Terms of Service & User Agreement

These Terms of Service and User Agreement (collectively, the “Terms”) constitute a binding legal agreement between you (“you,” “User”) and the operator of BoulderingNearMe.com (“BoulderingNearMe,” “we,” “us,” or “our”). By accessing, browsing, or using BoulderingNearMe.com(the “Service”), including creating an account, submitting content, or using geolocation features, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Service. Continued use after we post revised Terms constitutes acceptance of those changes.

You must be at least thirteen (13) years of age to use the Service. If you are between 13 and the age of majority in your jurisdiction, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

You represent that you have the legal capacity to enter into this agreement, that you are not barred from using the Service under applicable law, and that all registration information you submit is accurate and current.

Certain features require an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly at legal@boulderingnearme.com if you suspect unauthorized access.

We may suspend or terminate accounts that violate these Terms, pose security risks, or remain inactive for extended periods, subject to applicable law.

BoulderingNearMe is a community platform for discovering, documenting, and discussing outdoor bouldering locations. The Service may include user-submitted boulder listings, photographs, difficulty ratings, comments, geolocation-based sorting, and consensus grade calculations.

We may modify, suspend, or discontinue any part of the Service at any time, with or without notice, to the extent permitted by law.

You may submit content including text, images, ratings, coordinates, and comments (“User Content”). You retain ownership of your User Content, subject to the license granted below.

You represent and warrant that:

• You own or have all rights necessary to submit the User Content;
• Your User Content does not infringe intellectual property, privacy, publicity, or other rights of any person or entity;
• Your User Content complies with these Terms and all applicable local, state, national, and international laws;
• Location data and descriptions you provide are submitted in good faith and you understand they may affect others' safety decisions.

We do not endorse User Content and are not responsible for its accuracy, completeness, legality, or safety implications.

By submitting User Content, you grant BoulderingNearMe a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify (for formatting and technical purposes), display, and distribute your User Content in connection with operating, promoting, and improving the Service.

This license continues for commercially reasonable time after you remove content where backups, caching, or legal obligations require retention.

You agree not to:

• Violate any applicable law, regulation, or third-party right;
• Post false, misleading, or dangerous location or safety information;
• Upload malware, scrape the Service without permission, or interfere with its operation;
• Harass, threaten, defame, or discriminate against others;
• Impersonate any person or misrepresent your affiliation with any entity;
• Post content that is unlawful, obscene, exploitative of minors, or promotes illegal activity;
• Circumvent access controls, rate limits, or security measures;
• Use the Service for commercial solicitation without our prior written consent.

Bouldering and outdoor recreation involve inherent and serious risks, including injury, permanent disability, and death. Conditions change due to weather, rock quality, wildlife, land access rules, and other factors beyond our control.

THE SERVICE IS AN INFORMATIONAL COMMUNITY TOOL ONLY. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL GUIDANCE, GUIDEBOOKS, LOCAL KNOWLEDGE, PROPER TRAINING, APPROPRIATE EQUIPMENT, OR YOUR OWN JUDGMENT.

You voluntarily assume all risks associated with visiting, locating, or climbing at any area referenced on the Service. You agree that BoulderingNearMe, its operators, contributors, and affiliates are not responsible for accidents, injuries, property damage, fines, trespass claims, environmental harm, or other losses arising from your outdoor activities or reliance on User Content.

You are solely responsible for verifying land ownership, access permissions, seasonal closures, local regulations, environmental protections, and applicable climbing ethics before visiting any location.

Difficulty ratings, consensus grades, comments, and beta on the Service reflect community opinions and algorithms, not professional assessments. Grades may be wrong, outdated, or inappropriate for your skill level.

Nothing on the Service constitutes professional climbing instruction, guide services, engineering survey, or safety certification. Always assess conditions and your abilities independently.

GPS coordinates, maps, and “near me” features are provided for convenience and may be inaccurate. Device permissions, network conditions, and user-submitted data can affect results.

Do not rely solely on the Service for navigation in remote or hazardous terrain. Use appropriate maps, communication tools, and safety planning.

The Service, including its design, branding, software, and original content (excluding User Content), is owned by BoulderingNearMe or its licensors and protected by United States and international intellectual property laws.

Except as expressly permitted, you may not copy, modify, distribute, sell, or create derivative works from the Service without our prior written consent.

We respect intellectual property rights. If you believe content on the Service infringes your copyright, send a notice to legal@boulderingnearme.com including: (1) identification of the copyrighted work; (2) identification of the infringing material and its location; (3) your contact information; (4) a statement of good-faith belief; (5) a statement under penalty of perjury that your notice is accurate and you are authorized to act; and (6) your physical or electronic signature.

Repeat infringers may have their accounts terminated consistent with the Digital Millennium Copyright Act (17 U.S.C. § 512) and applicable law.

Our collection and use of personal information is described in our Privacy Policy. That policy addresses requirements under U.S. federal law and state privacy statutes (including California, Virginia, Colorado, Connecticut, Utah, and other states with comprehensive privacy laws), the EU General Data Protection Regulation (GDPR), the UK GDPR, and other applicable frameworks.

The Service relies on third-party providers (such as hosting, authentication, database, and storage services). Your use of those services may be subject to their terms and privacy practices. We are not responsible for third-party services outside our reasonable control.

We may update these Terms to reflect legal, technical, or business changes. Material changes will be posted on this page with an updated effective date. Where required by law, we will provide additional notice or request renewed consent.

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms or if required for legal, security, or operational reasons. Sections that by their nature should survive termination will survive, including disclaimers, limitations of liability, indemnification, and dispute provisions.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT USER CONTENT OR LOCATION DATA WILL BE ACCURATE OR RELIABLE.

Some jurisdictions do not allow exclusion of certain warranties, so some of the above exclusions may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BoulderingNearMe, ITS OWNERS, OPERATORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or willful misconduct where prohibited.

You agree to defend, indemnify, and hold harmless BoulderingNearMeand its operators from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any law or third-party right; or (e) injury, death, or property damage connected to your outdoor activities or reliance on information from the Service.

These Terms are governed by the laws of the United States and, to the extent not preempted by federal law, the laws of the state in which the operator of BoulderingNearMe maintains its principal place of business, without regard to conflict-of-law rules.

Before filing a claim, you agree to contact us at legal@boulderingnearme.com and attempt to resolve the dispute informally for at least thirty (30) days.

Except where prohibited by applicable law, you and BoulderingNearMe agree that any dispute not resolved informally will be brought exclusively in the state or federal courts located in the United States, and you consent to personal jurisdiction in those courts.

If you are a consumer in the European Economic Area or United Kingdom, you may also have mandatory rights under local law, including the right to bring proceedings in your country of residence where required by applicable consumer protection law.

The Service is operated from the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws. Personal data transfers are described in our Privacy Policy, including safeguards relevant to GDPR and UK data protection requirements.

Severability: If any provision is held invalid, the remaining provisions remain in effect.

No waiver: Failure to enforce a provision is not a waiver of future enforcement.

Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or asset sale.

Entire agreement: These Terms and the Privacy Policy constitute the entire agreement between you and BoulderingNearMe regarding the Service.

Electronic communications: You consent to receive communications electronically and agree that electronic agreements satisfy any legal writing requirements to the extent permitted by law, including the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state counterparts.

For questions about these Terms, contact legal@boulderingnearme.com.