S2 MOUNTAIN ADVENTURES (“S2MA”) TERMS OF USE

Effective Date: January 31, 2024

Thank you for using the S2MA Website! We want your experience to be safe, enjoyable and transparent.

Please read these Terms of Use ("Terms") carefully before using our website. By accessing or using our website, you agree to comply with these Terms. If you do not agree with any part of these Terms, please refrain from using our website.

1. Acceptance of Terms: By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Content and Services: Our website provides information about trekking routes, climbing routes, guides, gear, and related services. We strive to provide accurate and up-to-date information, but we do not guarantee the accuracy, completeness, or reliability of any content.

3. Assumption of Risk: Engaging in climbing activities involves inherent risks, including but not limited to falls, equipment failure, and weather conditions. By using our website or engaging our services, you acknowledge and assume these risks.

4. Booking and Services: Any bookings for guided climbs or other services made through our website are subject to availability and our booking policies. We reserve the right to refuse or cancel any booking at our discretion.

5. Limitation of Liability: We are not liable for any damages, including but not limited to personal injury, property damage, or financial loss, resulting from your use of our website or participation in climbing activities.

6. Gear and Equipment: We may provide information about climbing gear and equipment, but we do not manufacture or sell these products. Any purchases made based on information from our website are at your own risk.

7. User Responsibility: You are responsible for your own safety and required to exercise independent judgment while trekking and climbing. Follow safety guidelines, use appropriate gear, and assess risks before engaging in any climbing activities.

8. Third-Party Links: Our website may contain links to third-party websites or services. We are not responsible for the content or practices of any third-party websites.

9. Mandatory Arbitration: You agree to resolve any claims arising out of or relating to these Terms, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration.

Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve a dispute informally. You agree to do so by sending us notice of your claim and concern. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

Arbitration Forum. If we are unable to resolve a dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.

Arbitration Procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon or as determined by the arbitrator. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Virginia. The arbitrator will have exclusive authority to resolve any dispute, except the state or federal courts of Virginia have the authority to determine any dispute about enforceability.

10. Modifications to Terms: We reserve the right to modify these Terms at any time. Any changes are effective immediately upon posting on our website. Your continued use of our website after changes constitutes acceptance of the updated Terms.

11. Governing Law: These Terms are governed by and construed in accordance with the laws of Virginia, without regard to principles of conflict of law.

12. Contact Us: If you have any questions or concerns about these Terms, please contact S2MA at Adventures@S2MountainAdventures.com.

Thank you for choosing S2MA! Enjoy your climbing experience, and stay safe!