Terms and Conditions

Your agreement to use Summit Seekers services.

Welcome to Summit Seekers!

These Terms and Conditions ("Terms") govern your access to and use of the Summit Seekers website, including all content, features, and services offered on or through summitseekers.com (the "Website"). Please read these Terms carefully before you start to use the Website. By accessing or using the Website, you accept and agree to be bound by these Terms and our Privacy Policy and Cookies Policy.

1. Acceptance of Terms

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website. If you do not agree with any part of these Terms, you must not use the Website.

2. Intellectual Property Rights

The Website and its original content, features, and functionality are and will remain the exclusive property of Summit Seekers and its licensors. The content, including but not limited to text, graphics, logos, images, audio clips, video clips, and data compilations, is protected by copyright, trademark, and other laws of both the United States and foreign countries. You may not copy, reproduce, republish, upload, post, transmit, distribute, or use any part of the Website or its content for commercial purposes without the express written consent of Summit Seekers.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial use. This license does not permit you to:

  • Modify or create derivative works based on the content.
  • Use any data mining, robots, or similar data gathering and extraction tools.
  • Frame or utilize framing techniques to enclose any part of the Website or its content.
  • Use any meta tags or any other "hidden text" utilizing Summit Seekers' name or trademarks.

3. User Conduct and Responsibilities

When using the Website, you agree not to:

  • Violate any applicable federal, state, local, or international law or regulation.
  • Engage in any conduct that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real-time activities.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to reverse engineer, decompile, or disassemble any portion of the Website.
  • Use any automated means, including robots, spiders, or scrapers, to access the Website or collect information from it.
  • Impersonate or attempt to impersonate Summit Seekers, a Summit Seekers employee, another user, or any other person or entity.
  • Engage in any activity that is fraudulent, misleading, or harassing.

You are solely responsible for your conduct on the Website and for any content you post or transmit. You agree to indemnify and hold harmless Summit Seekers from any claims, damages, liabilities, losses, costs, or expenses arising from your violation of these Terms or your use of the Website.

4. User-Generated Content

If the Website allows users to submit content (e.g., comments, reviews, photos), you grant Summit Seekers a perpetual, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Website and Summit Seekers' business. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit.

Summit Seekers reserves the right, but not the obligation, to monitor, edit, or remove any user-generated content that it deems in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates these Terms.

5. Links to Other Websites

The Website may contain links to third-party websites or services that are not owned or controlled by Summit Seekers. Summit Seekers has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Summit Seekers 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.

6. Disclaimers

The Website is provided on an "as is" and "as available" basis. Summit Seekers makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website, unless otherwise specified in writing. To the fullest extent permissible by applicable law, Summit Seekers disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

Summit Seekers does not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components. Summit Seekers will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

7. Limitation of Liability

In no event shall Summit Seekers, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Website.
  • Any conduct or content of any third party on the Website.
  • Any content obtained from the Website.
  • Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Our total liability to you for any claim arising from or related to the Website or these Terms will not exceed the amount you have paid to Summit Seekers, if any, for the use of the Website, or $100 USD, whichever is greater.

8. Indemnification

You agree to defend, indemnify, and hold harmless Summit Seekers and its licensors, and their respective employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Website;
  • Your violation of any term of these Terms;
  • Your violation of any third-party right, including without limitation any right of privacy or intellectual property;
  • Any claim that your User Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Website.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal or state courts located in Denver, Colorado, and you hereby consent to the personal jurisdiction of such courts.

10. Dispute Resolution

If a dispute arises between you and Summit Seekers, our goal is to provide you with a neutral and cost-effective means of resolving the dispute. We encourage you to first contact us directly to seek a resolution. If we cannot resolve the dispute through informal negotiation, we agree to resolve any claims arising out of or relating to these Terms or the Website through:

  • Binding Arbitration: Any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Denver, Colorado.
  • Class Action Waiver: You agree that any arbitration will be limited to the dispute between Summit Seekers and you individually. To the full extent permitted by law, no arbitration proceeding shall be joined with any other proceeding or be subject to any class action or representative proceeding.

If any part of this arbitration provision is found to be invalid or unenforceable, the balance of this provision shall remain in effect.

11. Changes to Terms and Conditions

Summit Seekers reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide reasonable 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 Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.

12. Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. Any invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely approximates the intent and economic effect of the original provision.

14. Entire Agreement

These Terms, along with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and Summit Seekers concerning your use of the Website and supersede all prior and contemporaneous written and oral agreements between you and Summit Seekers regarding the subject matter hereof.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Summit Seekers LLC
1288 Mountain Vista Drive
Aspen, Colorado 81611
United States
Email: [email protected]
Phone: +1 (970) 555-HIKE (4453)

Effective Date: October 26, 2023