Terms of Service

The adventurefixgo.com website (the “Site”) is comprised of various web pages operated by The Adventure Junkies LLC (“The Adventure Junkies”).

Please read these Terms of Service (“Terms of Service” or “Terms”) carefully before using the Adventure Fix GO Internet web site or mobile application (the “Service”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to and/or do access or use the Service in any fashion or form, without limitation.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.

These Terms contain an arbitration clause, waiver of the right to jury trial, and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes (with limited exception) related to the Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in a class actions, class arbitrations, or representative actions, as set forth below. You have the right to opt-out of the arbitration clause and the class action waiver as explained below.

Minimum Age

To use the Services, you must be 18 years of age or such older minimum age in your place of residence as is required to enter into binding contracts.

Scope of Service

The Service enables users (“Members”) and third party guides (“Guides”) who offer guided outdoor trips (“Adventures”) to connect.  Members can browse Guides and the Adventures they offer (“Listings”) within the Service, communicate directly with Guides, and book an Adventure with a Guide (“Booking(s)”). Once a Member completes a Booking, they become a client of that Guide (“Client”).  Payment made to the Guide is facilitated through a third-party payment processor (“Payment Processor”).

The Adventure Junkies does not own, sell, resell, provide, control, offer, deliver, or supply any Bookings. Guides alone are responsible for their Bookings. When Members make, and a Guide accepts a Booking, they are entering into a contract directly with each other. The Adventure Junkies is not and does not become a party to any contractual relationship formed between Members and Guides, nor is The Adventure Junkies an insurer or guarantor of the delivery of any Listing, Booking, or other contractual obligation.

Payments

If you wish to purchase any product or service, or make a Booking made available through the Service, you may be asked to supply certain information relevant to your payment for those items (“Payment”) including, without limitation, the name that appears on your card, your credit card number, the expiration date of your credit card, and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Payment; and that (ii) the information you supply to us is true, correct and complete.

The Adventure Junkies employs the use of a Payment Processor. By submitting your information, you grant us the right to provide any information you provide to us to the Payment Processor subject to our Privacy Policy.

We reserve the right to refuse or cancel your Booking at any time for reasons including but not limited to: service availability, errors in the description or price of the service, technical errors, payment errors or other reasons.

We reserve the right to refuse or cancel your Booking if fraud or an unauthorized or illegal transaction is suspected.

Terms Specifically Applicable to Members and Clients

Subject to meeting any requirements set by the Guide, you can book a Listing available in the Service by following the respective booking process. All applicable fees will be presented to you prior to Booking. You agree to pay the total Fees for any Booking requested.

Upon receipt of a booking confirmation from The Adventure Junkies, we will identify a Guide that we believe may be the best fit for you and your objectives.  A legally binding agreement is formed between you and the Guide only after we have sent you an email notifying you that we have assigned a Guide for your Booking. The binding agreement is subject to any additional terms and conditions of the Guide that apply, including the applicable cancellation policy and any rules and restrictions specified in the Listing or provided to you by the Guide.

If you book a Guide Service on behalf of additional individuals, you are required to ensure that every additional individual meets any requirements set by the Guide, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Guide. If you are booking for an additional individual who is a minor, you represent and warrant that you are the parent or legal guardian of the minor. The Guide may, in his or her sole discretion, require you to sign a liability waiver or assumption of risk form.

You should carefully review the description of any Listing you intend to book to ensure you (and any additional individuals you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Guide has specified in their Listing. It is your responsibility to inform the Guide of any medical or physical conditions, or other circumstances that may impact your and any additional individual’s ability to safely participate in any activity that is contemplated by the Listing you book.

Cancellations

Client can cancel a confirmed Booking at any time subject to the Guide’s cancellation policy set forth in their Listing, and the Adventure Junkies will provide any appropriate refund to the Client in accordance with such cancellation policy.  

Irrespective of the listed cancellation policy, Guide may modify or cancel a guided trip contemplated in a Booking if inclement weather or other environmental or weather related conditions creates an unsafe or inappropriate (in the Guide’s sole discretion) scenario for the Client or the Guide. If there is a substantial change in the itinerary or the Guide Service needs to be cancelled, The Adventure Junkies will work with the Guide to provide Client an alternative date for the guided trip contemplated in the Booking, or an appropriate refund.

By its very nature, mountaineering and other backcountry adventures are an uncertain endeavor, and many factors can influence the outcome of a trip. While we understand that reaching your intended objective is important, guides will make every effort to do so safely, it is not guaranteed that you will achieve all the objectives you may have set for yourself or as described in the trip contemplated in your Booking. Factors such as weather, route conditions, or your own abilities may create circumstances that make continuing with the trip unsafe or unwise, and you or your party may have to descend before reaching the summit or modify the trip before or without accomplishing your objectives. Accordingly, once a trip begins, we are unable to offer refunds for weather related cancellations, or for trips that end prematurely due to weather, route conditions or circumstances within, or affecting, your group. Further, if you decide for any reason not to begin or continue with your trip, no credits or refunds will be given.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by The Adventure Junkies.

The Adventure Junkies has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that The Adventure Junkies 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless The Adventure Junkies and its subsidiaries and affiliates and each of their directors, officers, employees, contractors, partners, agents, suppliers, assigns, licensors or affiliates (each, a “Company Party”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), brought by any third party in connection with or arising out of (a) your use of and access to the Service, by you or any person using your account and password; (b) a breach of these Terms; (c) Content posted by you on the Service; or (d) any event, accident, incident or happening arising out of or in any way connected with a Booking (or an Adventure arising therefrom).  If you are obligated to indemnify any Company Party under these Terms, then you agree that The Adventure Junkies (or, at its discretion, the applicable Company Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Company Party wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company Party in the defense or settlement of such claim.

Limitation of Liability

In no event shall the Company Parties 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, 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, and even if a remedy set forth herein is found to have failed of its essential purpose.

Release of Liability

In consideration of the service provided to me by The Adventure Junkies, YOU HEREBY AGREE NOT TO SUE The Adventure Junkies, its affiliated companies and subsidiaries or any of their respective successors in interest, insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), disappearance, injury or loss to me, including death, which you may suffer, arising from or in any way connected with my use of the Service.  By accepting these Terms of Service and specifically this agreement not to sue, you are releasing any right to make a claim or file a lawsuit against any Released Party. You agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury, disappearance, or death to persons or damage to property arising from my participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted under applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.  Without limiting the foregoing, The Adventure Junkies does not warrant that a) the Service will function uninterrupted, secure, free of errors, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THESE TERMS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Arbitration; Jury Trial and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Informal Process First

You and The Adventure Junkies agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond.  Both you and The Adventure Junkies agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

Agreement to Arbitrate

After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to The Adventure Junkies’ services and/or products, including the Services, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and The Adventure Junkies agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms).  Because your contract with The Adventure Junkies, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. 

Waiver of Jury Trial

By agreeing to these Terms, you and The Adventure Junkies are each waiving the right to trial by jury.

Exceptions

Notwithstanding the foregoing, you and The Adventure Junkies agree that the following types of disputes will be resolved in a court of proper jurisdiction:

• disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;
• disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
• disputes relating to intellectual property.

Costs of Arbitration

Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, The Adventure Junkies will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).

Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules. In that case, you agree to reimburse The Adventure Junkies for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by The Adventure Junkies before the arbitrator was appointed, The Adventure Junkies will pay you the amount it offered in settlement.  The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits

Opt-Out

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to info@theadventurejunkies.com or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to The Adventure Junkies within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies.  You may not opt out of only the class action waiver and not also the arbitration provisions.  If you opt-out of these arbitration provisions, The Adventure Junkies also will not be bound by them.

WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS.

To the fullest extent permitted by applicable law, you and The Adventure Junkies each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”).  You and The Adventure Junkies AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION.  You and The Adventure Junkies EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM.  If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION.  Further, you and The Adventure Junkies agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION.  For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.

IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION.   If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Wyoming, without regard to the conflict of law provisions of any court having jurisdiction over any complaint arising from or connected with your use of the Service.  Exclusive jurisdiction for any claims arising out of or in any way connected with your use of the Service covered by any exclusion to the arbitration provision above is the Teton County, Wyoming, District Court.

The Services are operated by us in the United States of America. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Miscellaneous

The failure of The Adventure Junkies to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.  The section headings used in these Terms are for convenience only and shall not be read to have any legal effect.

Changes

The Adventure Junkies reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

The Adventure Junkies welcomes your questions or comments regarding the Terms:

The Adventure Junkies LLC

30 N Gould St Ste R

Sheridan, WY 82801

Email Address:

info@theadventurejunkies.com

Effective as of October 29, 2024