Acceptance of Terms

By using Rubikon Adventures website, you indicate your unconditional acceptance of and agreement to these Terms of Service.

Scope of Services Provided

Rubikon Adventures maintains this Website as a service to the user community. “Website” shall include all services, features, routes, gps tracks, forums, discussion threads, etc available on rubikonadventures.com. We may deny access or service to any person or entity for any reason. We may alter, suspend, or discontinue any content on the Website. We make no guarantees about the availability of any content or any person or entity’s ability to access the content. Rubikon Adventures does not warrant that the Website or the service will be free of bugs, errors, viruses, defects or other harmful components.

In no event shall Rubikon Adventures, its owners, volunteers or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Website, the services, the Content or the Website materials contained in or accessed through the Website, including without limitation any damages caused by or resulting from reliance by user on any information obtained through the Websites or that result from mistakes, omissions, interruptions, deletions, errors, defects, viruses, delays in operation or transmission or any failure of performance.

Website Content

“Content” includes all information, text, images, video, data, links, software, or other material accessible through the Website whether created by Rubikon Adventures or provided by another visitor or user of the Website. Content is intended for personal, non-commercial use. The sale or other commercial or business use, of Rubikon Adventures Content is expressly prohibited.

Rubikon Adventures does not represent or warrant that the Website or its Content are accurate, complete, reliable, current or error-free. Content is provided “AS IS,” with all faults, defects and errors, and without any express or implied warranty of any kind. All Content and use thereof is available for use entirely at your own risk.  

Content is protected by intellectual property rights including copyright and trademark law. Your use of nor any term herein provides, results or transfers any interest In and to the Website or its Content to you. All such Intellectual property, including without limitation all Rubikon Adventures copyrights and trademarks, shall be and remain the exclusive property of Rubikon Adventures. You may not reproduce, transmit, disclose, assign, copy, rent, modify, merge, publish, sell, transfer, decompile or reverse engineer any Content in any form by any means. You may not remove any copyright trademark, or other proprietary notices from the Content. 

The inclusion or reference to any third party or third party product or services shall not be construed as an approval or endorsement of the same and shall not be responsible or liable for any third party product or service. 

If you submit your own material, images, text, or video for which you have a copyright on any forum or community board, you are providing Rubikon Adventures a non-exclusive license to use that Content unless and until you request that Content be removed in writing. Rubikon Adventures is not liable to you for the copyright infringement of said Content is if is reproduced from the Website without our express permission by another user. We are not responsible or liable for the conduct of other users or for their views, opinions, and statements. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. We have the right, but not the obligation, to monitor Content submitted by users to determine compliance with these Terms of Service and the right in our sole discretion to edit or remove any Content submitted or posted in any user for any reason.

This Website and its Content is intended to serve a general audience and does not provide specific features or services targeted toward children. We do not knowingly solicit personal information from children under the age of thirteen.

Disclaimer of Warranty and Limitation of Liability

All disclaimers of Warranties and liability limitations in this section or elsewhere in these Terms of Service shall apply and extend to Rubikon Adventures, its owners, agents, or volunteers. To the fullest extent permitted by applicable law, RUBIKON ADVENTURES DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE WEBSITE AND CONTENT AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

Assumption of Risk and Release of Liability

The Content contains and may be related to outdoor activities including but not limited to backcountry motorbike routes, remote camping, GPS tracks and the like. These activities involve inherent risk. By using the Content in personal pursuit of these activities, you specifically agree and acknowledge that you are assuming the risk in any activity for which you choose to use said Content. You acknowledge that you are aware of the risks, dangers and hazards associated with such activities and freely and fully assume all such risks, dangers, and hazards and the possibility of personal injury, death, and property damage or loss resulting therefrom.  

I AGREE TO RELEASE AND WAIVE AND HOLD HARMLESS RUBIKON ADVENTURES, ITS OWNERS, AGENTS, OR VOLUNTEERS FROM ANY AND ALL CLAIMS WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF THE WEBSITE OR ITS CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF RUBIKON ADVENTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Liquidated Damages

In no event shall the aggregate liability of Rubikon Adventures, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Website exceed any compensation you pay, if any, to Rubikon Adventures for access to or use of the Website or Content therein.

Damages owed to Rubikon Adventures due to the infringement of intellectual property rights shall be determined by the laws of equity.

Governing law; jurisdiction

These terms of service are governed by the laws of the State of Washington and the United States of America, without regard to any conflict of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to the Website or the Content shall be resolved by binding arbitration in Snohomish County, Washington and enforceable by any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the Western District of Washinton or any other court of competent jurisdiction.

If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severed and shall not affect the validity or enforceability of any other provision.