Terms and Conditions
Terms & Conditions
Yonderlust Terms of Service
Please review these Terms of Service carefully. These Terms of Service detail the terms and conditions that govern your access and use of the ‘Product’. The Product includes the Yonderlust Mobile Application downloadable from the Apple App Store and Google Play, as well as related information as provided by our website (www.yonderlu.st). These Terms of Service constitute a legally binding agreement between you and MOXY Outdoors, LLC, a North Carolina limited liability corporation, doing business as ‘Yonderlust’, and may be updated from time-to-time at the sole discretion of MOXY Outdoors, LLC. Your use of the Product is conditioned upon your acceptance of these Terms of Service. If you do not agree to these terms in their entirety please do not access or use the Product.
ACTIVITIES RELATED TO THE USE OF OUR PRODUCTS ARE INHERENTLY DANGEROUS AND CAN LEAD TO DAMAGE TO PROPERTY, INJURY TO YOURSELF OR OTHERS AND/OR DEATH. MOXY OUTDOORS, LLC CANNOT AND DOES NOT TAKE RESPONSIBILITY FOR ANY SUCH DAMAGE TO PROPERTY, INJURY TO YOURSELF OR OTHERS AND/OR DEATH RESULTING FROM YOUR USE OF OUR PRODUCTS AND SERVICES. MOXY OUTDOORS, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED IN THE PRODUCT OR OF THE AVAILABILITY OF THE PRODUCT FOR USE AT ANY GIVEN TIME.
USE OF THE PRODUCT AND THE INFORMATION PROVIDED BY THE PRODUCT ARE STRICTLY AND SOLELY AT YOUR OWN RISK.
- USE, SUBSCRIPTION AND PAYMENT
Access and use of the Product constitute your agreement that you are a.) at least 18 years of age (or the minimum age allowed in your jurisdiction) and b.) that you are legally capable of entering into binding legal agreements and c.) that your use of the Product does not violate any applicable law or regulation in your jurisdiction. You agree that the terms and conditions herein commence upon your first use of the Product.
Some capabilities and information provided by the Product are not accessible without a subscription. Access to and use of information labelled as ‘PRO’ requires a subscription. A subscription may be purchased for an initial term and, unless you cancel your subscription, will automatically renew at or near the end of the initial term for additional period(s) of the same duration at the then-current subscription fee.
Payment processing for the Product is performed by one of MOXY Outdoors, LLC’s 3rd-party payment processors. Your use of the payment processor’s services is conditioned upon agreement to their separate terms and conditions. Failure by you to agree and remain compliant to the payment processor’s terms and conditions and relevant payment policy may mean that you cannot purchase a subscription. Consult the separate terms and conditions documentation of the iTunes App Store and/or Google Play Store to understand the details of any assessed fees, currency-related charges, assessment of applicable taxes or other charges made by them in addition to the Product subscription fee. Manage or cancel your subscription via the iTunes App Store and/or Google Play Store controls, made conveniently available to you under the Purchases heading in the Yonderlust Mobile Application profile screen. Cancelling a subscription does not entitle you to a refund or proration of paid fees.
You are solely responsible for any data or usage fees by 3rd-party internet and/or communication service providers related to the use of the Product.
- LICENSE, INTELLECTUAL PROPERTY
Subject to your compliance with these Terms and Conditions and payment of all applicable fees, MOXY Outdoors, LLC grants you a limited, revocable, non-transferrable, non-exclusive license to access and view pages provided by the Product for your personal, non-commercial use. Use of the Yonderlust Mobile Application is limited to install and use on a personal mobile device in executable, machine-readable form only.
Content and other information may not be copied or printed from the Yonderlust Mobile Application at any time. The Product is licensed, not sold, to you for use only under these Terms and Conditions. MOXY Outdoors, LLC and its licensors retain full ownership and all intellectual property rights, including copyright, where applicable, to the Yonderlust Mobile Application and to content and information provided within. MOXY Outdoors, LLC reserves all rights not specifically granted to you by these Terms and Conditions.
You agree that you will not and will not assist or allow anyone else to copy, reproduce, print, alter, download, emulate or create derivative works from the Product and its content in any way.
- EXTERNAL CONTENT
The Product and its content may provide programmatic connections (e.g., hyperlinks) to 3rd-party websites or resources. You agree that MOXY Outdoors, LLC is not responsible for and provides no endorsement or warranty as to the quality, accuracy or completeness of information provided by these 3rd parties.
- PRODUCT CHANGES, FIXES, AVAILABLITY
MOXY Outdoors, LLC strives to provide a valuable service to its users and will, from time-to-time, at our sole discretion, provide changes, fixes or enhancements to the Product. This may also include suspension or discontinuance of the Product’s availability and can in some cases result in downtime. You may need to install an update to the Product to continue using it. Automatic updates may be provided by MOXY Outdoors, LLC without notice or consent from you. MOXY Outdoors, LLC is not liable to you for suspension, discontinuance or downtime of the Product except that you will, upon written request of cancellation and only under these circumstances, be entitled to a pro-rated refund of the remaining portion of any active subscription.
- DEVICE REQUIREMENTS
The Yonderlust mobile application requires a recent version of mobile device code to function properly. If you use an Apple phone you must be running IOS version 16.x, 15.x or 14.x. If you use an Android phone, it must support Android SDK versions 31 or 32.
- PROHIBITED ACTIVITIES, TERMINATION
You agree not to conduct yourself in an offensive manner while using the Product or to use the Product for any illegal, immoral or harmful purpose. You agree not to use software or automated agents to execute multiple user registrations.
In the event that you violate these Terms and Conditions, all rights granted to you herein terminate immediately, with or without notice, and you must immediately cease using the Product. All other provisions of these Terms of Service survive such termination.
To the fullest extent permitted by applicable law, you agree to indemnify and hold MOXY Outdoors, LLC, its managers, employees, agents, investors, partners and licensors harmless from any claim, loss, damage and expense, including but not limited to reasonable attorney’s fees, resulting from your access or use of the Product, your violation of these Terms and Conditions or your violation of the rights of any 3rd-party or applicable law or regulation. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS. MOXY OUTDOORS, LLC EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED OR ARISING FROM STATUTE OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
MOXY OUTDOORS, LLC MAKES NO WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE INFORMATION PROVIDED IS ACCURATE CURRENT OR COMPLETE.
YOU ARE RESPONSIBLE FOR OBEYING ALL PROPERTY LINE POSTINGS AND FOR AVOIDING TRESPASS ON PRIVATE PROPERTY. MAPS INCLUDED MAY NOT REPRESENT THE MOST CURRENT OWNERSHIP INFORMATION FOR ANY GIVEN PROPERTY.
YOU ARE RESPONSIBLE FOR OBEYING THE RULES AND REGULATIONS OF ANY PUBLIC LANDS THAT YOU VISIT. CHECK APPROPRIATE GOVERNMENTAL WEBSITES FOR THE LATEST INFORMATION BEFORE YOUR VISIT.
YOU MAY FIND WHEN USING THE PRODUCT THAT ACTUAL CONDITIONS DIFFER FROM WHAT IS REPRESENTED. EXERCISE GOOD JUDGMENT AND RECOGNIZE THAT YOUR USE OF THE PRODUCTS IS AT YOUR OWN RISK.
By agreeing to these Terms of Service you and MOXY Outdoors, LLC agree that disputes arising from your use of our Products and Services and/or these Terms of Service will be resolved by mandatory binding arbitration to take place in North Carolina and be governed by North Carolina law, and that you and MOXY Outdoors, LLC waive the right to participate in related class-action or class-wide arbitrations or lawsuits. This provision does not apply if prohibited by applicable law.
- INTERNATIONAL USE NOT ALLOWED
Use of the product is restricted to the United States of America. Access or use of the Product from outside the United States will constitute a breach of these terms and conditions and may result in the immediate termination of your account. You are responsible for ensuring that any information, including personal information, that you share with us is in conformance with the laws of your jurisdiction.
- NOTIFICATION OF CHANGES
MOXY Outdoors, LLC may from time-to-time, at its sole discretion, make changes to these Terms and Conditions. We will notify current users, using the contact information gathered during registration, of material changes to these terms via email or via a mobile application notification, or other reasonable means. Notification of changes will be made at least 30 days in advance of the changes becoming active. Your continued use of the Product constitutes your agreement to the updated Terms and Conditions.
MOXY Outdoors, LLC may from time-to-time, at its sole discretion, make changes to the fees and/or charges related to the Product. We will notify current users, using the contact information gathered during registration, of changes to fees or charges via email or via a mobile application notification, or other reasonable means. Notification of changes will be made at least 30 days in advance of the changes becoming active. Your continued use of the Product constitutes your agreement to any changes in fees or charges. If you do not agree, you may cancel your subscription via the controls provided by the relevant payment processor.
- OTHER NOTIFICATIONS
MOXY Outdoors, LLC will notify you on occasion of information regarding the Product or your account. We will make these notifications via the Product’s native notification capabilities or via email, at our sole discretion, using the contact information that you provide to us at registration.
- ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between you and MOXY Outdoors, LLC regarding your access and use of the Product. You may not assign or delegate your rights under this agreement. If any provision of this agreement is held to be invalid under applicable law, all other provisions remain intact and applicable.
- APPLE iTUNES APP STORE SPECIFIC TERMS
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
Acknowledgement: You acknowledge and agree that (i) these terms and conditions are concluded between you and MOXY Outdoors, LLC only, and not Apple, and (ii) MOXY Outdoors, LLC, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
Scope of License: The license granted to you for the use of the App Store Sourced Application (reference section 3 above) is a non-transferrable license for use on any supported Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Maintenance and Support: You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
Warranty: In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between MOXY Outdoors, LLC and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of MOXY Outdoors, LLC.
Product Claims: You and MOXY Outdoors, LLC acknowledge that, as between MOXY Outdoors, LLC and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You and MOXY Outdoors, LLC acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between MOXY Outdoors, LLC and Apple, MOXY Outdoors, LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
Developer Name and Address: see section 17 below
Third Party Terms of Agreement: You and MOXY Outdoors, LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Third Party Beneficiary: You and MOXY Outdoors, LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
- CONTACTS & FEEDBACK
Please contact us with your questions or feedback regarding the Product or these terms and conditions via the contact form at https://yonderlu.st/about/ . If you choose to provide feedback or suggestions, MOXY Outdoors, LLC shall be free to use these suggestions and/or feedback to enhance the Product without credit or compensation to you.
You can also contact us via mail at:
109 N. Gregson St.
Durham NC 27701
- GENERAL PROVISION
This agreement is made in North Carolina, and all North Carolina laws apply thereto.