Last updated: January 5, 2019

This Terms of Use (“Terms”) is a legally binding agreement between Wendy Clark Design, LLC, d/b/a Wending Maps & Wayfinding, a Maine limited liability company (“we” or “us”) and you (“you”), the visitor to or user of this website, https://wendingmaps.com (“Website”). By using or visiting any part of the Website, you agree to these Terms, including any separate documents that these Terms may incorporate by reference or by hyperlink.

This Terms of Use (“Terms”) governs all use of the Service described below by all people and organizations that in any way use, access or interact with the Service.

Description of the Service

The “Service” means the Website and all information, images and written, audio or visual material that we publish on or through any part of the Website, including those features and parts of the Service that allow you to purchase maps, apparel and other products (such features and parts, collectively, the “Online Store”). To the extent that we may provide you access to third-party tools (“Third-Party Tools”), the Service includes such Third-Party Tools.

Your Use of the Service

By using any part or aspect of the Service in any way, including accessing, visiting or attending the Service, you agree to be bound by these Terms. Your use of the Service is non-transferable and subject to your compliance with these Terms.

You may use the Service only if you are at least eighteen years old and can form a binding contract with us, and only in compliance with these Terms and all applicable laws. You agree not to use the Service for any unlawful purposes or to transmit any worms, viruses or malicious software that harms the Service, our property, or the property of any third party. You agree to comply with the terms of use of any Online Store, including any terms of use published by us and by a third-party operator of an Online Store. Any information that you may submit to us will be accurate and correct. You agree to our use of personal information about you in the ways that we describe in our Privacy Policy.

These Terms are effective as of the “Last updated” date above. We may update them from time to time. You agree to be bound by the updated Terms as soon as we announce them through our Website.

Our Provision of the Service

We reserve the right to monitor your use of the Service to determine compliance with these Terms. We reserve the right to suspend or terminate the Service to you or to any other person for any lawful reason at any time. We neither endorse nor assume liability for conduct of you or of other people in connection with the Service.

Third-Party Links

The Service may contain links to third-party websites that are not affiliated with us and which we do not operate or control. We are not responsible for the content or accuracy of such third-party websites and we do not warrant and will not have any liability or responsibility for them.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-parties’ policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Termination

If you violate any of these Terms or any other rules or policies that we may establish in connection with the Service, we reserve the right to terminate your use of the Service immediately and without providing you any refund.

Disclaimer of liability and warranties

Hiking, skiing, and mountain biking are inherently dangerous activities. Do not participate without first consulting your physician. We and our employees, agents, advertisers, independent contractors, officers, directors, successors and assigns: (a) will not be liable to you or to any other person for any damages (whether direct, indirect, special, incidental, consequential, punitive or other, in an action of contract, tort or otherwise) arising from the Service (including any Third-Party Tools) or from any maps that we publish; and (b) make no warranties of any kind, either express or implied, relating to or arising from the Service (including any Third-Party Tools) or from any maps that we publish. The limitations and warranty provisions in these Terms are effective to the full extent permitted by law, and they will continue in effect after the termination of your participation in the Service.

Indemnification

You will indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms or your use of the Service. You will bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information and access to you as we deem necessary.

Third-party materials

The Service may contain references or links to to third-party websites or other materials. We are not responsible or liable for any content appearing on third-party websites or materials and do not endorse them. You access or act on them at your own risk and subject to any terms of use that the third parties may impose on them.

Feedback

If you have any questions or feedback about the Service, you can reach us through information on the Contact page.

General

These Terms will be governed by the laws of Maine. Before taking any legal action against us, you will contact us in a good faith effort to resolve your dispute. If you do later take legal action, any such action will be resolved by binding arbitration conducted by a mutually agreed service in Maine. If we fail to reach agreement as to an arbitrator, either we or you may bring an action against the other in a court of competent jurisdiction in Maine.

The failure of either party to enforce any provisions of these Terms is not a waiver of the provisions or of the right of that party to subsequently enforce that provision or any other provision. Should any provision of these Terms be or become unenforceable under applicable law, the other provisions shall remain in effect.

These Terms inure to the benefit of the parties’ successors and assigns. You may not assign or delegate any rights or duties that these Terms impose on you.

These Terms are the entire agreement between us and you about the Service. They replace any other prior oral or written agreements between us and you about the Service.