Terms and Conditions
Please read these terms and conditions carefully before using Our Service.
 
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
 
Definitions
For the purposes of these Terms and Conditions:
 
●      “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
●      “Account” means a unique account created for You to access our Service or parts of our Service.
●      “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Utah Adventures Unlimited LLC, a Utah limited liability company.
●      “Country” refers to the United States of America.
●      “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
●      “Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
●      “Feedback” means reviews, ratings, feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service and/or Products.
●      “Products” refer to the products, courses, plans, subscriptions, or other items offered for sale on the Service.
●      “Orders” means a request by You to purchase Products from Us.
●      “Promotions” refer to contests, sweepstakes or other promotions offered through the Service.
●      “Service” refers to the Website.
●      “Terms and Conditions” (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
●      “Website” refers to the Company’s website, accessible at www.UtahAdventuresUnlimited.com.
●      “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
 
Effective Date
These Terms and Conditions have been updated and are effective as of November 4, 2024.
 
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
 
User Accounts
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
 
Placing Orders for Products
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts and that you possess the skills and experience necessary to safely experience the Product(s) you are purchasing.
 
Your Information
If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
 
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
●      Products availability
●      Errors in the description or prices for Products
●      Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
 
Your Order Cancellation Rights
Subscription Plans
We value our ongoing supporters and strive for complete client satisfaction. Please note, subscriptions may be canceled at any time; however, no refunds will be issued for unused or partially used subscription plans, except for the Mid-Winter Mentorship or Season Mentorship plans, which may be refunded on a prorated season and per-session basis in the Company’s sole discretion less a $50 administrative fee. (This means the Company will consider when in the season the refund is being requested and how many Mentorship sessions were used.) If you believe you have extenuating circumstances or would like to discuss plan options, please contact us.

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If you need to cancel your course, please contact us as soon as possible. We will refund course tuition less a $50 administrative fee for cancellations made at least 14 days prior to the start of the course. A partial refund (half tuition) will be refunded for cancellations made at least 5 days prior to the start of the course. There are no refunds or transfers for cancellations made within 5 days prior to the start of the course. Once the course has begun, tuition is non-refundable and non-transferable. Participants who are removed from the course or who voluntarily choose to leave the course early for any reason, including but not limited to sickness, personal emergencies, or injury, will be responsible for all associated costs, such as medical costs and related travel and logistical costs. We do not tolerate participant behaviors that create a hostile or disrespectful learning environment, including physical or verbal harassment or other offensive behavior. We reserve the right to remove a participant from a course without a refund for violation of this section in our sole discretion. 
This cancellation and refund policy goes into effect immediately upon purchase of any Product on the Service. We encourage you to purchase travel insurance (including medical and evacuation insurance) to protect your financial investment to cover the costs in the event that you need to cancel the course, you are injured prior to or during the course, or we need to cancel a course due to lack of snow or events beyond our control. Students are required to attend all class sessions and field exercises. Limited absences in some circumstances for family or medical concerns may be accommodated only in our sole discretion. If you believe you have such extenuating circumstances, please contact us. Review of missed curriculum or examinations is the student’s responsibility.
 
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images or representations, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
 
Prices 
The Company reserves the right to revise its prices at any time prior to accepting an Order for purchase.
 
Payments
Payment can be made through various payment methods we have available, such as various credit cards or online payment methods.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
 
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
 
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
 
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and publish such Feedback without restriction.
 
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 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.
 
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
 
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service or from the Company.
 
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
 
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
 
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
 
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
 
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
 
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
 
Dispute Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company in writing with a clear description of your issue and what you are requesting that the Company do about it. You also agree to allow a reasonable time for the Company to address your issue once the Company has received your concern prior to taking further action.
 
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
 
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
 
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
 
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
 
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 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 those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
 
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
●      By visiting this page on our website: www.UtahAdventuresUnlimited.com
●      By sending us an email: info@utahadventuresunlimited.com