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Terms & Conditions

Welcome to thru-r.

TERMS AND CONDITIONS

Last updated: April 20, 2024

​Welcome to THRU-r.

These terms and conditions outline the rules and regulations for the use of THRU-r, located at THRU-r.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use THRU-r if you do not agree to take all of the terms and conditions stated on this page.

​The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of California. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Cancelations/Refunds

For auto-renewing subscriptions, THRU-r does not offer any
refunds for previous purchases, including for products not yet shipped as of the
cancelation date. Should you choose to cancel your membership via our website’s
Cancelation button, such cancelation shall only be effective with respect to future
renewals.

 

Notice of Auto Renewal; Effect of Cancellation

To provide continuous service to paid subscribers who purchase a Subscription, unless otherwise stated, we automatically renew your Subscription. The renewal term is usually the same duration as the original Subscription term (the one-year Subscription will renew on an annual basis).

By making a Subscription purchase on the Services, you acknowledge that your account will be subject to the above-described automatic renewals. At any time, if you do not wish your account to renew automatically or if you wish to cancel your Subscription at any time, more information can be found in the “How Do I Cancel My Membership” video in our Video Library and on our FAQ page.

Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle and will continue to have the same access and benefits for the remainder of the current billing period.

Please note that your paid Subscription may be interrupted as a result of a canceled or expired payment card or other payment method. It is your responsibility to keep your payment card or payment method details up to date to continue accessing the Services.

 

Release Of Liability & Assumption Of Risk

By using our website and services, you affirm and acknowledge that there are inherent hazards and risks associated with hiking, transportation of equipment related to the activities, and traveling to and from activity sites, in which you may engage at your own will. Inherent hazards and risks include but are not limited to:
1. Risk of injury from the activity and equipment utilized is significant including the potential for permanent disability and death.
2. Falling, causing broken bones severe injuries to the head, neck and back which may result in severe impairment or even death.
3. All “acts of nature,” including but not limited to avalanche, rock fall, inclement weather, thunder and lighting, severe and or varied wind, temperature and other weather conditions.
4. Risks associated with crossing, climbing or down-climbing of rock, snow and/or ice.
5. Risks associated with river crossings, fordings, or portaging.
6. Possible equipment failure and/or malfunction of your own or others’ equipment, which may have been rented, borrowed, or personally owned.
7. Your own negligence and/or the negligence of others, including employees, agents, independent contractors or representatives of including but not limited to operator failure.
8. Cold weather and heat related injuries and illness including but not limited to frostnip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
9. Attack by or encounter with insects, reptiles, and/or animals.
10. Accidents or illness occurring in remote places where there are no available medical facilities.
11. Fatigue chill, and/or dizziness, which may diminish your/our reaction time and increase the risk of accident
12. Your sense of balance, physical coordination, and ability to follow instructions.
*By using this website and services, you acknowledge that you understand the description of these risks is not complete – and that unknown or unanticipated risks may result in injury, illness, or death.
Release of Liability, Waiver of Claims and Indemnity Agreement:
1. You hereby release and hold harmless with respect to any and all injury, disability, death, or loss or damage to person or property, whether caused by negligence or otherwise, the following named persons or entities, herein referred to as releases. Owner (Company and/or Person)
2. To release the releases, their officers, directors, employees, representatives, agents, and volunteers, from liability and responsibility whatsoever and for any claims or causes of action that you, your estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise. By using this website and services, you agree to hold the releases harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.
3. By using this website and services, you are not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement. This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable. You understand that hiking is a risk, and you take full responsibility for your own actions, preparation, and safety in the backcountry.

​Cookies

We employ the use of cookies. By accessing THRU-r, you agreed to use cookies in agreement with the THRU-r’s Privacy Policy.

​Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

​License

Unless otherwise stated, THRU-r and/or its licensors own the intellectual property rights for all material on THRU-r. All intellectual property rights are reserved. You may access this from THRU-r for your own personal use subjected to restrictions set in these terms and conditions.

​You must not:

  • Republish material from THRU-r
  • Sell, rent or sub-license material from THRU-r
  • Reproduce, duplicate or copy material from THRU-r
  • Redistribute content from THRU-r

This Agreement shall begin on the date hereof.

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Copyright Infringement

THRU-r is committed to respecting the rights of copyright holders. If you believe that any User Contributions violate your copyright, please contact us and provide the following information:

  1. A description and copy of the copyrighted work you claim has been infringed;
  2. A description of where the material you claim is infringing is located on the site;
  3. Your address, telephone number, and email address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  5. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising 4 and 5 above

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Designated Agent for Notification of Claimed Copyright Infringement

By mail:
THRU-r

22365 El Toro Road, Suite 336

Lake Forest, CA 92630
_____

By email: info@THRU-r.com

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Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

​These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

​We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of THRU-r; and (d) the link is in the context of general resource information.

​These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

​If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to info@THRU-r.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of THRU-r’s logo or other artwork will be allowed for linking absent a trademark license agreement.

​iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

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Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

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Your Privacy

Please read Privacy Policy.

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Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

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Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

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Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

​As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

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Limitation on Liability

IN NO EVENT WILL THRU-R, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Indemnification

You agree to defend, indemnify and hold harmless THRU-r, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.