Last updated: September 29, 2026

Welcome to Infinite Outdoors’ website located at https://infiniteoutdoorsusa.com and/or our mobile application and related websites and applications (“Site”), which are provided and maintained by Infinite Outdoors, Inc. and its affiliates (“Infinite,” or “Company,” or “we,” or “us,” or “our”). These Terms of Service (“Terms” or “Agreement”), along with the Privacy Policy (“Privacy Policy”), Listing Agreement, Guide Agreement, and any other guideline, guest rules, by which you may be bound under this Agreement, all of which are incorporated herein by reference (collectively referred to as “Entire Agreement”), and which describe the legally binding agreement between you (referred to hereinafter as, “you” or “your”) and us for your access to and use of the Site, your Owner Profile and Account, Support (each as defined in the Entire Agreement), and related services Infinite may make available to you (collectively, the “Infinite Services”).

PLEASE READ THIS DOCUMENT CAREFULLY. THESE TERMS OF SERVICE CONTAIN A CLASS ACTION WAIVER AND A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND INFINITE ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND, AND YOU AND INFINITE ARE EACH WAIVING RIGHTS TO A JUDGE, JURY, AND CERTAIN DISCOVERY. THESE TERMS ALSO DETAIL YOUR ASSUMPTION OF ALL RISKS AS DESCRIBED IN SECTION 19 HEREIN AND IN SECTION 12 OF THE LISTING AGREEMENT, YOUR AGREEMENT TO INDEMNIFY US AS DESCRIBED IN SECTION 20 HEREIN AND TO INDEMNIFY EACH OTHER AS FURTHER DESCRIBED IN SECTION 14 OF THE LISTING AGREEMENT, AND YOUR AGREEMENT NOT TO CIRCUMVENT THE SITE AS DESCRIBED IN SECTION 21 HEREIN.

By accessing the Site or using the Infinite Services, you agree to comply with this Agreement and that your use of the Infinite Services and Site and any disputes related to your use of the Infinite Services and Site shall be governed by this Agreement.

Information regarding how we collect, use and disclose confidential, sensitive and personal information, if any, from our Users 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.

We may modify the terms of this Agreement at any time in our sole discretion by posting amended Terms to the Site and updating the “Last Updated” date. We may notify you of any material changes, amendments, or modifications to the Terms through the Site or through the email provided for your Account. Your continued use of the Site and Infinite Services after any amendment is posted to the Site shall constitute acceptance of such amended Terms and your representation and acknowledgement that you reviewed all such changes. You should routinely review the most up-to-date version of the Terms from time-to-time on the Site. 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 Infinite 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 Owner opportunities to earn revenue from their properties. Our Site enables Visitors to browse various recreational land locations (“Propert(ies)”), sites, equipment rentals and/or services made available for use through Owners (“Trips”), and to become an Infinite Member, allowing the creation of an “Account” and the ability to make Trip reservations (“Reservation(s)”) with Owners. We also provide marketing and business process services to Owners through the Site (“Support”).

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 purpose (“Access Granted Propert(ies)”). Trips permitting use to an Access Granted Property (“Access Granted Trips”) are made possible by Infinite’s fundraising efforts with key industry partners and by paid memberships. Access Granted Properties and Access Granted Trips are provided by Infinite’s subsidiary Access Granted LLC and are subject to certain Access Granted terms and conditions described herein, including the limitations on use as described in Section 5 herein. Users acknowledge and agree that, notwithstanding anything to the contrary herein, for all purposes Access Granted LLC, and not Infinite Outdoors, Inc., is the contracting entity in this Agreement for any such Access Granted Properties or Access Granted Trips.

INFINITE IS NOT A PARTY TO ANY CONTRACT OR OTHER RELATIONSHIP BETWEEN AN OWNER AND A USER. Infinite facilitates the relationship between Owners and Users via the Infinite Services, and this Agreement is a contractual relationship between Infinite and Owners and between Infinite and Users to which Infinite is a facilitator only. Infinite is not and will not ever become a party or any intended party of any kind at law or in equity to any contractual relationship between Users and Owners.

INFINITE IS NOT AND DOES NOT IN ANY WAY HOLD ITSELF OUT TO BE: A REAL ESTATE BROKER; REALTY AGENT, PROPERTY MANAGER; INSURER; OUTFITTER; OR GUIDE. YOU UNDERSTAND INFINITE 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, Guide, or other User, except with respect to facilitating contact between them, providing a platform for Owners, Guides, and other Users to administer the contractual commitments between Owners, Guides, and other Users, and processing the payment transaction between the Owner, Guide, and other User, as described in this Agreement. You expressly acknowledge and agree to Infinite’s explicitly limited role.

2. USERS: OWNERS, VISITORS AND MEMBERS

2.1. Users. 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, including to create an Account or reserve a Trip, 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(s)”), your legal guardian or parent must agree to these Terms before you may access to and use the Infinite Services, and all Minors must be accompanied by a parent or legal guardian while on any Trip. 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.

Users may be Visitors of the Site, Owners, Members, and/or Guides.

2.2. 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.

2.3. Owners. “Owners” are recreational landowners who create an Owner Profile, allowing the Owner to make their Propert(ies) available to Members for the Reservation of Trips.

2.4. Members. “Members” are Users who create an Account. Members may be either be “Guest Access Members,” “Access Members,” “Access + Members,” “Access Pro Members,” or “Guides”.

Guest Access Members are members invited by Access Members, Access + Members, or Access Pro Members, to join a particular Trip and pay any applicable guest fee for such Trip. You may not use a Property in any capacity as a guest unless you have become a Guest Access Member by accepting this Agreement and paying any applicable guest fee. Access Members are responsible for ensuring all guests have become Guest Access Members before using any Property with such guest.

Access Members are not required to pay Infinite or its affiliates 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, subject to any free trial or similar promotional terms, 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.

Access Pro Members are members who, subject to any free trial or similar promotional terms, pay the applicable Subscription Fee for Access Pro Membership. Access Pro Members have access to all the features available to Access + Members and also have access to additional features, including but not limited to scout features, including conservation camera feed access (“Camera Feed(s)”), where available.

Guides. Guides (as defined in the Guide Agreement) are Members who have met all requirements of Infinite, Owner, and Applicable Laws, to provide Guide Services (as defined in the Guide Agreement), subject to the terms of the Guide Agreement. Subject to the terms of the Guide Agreement, and notwithstanding anything to the contrary in this Section 2.4, Guides may be allowed to bring Clients (as defined in the Guide Agreement) onto a Property where the Guide has a Reservation for such Property and pays the applicable Outdoorsman Fee(s) for such Clients, without requiring that such Clients become Members; provided, however, that Guide agrees it is solely responsible for all Clients’ compliance with the terms of this Agreement as if such Clients were Members (except that Client shall not be required to become a Member), that Guide will provide the Agreement, including the Terms and Privacy Policy, to such Clients prior to such Clients’ access to any Property, that Guide will enter into written agreements with such Clients that include an assumption of risk and limitation on liability that is at least as protective of Infinite as the assumption of risk and limitation on liability described in Section 19 herein, and that Guide agrees to indemnify Infinite for the actions of any Clients, as further described in Section 20 herein. Guides may also require that Clients become Members before using a Property for a Trip, in which case such Clients will be treated as Guest Access Members associated with Guide as a Member, as described herein.

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; (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. Infinite also collects 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. 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”). You may also be required to certify to Infinite as to certain representations, including regarding your ability to safely use any Property, obtain any applicable permit required by Game & Fish Laws or other laws, or otherwise fulfill your obligations to Infinite and any Owner or Member.

3.4. All Users at the time of accessing a Property pursuant to this Agreement represent and warrant that: (a) you have not been convicted of a felony under the laws of any jurisdiction, and (b) you are not currently on probation for a criminal offense. As part of creating an Account, Users may be asked to make additional representations regarding a User’s ability to safely and ethically use a Property, and Users warrant any such representations are correct and complete. User must notify Infinite in writing immediately of any fact or circumstance that would make any representation previously given to Infinite untrue or incomplete. If a User is unable to make such representations, Users may contact Infinite to discuss whether the circumstances allow your use of a Property, which Infinite will decide in its sole discretion.

3.5. 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 INFINITE SERVICES AND BOOKING INFINITE TRIPS

4.1. Use of Site. Subject to your compliance with this Agreement and any app store, hosting, internet access provider, or similar terms of use required to use the Site, you may access and use the Site on a desktop or laptop computer, tablet, smartphone or similar device with internet access.

4.2. Use of Infinite Services. By making a Reservation for a Trip, you agree with the applicable Owner to a contract for a temporary, limited, license to access the applicable Property solely as described in this Agreement and in the Listing, during the applicable Reservation period, subject to modification or cancellation as described herein. When you receive the booking confirmation for a Reservation, a contract for such temporary, limited license to use the applicable Property is formed directly between you and the Owner; the terms of the contract between the Member and Owner include the terms and conditions of this Agreement, all other terms of the Reservation published by Infinite or the Owner, including without limitation, the Member Rules (defined and described in Section 5 herein), the Trip modification policy described below in this Section 4.2, and the Trip cancellation policy described in Section 7 below, as well as any other rules, standards, policies, or requirements identified in the Listing or during checkout. It is your responsibility to read and understand these terms of the contract, including this Agreement and all other rules, standards, policies, and requirements prior to booking a Reservation.

Electronic Check-In. The Member who made the Reservation must, before entering any Property for a Trip, ensure that the Infinite mobile application is open on the Member(s) device and such Member must keep such device on their person for the duration of the Trip, regardless of cell service or wireless availability at the Property. The Infinite mobile application is the Member and any accompanying Members’ written permission to access the Property and must be available at all times while such Member(s) are on a Property.

Season Pass Holders. If you purchase a season pass (“Season Pass”), which allows access to certain Properties described on the Site with respect to such Season Pass during the term of such Season Pass, then except as specifically provided herein with respect to Outdoorsman Fees and Reservation Fees (Section 6) and cancellation of a Reservation (Section 7), such Season Pass Reservations are treated equally to all other Reservations. Seasons Passes may include certain limitations, including with respect to booking frequency, number of active bookings related to any Season Pass, and similar restrictions that are described on the Season Pass page or in a Listing.

Maximum Guests per Reservation. Each Listing may have its own maximum guest capacity, by which you must abide. Every guest of a Member must be invited and have accepted their invitation through the Infinite Site and paid any applicable guest fees to become a Guest Access Member, PRIOR to entering the Property for any Trip. IF A GUEST IS ON ANY PROPERTY WITHOUT HAVING PREVIOUSLY BECOME A GUEST ACCESS MEMBER AS DESCRIBED HEREIN, THE GUEST IS A TRESPASSER, AND YOU ARE IN BREACH OF THIS AGREEMENT. If you have more guests than the stated capacity, in addition to any other rights or remedies available to Infinite or Owner, including but not limited to payment of Member Rules violation fees, you and your guests will be asked to leave the Property, you will be in breach of this Agreement, and your Reservation may be cancelled with no refund.

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.
Equipment Rentals. Equipment for recreational sports and outdoor activities may be rented by Members from Owners or vendors 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, including security deposits, 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 RENTAL EQUIPMENT AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH EQUIPMENT.

Conservation Cameras and Camera Feeds. A Property may be equipped with photo and/or video (and, where applicable, audio) cameras for purposes including security, safety, loss prevention, operational/biology monitoring, and compliance. BY ENTERING, ACCESSING, OR REMAINING ON A PROPERTY, MEMBERS ACKNOWLEDGE THAT YOU MAY BE RECORDED AND CONSENT TO SUCH RECORDING. MEMBERS UNDERSTAND AND AGREE YOU HAVE NO REASONABLE EXPECTATION OF PRIVACY ANYWHERE ON ANY PROPERTY. You agree the collection, viewing, access, retention, use, and disclosure of any Camera Feeds are governed by this Agreement, including our Camera Acceptable Use Policy. Unless otherwise stated in the applicable Listing, Members may use their own conservation cameras solely during the access period allowed under the Reservation, provided Members do not damage any property by using such cameras and all use is in compliance with Applicable Laws and the Camera Acceptable Use Policy.

Add-a-Guide. Through Infinite’s Add-a-Guide Program (the “Add-a-Guide Program”), Members may contract directly with other Members who are licensed outfitters/guides to provide guiding service at a Property in conjunction with a Reservation. As part of the Infinite Services, Infinite may allow guide advertisement through the Infinite Services, facilitating contact between Guides and other Members and provide a platform to administer the contractual commitments between Guides and Members solely as described herein, including processing the payment transaction between the Member and Guide. Infinite 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 Members and Guides. You expressly acknowledge and agree to Infinite’s limited role, and that any contract for Guide services is between the Guide and Member(s)as further described herein, including in the Guide Agreement.

Availability; Price Changes. Availability at any particular Trip is not guaranteed, and all Trips are subject to availability. Rates and fees for Trips are subject to change from time-to-time at any time prior to confirmation of a Reservation. Except as specifically provided in the Listing Agreement or any Listing, Owners are not allowed to raise rates or charge additional fees following confirmation of a Reservation.

4.3. Compliance with Game and Fish Laws. You are solely responsible for knowing, understanding, and complying with all applicable federal, state, and local laws, regulations, ordinances, and agency directives (“Applicable Laws”), including but not limited to game and fish laws, hunting regulations, and rules governing the use of trail/game/conservation cameras, cellular cameras, or other electronic devices in connection with hunting, scouting, or wildlife observation (“Game and Fish Laws”) that apply to your use of the Infinite Services, including but not limited to, the Camera Feeds. Infinite does not provide legal advice, including regarding Game and Fish Laws. Any information, tools, or features provided by Infinite as part of the Infinite Services, including the ability for you to deselect, disable, or stop viewing a Camera Feed, are provided as a convenience only and do not constitute, and should not be relied upon as, legal advice or a guarantee of compliance with any Applicable Laws. Applicable Laws, including Game and Fish Laws, are subject to change. Infinite does not guarantee that any information provided through the Infinite Services reflects the most current version of any Applicable Laws. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHAT ACTIONS, AND WHAT TIMING OF THOSE ACTIONS, ARE NECESSARY TO COMPLY WITH APPLICABLE LAWS, INCLUDING GAME AND FISH LAWS.

4.4. 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 the terms and conditions included with the Offers and Promotions, including with respect to availability and expiration date.

4.5 License Grant to Use Infinite Services. Infinite hereby grants you a limited, revocable, non-sublicensable license to access and make use of the Infinite Services as expressly permitted by this Agreement. The license granted to you under this section does not include any resale or commercial use of the content on or available through the Infinite Services or any use of data mining, robots, or similar data gathering and extraction tools. The Infinite Services may not be reproduced, duplicated, copied, sold, resold, assigned, sub-licensed, visited, or otherwise exploited for any purpose, including commercial purposes, without the express written consent of Infinite. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Infinite without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Infinite’s name or trademarks without our express written consent. You are additionally granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site homepage, provided the link does not portray Infinite or the Infinite Services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Infinite’s logo or other proprietary graphic or trademark as part of the link without express written permission. Any unauthorized use of the Infinite Services or any contents thereof terminates the foregoing license and permissions granted to you. Violation of this section will constitute a material breach of the Agreement and may be grounds for immediate termination and/or cancellation of your Account.

5. MEMBER RULES

All Members on all Trips must comply with the Member Rules described in this Section (“Member Rules”). The Member Rules are subject to change from time-to-time in Infinite’s sole discretion. Additional rules and policies may apply based on the particular Property’s unique characteristics, fire and other safety concerns, and the policies of the Owner. Violation of any Member Rules is a material breach of this Agreement and is grounds for immediate termination of the Infinite Services and cancellation of your Account, Trip, and any Reservation, and revocation of any Season Pass, without entitling you to any refund. OWNER AND INFINITE MAY DEMAND LAW ENFORCEMENT ENFORCE TRESPASSING OR SIMILAR CRIMINAL PENALTIES FOR ANY BREACH OF THE MEMBER RULES.

ACCESS GRANTED PROPERTIES – ACCESS ONLY. YOU AGREE NOT TO HUNT, FISH, CLIMB, CAMP, BUILD FIRES, BUILD BLINDS, OR ENGAGE IN ANY OTHER RECREATIONAL ACTIVITY ON ANY ACCESS GRANTED PROPERTY. YOU AGREE YOU WILL USE SUCH ACCESS GRANTED PROPERTY SOLELY TO MOVE TO OR FROM THE APPLICABLE ADJACENT PROPERTY AS ALLOWED BY THE APPLICABLE ACCESS GRANTED PROPERTY LISTING.

PROHIBITED ACTIVITIES AT ALL PROPERTIES. Members (including Guest Access Members) at all Trips agree not to and shall not:

Take more game or different game than allowed by the Reservation;
Operate weapons in any unsafe manner, including but not limited to, pointing weapons towards people, livestock, buildings, vehicles, and similar structures or property.
Discharge weapons within the range of the weapon from any person not party to the hunt and from any occupied building.
Discharge weapons from within a vehicle.
Trespass on neighboring land or in areas reserved by the Owner.
Leaving a gate not how it was stated to be left in the Listing, or if not described in the Listing, as found.
Locks not closed/locked and/or similar access instructions not followed.
Modify a hunting blind placement or otherwise move structures without the written agreement of the Owner and Infinite.
Access or use the property if you have not paid all required Fees or at any time other than the access period described in the Reservation.
Access to the Property at any time other than specifically allowed by the Listing, including early entrance and late exit.
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 under the control of a Member and not allowed to trespass on neighboring property.
Use ATVs, motorcycles, e-bikes, or similar vehicles without the explicit permission of the Owner and in compliance with the Owner’s rules regarding areas on which such vehicles are allowed.
Violation of any speed limit violation posted on the Property, included in the Listing, or otherwise communicated to you by Infinite or Owner.
Start fires, including campfires, without the prior written permission of the Owner.
Access any Property while under the influence of alcohol or federally illegal drugs (including marijuana), or while under the influence of legal drugs that may impair safety.
Use the property for any other purpose than to pursue the applicable species during the applicable access period allowed by the Reservation.
Use the property without proper licensing, outside of legal shooting hours, or outside the legal season for the particular species.
Exhibit unnecessary violence toward animals, take unethical shots, exhibit any other inhumane treatment of any animals, or otherwise disrespect the culture of responsible hunting, including any failure to reasonably search for and retrieve any wounded animal.
Violate any Applicable Laws, including any Game & Fish Laws.
Exhibit any unsafe hunting practices as set forth by the hunter’s safety courses required by the state in which the Property is located.

Infinite reserves the right to cancel any Trip and/or to ask Members and their guests to leave any Property if any Member violates this Agreement, including any Member Rules. As further described in Section 20, you agree to defend, indemnify, and hold harmless Infinite from any damages caused by a Member violation of this Agreement, including the Member Rules. Further, we reserve the right to cancel your Reservation and/or Trip without refund if we believe, in good faith, that you have violated this Agreement, including these Member Rules or any applicable law or regulation, or pose a threat to other Members, Owners, or their personnel at the Property.

IN ADDITION TO ALL OTHER REMEDIES AVAILABLE TO INFINITE OR ANY OWNER, MEMBER VIOLATIONS OF MEMBER RULES ENTITLE INFINITE TO CHARGE TO SUCH MEMBER’S PAYMENT METHOD THE VIOLATION FEES DESCRIBED IN THE MEMBER RULES VIOLATION FEE SCHEDULE.

6. FEES AND PAYMENTS

6.1. Fees. To reserve any Properties other than Access Granted Properties, Members who are not approved Guides must pay the applicable subscription fee for Access + Membership, Access Pro Membership, guest access, or a Season Pass (“Subscription Fee”). Except for Access Granted Properties and Season Pass holders, in order to use the Property for a Trip, you must pay the applicable daily reservation fee to reserve the Property (“Reservation Fee”) and the applicable daily and/or per person fee to access the Property (“Outdoorsman Fee”). You may be able to choose additional features and services provided by us, other Members, and/or our third-party vendors, if available, which may require your payment of additional fees (for example, for Rental Equipment or the Add-a-Guide Program) 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).” All Fees must be paid in U.S. Dollars, and all Fees are subject to change from time-to-time prior to 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.

6.2. Taxes. Fees are exclusive of all taxes, duties, levies, and similar charges, including sales, use, VAT, GST, digital services, withholding, and related interest or penalties (collectively, “Taxes”), other than Taxes based on Infinite’s net income. User is solely responsible for all Taxes arising from its access to or use of the Infinite Services. If Applicable Law requires or permits Infinite to collect or remit any Tax for which User is responsible, Infinite may invoice User for it (including after the related Fee is billed), and User shall pay it with the related Fees or within ten (10) days of an invoice from Infinite. User shall indemnify, defend, and hold harmless Infinite against Taxes, interest, and penalties arising from User’s failure to pay, withhold, self-assess, or document Taxes as required, other than Taxes on Infinite’s net income.

6.3 Payment Timing. The Subscription Fee must be paid in order to make a Reservation. The Reservation Fee must be paid in full at the time of making a Reservation for a Listing. The Outdoorsman Fee must be paid when it becomes nonrefundable according to the terms of this Agreement, including the Listing for each particular Trip. Add-on-Fees are payable in advance of the Trip and as described in the terms governing such Add-on-Fee(s).

6.4. Third-Party Payment Gateways. We use third-party payment gateways (“Third-Party Payment Gateways”) such as Stripe and PayPal to process Fees. See our Privacy Policy for details. 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.

7. CANCELLATIONS AND REFUNDS

You may cancel your subscription or any Reservation for a Trip, but you agree the following applies in the event of cancellation:

The Subscription Fee is non-refundable. Add-on-Fees are non-refundable unless otherwise described in this Agreement or a Listing. The Reservation Fee is non-refundable and retained by Infinite as reasonable payment to compensate Infinite for administrative and similar expenses associated with the Reservation. Outdoorsman Fees are treated as follows:

For all small game (i.e. waterfowl, upland game, coyote) and fishing (i.e. trout, bass) Properties:

If you cancel your Reservation more than 48 hours before your scheduled access period described in the Reservation, 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, you will be charged for all Fees.

For all big game (i.e. elk, deer, turkey, antelope, etc.) Properties:

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 Infinite will retain the portion of the Outdoorsman Fee already collected, but you will not be charged the remaining portion of the Outdoorsman Fee.

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.

If you are a Season Pass holder and cancel a Reservation within 48 hours of a Reservation or fail to electronically check in for such Reservation, you will be charged the Outdoorsman Fee applicable to such Property, regardless of Season Pass holder status.

If you are forced to cancel a reservation as a result of extenuating circumstances, please contact Infinite at support@infiniteoutdoorsusa.com to discuss the circumstances. While we are under no obligation to do so, in appropriate circumstances, as we determine in our sole discretion, we may modify the cancellation policy, which would generally be to allow rebooking at the same Property for a future date.

FOR ALL HUNT TYPES, THERE WILL BE NO REFUNDS FOR REASONS BEYOND INFINITE’S CONTROL, INCLUDING WEATHER CONDITIONS, LACK OF FISH OR GAME AT THE PROPERTY, EVACUATIONS OR CLOSURES, 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, or if the Property was subject to fire or other catastrophe immediately prior to or during the Trip, then Infinite may, in its sole and absolute discretion, as the Member’s sole remedy, grant a refund to the Member using the applicable Third-Party Payment Gateway. In the event that you are in violation of this Agreement, including any Member Rules, you are not entitled to any Fee refund or credit.

8. USER CONTENT, GUARANTEE AND LICENSE

8.1. 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.

8.2. 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 and for record keeping purposes, 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.

9. 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:

9.1. Submitting any unlawful, illegal, harassing, libelous, defamatory, abusive, threatening, harmful, hateful, discriminatory, bigoted, racially offensive, obscene, pornographic, infringing, fraudulent or otherwise objectionable User Content;

9.2. Submitting any User Content that infringes or is alleged to infringe any patent, trademark, trade secret, copyright, privacy right, publicity right, or other proprietary right of any person or entity;

9.3. Using any automated means (such as robots, spiders, scripts, or other devices or programs) to access the Site or collect any content;

9.4. Engaging in any “screen scraping,” “database scraping” or similar activities to obtain any content from the Site;

9.5. Accumulating or indexing, directly or indirectly, any content or portion of the Site for any commercial purpose whatsoever;

9.6. 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;

9.7. Posting any unsolicited or unauthorized advertising, “spam,” or junk mail, including “chain letters” and “pyramid schemes;”

9.8. Uploading a virus or User Content designed to disrupt, limit, damage, or interfere with any computer software, hardware, network, server or service; and

9.9. Violating the Camera Acceptable Use Policy;

9.10 For any other reason, if we, in our judgment and sole discretion, deem it appropriate.

10. PROHIBITED ACTIVITIES

In addition to the Member Rules described in Section 5 herein and the User Content restrictions described in Section 9 herein, you shall not, and shall not attempt to, engage in any of the following activities:

10.1. Gain unauthorized access to Infinite Services, or to our systems, networks, Accounts, data, or related infrastructure;

10.2. Interfere with, disrupt, damage, degrade, or impair the integrity, security, functionality, or performance of Infinite Services, or third-party content, systems, or services connected thereto;

10.3. Impersonate any person or entity or misrepresent your affiliation with any person or entity in connection with Infinite Services;

10.4. 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;

10.5. Unless otherwise expressly authorized by Infinite in writing, remove, alter, obscure, or circumvent any copyright, trademark, or other proprietary rights notice from Infinite Services.

10.6. Encourage, assist, facilitate, or permit any other person to engage in any activity prohibited by these Terms.

11. 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:

11.1. A detailed description of the objectionable content, including where it is located;

11.2. A statement that you have a good faith belief that the poster does not have permission to use the said objectionable content;

11.3. A statement that you are the owner, or exclusive agent of the owner, of the objectionable content;

11.4. Your contact information, including telephone number and physical address; and

11.5. A signed and sworn statement, under penalty of perjury, that your statements above are true to your knowledge.

11.6. If you believe that User Content available through the Services infringes your copyright, you may submit a notice requesting removal of the allegedly infringing material by contacting Infinite’s designated copyright agent at the contact information listed in §11.7. Any notice must substantially comply with the requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512.

Upon receipt of a valid copyright infringement notice, Infinite may remove or disable access to the identified User Content. If User Content is removed in response to a copyright claim, the affected User may submit a counter-notification as permitted by applicable law. Infinite reserves the right to terminate the accounts of Users who are repeat copyright infringers.

DMCA notices should be sent to Infinite’s designated agent:

Samuel Seeton

350 Big Horn Rd.

Ste 101

Casper, Wyoming, 82601

12. CANCELLATION OF USER ACCOUNT AND USER CONTENT

12.1. 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.

12.2. You may, cancel, remove or change certain User Content by editing or deleting it within your Account. However, some User Content (e.g. reviews, User Content incorporated into Infinite marketing) may not be edited or removed. Further, in certain instances, some of your removed User Content may not be completely removed, and copies of your User Content may continue to exist on the Site’s server and other locations belonging to us. 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, and the User Content License remains in force regardless of your cancellation or termination of your Account. You may cancel your Account at any time and for any reason. However, canceling your Account does not automatically cancel any Reservation, and you may still be required to pay all Fees (as defined below) associated with your Reservation, including any processing fee.

13. TERM AND TERMINATION

13.1. 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 with written notification (including by email via the email registered to your Account, or by notification via the Site) to you (“Termination”). You may terminate your Account with us at any time and for any reason by deleting your Account. You may cancel a Trip reservation at any time and for any reason, subject to applicable cancellation policy described in Section 7 herein.

13.2. 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”). MEMBERS AGREE THAT THIS AGREEMENT WILL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE-YEAR TERMS UNTIL TERMINATED, AND SUCH MEMBER(S) CREDIT CARD WILL BE CHARGED FOR THE APPLICABLE SUBSCRIPTION FEE UPON SUCH RENEWAL, UNLESS SUCH MEMBER CANCELS THEIR SUBSCRIPTION AT LEAST TWO (2) BUSINESS DAYS PRIOR TO SUCH RENEWAL. In the event of Termination, subject to Applicable Law, 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, subject to your compliance with this Agreement and payment of any applicable Fees.

14. 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. Except solely for the purpose of planning for and attending your Trip, 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 Applicable 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 agreed 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.

15. 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.

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.

16. THIRD-PARTY AFFILIATE(S) AND CONTENT

16.1. 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”). Infinite does not guarantee the accuracy or availability of the Affiliate Content and Services or the provider’s compliance with their own terms of use and privacy policies. You should review any Affiliate Content and Services’ agreements to ensure you agree with their terms of use of the services, 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. 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 applicable third-party affiliates’ and/or partners’ terms or policies.

16.2. The Infinite Services may contain links to other third-party websites that are not owned or controlled by us. We are not responsible for the data privacy or other practices of such third-party websites and/or vendors. We are not responsible for any issues with such third-party websites, including offensive or malicious content, data collection practices or data breaches, usability, or other problems with or related to those third party websites. You are solely responsible for reading and understanding the policies and terms of use or service of any other website that you visit through the Infinite Services.

16.3. Infinite Services may include data sets that are not generated by Infinite and, thus, we cannot and do not guarantee their accuracy, including but not limited to digital mapping data on Infinite web and mobile applications. The digital map data and other 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 of any digital map data or other data sets not generated by Infinite. 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. Furthermore, we reserve the right to modify, update, or discontinue the digital map data or similar third party data sets at any time without prior notice.

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.

17. AUTOMATED SYSTEMS AND DECISION-MAKING

Infinite 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 Infinite Services and request account deletion. See our Privacy Policy for further details on your rights and how to opt out of such processing.

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, VENDORS, 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 VENDOR OR PARTNER. WE DO NOT MAKE ANY WARRANTY THAT THE INFINITE SERVICES OR THE TRIPS WILL MEET YOUR REQUIREMENTS OR THAT THE INFINITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NEITHER WE, NOR ANY OWNERS OR LICENSORS, MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFINITE SERVICES, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE INFINITE SERVICES, OR THAT DEFECTS IN THE INFINITE 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 THE INFINITE SERVICES OR ANY TRIPS; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF PERSONAL INFORMATION OR DATA; (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 INFINITE SERVICES. INFINITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE INFINITE 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. 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 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 OR 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 INFINITE 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, 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. INFINITE IS NOT LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES ARISING OUT OF ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER MEMBER, INCLUDING ANY OWNER OR GUIDE, EVEN IF INFINITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INFINITE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF STATEMENTS OR REPRESENTATIONS RELATING TO INSURANCE COVERAGE MAINTAINED BY INFINITE.

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 ACT OR EVENT THAT YOU ALLEGE GIVES RISE TO LIABILITY.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, INFINITE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOU FURTHER HEREBY KNOWINGLY AND VOLUNTARILY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE TERMS OF THIS AGREEMENT, NOTIFICATION AND WAIVER ARE INTENDED 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 maximum extent permitted by applicable law, you agree, on behalf of yourself and any other person, including but not limited to another Member, who attends a Trip for which you made the Reservation, to defend, indemnify, and hold harmless Infinite, and its affiliates, officers, directors, employees and agents (collectively “Infinite Parties”), 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 (and with respect to Guides, your Clients’) use of or access to the Site or Infinite Services; (b) your (and with respect to Guides, your Clients’) breach of this Agreement, including but not limited to the Privacy Policy, Camera Acceptable Use Policy, Member Rules, or additional terms that apply to any Listing or feature; (c) your (and with respect to Guides, your Clients’) violation or any allegation of your violation of any third party right, including without limitation any copyright, property, or privacy right; (d) your (and with respect to Guides, your Clients) interaction with any other User, Client, or activity on any Trip, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or activity; (e) any act or omission of yours or anyone under your direction or control, including with respect to Guides, your Client; (f) your (and with respect to Guides, your Clients’) violation or alleged violation of any Applicable Laws or right of any third party, including but not limited to, Game and Fish Laws, (g) your (and with respect to Guides, your Clients’) failure to accurately report, collect, or remit taxes, and (h) any payment card chargeback or similar reversal initiated by or on behalf of Member with respect to any charge, fee, or payment that is authorized, permitted, or otherwise allowed under this Agreement. This defense and indemnification obligation will survive the termination of this Agreement.

20.2. While Infinite may as part of the Infinite Services help facilitate dispute resolution between Users as more particularly described in Section 2.4 of the Listing Agreement, Infinite is not a party to any contract between Users, nor obligated to participate in any dispute resolution proceeding between Users. If you involve any Infinite Parties in any dispute resolution proceeding, including litigation, arbitration, or mediation, arising out of or related to any transaction, agreement, or arrangement you may have with any other User or other third party arising out of or in any way related to the Infinite Services, you will (a) pay all costs and reasonable attorneys’ fees incurred in connection therewith by the Infinite Parties, including but not limited to Infinite employee/representative travel costs and witness costs of $200 per hour, and (b) fully defend, indemnify and hold harmless the Infinite Parties from all losses incurred by any of them as a result; and, (c) only proceed with such dispute resolution proceeding subject to the requirements in Section 23 herein.

21. NON-CIRCUMVENTION

Infinite spends significant resources finding and engaging with Owners to help make available to Users the recreational properties listed on the Site, and Infinite spends significant resources finding and engaging with Users to help Owners procure paying customers for their Listing(s). You understand and agree that entering into a direct relationship with any Owner or User, as the case may be, regarding use of any Property previously available at any time through the Site without using the Infinite Services and paying the applicable Fee(s), would prevent Infinite 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. 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 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 any Trips at such Property 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 21.

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 Sections 5, 10, 14 and 21 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. GOVERNING LAW; DISPUTE RESOLUTION

This Agreement will be governed by and construed in accordance with the substantive and procedural laws of the State of Wyoming. PLEASE READ THE FOLLOWING SECTION CAREFULLY, BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You agree that any dispute, controversy or claim between you and Infinite arising out of or relating to: (i) this Agreement, or the breach thereof; (ii) our provision of the Infinite Services; (iii) your access to or use of the Infinite Services; or (iv) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a "Dispute") will be governed by the dispute resolution procedure outlined in this paragraph and the Arbitration Agreement below. Before filing a claim against Infinite, you agree to try to resolve the Dispute informally by contacting Infinite at support@infiniteoutdoorsusa.com. We will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 60 days after submission, you or we may bring a formal arbitration proceeding.

23.1 Arbitration Agreement. You and Infinite each agree to resolve any Disputes exclusively through final and binding arbitration administered pursuant to the Wyoming Uniform Arbitration Act, Wyo. Stat. Ann. §§ 1-36-101 et seq. (as amended). The arbitration will be held in Casper, Wyoming, unless the parties mutually agree otherwise. The arbitration shall be conducted by a single neutral arbitrator. The parties shall attempt in good faith to agree upon the arbitrator within fourteen (14) days after a demand for arbitration is made. If the parties are unable to agree on an arbitrator within that period, either party may request that the JAMS Denver office (or its successor) appoint a single neutral arbitrator in accordance with its then-current appointment procedures, and the parties will evenly split the cost for JAMS to provide such appointment service. The appointment by JAMS Denver shall be final and binding on the parties. The arbitration shall be conducted on an ad hoc basis (without institutional administration by JAMS or any other provider, except for the limited purpose of arbitrator appointment if needed). The arbitrator shall have the authority to grant any provisional, interim, or final relief available under the Wyoming Uniform Arbitration Act or applicable law, including injunctive relief. The arbitrator’s award shall be final and binding, and judgment upon the award may be entered and enforced in any court having jurisdiction. Each party shall bear its own attorneys’ fees and costs, and the parties shall share equally the arbitrator’s fees and any other costs of the arbitration, unless the arbitrator determines otherwise in the award for good cause shown (or as otherwise required by Applicable Law). This arbitration agreement shall be governed by the Wyoming Uniform Arbitration Act and the Federal Arbitration Act, to the extent applicable.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Samuel Seeton, 350 Big Horn Rd. Ste 101, Casper, Wyoming 82601

23.1.1. In the event that the Arbitration Agreement above in this Section 23 does not apply to a Dispute, the parties hereto agree any dispute between You and Infinite arising from questions as to the validity, interpretation and/or performance, termination, or breach of these Terms will be submitted to the exclusive jurisdiction of the state and federal courts located in Casper, Wyoming, including in the event of summary proceedings, guarantee claims, and/or multiple defendants, and YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY.

23.1.2. Notwithstanding the foregoing, you may assert claims, if they qualify, in small claims court in the State of Wyoming, or any United States county where you live or work.

23.1.3 Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Infinite Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), without first engaging in arbitration or the informal dispute resolution process described above.

23.2 Class Action Waiver. YOU AND INFINITE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN ANY COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT PROCEEDING AGAINST US AND/OR OUR AFFILIATES RELATED TO ANY CLAIM, DISPUTE OR CONTROVERSY, AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST US AND/OR OUR AFFILIATES OTHERWISE COMMENCED.

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

These Terms and all of your rights and obligations under it are not assignable or transferrable by you without the prior written consent of Infinite. We may, at any time, sell, transfer, or assign any or all of our rights and obligations under these Terms. These 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, Listing Agreement, Guide Agreement, Camera Acceptable Use Policy, and any applicable Listing Rules and/or agreements, 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 to specifically amend or supplement this Agreement, supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

27. FORCE MAJEURE

Infinite will not be liable for any delay, interruption, or failure to perform any obligation under these Terms to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, pandemic, severe weather, fire, flood, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, power outages, governmental actions, cyberattacks, or failures of third-party service providers. During any such event, Infinite may suspend or limit access to the Services, Support, including but not limited to payment processing functionality, or other features until the event is resolved.

28. 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 Infinite 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 Infinite Services or Site, or listed on your Account.

By creating an Account, accessing or using the Services, or otherwise accepting these Terms, you consent to receive communications from Infinite electronically. You agree that any agreements, notices, disclosures, records, or other communications provided electronically, including by email, through the Services, or by posting on the Site, satisfy any legal requirement that such communications be in writing. Electronic acceptance of these Terms shall have the same force and effect as a handwritten signature to the fullest extent permitted by law.

29. SURVIVAL

Any provision of these Terms that by its nature should survive suspension, termination, or closure of an Account will survive such an event. Without limitation, the following provisions, together with any accrued rights, remedies, obligations, or liabilities existing prior to termination, will survive termination of the Agreement: Section 14 (Intellectual Property Ownership), Section 19.2 (Limitation of Liability), Section 20.1 (Indemnification), Section 21 (Non-Circumvention), and Section 23 (Arbitration and Class Action Waiver).