Terms and Conditions — TerraBuilt Adventures

1. Acceptance of Terms

These Terms and Conditions (the "Terms") constitute a legally binding agreement between you ("User," "you," or "your") and TerraBuilt Adventures ("TerraBuilt," "we," "us," or "our") governing your access to and use of the TerraBuilt Adventures website, applications, services, content, and related features (collectively, the "Service"). By creating an account, checking the acceptance box, clicking "Create account," or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Community Guidelines and Privacy Policy, each of which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must not access or use the Service.

2. Eligibility

You represent and warrant that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater, and that you have the full legal capacity and authority to enter into these Terms. The Service is not directed to, and may not be used by, individuals under the age of thirteen (13). If we become aware that we have collected personal information from a child under thirteen (13) without verifiable parental consent, we will promptly delete such information.

3. Account Registration and Security

To access certain features of the Service, you must register an account and provide accurate, current, and complete information. You are solely responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We reserve the right to suspend or terminate any account at our sole discretion, with or without notice, for any conduct that we determine, in our judgment, violates these Terms or is otherwise harmful to the Service or its users.

4. User Content and License

"User Content" means any text, photographs, build logs, vehicle data, trail information, comments, listings, reviews, or other materials that you submit, post, upload, or otherwise make available through the Service. You retain all ownership rights in your User Content. By submitting User Content, you grant TerraBuilt a worldwide, non-exclusive, royalty-free, transferable, sublicensable, and irrevocable license to host, store, reproduce, modify, adapt, publish, translate, distribute, publicly display, and otherwise use such User Content in connection with operating, providing, improving, and promoting the Service. You represent and warrant that (a) you own or have all necessary rights, licenses, consents, and permissions to grant the foregoing license, and (b) your User Content does not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, contractual, or other rights, nor any applicable law or regulation.

5. Acceptable Use

You agree not to use the Service to: (a) violate any applicable local, state, national, or international law or regulation; (b) infringe upon or violate the intellectual property rights or any other rights of any party; (c) transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable; (d) impersonate any person or entity or misrepresent your affiliation with a person or entity; (e) upload, transmit, or distribute any viruses, worms, malware, or other harmful code; (f) attempt to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service; (g) interfere with or disrupt the integrity or performance of the Service; or (h) engage in any activity that constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability. Additional behavioral expectations are set forth in our Community Guidelines.

6. Off-Road Activities; Assumption of Risk

You acknowledge and agree that off-road driving, vehicle modification, trail use, and related activities discussed, depicted, or coordinated through the Service involve inherent and significant risks, including but not limited to property damage, serious bodily injury, and death. All information, routes, trail reports, build advice, modification recommendations, and user-generated content provided through the Service are for informational purposes only and do not constitute professional advice. You assume all risks associated with your use of any information obtained through the Service and agree to comply with all applicable laws, land-use regulations, manufacturer specifications, and safety practices. TerraBuilt is not responsible for the accuracy, completeness, or suitability of any User Content or third-party information.

7. Marketplace Transactions

Any transactions, communications, or arrangements between users facilitated through the Service, including without limitation the listing, sale, purchase, or exchange of parts, vehicles, or services, are solely between the participating users. TerraBuilt is not a party to any such transaction and makes no representations or warranties regarding the quality, safety, legality, or accuracy of any listing. You are solely responsible for complying with all applicable laws relating to your transactions and for resolving any disputes that arise therefrom.

8. Intellectual Property

The Service, including its design, software, text, graphics, logos, trademarks, and underlying technology (excluding User Content), is owned by TerraBuilt and its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, TerraBuilt grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. No other rights or licenses are granted, whether by implication, estoppel, or otherwise.

9. Termination

We may suspend or terminate your access to all or any portion of the Service at any time, with or without cause and with or without notice. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You may terminate your account at any time by contacting us or by using any account-deletion functionality made available within the Service.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TERRABUILT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TERRABUILT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF TERRABUILT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TERRABUILT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00) OR THE AMOUNT YOU PAID TO TERRABUILT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

12. Indemnification

You agree to defend, indemnify, and hold harmless TerraBuilt and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the Service, (b) your User Content, (c) your violation of these Terms or any Community Guidelines, or (d) your violation of any law or any rights of any third party.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State in which TerraBuilt maintains its principal place of business, without regard to its conflict-of-laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding individual arbitration, and not in a class, representative, or consolidated action or proceeding, except where prohibited by applicable law. You waive any right to a jury trial to the maximum extent permitted by law.

14. Changes to the Terms

We may modify these Terms from time to time. The "Effective date" above will be updated whenever revisions are made. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must discontinue use of the Service.

15. Miscellaneous

These Terms, together with the Community Guidelines and Privacy Policy, constitute the entire agreement between you and TerraBuilt regarding the Service and supersede all prior or contemporaneous understandings. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision. You may not assign these Terms without our prior written consent.