Read Carefully — This Affects Your Legal Rights
In exchange for access to and use of the applicable products and services of Eastern Mountain Range, LLC ("Company"), I, the individual accepting this agreement, agree to the following terms.
The Company establishes an innovative platform with subscription-as-a-service products, online services, and other business services for users to experience and explore the wilderness. Users explore a unified platform of wilderness recreation, stewardship, and culture using one map with unique markers for pins and places.
This agreement applies to my voluntary participation in culture activities associated with breweries, wineries, and distilleries, including alcoholic beverages encountered through places for drinks and eats. Through the platform, users plan and prepare for moments and record and report activities to change moments into memories with ratings for each activity within a memory.
A place, drink, activity, or experience appearing in the platform does not, by itself, mean that the Company produces or serves alcoholic beverages, owns the establishment, or organizes or supervises the activity.
(1) Agreement To Follow Directions
I affirm that I am at least 21 years of age and meet the legal drinking age where I participate. I agree to comply with applicable laws, posted rules, warnings, and lawful directions from the establishment or activity organizer. I will not provide alcohol to minors or drive, operate equipment, or undertake hazardous activities while impaired. I am responsible for arranging safe transportation.
(2) Assumption Of The Risks And Release
I recognize that alcohol consumption may involve impaired judgment and coordination, falls, collisions, illness, medication interactions, alcohol poisoning, property damage, serious injury, or death. I voluntarily decide whether and how much to drink and may decline or discontinue participation. Platform information, ratings, and recommendations do not guarantee safety. I accept the inherent risks of my voluntary participation to the extent permitted by law.
To the extent permitted by applicable law, I release and discharge the Company and its officers, directors, employees, and agents acting within the scope of their duties from claims for damage to my property arising from my participation or use of the covered platform services, including such claims arising from ordinary negligence.
This agreement does not release claims for personal injury or death caused by negligence, claims arising from gross negligence or reckless or intentional misconduct, claims arising from unlawful alcohol service, or any rights or liabilities that applicable law does not permit me to waive.
(3) Indemnification
To the extent permitted by applicable law, I agree to indemnify and hold harmless the Company and its officers, directors, employees, and agents against third-party claims, damages, judgments, and reasonable costs, including attorney fees, to the extent caused by my negligent, reckless, or intentional misconduct or violation of law.
This provision does not require me to indemnify any person for that person’s own negligence or misconduct, or to reimburse the Company for bringing a claim that this agreement expressly preserves.
(4) Fees
I am responsible for purchases and participation charges I authorize and for property damage caused by my negligent, reckless, or intentional actions, as provided by applicable law. This agreement does not authorize unspecified charges or change subscription cancellation or refund terms.
(5) Governing Law
This agreement is governed by the laws of the Commonwealth of Virginia, subject to applicable federal law and protections that cannot lawfully be waived. Disputes are subject to section (9).
(6) No Duress
I accept this agreement voluntarily and without duress. I have had a reasonable opportunity to review it and may seek advice from independent legal counsel before accepting it.
I may decline to accept this agreement. Access, cancellation, and refund rights are determined by the applicable Terms And Conditions, purchase terms, and law. This agreement does not represent that the Company has offered a refund.
(7) Arm’s Length Agreement
The Company and I act in separate capacities. This agreement does not create a partnership, employment, or agency relationship. These are standard terms and are not necessarily individually negotiated. This agreement will be interpreted in accordance with applicable law.
(8) Severability
If a provision is held invalid, illegal, or unenforceable, the remaining provisions continue to apply to the extent permitted by law. A provision may be limited or modified only as permitted by applicable law. This section does not make an otherwise prohibited release enforceable.
(9) Alternative Dispute Resolution
The parties will first attempt in good faith to resolve disputes through negotiation. If negotiation does not resolve a dispute, the parties agree to attempt mediation with a mutually acceptable mediator.
If the dispute remains unresolved, the Arbitration and Class Action Waiver provisions in the Terms And Conditions accepted by the participant apply to the extent they lawfully cover the dispute. This agreement does not expand those provisions or remove rights that cannot lawfully be waived.
Nothing in this section prevents timely filings to preserve a claim or requests for urgent relief as permitted by law. Negotiation or mediation does not automatically extend a filing deadline.
(10) Emergency Contact
In an emergency, I will contact local emergency services when possible. I am responsible for making emergency arrangements with my companions or activity organizer. The platform is not an emergency monitoring service and does not automatically notify an emergency contact.
Acknowledgment
I have read this document and understand it. I understand that, by accepting this release, I voluntarily surrender certain legal rights only to the extent expressly stated and permitted by law.
I accept this agreement for myself only. I do not accept it on behalf of family members, companions, or minors.
Notice
This agreement includes an assumption of risks, a limited release of property-damage claims, and responsibility for my own conduct. It does not release claims for personal injury or death caused by negligence. Applicable arbitration provisions in the Terms And Conditions may affect how disputes are resolved.
The Participant
My acceptance is recorded electronically through my account during legal consent. The Terms And Conditions and Privacy Policy apply to the account information associated with my acceptance.
Contact Us
Questions about this agreement may be sent to Eastern Mountain Range, LLC at legal@emrmg.com.