Disclaimer

• These Terms of Use are an agreement between you (“the User”) and Hiking the Wild, and its owners, agents, employees, insurers, successors and assigns (“the Company”), and concern all data of any kind you obtain from the Company or its website (“the Content”) and your use of the Content. In exchange for obtaining or using the Content, the User agrees:
• While the Company attempts to make the Content helpful and accurate, the outdoors is dangerous and unpredictable, and conditions on the ground, including the location and safety of trails, change constantly. The User agrees he/she has all the necessary skills and capabilities to venture into the outdoors and independently assess all dangers, that the User does not need the Content to safely navigate the outdoors and the Content is only provides general information, and that the User will not rely on the Content to keep him/her safe.
• The User will defend, indemnify and hold harmless the Company from and against all claims and causes of action of any kind, including those sounding in tort or in contract, or based upon any law or statute, which are in any way related to, arise from, or otherwise are premised upon the User’s use of, dissemination of or reliance on the Content. Without limiting the foregoing, the User hereby also agrees the User assumes all risks associated with using or relying on the Content, and releases the Company for any claim of negligence related to or based upon the Content, or its production or supply, or related to arising from the User’s use of the Content.
• There are no warranties associated with or given with the Content:
• The User agrees no one has made any express warranty about the Content, and that all potential express warranties are hereby disclaimed;
• The Content is provided in an “AS IS” condition, and all implied warranties are disclaimed;
• There is NO IMPLIED WARRANTY OF MERCHANTABILITY regarding the Content and the IMPLIED WARRANTY OF MERCHANTABILITY IS HEREBY DISCLAIMED; and
• There is NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE associated or given with the Content and ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS HEREBY DISCLAIMED.
• The Content is the property of the Company, and the Company or others hold copyrights to the Content, the Company retains all rights in the Content, and the User agrees the Content is only for the User’s personal non-commercial use and may not be sold, transferred or disseminated to others without the written consent of the Company.
• These Terms of Use and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with the laws of the State of California (excluding choice-of-law provisions which would direct the application of the laws of another jurisdiction).  The User hereby agrees that the state or federal courts located in the State of California shall have exclusive jurisdiction to hear and determine any disputes among the parties pertaining to these Terms of Use or any matter arising out of or relating to these Terms of Use.  The User herby expressly consents in advance to jurisdiction in any action or suit commenced in any such court, and hereby waives any objection to such jurisdiction based upon lack of personal jurisdiction, improper venue or forum non conveniens.
• If any provision of these Terms of Use is held unenforceable, then such provision will be modified to reflect the parties’ intention and all remaining provisions shall remain in full force and effect.