Xplorer Terms & Conditions

These Terms and Conditions ("Terms") for Xplorers including all referenced policies, procedures and links (the "Agreement") constitute a legally binding agreement between you ("you" or "Xplorer") and Xploreum, Inc., a Delaware corporation ("Xploreum," "we," "us," or "our"), governing your use of the Xploreum Platform to discover, book, and participate in guided or unguided multi-day outdoor expeditions ("Xpeditions").

By accessing, using, uploading or downloading any information or materials to or from the Xploreum Platform as an Xplorer, or by clicking "I Agree" or similar language, you confirm that you have read, understood, and agreed to be bound by this Agreement. If you do not accept all of the terms, you may not access, upload or download, or use the Platform.

This Agreement was written in English. To the extent a translated version of these Terms conflict with the English version, the English version controls. In the event of a conflict between the terms of the Agreement and your contractual agreements with Thrillmasters and/or third parties, the terms of this Agreement shall take precedence.

1. Definitions

• "Platform" means Xploreum's website, mobile applications, APIs, and associated services.
• "Xplorer" means any individual who books or participates in an Xpedition through the Platform.
• "Thrillmaster" means any independent provider offering Xpeditions through the Platform.
• "Xpedition" means any guided or unguided adventure, activity, or experience listed by a Thrillmaster.
• "Service Fees" means the Platform fees charged by Xploreum to support operation of the Platform.

This Agreement also incorporates by reference Xploreum's Acceptable Use Policy, Privacy Policy, Content and Ownership Licensing Policy, Payment Terms, and other policies as may be posted on Xploreum's website from time to time.

2. Eligibility

2.1. Are a resident of the United States or Canada;

2.2. You must be at least 18 years old, or the age of majority in your state of legal residence/jurisdiction, to use the Platform.

2.2. By using the Platform, you represent and warrant that you have the legal authority to enter into this Agreement and are capable of complying with its Terms.

2.3. You may not use the Platform if you are barred under Applicable Law or have been suspended from the Platform.

3. Role of Xploreum

3.1. Xploreum is a neutral technology platform that connects Xplorers with independent Thrillmasters who list and operate Xpeditions.

3.2. Xploreum does not operate, supervise, or control any Xpeditions. We do not verify the accuracy of listings or the qualifications, insurance, or safety practices of Thrillmasters.

3.3. Thrillmasters are not employees or agents of Xploreum. You acknowledge and agree that your legal relationship related to any Xpedition is directly with the Thrillmaster, not with Xploreum.

4. Booking and Payment

4.1. When you book an Xpedition, you agree to pay the total amount specified at checkout, including any Thrillmaster-defined fees, taxes, and Service Fees.

4.2. Payment is collected via third-party payment processors. Your payment method may be charged immediately or at a later time, depending on the booking structure.

4.3. Xploreum does not guarantee availability or fulfillment of any booking and is not liable for delays, cancellations, or alterations made by Thrillmasters.

4.4. You are responsible for ensuring your fitness, readiness, and equipment compliance for the booked Xpedition. Review the listing details carefully before confirming your booking.

5. Cancellations, Refunds & Changes

5.1. Each Xpedition listing includes a cancellation and refund policy determined solely by the relevant Thrillmaster. By booking, you agree to abide by that policy.

5.2. Thrillmasters may modify, cancel, or reschedule Xpeditions due to weather, safety concerns, insufficient participation, or other factors beyond their control.

5.3. Xploreum does not issue refunds or credits except where required by law or where expressly stated. Any disputes regarding refunds must be resolved directly with the Thrillmaster.

5.4. You understand that outdoor activities are inherently unpredictable and that itineraries may change without prior notice.

6. Assumption of Risk & Liability Waiver

6.1. You voluntarily assume all risks associated with participating in any Xpedition, including but not limited to injury, illness, property loss, accidents, death, or acts of nature.

6.2. You agree to release and hold harmless Xploreum, its officers, directors, employees, affiliates, and agents ("Released Parties") from any and all claims, demands, liabilities, or damages related to:

• Your participation in an Xpedition;
• The actions, omissions, negligence, or intentional misconduct of a Thrillmaster;
• Any loss or harm occurring before, during, or after an Xpedition.

6.3. This release applies regardless of whether such claims are based in contract, tort, negligence, strict liability, or other legal theory.

7. Conduct

7.1. You agree to conduct yourself responsibly and respectfully toward other participants, Thrillmasters, and third parties.

7.2. You agree not to:

• Harass, threaten, or harm others;
• Bring illegal substances, weapons, or prohibited equipment on an Xpedition;
• Damage the environment, facilities, or property;
• Violate safety instructions provided by the Thrillmaster.

7.3. Xploreum reserves the right to suspend or terminate your account if you violate these standards or engage in harmful behavior.

8. Insurance & Medical

8.1. Xploreum does not provide personal health, accident, travel, or trip cancellation insurance. You are responsible for obtaining your own coverage.

8.2. You certify that you are in suitable physical condition to safely participate in the Xpedition you are booking and will disclose any relevant medical or physical limitations to the Thrillmaster.

9. Content License & Prohibited Conduct

9.1. By submitting reviews, feedback, or uploading content (e.g. photos), you grant Xploreum a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute such content for Platform purposes, in accordance with Xploreum's Content Ownership and Licensing Policy.

You understand that you, and not Xploreum are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Platform. Xploreum may, in accordance with applicable law, screen, monitor, hide, restrict, refuse or remove any Content that violates the Terms or is otherwise objectionable. Please note, this does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Platform, you may be exposed to Content that is offensive, indecent, objectionable or illegal. You agree to bear all risks associated with the use of any Content available in connection with the Platform, including any reliance on the accuracy, completeness, or usefulness of such Content.

If you believe Content posted to the Platform violates our standards or these Terms, please report it to us at: complaints@xploreum.io.

9.2. You represent and warrant that you own or have permission to share such content and that it does not violate any third-party rights or applicable laws.

9.3. Xploreum's Acceptable Use Policy describes restrictions on content and conduct and is incorporated by reference into these Terms. You agree to comply with this policy.

You may not upload or distribute content that is unlawful, misleading, infringing, harmful, or offensive. You may not reverse engineer, scrape, or interfere with Platform operations.

10. Limitation of Liability

10.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XPLOREUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, OR DATA.

10.2. IN NO EVENT SHALL XPLOREUM'S AGGREGATE LIABILITY EXCEED THE AMOUNT OF SERVICE FEES ACTUALLY RECEIVED BY XPLOREUM FROM YOU IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.

10.3. XPLOREUM IS NOT RESPONSIBLE FOR THE ACTS, ERRORS, OMISSIONS, NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THRILLMASTERS OR OTHER PARTICIPANTS.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from any claims, losses, liabilities, or expenses arising out of:

• Your use of the Platform;
• Your participation in an Xpedition;
• Your breach of this Agreement;
• Your violation of the rights of any third party.

12. Dispute Resolution

12.1. This Agreement is governed by the laws of the State of California, without regard to conflict of law principles.

12.2. Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its commercial rules. The arbitration shall take place in San Francisco, California.

12.3. You waive the right to participate in class actions or consolidated proceedings.

13. Modifications to Terms

Xploreum may modify this Agreement at any time. You will be notified of material changes, and continued use of the Platform after such notice constitutes acceptance of the updated terms.

14. Miscellaneous

14.1. This Agreement is the entire agreement between you and Xploreum.

14.2. If any provision is found unenforceable, the remainder will remain in effect.

14.3. You may not assign this Agreement without Xploreum's prior written consent.

14.4. Xploreum shall not be liable for delays or failures due to causes beyond our control, including acts of God, natural disasters, war, or internet outages.

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By clicking "I Agree," you acknowledge that you have read, understood, and agreed to be legally bound by these Xplorer Terms & Conditions.