TERMS OF USE

Last updated March 6, 2026

AGREEMENT TO OUR LEGAL TERMS

We are Equinox Guiding Service LLC (“Company,” “we,” “us,” or “our”), a company registered in Maine, United States, located at:

20 Mechanic St Suite 101

Camden, ME 04843

United States

We operate the website equinoxguidingservice.com (the “Site”), as well as any related products and services that refer or link to these Terms of Use (collectively, the “Services”).

Equinox Guiding Service is a professional rock climbing, ice climbing, mountaineering, and climbing instruction service based in Camden, Maine.

You can contact us by phone at +1 (207) 619-3957, by email at admin@equinoxguidingservice.com, or by mail at the address above.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Equinox Guiding Service LLC concerning your access to and use of the Services. By accessing the Services, you agree that you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree with all of these Terms of Use, you are expressly prohibited from using the Services and must discontinue use immediately.

We may update these Terms of Use from time to time. Updated terms will become effective when posted on this page. Your continued use of the Services after any such update means you accept the revised terms.

All users who are minors in the jurisdiction in which they reside (generally under age 18) must have the permission of, and be directly supervised by, a parent or legal guardian to use the Services. If you are a minor, your parent or legal guardian must read and agree to these Terms of Use before you use the Services.

We recommend that you print or save a copy of these Terms of Use for your records.

TABLE OF CONTENTS

  1. OUR SERVICES

  2. INTELLECTUAL PROPERTY RIGHTS

  3. USER REPRESENTATIONS

  4. PURCHASES AND PAYMENT

  5. BOOKINGS, CANCELLATIONS, AND REFUNDS

  6. PROHIBITED ACTIVITIES

  7. USER GENERATED CONTRIBUTIONS

  8. CONTRIBUTION LICENSE

  9. SERVICES MANAGEMENT

  10. PRIVACY POLICY

  11. TERM AND TERMINATION

  12. MODIFICATIONS AND INTERRUPTIONS

  13. GOVERNING LAW

  14. DISPUTE RESOLUTION

  15. CORRECTIONS

  16. DISCLAIMER

  17. LIMITATIONS OF LIABILITY

  18. INDEMNIFICATION

  19. USER DATA

  20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

  21. CALIFORNIA USERS AND RESIDENTS

  22. MISCELLANEOUS

  23. CONTACT US

1. OUR SERVICES

The information provided through the Services is for general informational purposes only. Our Services include guided climbing trips, climbing instruction, camps, courses, educational programs, events, and related offerings in Maine and elsewhere as described on the Site.

The Services are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement in that jurisdiction. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent those laws apply.

Use of our Services may involve physical activity and inherent risk. Separate waivers, assumption of risk documents, cancellation policies, and participant agreements may apply to bookings, trips, courses, camps, and guided activities.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner of, or licensee of, all intellectual property rights in the Services, including all source code, databases, functionality, software, website designs, text, photographs, graphics, audio, video, and other content on the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

The Content and Marks are protected by copyright, trademark, and other intellectual property laws of the United States and other jurisdictions.

The Content and Marks are provided “AS IS” for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • access the Services; and

  • download or print a copy of any portion of the Content to which you have properly gained access

solely for your personal, non-commercial use.

Except as expressly provided in these Terms of Use, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission.

If you wish to make any use of the Services, Content, or Marks beyond what is permitted here, please contact us at admin@equinoxguidingservice.com.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Your submissions

If you send us any feedback, ideas, comments, or suggestions regarding the Services (“Submissions”), you agree that we may use such Submissions without restriction or compensation to you. You remain responsible for ensuring that your Submissions do not violate the rights of others or any applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

  1. you have the legal capacity and agree to comply with these Terms of Use;

  2. you are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental or guardian permission to use the Services;

  3. you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;

  4. you will not use the Services for any unlawful or unauthorized purpose; and

  5. your use of the Services will not violate any applicable law or regulation.

If you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your access to the Services.

4. PURCHASES AND PAYMENT

We may accept payment through major payment methods including, where available:

  • Visa

  • Mastercard

  • American Express

  • Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services. You further agree to promptly update account and payment information so we can complete your transactions and contact you as needed.

All payments shall be in U.S. dollars unless otherwise stated. Sales tax may be added where required by law. We reserve the right to change prices at any time.

We reserve the right to refuse or cancel any order, booking, or purchase placed through the Services, including where pricing, availability, or payment processing errors occur.

5. BOOKINGS, CANCELLATIONS, AND REFUNDS

Bookings for guided trips, camps, courses, events, and related services may be subject to separate cancellation, refund, and rescheduling terms posted elsewhere on the Site, including our cancellation policy and waiver materials.

By booking a service, you agree to any additional policies that apply to that service. We encourage you to review all booking, cancellation, refund, and waiver information carefully before making a purchase.

If there is any conflict between these Terms of Use and a specific booking or cancellation policy posted for a particular service, the specific service policy will control with respect to that service.

6. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make them available. As a user of the Services, you agree not to:

  • systematically retrieve data or content from the Services to create a collection, database, or directory without our written permission

  • trick, defraud, or mislead us or other users

  • circumvent, disable, or interfere with security-related features of the Services

  • use the Services in a manner inconsistent with applicable laws or regulations

  • upload or transmit viruses, malicious code, or other harmful material

  • engage in automated use of the Services, such as scraping, data mining, robots, or similar tools

  • attempt to impersonate another person or entity

  • interfere with, disrupt, or create an undue burden on the Services or connected networks

  • copy or adapt the Services’ software or code

  • use the Services to compete with us or for any unauthorized commercial purpose

  • collect usernames or email addresses for unsolicited communications

  • use the Services to advertise or offer to sell goods or services without authorization

Any unauthorized use of the Services may result in termination of your access.

7. USER GENERATED CONTRIBUTIONS

The Services do not generally provide public areas for users to post or publish content. However, if you submit testimonials, feedback, reviews, photos, comments, or other materials to us, you agree that:

  • your submission does not violate any applicable law or the rights of any third party

  • your submission is not false, misleading, defamatory, obscene, harassing, or otherwise objectionable

  • you have the right to provide the submission to us

  • we may review, reject, or remove submissions at our discretion

You remain solely responsible for any content you submit.

8. CONTRIBUTION LICENSE

By submitting feedback, testimonials, comments, photos, or other content to us, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, display, publish, and distribute such content in connection with our business, including on our website, social media, and marketing materials, unless otherwise agreed in writing.

You retain ownership of your content, but you grant us the rights described above to use it.

9. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

  1. monitor the Services for violations of these Terms of Use;

  2. take appropriate legal action against anyone who violates the law or these Terms of Use;

  3. restrict, suspend, or terminate access to the Services;

  4. remove or disable content or files that are burdensome to our systems; and

  5. otherwise manage the Services in a manner designed to protect our rights and maintain proper functionality.

10. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy, which is incorporated into these Terms of Use by reference. By using the Services, you agree to be bound by our Privacy Policy.

The Services are operated in the United States. If you access the Services from outside the United States, you understand that your information may be transferred to, stored in, and processed in the United States.

11. TERM AND TERMINATION

These Terms of Use remain in full force and effect while you use the Services.

Without limiting any other provision of these Terms of Use, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason, including for breach of these Terms of Use or any applicable law.

We may terminate your use of the Services at any time, without warning, in our sole discretion.

12. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, remove, or discontinue all or part of the Services at any time, with or without notice.

We do not guarantee that the Services will be available at all times. We may experience interruptions, delays, errors, maintenance issues, or downtime. We are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during such periods.

13. GOVERNING LAW

These Terms of Use and your use of the Services are governed by and construed in accordance with the laws of the State of Maine, without regard to its conflict of law principles.

14. DISPUTE RESOLUTION

Informal negotiations

To help resolve disputes efficiently, you and we agree to first attempt to resolve any dispute, claim, or controversy informally for at least thirty (30) days before initiating arbitration or litigation. Informal negotiations begin upon written notice from one party to the other.

Binding arbitration

If the parties cannot resolve a dispute through informal negotiations, the dispute will be resolved by binding arbitration, except where prohibited by law or otherwise stated below. Arbitration shall be conducted in accordance with applicable American Arbitration Association rules.

You understand that absent this provision, you may have the right to sue in court and have a jury trial.

Exceptions

The following disputes are not subject to arbitration:

  • disputes concerning intellectual property rights

  • disputes involving allegations of theft, unauthorized use, or invasion of privacy

  • claims seeking injunctive relief

  • any matter that applicable law does not permit to be arbitrated

If a dispute proceeds in court, it shall be brought in the state or federal courts located in Maine, and the parties consent to jurisdiction and venue there.

15. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

16. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY CONTENT WILL BE ACCURATE OR COMPLETE.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

17. LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EQUINOX GUIDING SERVICE LLC, ITS OWNERS, EMPLOYEES, GUIDES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

SOME LAWS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Equinox Guiding Service LLC and its affiliates, owners, employees, agents, contractors, and representatives from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  1. your use of the Services;

  2. your breach of these Terms of Use;

  3. your violation of any law or the rights of a third party; or

  4. any content or information you submit through the Services.

19. USER DATA

We may maintain certain data that you transmit to the Services for the purpose of managing performance of the Services, as well as data relating to your use of the Services. Although we perform routine backups where appropriate, you are solely responsible for any data you transmit or activities you undertake through the Services.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.

You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Services.

21. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

1625 North Market Blvd., Suite N 112

Sacramento, California 95834

United States

Phone: (800) 952-5210 or (916) 445-1254

22. MISCELLANEOUS

These Terms of Use and any policies or rules posted by us on the Services constitute the entire agreement between you and us regarding the Services.

Our failure to enforce any right or provision shall not operate as a waiver of that right or provision.

We may assign our rights and obligations under these Terms of Use at any time.

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Nothing in these Terms of Use creates any joint venture, partnership, employment, or agency relationship between you and us.

23. CONTACT US

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Equinox Guiding Service LLC

20 Mechanic St Suite 101

Camden, ME 04843

United States

Phone: +1 (207) 619-3957

Email: admin@equinoxguidingservice.com