Terms of Service
Last updated: June 06, 2025
Welcome to Infinite Outdoors’ website located at http://www.infiniteoutdoorsusa.com and/or our related websites and applications (“Site”), which are provided and maintained by Infinite Outdoors LLC (“Infinite,” or “Company,” or “we,” or “us,” or “our”).
Please read this document carefully, INCLUDING SPECIFICALLY YOUR ASSUMPTION OF ALL RISKS AS DESCRIBED FURTHER IN SECTION 18, YOUR AGREEMENT NOT TO CIRCUMVENT THE SITE AS DESCRIBED IN SECTION 21, AND YOUR AGREEMENT TO ARBITRATE AS DESCRIBED infra IN SECTION 23, because these Terms of Service (“Terms” or “Agreement”), along with the Privacy Policy (“Policy”) and any other guideline, guest rules or agreement found on our Site, which are incorporated herein by reference (collectively referred to as “Entire Agreement”), describe the legally binding agreement between you (referred to hereinafter as, “you” or “your”) and us, AND INCLUDE YOUR VOLUNTARY AND KNOWING WAIVER OF CERTAIN OF YOUR LEGAL RIGHTS. These Terms have been developed by Infinite to describe the terms of your use of our Site, Infinite Services and Trips (as defined below in this Agreement). You do not need to use the Infinite Services or make a reservation for a Listing in order for these Terms to apply and govern your activity on our Site.
Information regarding how we collect, use and disclose confidential, sensitive and personal information, if any, from our Users and Owners can be found in our Privacy Policy. You hereby expressly acknowledge and agree that your access and use of Infinite Services, and acceptance of the Terms herein, are subject to our Privacy Policy and any additional guidelines, licenses, guest rules or agreements found on our Site.
By accessing the Infinite Services and Site, you further expressly agree to comply with this Agreement, and agree that your use of the Infinite Services and Site, and any dispute directly arising out of your use or misuse, shall be governed by this Agreement. We may modify the terms of this Agreement at any time in our sole discretion, by posting amended Terms to the Site, or by sending you an e-mail to the email address you provided to us. Your continued use of the Infinite Services thereafter shall constitute acceptance of all revised, modified, and/or amended Terms and your representation and acknowledgement that you reviewed all such changes and had the ongoing ability to do so on the Site. You should routinely review the most up-to-date version of the Terms from time-to-time on the Site. We will notify you of any material changes, amendments, or modifications to the Terms through the Site, or through other communication. In the event you choose not to agree and accept the new, modified, or amended Terms, you must cease use of any of the Infinite Services, including visiting the Site.
Nothing in these Terms shall be deemed to confer any third-party rights or benefits. Additional terms may apply to certain Infinite Services and Trips, and those additional terms shall become part of your agreement with us if you use those Infinite Services and/or Trips.
1. INFINITE SERVICES
The Site and services are designed to connect recreational property Owners (as defined below in this Agreement) with recreational property users in an effort to increase access to recreational land, and expand the Owners’ opportunities to earn revenue from their properties. Our Site enables Visitors to browse various recreational land locations (“Propert(ies)”), sites, rentals and/or services made available for use through Owners (“Trips”), and to become an Infinite Member, allowing you to create an Account and make Trip reservations (“Reservation(s)”). We may also provide marketing and business process services to Owners through the Site (“Support”) as further described in the Infinite Outdoors Listing Agreement, incorporated herein by reference. The Site, Owner Profile, Account, Trip, and Support are collectively referred to as the “Infinite Services.”
The Infinite Services may include allowing Members to reserve certain Properties as access only properties that are available solely for Members to use as ingress or egress to other listed Propert(ies) and/or publicly accessible land and for no other recreational purpose (“Access Granted Propert(ies)”). Such “Access Granted Trips” are made possible by Infinite’s fundraising efforts with key industry partners and by paid memberships, and such Access Granted Properties and Access Granted Trips are subject to certain Access Granted terms and conditions described herein.
Infinite Outdoors is a facilitator only and is not and does not ever become a party or any intended party of any kind at law or in equity in any contractual relationship between Users and Owners. Similarly, Infinite Outdoors is not and does not in any way hold itself out to be: a real estate broker; realty agent of any sort of property manager; insurer; outfitter; or guide in any sense. Infinite Outdoors expressly and fully disclaims any such status or role. Infinite also is not acting as and will not undertake to act as an express or implied agent in any capacity on any basis for any Owner or User, except with respect to facilitating contact between them and processing the payment transaction between the Owner and User. You expressly acknowledge and agree to Infinite Outdoors’ explicitly limited role in these regards.
You agree you have read and understand the terms of this Agreement, INCLUDING SPECIFICALLY THE KNOWING AND VOLUNTARY ASSUMPTION OF RISK IN SECTION 19 OF THIS AGREEMENT, and that your use of the Infinite Services is at your sole and exclusive risk.
2. USERS: OWNERS, VISITORS AND MEMBERS
2.1. Users. Users include Owners, Visitors, and Members of the Site. Anyone can visit our Site, so long as they abide by the Terms in this Agreement. In order to make use of the Infinite Services or reserve a Listing, you represent that you are:
(a) over the age of 18; and.
(b) have read, understood, and agree to be bound by these Terms, regardless of the device or platform by which you access any of the Infinite Services. If you are under the age of 18 (“Minor”), your legal guardian or parent must agree to these Terms before you may access and use the Infinite Services.
Users may be Visitors of the Site and/or Members of the Trips. If you are using the Infinite Services on behalf of a Minor, you hereby knowingly and voluntarily accept these Terms and are liable for any breach or violation of the Terms herein by either you or the Minor. You shall fully defend, indemnify and hold Infinite and its affiliates, partners, officers, agents, and employees harmless from any claim, suit or action arising from or related to your use of the Infinite Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and reasonable attorney's fees and costs.
2.2. Owners. “Owners” are recreational landowners that create an Owner Profile, allowing the Owner to make their Propert(ies) available to Members for the Reservation of Trips.
2.3. Visitors. Visitors are Users who visit the Site but do not create an Account or
book a reservation for any Trip or other service(s) (“Visitors”). If you are a Visitor of the Site, these Terms still apply to your use of the Site and any of the Infinite Services.
2.4. Members. Members are Users who create an Account. Members may be either be “Access Members” or “Access + Members”.
Access Members are not required to pay Infinite a Subscription Fee for membership, but, subject to applicable law, Access Members must make certain personal information available to Infinite’s partners, as further described in the Infinite Privacy Policy, to qualify for Access Membership. Access Members may make Reservations only for Access Granted Properties, and Access Members’ reservations are subject to certain additional restrictions, including a limited booking period. Certain features, including 3D mapping, are not available to Access Members.
Access + Members are members who pay the applicable Subscription Fee for Access + Membership. Access + Members may reserve any available Properties through the Site, including Access Granted Properties. Access + Members receive additional benefits, including extended booking windows, advanced 3D mapping tools, and access to Access Granted Properties without sharing personal information with Infinite partners.
If you are a Member, these Terms apply to your use of the Site and govern your Reservation terms and conditions for any Infinite Location. If you are a Member, you may be subject to additional guidelines, Member Rules, waivers, rules, licenses, requirements and policies surrounding your actual Trip.
3. REGISTRATION AND ACCOUNT
3.1. If you register and create an account to use the Site as a Member, you agree to the following: (a) to submit a valid e-mail address and password (“Log-in Credentials”) to create your account (“Account”); (b) to submit accurate information, including but not limited to your name, address, email address, location, phone number, and number of guests, on your account (“Account Information”); (c) to keep confidential all aspects of your Account and Log-in Credentials including your username and password, and User Content associated with and within it; (d) that you are responsible for any and all uses of your Account, whether or not you’ve authorized such use; (e) to keep confidential all aspects of other Users’ Account information that you may have authorized access to; (f) to immediately notify us in writing of any unauthorized use of your Account by sending us an email to support@infiniteoutdoorsusa.com; and, (g) that you will not use the Site or Infinite Services for any unlawful or otherwise prohibited activity. You understand that some Services may involve AI-generated or automated communications and decision-making tools, which may operate without human review. The information required to create an Account may vary depending on the country or region or type of Member.
3.2. You shall not voluntarily share or disclose Log-in Credentials to anyone who is not authorized to sign into your Account on your behalf, and you must notify us immediately of any actual or perceived unauthorized use of your Account, or if you suspect that your Log-in Credentials have been stolen. You are responsible for all activities that occur under your Account, whether or not you know about them. We are not liable for any misuse of your account, and the sensitive information within, by an unauthorized party, unless the unauthorized use arises directly from our gross negligence.
3.3. In order to make a Reservation, you may be required to provide us, without limitation, the following information: legal name, address, Trip preferences, email address, credit card information, billing address, reservation dates, names of all individuals on the reservation, the number of individuals on the reservation, the vehicle make/ model/ year/ license plate number that will be used on the property, and the last four digits of the driver’s license number (“Reservation Information”).
3.4. In addition to all other rights described in this Agreement, we reserve the right to deny or cancel your Account at any time and for any reason. We further reserve our right to deny booking requests in the event you are found to have violated or have attempted to violate these Terms or any additional terms that are or were applicable to you.
4. USE OF SITE, INFINITE SERVICES AND BOOKING INFINITE TRIPS
4.1. Use of Site. You may access and use Infinite Services through our Site on a desktop or laptop computer, tablet, smartphone or similar device with Internet access. Device and navigational information, such as IP addresses and location, may be collected in order to improve our business, auto-fill information, provide you with suggested Trips, analyze data and for internal business purposes.
4.2. Use of Infinite Services. By using the Infinite Services, you shall also agree and comply with the terms and privacy policies of any third-party hosting service we may use, including without limitation, Firebase, Sendinblue, and Stripe. Information provided through your use of the Infinite Services may be collected, recorded, stored and/or maintained by us for business purposes and as further described in our Privacy Policy.
4.3. Equipment Rentals. Equipment for recreational sports and outdoor activities may be rented through our Site for certain Trips (“Rental Equipment”) depending on availability. All Rental Equipment are subject to additional terms and conditions, and waivers, upon renting, and such terms are subject to change from time-to-time. Infinite is not liable for any injury, negligence, damage to property, damages, expenses or costs associated with your use of the Rental Equipment.
4.4. Booking Infinite Trip Locations Through the Site. If make a Reservation fora Trip through our Site, you are subject to the additional terms and conditions set forth in Section 19 and any additional terms as provided to you or posted in the Listing, if any. Availability at any particular Trip is not guaranteed and all Trip are subject to availability. Rates and fees for Trips are subject to change from time-to-time.
5. USER CONTENT, GUARANTEE AND LICENSE
5.1. Content; User Content. For purposes of these Terms: (a) “Content” means any text, software, scripts, graphics, photos, sounds, music, videos, logos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Site; and, (b) “User Content” means any Content or data that you provide to be made available through the Infinite Services, including without limitation, photos, videos, testimonials, feedback, and comments.
By transmitting or submitting any User Content while using the Infinite Services, you affirm, represent, guarantee and warrant that such transmission or submission is: (a) accurate and up-to-date; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and, (d) you acknowledge and agree that any of your personal information within such User Content will be processed by us in accordance with our Privacy Policy.
5.2. User Content Limited License. When submitting information and User Content to your Account via the Infinite Services, you retain all intellectual property rights and ownership to your User Content. No transfer of ownership is created between you and us, for your User Content or vice versa. However, so that we can operate the Infinite Services effectively, you grant us, by submitting your User Content to us, a perpetual and irrevocable, worldwide, fully paid, royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with the Infinite Services (“User Content License”). To the extent permitted by applicable laws, you hereby covenant not to assert against us any moral rights you may have in any of your User Content. You agree that we may use your User Content for marketing and promotions of the Infinite Services. The rights you grant in the User Content License are for the purpose of operating, promoting, and improving the Infinite Services, and to develop new services and/or products. You must have the necessary rights to grant us this User Content License for any User Content that you provide to us both directly and indirectly.
6. RESTRICTIONS ON USER CONTENT We reserve the right to cancel a User Account at any time for any reason in our sole discretion. User Accounts may be canceled for several reasons, including, but not limited to:
6.1. Submitting any unlawful, illegal, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable User Content;
6.2. Submitting any other sexually explicit User Content;
6.3. Using any automated means (such as robots, spiders, scripts, or other devices or programs) to access the Site or collect any content;
6.4. Engaging in any “screen scraping,” “database scraping” or similar activities to obtain any content from the Site;
6.5. Accumulating or indexing, directly or indirectly, any content or portion of the Site for any commercial purpose whatsoever;
6.6. Engaging in language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation;
6.7. Posting any unsolicited or unauthorized advertising, “spam,” or junk mail, including “chain letters” and “pyramid schemes;”
6.8. Submitting any User Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right;
6.9. Uploading a virus or User Content designed to disrupt, limit, or damage any functionality of any computer software, hardware or server; and
6.10. For any other reason, if we, in our judgment and sole discretion, deem it appropriate.
7. PROHIBITED ACTIVITIES
Unless you have our prior fully informed express written consent, you shall not, and shall not attempt to:
7.1. Use Infinite Services to submit, store, transmit, or process malicious code, worms or viruses;
7.2. Use Infinite Services to submit, store, transmit, or process User Content that is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) libelous or defamatory; (c) fraudulent, tortious or unlawful; (d) obscene, indecent, pornographic or otherwise objectionable; or, (e) infringing of any person's rights, any applicable laws, or your obligations to any third party;
7.3. Use Infinite Services to submit, store, transmit or process User Content that would give rise to criminal or civil liability or that encourages unlawful activity;
7.4. Gain unauthorized access to Infinite Services, or to our systems or networks;
7.5. Interfere with or disrupt the integrity or performance of Infinite Services, or third party content contained therein;
7.6. Impersonate any person or entity or misrepresent your affiliation with any person or entity in connection with Infinite Services;
7.7. Reverse engineer, disassemble, mimic, or decompile Infinite Services or apply any other process or procedure to derive the source code of any software included in Infinite Services;
7.8. Unless otherwise provided, remove any copyright, trademark, or other proprietary rights notice from Infinite Services.
8. REMOVAL OF USER CONTENT AND REQUESTS
We take the rights of others very seriously. If you have any concerns that User Content is improper or infringing, please contact us at support@infiniteoutdoorsusa.com and if you would like the User Content removed, please provide us with:
8.1. A detailed description of the objectionable content, including where it is located;
8.2. A statement that you have a good faith belief that the poster does not have permission to use the said objectionable content;
8.3. A statement that you are the owner, or exclusive agent of the owner, of the objectionable content;
8.4. Your contact information, including telephone number and physical address; and
8.5. A signed and sworn statement, under penalty of perjury, that your statements above are true to your knowledge.
9. CANCELLATION OF USER ACCOUNT AND USER CONTENT
9.1. Without limiting or waiving any of our other rights under these Terms, we may limit, suspend, terminate, modify, or delete your Account or access to Infinite Services if you are, or if we suspect that you are, failing to comply with any of these Terms for any actual or suspected illegal or improper use of Infinite Services, with or without notice to you. Additionally, we may limit, suspend, terminate, modify, or delete your Account or access to Infinite Services if we believe that you are infringing our intellectual property rights or third parties’, or are acting inconsistently with the letter or spirit of our Terms or any published policies that govern your use of the Infinite Services or Trips. Data will be removed from all applicable devices when your Account is terminated, but only as technically feasible and allowed by applicable law.
9.2. At any time, you may, cancel, remove or change your User Content by editing or specifically deleting it. However, in certain instances, some of your removed or edited User Content may not be completely removed, and copies of your User Content may continue to exist on the system or Site’s server, and other locations belonging to us. Copies, or meta copies, of User Content and information is used for purposes associated with the Infinite Services and Site. Subject to applicable law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content at any time. You may cancel your Account at any time and for any reason. However, canceling your Account may not cancel your Trip or Rental Equipment Reservation, and you may still be required to pay all Fees (as defined below) associated with your Reservation, including any processing fee.
10. FEES and PAYMENTS
10.1. Fees. In order to reserve any Properties other than Access Granted Properties, Members must pay the applicable subscription fee for Access + Membership (“Subscription Fee”). Except for Access Granted Properties, in order to use the Property that is described in and for each Trip, you must pay the applicable daily reservation fee to reserve the Listing (“Reservation Fee”) and the applicable daily fee to access the property described in such Listing (“Outdoorsman Fee”). You may be able to choose additional features and services (“Additional Services”) provided by us and/or our third-party vendors, if available, which may require your payment of additional fees (for example, for Rental Equipment) depending on the specific services you choose (“Add-on Fees”), as well as your agreement to additional terms and conditions associated with those services. The Subscription Fee, Reservation Fee, Outdoorsman Fee, and Add-on Fees, if any, are collectively the “Fee(s).” The Reservation Fee must be paid in full at the time of booking or reserving on our Site. The Outdoorsman Fee must be paid when it becomes nonrefundable according to the terms of this Agreement and each Trip Agreement for each particular Trip. All Fees shall be paid in U.S. Dollars, and all Fees are subject to change from time-to-time prior to our confirmation of your reservation. All Fees may be subject to additional taxes, service fees, and costs not listed on the Site. Infinite does not accept Bitcoin or other cryptocurrency as payment for any amounts owed.
10.2. Third-Party Payment Gateways. We use third-party payment gateways (“Third-Party Payment Gateways”) such as Stripe and PayPal to process our Fees. By using Infinite Services, you hereby agree to the terms of use and privacy policy of the then-current Third-Party Payment Gateway. We are not liable for any issues arising from or related to your breach of any Third-Party Payment Gateway’s policies. We may, from time-to-time, change our Third-Party Payment Gateway. All information collected through our Third Party Payment Gateway, such as credit card information, expiration dates, names, and addresses (“Payment Information”) may be accessible to us but will not be used by us. We are not liable for any data or security breach, or compromised personal or Payment Information that is caused, directly or indirectly, by the Third-Party Payment Gateway. Further, we do not store, copy or use any Payment Information that you provide to us or to the Third-Party Payment Gateways in place at the time.
11. CANCELLATIONS AND REFUNDS
If you cancel your Reservation for any Trip, you will be deemed to intentionally forfeit your entire Reservation Fee unto Infinite as agreed reasonable liquidated damages to compensate Infinite for administrative costs, unless Infinite, in its sole and absolute discretion, chooses to process your cancellation otherwise – which Infinite is not ever obligated to do. For all small game, fishing properties and similar type (i.e. waterfowl, upland game, trout, bass, coyote, lodging, etc.), if you cancel your Reservation at any Listing more than 48 hours before your scheduled access period, and the Trip does not have a strict cancellation policy, then you will not be charged the Outdoorsman Fee. If you cancel your Reservation within 48 hours of your scheduled access period or if the Trip has a strict cancellation policy in effect, you will be charged for all Fees, but fifty percent (50%) of the applicable Outdoorsman Fee will be available to you in your account to use as a credit against any future Reservation. For all big game and similar properties (i.e. elk, deer, turkey, antelope, etc.), if you cancel your Reservation at any Property more than thirty (30) days before your scheduled access period, and the Listing does not have a strict cancellation policy, then you will not be charged the Outdoorsman Fee if the hunt can be moved to a different Property or year. If rebooking isn’t possible, no refund of the 50% outdoorsman fee already collected (due two weeks after state draw results, or at the time of booking if after) will be refunded, but the final payment 50% payment will not be processed. If you cancel your Reservation within thirty (30) days of your scheduled Trip or if the Listing has a strict cancellation policy, you will be charged for all Fees, but 50% of the applicable Outdoorsman Fee will be available to you to use as a credit against any future Reservation. For all hunt types, there will be no refunds for reasons beyond Infinite’s control, including for weather conditions, for lack of fish or game at the Property, or for disruption caused by any Owner. If there are extenuating circumstances, such as an Owner disallowing access to the Property despite the Owner’s obligation to provide it, or if the Owner has made material misrepresentations in its Listing, then Infinite Outdoors may, in its sole and absolute discretion, grant a refund to the Member using the applicable payment gateway as described in this Agreement. In the event that you are in violation of this Agreement, any applicable policy or the Member Rules, you shall not be entitled to any Fee refund or credit. The Subscription Fee is non-refundable.
12. TERM AND TERMINATION
12.1. You may stop using the Site at any time and for whatever reason. We may also stop providing the Site to you, add or create new limits to Infinite Services, or terminate your Account with us at any time and with written notification to you (“Termination”). You may terminate your Account with us at any time and for any reason. You may cancel a Trip reservation at any time and for any reason, subject to applicable cancellation fees and policies.
12.2. This Agreement shall be in effect until you terminate your Account and cease to use the Infinite Services, or until we cancel your Account for whatever reason (“Agreement Term”). Access + Members agree that this Agreement and such Access + Membership will automatically renew for successive one-year terms, and such Access + Member(s) credit card will be charged for the applicable Subscription Fee upon such renewal, unless such Access + Membership is cancelled by Member prior to such renewal. All intellectual rights, property information and other business sensitive terms remain in effect indefinitely regardless of account termination. In the event of Termination, your User Content may still be stored in our servers, sites, applications, networks, and systems, and may still be used for business and internal purposes. You may reinstate your Account at any time but may be subject to Fees and/or reinstatement fees.
13. INTELLECTUAL PROPERTY OWNERSHIP
Using the Infinite Services or products does not give you express or implied ownership of any intellectual property rights in the Infinite Services or Site, or the Content you access. You shall not use Content from our Site or the Infinite Services unless you obtain explicit written permission from us or the rightful owner or are otherwise permitted by law. These terms do not grant you the right to use any branding, trademarks, trade dress or logos used in the Infinite Services or Site without our written permission. You shall not remove, obscure, or alter any legal notices displayed in or along with the Infinite Services and Site. All Content, software and material provided through the Infinite Services is the intellectual property of Infinite and/or its licensors, unless we have acknowledged otherwise in writing, and we hold all rights, titles, and interests in the Infinite Services and any works associated with the Infinite Services, including without limitation, all logos, source code, images, videos, photos, trademarks, trade dress, informational material provided through the Infinite Services, resources, marketing material, articles, domain names, user database, business methods, updates, copyright (“Intellectual Property”) that we provide you for the benefit of using the Infinite Services. Nothing in this Agreement or through your use of the Infinite Services shall be construed to be a transfer or grant of title to our Intellectual Property.
14. DISCLOSURE OF INFORMATION AND USER CONTENT
Your information, and the contents of all of your online communications (including without limitation, text, internet protocol addresses, personal information, personal identifiable information, and User Content) may be accessed and monitored as necessary to provide the Infinite Services, and also may be disclosed: (a) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (b) to satisfy any applicable laws or regulations; (c) where we believe that the Infinite Services is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (d) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; (e) in order to protect our rights or property, including to enforce our Terms, (f) as otherwise provided in Infinite’s Privacy Policy. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure. See our Privacy Policy for further disclosure policies on User Content and personally identifiable information.
Infinite may use third-party communication platforms and AI-powered systems, including virtual agents or automated tools, for purposes including but not limited to scheduling, reservation changes, customer service communications, and chat or voice assistance. These systems may record, analyze, respond to, or route your communications in real-time, and may operate with limited or no human involvement. You acknowledge and consent to this use of automated technology. See our Privacy Policy for details and opt-out information.
15. THIRD-PARTY AFFILIATE(S) AND CONTENT
15.1. We may suspend or stop providing the Infinite Services to you at any time if you do not fully comply in good faith with our or applicable third-party affiliates’ and/or partners’ terms or policies. In order to enhance your experience, we may display or provide you with content and services that are not owned or operated by us (“Affiliate Content and Services”). This Affiliate Content and Services are solely responsible for the content and service it provides to you, and we in no way guarantee the accuracy or availability of the Affiliate Content and Services or their compliance with their own terms of use and privacy policies. You should review any Affiliate Content and Services’ agreements to make sure you agree with their services, policies and terms, including our Third-Party Payment Gateway and any partners through which we offer services or products. We are under no obligation to ensure that those Affiliate Content and Services work error-free, are accurate and are up-to-date. We may (but are not obligated to) review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display the Affiliate Content and Services that we reasonably believe violates our Terms or applicable law.
15.2. The Infinite Services may contain links to other third-party websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy or other practices of such third-party websites and/or vendors. Accordingly, we cannot and shall not be responsible for any issues, including offensive or malicious content, usability, or other problems with or related to those websites. You are solely responsible for reading and understanding the policies and terms of use or service of any other website that you visit, both directly and indirectly relating to the Infinite Services.
15.3. Infinite Services may include data sets that are not generated by Infinite and, thus, we cannot and do not guarantee their accuracy. This includes data like, but not limited digital mapping data on Infinite web and mobile applications. The digital map data that we may provide is derived from various raw data sources, and we cannot guarantee the accuracy, completeness, or reliability of such data. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the digital map data, or the information, products, services, or related graphics contained in such data. Any reliance you place on such information is therefore strictly at your own risk.
We shall not be liable for any loss or damage arising from the use of, or inability to use, the digital map data, including, without limitation, any direct, indirect, incidental, consequential, or punitive damages, whether in contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damages.
Furthermore, we reserve the right to modify, update, or discontinue the digital map data at any time without prior notice. We do not guarantee that the digital map data will be error-free, uninterrupted, or free of viruses or other harmful components.
By accessing and using our digital map data, you acknowledge and agree that you are solely responsible for verifying the accuracy and reliability of such data before relying on it for any purpose. You also agree to indemnify and hold us harmless from any and all claims, damages, or expenses arising from your use of the digital map data.
16. AUTOMATED SYSTEMS AND DECISION-MAKING
Infinite Outdoors uses artificial intelligence (“AI”), automated decision-making systems (“ADM”), and communication tools provided by third parties such as SimpleTalk to operate and enhance its Services. These tools may make or assist with decisions relating to scheduling, reservations, routing of service inquiries, and general operational communications. You understand and agree that these systems may operate automatically and without human review.
If you do not wish to be subject to these systems, your sole remedy is to stop using the Services and request account deletion. See our Privacy Policy for further details on your rights and how to opt out of such processing.
17. MEMBER RULES
If you are a Member on a Trip, a guest of a Member on a Trip, and/or have made a Reservation to access a Trip, you hereby knowingly and voluntarily agree to the additional Member Rules outlined below. These Member Rules are subject to change from time-to-time and in our sole discretion. Additional rules and policies may apply based on the particular Listing’s unique characteristics and the policies of the Owner. Violation of these Member Rules is a material breach of this Agreement, and it is grounds for immediate termination, cancellation of your Account, Trip, and any Reservation without the entitlement to any refunds, and/or the denial of your use of Property described in the Listing. Not following the exact Member rules and processes fully and in good faith can lead to criminal trespassing offenses enforceable by the Owner.
17.1. Maximum Guests per Reservation Each Listing may have its own maximum guest capacity, by which you must abide. If you have more guests than the stated capacity, you and your guests may be asked to leave the Property, you will be in breach of this Agreement, and/or your reservation may be denied with no refund. Every guest of a Member must be invited and have accepted their invitation digitally through the Infinite Site to become a Member and official “guest” of the Reservation PRIOR to entering the Property for any Trip.
17.2. Modification to Your Reservation. If you want to update your Reservation to reduce the number of reserved days, such reduction will be subject to the applicable cancellation policy, and your Reservation will be updated and you’ll be charged and/or refunded, as applicable. If you want to update your Reservation to increase the number of reserved days, such increase will be subject to availability, the applicable Reservation Fee, and the applicable cancellation policy, and you’ll be charged as applicable for any modification. If your Trip has already ended or is in progress, you will not be able to change it.
17.3. Removal from Property. Infinite reserves the right to ask Members and/or Member guests to leave any Trip property, and to promptly and fully pay and/or reimburse the appropriate party(ies) for any damages as a result of the Member or any Member guest’s disregard or violation of these Terms or these Member Rules. Further, we reserve the right to deny your Reservation and/or Trip if we believe, in good faith, that you have violated these Terms, these Member Rules, any applicable law or regulation, or pose a threat to other Members and/or Owners or personnel at the Property. Some specific monetary fines can be set by Owners for violations as found in their Listing specific rules and regulations.
17.4. Minimum Age for Members and Member Guests. Individuals who are below the age of 18 (“Minors”) are not allowed to reserve a Trip or to register as a Member guest without a legal guardian or parent present.
17.5. Prohibited Activities at All Properties. Members and their guests at all Trips agree not to and shall not:
17.5.1. Operate weapons in any unsafe manner, including but not limited to pointing weapons towards people, livestock, buildings, and similar structures or property.
17.5.2. Discharge weapons within the range of the weapon from any person not party to the hunt and from any occupied building.
17.5.3. Discharge weapons from within a vehicle.
17.5.4. Trespass on neighboring land or in areas reserved by the Owner pursuant to each Trip.
17.5.5. Modify any hunting blind placement or otherwise move structures without the written agreement of the Owner and Infinite Outdoors.
17.5.6. Access or use the property that is a Trip if you have not paid all Fees and at any time other than the scheduled use window that you have reserved.
17.5.7. Bring pets onto the property, with the sole exception of bringing hunting dogs with the purpose of using them for the scheduled hunt and provided such hunting dogs are not uncontrolled for any sustained period of time or allowed to trespass on neighboring property.
17.5.8. Use ATVs, motorcycles, e-bikes, or similar off-road vehicles without the explicit permission of the Owner and in compliance with the Owner’s rules regarding areas on which such vehicles are allowed.
17.5.9. Start fires, including campfires, without the prior written permission of the Owner.
17.5.10. Access any Listing property while under the influence of alcohol or federally illegal drugs, or while under the influence of legal drugs that may impair safety.
17.5.11. Use the property for any other purpose than to pursue the applicable species during the applicable scheduled access window.
17.5.12. Use the property without proper licensing and outside of legal shooting hours or dates for the particular species.
17.5.13. Exhibit unnecessary violence or inhumane treatment toward animals or otherwise disrespect the culture of responsible hunting, including any failure to reasonably search for and retrieve any wounded animal.
17.5.14. Violate any laws or regulations set forth by the federal government of any state wildlife and game commission.
17.5.15. Violate any unsafe hunting practices set forth by hunter’s safety courses.
17.6. Access Granted Properties – Access Only. In addition to the requirements in Section 17.5 above, Member and Member guests agree that they will not use any Access Granted Property for any purpose other than ingress and egress to another Property for which such Member has a valid Reservation and has paid all Fees due associated with the Access Granted Property and the adjacent Property for which such Member has a valid Reservation. For the avoidance of doubt, you agree not to hunt, fish, build fires, build blinds, or engage in any other recreational activity, except solely moving to or from another Property for which you have a Reservation, on any Access Granted Property.
17.7. Offers and Promotions. We may from time-to-time provide our Members with offers and promotions to use towards Trips (“Offers and Promotions”). All Offers and Promotions are subject to separate terms and conditions, availability, and any expiration date.
17.8. Member Rules Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURIES, INCLUDING DEATH, RESULTING FROM: (a) YOUR FAILURE TO ABIDE BY THESE MEMBER RULES OR ANY ADDITIONAL RULES AT AN INFINITE TRIP; OR, (b) YOUR NEGLIGENCE OR ILLEGAL CONDUCT. IN ANY EVENT, OUR MAXIMUM LIABILITY SHALL NOT EXCEED THE NET AMOUNT OF FEES PAID BY YOU FOR THE INFINITE SERVICES DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. OWNERS ALONE ARE RESPONSIBLE FOR THEIR INFINITE TRIP(S). WHEN A MEMBER MAKES OR ACCEPTS A RESERVATION, THEY ARE ENTERING INTO A CONTRACT DIRECTLY WITH THE OWNER. INFINITE IS NOT AND DOES NOT BECOME A PARTY TO OR OTHER PARTICIPANT IN ANY CONTRACTUAL RELATIONSHIP BETWEEN MEMBERS AND OWNERS, NOR IS INFINITE OUTDOORS A REAL ESTATE BROKER, INSURER, OR OUTFITTER. INFINITE IS NOT ACTING AS AN AGENT IN ANY CAPACITY FOR ANY OWNER OR MEMBER, EXCEPT WITH RESPECT TO PROCESSING THE PAYMENT TRANSACTION BETWEEN THE OWNER AND MEMBER, IF APPLICABLE.
17.9. Member Rules Indemnification and Waivers. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Infinite, and its officers, directors, employees and agents, from and against any and all claims, damages, injuries, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and costs) arising from: (a) your or your guests’ breach of these Member Rules or any additional rules at a Listing; (b) your violation of any third-party right; (c) property damage at the Listing; (d) your misuse of the Property or Site; (e) any act or omission of yours or anyone under your direction or control; and, (f) your violation or alleged violation of any law or ordinance. If you cause harm to us or violate these terms, we may defend ourselves and require you to pay the costs of the defense or any judgment against it, or we may require you to defend us against a third-party. This defense and indemnification obligation will survive these terms of service and your use of the Infinite Services.
18. DISCLAIMER OF WARRANTIES.
USE OF INFINITE SERVICES IS AT YOUR SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM SUCH USE. THE INFINITE SERVICES ARE PROVIDED ONLY ON AN “AS IS” BASIS. WE AND OUR LICENSORS, PARTNERS AND AFFILIATES, IF ANY, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY PARTNER. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT THE SERVICE OR THE INFINITE TRIPS WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SERVICES IN WHOLE OR IN PART, INCLUDING SOFTWARE, WILL BE CORRECTED. INFINITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR CONTENT OR THE CONTENT OF ANY SITES LINKED TO INFINITE SERVICES’ AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES OR INFINITE TRIPS; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR, (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. INFINITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IMPORTANTLY YOU ARE SOLELY RESPONSIBLE FOR THE SAFEKEEPING OF ANY DIGITAL CURRENCY OR WALLET CREATED ON OR USED IN CONJUNCTION WITH THE SERVICES. WE DO NOT STORE OR PROTECT YOUR PAYMENT INFORMATION OR ONLINE WALLETS AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOST OR THEFT OF YOUR PAYMENT INFORMATION FOR ANY REASON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
19. ASSUMPTION OF RISK; LIMITATION OF LIABILITY
19.1. ASSUMPTION OF RISK.
YOU UNDERSTAND THAT USING ANY OWNER PROPERTY, ATTENDING ANY TRIP, AND ENGAGING IN RECREATIONAL ACTIVITIES, INCLUDING HUNTING AND FISHING, USING GUNS, BOWS, AND OTHER WEAPONS, AND USING RENTAL EQUIPMENT AND ANY OTHER SIMILAR ACTIVITIES ASSOCIATED WITH THE INFINITE SERVICES (“ACTIVITIES”) EXPOSES YOU TO MANY HAZARDS, INCLUDING AN UNAVOIDABLE RISK OF DEATH, PERSONAL INJURY (INCLUDING BUT NOT LIMITED TO SEVERE SPINAL OR HEAD INJURY) AND LOSS OF OR DAMAGE TO PROPERTY, DESPITE OUR, YOUR, OR OTHERS’ IMPLEMENTATION OF ALL REASONABLE PRECAUTIONS. YOU UNDERSTAND THAT THE ACTIVITIES MAY RESULT IN HAZARDS POSED BY OTHER MEMBERS, OWNERS, AND OTHERS WHO MAY BE AT OR NEAR ANY PROPERTY, AND HAZARDOUS PROPERTY, FIELD, TRAFFIC, ROAD, AND/OR TRAIL CONDITIONS. NOT ALL HAZARDS AND DANGERS CAN BE FORESEEN.
YOU UNDERSTAND THERE ARE SIGNIFICANT RISKS OF INJURY ASSOCIATED WITH PARTICIPATION IN ANY ACTIVITIES, AND YOU MAY EXPERIENCE CERTAIN ADVERSE PHYSICAL CHANGES DURING OR FOLLOWING PARTICIPATION IN THE ACTIVITIES. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO: KNEE, BACK, OR FOOT INJURIES; MUSCLE STRAINS, PULLS OR TEARS; ABNORMAL BLOOD PRESSURE; FAINTING; HEART RHYTHM DISORDERS OR HEART ATTACK; STROKE; OR EVEN DEATH. YOU FURTHER UNDERSTAND THAT CERTAIN PRESCRIBED MEDICATIONS MAY EXACERBATE THOSE PHYSIOLOGICAL CHANGES AND CREATE AN EVEN GREATER RISK OF PHYSICAL INJURY OR DEATH.
YOU FURTHER UNDERSTAND THAT YOU SHOULD NOT AND CANNOT PARTICIPATE IN ANY OF THE ACTIVITIES IF YOU ARE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. YOU CERTIFY THAT YOU ARE: (a) PHYSICALLY SOUND; (b) HAVE MEDICAL APPROVAL TO PROCEED WITH THE ACTIVITIES; AND, (c) YOU ARE NOT AWARE OF ANY PHYSICAL LIMITATIONS, MEDICAL CONDITIONS, OR OTHER CIRCUMSTANCES THAT WOULD BE AGGRAVATED OR INCREASE YOUR RISK OF ILLNESS OR INJURY AS A RESULT OF PARTICIPATING IN THE ACTIVITIES.
WITH FULL ACKNOWLEDGEMENT OF ALL RISKS, YOU KNOWINGLY AND VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES AND EXPRESSLY ASSUME ALL RISKS AND DANGERS, INCLUDING RELATED TO PHYSICAL EXERCISE, WEAPONS, WATER AND SIMILAR HAZARDS, AND ALL ACTIVITIES ASSOCIATED WITH THE RENTAL EQUIPMENT, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
19.2. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE INFINITE SERVICES, INCLUDING DAMAGES FOR LOSS OF FEES PAID, LOSS OF DATA OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR LOGIN CREDENTIALS OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR BACKUP, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE NETWORK OR SERVER, OR THE FAILURE OF ANY MESSAGE TO SENT OR TO BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM. FURTHER, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE MAXIMUM LIABILITY OF US TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU THROUGH THE INFINITE SERVICES DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR TRIP.
YOU FURTHER HEREBY KNOWINGLY AND VOLUNTARILY ACKNOLWEDGE UNDERSTAND AND AGREE THAT THE TERMS OF THIS AGREEMENT, NOTIFICATON AND WAIVER ARE INTNEDED TO FULLY COMPLY WITH THE APPLICABLE PROVISIONS OF THE WYOMING RECREATIONAL SAFETY ACT (W.S. § 1-1-121 through -123), AS AMENDED.
20. INDEMNIFICATION
20.1. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Infinite, and its officers, directors, employees and agents, 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: (a) your use or misuse of and access to the Infinite Services; (b) your breach, non-compliance, or violation of any terms of these terms of service or our privacy policy or any applicable rules or policies, by you or anyone under your direction and control; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; (d) any actual or potential claim that your content caused damage to a third party; (e) any act or omission of yours or anyone under your direction or control; (f) your violation or alleged violation of any law or right of any third party; and/or, (g) any loss of data or fees of any kind, for any reason. This defense and indemnification obligation will survive these terms of service and your use of the Infinite Services. In any event, we cannot compensate you for harms we could not reasonably expect from providing the Infinite Services to you. If you cause harm to us or violate these terms, such as by providing inaccurate information or posting infringing content, we may defend ourselves and require you to pay the costs of the defense or any judgment against it, or we may require you to defend us against a third party.
20.2. Users may not involve us or any other indemnified party in any dispute, including litigation, arising out of or related to any transaction, agreement, or arrangement you may have with any other User, Owner, or other third party arising out of or in any way related to the Infinite Services (“Dispute”). If you attempt to do so you shall: (a) pay all costs and reasonable attorneys’ fees incurred in connection therewith by us, any of our affiliates, or any of their respective employees, and you shall fully defend, indemnify and hold the indemnified parties harmless from all losses incurred by any of them as a result; and, (b) the jurisdiction for any such Dispute shall be limited to the jurisdiction set forth below.
21. NON-CIRCUMVENTION
Infinite Outdoors spends significant resources finding and engaging with Owners to help make available to Users the recreational properties listed on the Site, and Infinite Outdoors spends significant resources finding and engaging with Users to help Owners procure paying customers for their Listing(s). You understand and agree that your entering into a direct relationship (license) with any Owner or User, as the case may be, regarding use of any property you discover or list through the Site, on behalf of yourself or any other individual or entity, without using the Site, would prevent Infinite Outdoors from realizing the benefit of its investment in finding and engaging such Owners or Users, as the case may be, and therefore significantly damage Infinite Outdoors. Accordingly, You agree that, for a period of one year from the date you last used any property listed on the Site, or from the date a Member last used your property if you are an Owner, you will not enter into any agreement, transaction, or arrangement with such Owner(s), or Member(s) as the case may be, related to any use of such property or properties for recreational activities of any type. You further agree that the damages arising out of your breach of this section 21 would be difficult to quantify, and so you agree to pay as liquidated damages, and not a penalty, the lesser of $5000.00 US or the Fees actually collected for such Trip in the trailing twelve (12) month period, if such property has been listed for a full twelve (12) month period, for any such breach of this section 20.
22. EQUITABLE RELIEF
By using the Infinite Services, you acknowledge that damages may be an inadequate remedy if you or anyone under your direction or control breaches or threatens to breach any Terms, including but not limited to the terms in section 13 and section 20 of this Agreement, and that any such breach may cause us significant and irreparable injury and damage. Accordingly, you acknowledge that we shall be entitled, without waiving any additional rights or remedies otherwise available to it at law or in equity or by statute, to seek injunctive relief in such event without the necessity of posting a bond.
23. DISPUTE RESOLUTION
This Agreement will be governed by and construed in accordance with the substantive and procedural laws of the State of Wyoming. Except as provided in Section 21 supra, any Dispute arising out of or in connection with this Agreement shall be referred to and adjudicated using only mandatory binding arbitration with said arbitration proceedings to be held in Casper, Wyoming before a single arbitrator from the available arbitrators at any one of the Wyoming law firms of: Pence & MacMillan (Laramie-Sheridan), Yonkee & Toner (Sheridan) or, only if no qualified Wyoming attorney arbitrator is available from either of those law firms, then using the Denver, Colorado, JAMS arbitration service. Such arbitration shall be conducted only using streamlined arbitration rules and limited discovery procedures and only applying the final offer arbitration (“baseball-style”) method of arbitration. The prevailing party in any such dispute determined using such mandatory binding arbitration shall be entitled to attorney’s fees and costs.
24. SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining Terms shall be enforced, with the invalid or unenforceable provision deemed modified to the least extent necessary to make it valid and enforceable while encompassing the intent of the Terms. Any failure to act on our part with respect to a breach of these Terms does not waive our right to act with respect to a continuing, subsequent, or similar breach.
25. ASSIGNMENT
You shall not assign or attempt to transfer your rights under the Terms, and any attempt to the contrary shall be void and of no effect. We may transfer our rights under this agreement in the event of a business consolidation, sale, or transfer. The Terms shall inure to the benefit of and be binding upon your and our respective successors and assigns.
26. ENTIRE AGREEMENT
These Terms, along with our Privacy Policy, Member Rules, and any applicable Listing Rules and/or Agreement, constitute the complete and exclusive understanding and agreement between you and us relating to the subject matter hereof, and, except for any separate written agreement Infinite may have with any owner of a property who also wishes to use the Infinite Services subject to this Agreement, in which case such separate agreement regarding such property remains in force notwithstanding these terms or the terms of any Listing Agreement, supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
27. NOTICES
Any notice required or given to you under the Terms may be delivered by electronic mail to the email address you provide during registration on the Services or Site, or listed on your Account. Notices may also be delivered by postal mail to the mailing address you provide during registration for the Services or Site, or listed on your Account.