventure Nerds LLC will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services.
Limitations of Liability
In consideration of Adventure Nerds’ facilitation of your participation in activities and use of Adventure Nerds, you, for yourself, your spouse, legal representatives, heirs, and assigns, hereby release, waive, indemnify and hold harmless, and discharge, to the maximum extent permitted by applicable law, Adventure Nerds, LLC, its managers, members, officers, affiliates, agents, directors, employees, volunteers, partners, suppliers, licensors, and any other person associated with Adventure Nerds, for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages to my person or property, my death, any violation of law, loss of profits, goodwill, use, data, or other intangible losses, that result from Adventure Nerds or the inability to use Adventure Nerds.
Under no circumstances will the limited parties be responsible for any decision you make as a result of any information in Adventure Nerds. Furthermore, under no circumstances will the limited parties be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of Adventure Nerds or your account or the information contained therein.
To the maximum extent permitted by applicable law, the limited parties assume no liability or responsibility for any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to or use of Adventure Nerds or any information contained in Adventure Nerds; any unauthorized access to or use of personal information; any interruption or cessation of transmission to or from Adventure Nerds; any bugs, viruses, trojan horses, or the like that may be transmitted to or through Adventure Nerds by a third party; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through Adventure Nerds; violation of any person or entities intellectual property rights with respect to any content or goods; and/or user content or the defamatory, offensive, or illegal conduct of any third party. In no even shall Adventure Nerds, managers, members, officers, affiliates, agents, directors, employees, volunteers, partners, suppliers, licensors, and any other person associated with Adventure Nerds be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Adventure Nerds LLC hereunder.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if limited parties have been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions many not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Adventure Nerds is controlled and operated from its facilities in the United States. Adventure Nerds LLC makes no representation that Adventure Nerds is appropriate or available for use in other locations. Those who access or use Adventure Nerds from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
Reasonableness
By using Adventure Nerds, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website or Adventure Nerds.
Other Parties
You accept that, as a limited liability entity, Adventure Nerds LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Adventure Nerds LLC’s members, managers, officers, or employees in respect of any losses you suffer in connection with Adventure Nerds.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Adventure Nerds LLC’s members, managers, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Adventure Nerds LLC.
Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Adventure Nerds LLC along with its members, managers, officers, employees, agents, subsidiaries, successors, Contract Partners, assigns and sub-contractors (“Indemnified Parties”) and undertake to indemnify and hold harmless the Indemnified Parties against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Indemnified Parties to a third party in settlement of a claim or dispute on the advice of the Indemnified Parties’ legal advisers) incurred or suffered by the Indemnified Parties arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of These Terms and Conditions
Without prejudice to Adventure Nerds LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Adventure Nerds LLC may take such action as Adventure Nerds LLC deems appropriate to deal with the breach, including suspending your access to Adventure Nerds, prohibiting you from accessing the Adventure Nerds, blocking computers using your IP address from accessing the Adventure Nerds, contacting your internet service provider to request that they block your access to the Adventure Nerds and bringing legal proceedings against you.
Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Adventure Nerds must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Adventure Nerds at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. There are no refunds.
Variation
Adventure Nerds LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of Adventure Nerds from the date of the publication of the revised terms and conditions on this Newsletter and/or Website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Adventure Nerds LLC may transfer, sub-contract or otherwise deal with Adventure Nerds LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third-Party Links
Adventure Nerds may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Adventure Nerds LLC. Adventure Nerds LLC does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from Adventure Nerds, you do so at your own risk, and you understand that this Agreement and Adventure Nerds LLC’s Privacy Policy do not apply to your use of such sites. You expressly relieve Adventure Nerds LLC from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Adventure Nerds LLC shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Entire Agreement
These terms and conditions constitute the entire agreement between you and Adventure Nerds LLC in relation to your use of Adventure Nerds, and supersede all previous agreements in respect of your use of Adventure Nerds.
Tracking Data
Adventure Nerds uses tracking tools and cookies. By using this Adventure Nerds and agreeing to these terms and conditions, you consent to our Adventure Nerds LLC’s use of cookies in accordance with the terms of Adventure Nerds LLC’s privacy policy.
California Consumer Rights Notice
California users of Adventure Nerds are entitled to the following consumer rights notice pursuant to California Civil Code Section 1789.3:
If you have a question or complaint about Adventure Nerds LLC, our products, please contact us via e-mail and include the word “terms” in the subject line. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs via telephone at (800) 952-5210 or (916) 445-1254 or via mail to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
Updated February 15, 2022