Terms of Use

Last updated May 19, 2026

Agreement To Our Terms Of Use

Please review these Terms of Use carefully. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By clicking “I Agree,” creating an account, making a purchase through the Service, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including any policies, requirements, or updates incorporated herein by reference and as may be updated or communicated to you from time to time.

If you do not agree to these Terms, you must not access or use the Service, create an account, make a purchase, or otherwise indicate acceptance of the Terms.

These Terms, together with any additional policies, supplemental terms, or documents incorporated by reference, constitute the entire agreement between you and SxS Xcapes, LLC regarding your use of the Service.

From time to time, we may offer additional services, features, or products that are subject to separate written terms and conditions (“Additional Terms”). In the event of any conflict between these Terms and any Additional Terms, the Additional Terms will control unless expressly stated otherwise.

These Terms include important disclaimers of warranties and limitations of liability. Please read them carefully in their entirety.

These Terms require binding arbitration to resolve any dispute or claim arising out of or relating in any way to these Terms or your access to or use of the Service, including, without limitation, the validity, applicability, or interpretation of these Terms (each, a “Claim”). You agree that any such Claim shall be resolved solely on an individual basis and not as part of any class, consolidated, or representative action. Please review the dispute resolution section carefully to understand your rights and obligations.

The headings used in these Terms are for convenience only and do not affect interpretation.

We may update or modify these Terms at any time in our sole discretion. When changes are made, we will update the “Last updated” date. Your continued use of the Service after any changes are posted constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.

1. Definitions

For purposes of these Terms:

“Company,” “we,” “us,” or “our” refers to SxS Xcapes, LLC.

“Service” refers to our mobile application, website, digital content, routes, maps, navigation tools, GPX files, trail information, user-generated content, and any related products, features, or services we provide, including customer support, communications, and marketing.

“User,” “you,” or “your” refers to any individual who accesses or uses the Service, creates an account, or makes a purchase through the Service.

“User Content” means any content, data, information, or materials submitted, uploaded, posted, or otherwise made available by a user through the Service.

“Ride” refers to any digital content made available for purchase or access through the Service, including maps, routes, GPX files, trail descriptions, photos, videos, and related informational materials.

2. Our Services

The Service is intended for use within the United States. If you choose to access or use the Service from outside of the United States, you do so at your own initiative and are responsible for complying with any applicable local laws.

The Service is not designed to comply with industry-specific regulatory requirements. You agree not to use the Service in any manner that would subject SxS Xcapes, LLC to such requirements.

3. User-Generated Content And Contributions

The Service may allow you to create, submit, post, display, transmit, or otherwise make available content, including but not limited to text, writings, maps, routes, trail updates, ride plans, location markers, photos, videos, comments, suggestions, and other materials (collectively, “User Content”).

User Responsibility

You are solely responsible for any User Content you create, submit, or share through the Service. You agree that your User Content will be lawful, accurate, and appropriate, and will not violate any applicable law or the rights of any third party.

License Grant

By submitting User Content, you grant SxS Xcapes, LLC a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, store, reproduce, modify, adapt, publish, display, and distribute such User Content solely for the purposes of operating, maintaining, improving, and promoting the Service. You retain all ownership rights in your User Content, subject to the rights granted in this section.

No Obligation to Monitor

SxS Xcapes, LLC does not control and is not responsible for User Content made available through the Service. We have no obligation to monitor or review User Content but reserve the right, in our sole discretion, to remove, modify, or restrict access to any User Content at any time and for any reason.

Representations and Warranties

By submitting User Content, you represent and warrant that:

• You own or have all necessary rights, licenses, consents, and permissions to submit the User Content and grant the rights described in these Terms
• Your User Content does not infringe or violate any intellectual property, privacy, publicity, or other rights of any third party
• Your User Content is not false, misleading, or deceptive
• Your User Content does not contain unlawful, harmful, abusive, defamatory, obscene, or otherwise objectionable material
• Your User Content does not include unauthorized advertising, spam, or solicitations
• Your User Content does not impersonate any person or misrepresent your identity
• You have obtained all necessary permissions from any identifiable individuals appearing in your User Content

Prohibited Content

You agree not to submit User Content that:

• Violates any applicable law, regulation, or rule
• Promotes violence, illegal activity, or harm to others
• Contains malicious code, viruses, or harmful data
• Violates the privacy or rights of any individual, including minors

Any violation of this section may result in removal of content and suspension or termination of your access to the Service.

Non-Confidential Nature

User Content may be visible to other users and, in some cases, publicly accessible. You agree that your User Content will not be treated as confidential or proprietary.

4. User Representations

The Service is intended solely for users who are at least eighteen (18) years of age. By accessing or using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. Platform age ratings (such as those displayed in the Apple App Store or Google Play Store) may differ based on platform guidelines, but you must be at least 18 years old to use the Service.

Persons under the age of 18 are not permitted to access, use, or register for the Service. We do not knowingly allow individuals under 18 to create accounts or submit personal information.

If we become aware that a person under the age of 18 has accessed or used the Service, we may suspend or terminate the account and delete any associated information.

5. User Registration

You may be required to create an account to access certain features of the Service. While some portions of the Service may be available without registration, full functionality may require an active account.

When creating an account, you agree to provide accurate, current, and complete information and to keep that information updated as necessary. We reserve the right to suspend or terminate your account if any information provided is false, misleading, or incomplete.

You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You may not share your account with others.

You agree to notify SxS Xcapes, LLC immediately of any unauthorized access to or use of your account or any other breach of security.

We reserve the right, in our sole discretion, to refuse, modify, or remove any username that is deemed inappropriate, offensive, or otherwise objectionable.

6. Products And Pricing

Certain features, content, or access to Rides are offered through a recurring subscription (the “Subscription”). We make reasonable efforts to ensure that descriptions, pricing, and availability are accurate; however, we do not guarantee that all information is complete, current, or error-free. Pricing may change for future subscription periods, and any such changes will be communicated through the applicable platform (Apple App Store or Google Play Store) when required.

7. Subscription Terms; Automatic Renewal

Access to Rides and related digital content is provided through a recurring yearly subscription (the “Subscription”) that automatically renews unless canceled in accordance with these Terms.

Automatic Renewal

Your Subscription will automatically renew for successive one-year terms unless auto-renew is turned off at least twenty-four (24) hours before the end of the current subscription period. Upon renewal, your payment method will be charged through your applicable platform provider (Apple or Google) at the then-current subscription rate, plus any applicable taxes and fees.

Billing Through Apple or Google

If you purchase a Subscription through the Apple App Store or Google Play Store, all billing, renewals, cancellations, refunds, and payment processing are handled exclusively by the applicable platform provider. SxS Xcapes, LLC does not control and is not responsible for the billing practices, payment processing, subscription management, or refund policies of Apple or Google.

Cancellation

You may cancel your Subscription at any time through your Apple or Google account settings. Deleting the app does not cancel your Subscription. If you cancel, you will continue to have access to Subscription content until the end of your current paid subscription term.

Refunds

All refund requests are governed solely by the policies of the applicable platform provider through which the Subscription was purchased. Refund requests must be submitted directly to Apple or Google, as applicable.

No Guarantee of Content Continuity

Subscription fees provide access to digital content and services only and do not guarantee continued availability of any specific Ride, trail, route, feature, map, or functionality. SxS Xcapes, LLC reserves the right, at any time and in its sole discretion, to modify, update, restrict, suspend, remove, discontinue, or otherwise change any Ride, feature, functionality, or content within the Service, with or without notice, including due to changing trail conditions, land closures, safety concerns, legal or regulatory requirements, operational considerations, or access limitations.

You acknowledge and agree that you are not entitled to continued access to any specific Ride, route, trail, feature, or content, even if it was previously available during a prior subscription term. The modification, suspension, removal, or unavailability of any portion of the Service does not entitle you to any refund, credit, reimbursement, or other compensation.

8. Prohibited Activities

You may use the Service only for its intended purposes. You agree not to use the Service in any way that is unlawful, harmful, or inconsistent with these Terms. As a user of the Service, you agree not to:

• Use the Service for any unauthorized commercial purpose or to compete with SxS Xcapes, LLC
• Copy, reproduce, distribute, or extract data or content from the Service without our permission
• Use automated systems (such as bots, scrapers, or scripts) to access or interact with the Service
• Interfere with, disrupt, or place an excessive burden on the Service or its systems
• Attempt to gain unauthorized access to any part of the Service, user accounts, or related systems
• Circumvent or disable any security features or access restrictions
• Impersonate another person or misrepresent your identity
• Use the Service to harass, abuse, or harm another person
• Upload or transmit malicious code, viruses, or harmful data
• Submit false, misleading, or fraudulent information
• Use the Service in violation of any applicable laws or regulations

We reserve the right to suspend or terminate your access to the Service if you violate this section.

9. Mobile Application License

Use License

If you access the Service through a mobile application (the “App”), SxS Xcapes, LLC grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App on a device that you own or control, solely for your personal, non-commercial use and in accordance with these Terms. You agree not to:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or attempt to extract the source code, except as permitted by law
• Use the App for any unlawful or unauthorized purpose
• Remove or alter any proprietary notices or branding
• Use the App in a way that could interfere with or disrupt its functionality

App Store Terms

If you download the App through a third-party platform (such as the Apple App Store or Google Play Store), your use of the App must also comply with the terms and conditions of that platform. SxS Xcapes, LLC is solely responsible for providing the Service, and the platform provider is not responsible for the App or its content.

You acknowledge and agree that Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

10. Third-Party Websites And Content

The Service may include links to third-party websites, services, or content that are not owned or controlled by SxS Xcapes, LLC (“Third-Party Services”).

We do not monitor, control, or verify the accuracy, reliability, or availability of any Third-Party Services and are not responsible for their content, policies, or practices. The inclusion of any third-party links or content does not imply endorsement or approval by SxS Xcapes, LLC.

If you choose to access or interact with any Third-Party Services, you do so at your own risk. Your use of such services will be governed by their own terms and policies, not these Terms.

SxS Xcapes, LLC is not responsible for any loss, damage, or issues that may arise from your use of or reliance on any Third-Party Services, including any purchases or interactions made through them.

11. Services Management

We reserve the right, but not the obligation, to monitor the Service for compliance with these Terms.

In our sole discretion, we may take appropriate action if we believe a user has violated these Terms or applicable laws, including restricting access to the Service, removing content, or suspending or terminating accounts. We may also remove or disable any content that we determine is excessive, harmful, or disruptive to the operation of the Service.

Additionally, we reserve the right to manage, modify, or maintain the Service in any manner necessary to protect our rights, ensure proper functionality, and improve the user experience.

12. Privacy Policy

We care about your privacy and the security of your information. By accessing or using the Service, you agree to the terms of our Privacy Policy, which is incorporated into these Terms by reference. Your location information is used to provide navigation, route tracking, and off-road trail guidance while using the Service.

The Service is operated and hosted in the United States. If you access the Service from outside the United States, you understand that your information may be transferred to, stored, and processed in the United States, where data protection laws may differ from those in your jurisdiction.

By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy, including the transfer of your information to the United States.

13. Copyright Infringements

SxS Xcapes, LLC respects the intellectual property rights of others and expects users of the Service to do the same. If you believe that any content available through the Service infringes your copyright, you may submit a notice requesting that such content be removed or disabled.

To submit a copyright infringement notice, please include the following information:

• A description of the copyrighted work that you claim has been infringed
• A description of the location of the allegedly infringing content within the Service
• Your contact information, including your name and email address
• A statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner

Copyright infringement notices should be sent to: support@sxs-xcapes.com

We reserve the right to remove or disable access to any content alleged to be infringing and to terminate accounts of repeat infringers in appropriate circumstances.

14. Term And Termination

These Terms remain in effect while you access or use the Service.

We reserve the right, in our sole discretion, to suspend or terminate your access to the Service at any time, with or without notice, if we determine that you have violated these Terms, applicable law, or engaged in conduct that we deem harmful to the Service, other users, or third parties.

We may also remove, disable, or delete any content, data, or information associated with your account at any time in connection with such suspension or termination.

If your account is suspended or terminated, you may not create a new account without our prior written consent.

We reserve the right to take appropriate legal action, including civil, criminal, or injunctive relief, for any violation of these Terms.

15. Service Availability; Modifications; No Guarantee Of Continuity

SxS Xcapes, LLC reserves the right, at any time and in its sole discretion, to modify, update, replace, suspend, or discontinue the Service, in whole or in part, including any features, functionality, rides, trails, routes, maps, navigation data, or other content, with or without notice.

You acknowledge and agree that the Service may be unavailable from time to time or subject to interruptions, delays, errors, or downtime due to maintenance, technical issues, changing trail conditions, land access restrictions, legal requirements, or other factors beyond our control.

SxS Xcapes, LLC makes no guarantee that the Service, or any specific content, ride, trail, feature, or functionality, will be available, accurate, or continue to be offered for any period of time.

Nothing in these Terms obligates SxS Xcapes, LLC to maintain, support, update, or continue to provide the Service or any part thereof.

To the fullest extent permitted by law, SxS Xcapes, LLC shall not be liable for any loss, damage, or inconvenience arising from the unavailability, modification, suspension, or discontinuation of the Service or any content or feature within it.

16. Governing Law

These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law principles.

17. Dispute Resolution

Informal Negotiations

To help resolve any dispute, claim, or controversy arising out of or relating to these Terms (each, a “Dispute”), you and SxS Xcapes, LLC agree to first attempt to resolve the Dispute informally for at least thirty (30) days before initiating arbitration or any legal action. Informal negotiations begin when one party provides written notice of the Dispute to the other party, including a brief description of the issue and the desired resolution. Notices of Disputes should be sent to: support@sxs-xcapes.com

Binding Arbitration

If a Dispute cannot be resolved through informal negotiations, it shall be resolved exclusively through binding arbitration.

You understand that by agreeing to arbitration, you are waiving the right to sue in court and to a jury trial.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules, including the Consumer Arbitration Rules. Arbitration may be conducted in person, by phone, online, or through written submissions, as determined by the arbitrator. Unless otherwise required by applicable rules or law, the arbitration will take place in Idaho. The arbitrator will apply applicable law and issue a written decision. Each party will be responsible for its own costs and fees, except as otherwise required by applicable law or the applicable arbitration rules.

Court Proceedings

If a Dispute is found not to be subject to arbitration, or if arbitration is unavailable for any reason, the Dispute shall be resolved exclusively in the state or federal courts located in Idaho, and you consent to the jurisdiction of those courts.

Time Limit to File Claims

Any claim or cause of action arising out of or relating to the Service must be filed within one (1) year after the claim arises, or it will be permanently barred.

18. Disclaimer Of Warranties

The Service is provided on an “as is” and “as available” basis, without warranties of any kind. Your use of the Service is at your sole risk.

To the fullest extent permitted by applicable law, SxS Xcapes, LLC disclaims all warranties, whether express, implied, or statutory, including, without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or availability.

SxS Xcapes, LLC does not warrant that the Service will be uninterrupted, secure, or error-free, or that any content provided through the Service—including, without limitation, maps, routes, trail data, GPS information, or user-generated content—will be accurate, complete, current, or reliable.

No Professional Advice

The Service is designed to provide navigation, route guidance, and informational tools for off-road use; however, all content is provided for general informational purposes only and does not constitute professional navigation, safety, legal, land use, or environmental advice. We do not guarantee that the Service or any content is accurate, complete, reliable, current, or suitable for safety-critical decisions or real-time conditions. You should not rely on the Service as a substitute for independent verification or professional judgment. You are solely responsible for verifying all trail conditions, legal access, safety requirements, and navigation information before and during use of the Service.

Not a Safety Device

The Service is not a safety device, emergency system, or life-saving tool. You agree that you will not rely on the Service as your sole source of navigation, hazard awareness, communication, or safety information while operating a vehicle or engaging in off-road activities.

Limitation of Liability for Service Use

We are not responsible for:

• errors or inaccuracies in content
• personal injury, death, or property damage resulting from use of the Service
• unauthorized access to or use of our systems or data
• interruptions, delays, or failures of the Service
• viruses or other harmful components
• any loss or damage resulting from reliance on the Service

Your use of any third-party services, map providers, or content is at your own risk. The Service only provides suggested routes, navigation information, trail content, and general informational guidance. SxS Xcapes, LLC does not direct, control, or require you to follow any route, trail, recommendation, or navigation guidance provided through the Service.

Any decision to follow, ignore, modify, or rely upon any route or information provided through the Service is made solely at your own discretion and risk. You are solely responsible for your conduct, route selection, driving decisions, safety precautions, vehicle operation, and compliance with all applicable laws and land-use restrictions.

19. Limitations Of Liability

To the fullest extent permitted by applicable law, SxS Xcapes, LLC, and its owners, officers, employees, contractors, and affiliates shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including, without limitation, loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or related to your access to or use of, or inability to access or use, the Service, even if advised of the possibility of such damages.

In no event shall the total liability of SxS Xcapes, LLC to you for any and all claims arising out of or relating to the Service exceed the total amount you paid to SxS Xcapes, LLC for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you to the extent prohibited by applicable law.

20. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless SxS Xcapes, LLC, including its owners, affiliates, and personnel, from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Service
• Your Contributions or content you submit
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party rights

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification at your expense. You agree to cooperate with us in the defense of such claims.

21. User Data

We may store and maintain data that you submit to the Service, as well as data related to your use of the Service, for purposes of operating and improving the Service.

While we may perform routine data backups, we do not guarantee that data will be preserved or recoverable. You are solely responsible for any data you submit or rely upon through the Service.

To the fullest extent permitted by law, SxS Xcapes, LLC shall not be liable for any loss, corruption, or unavailability of data, and you waive any claims arising from such loss or corruption.

22. Electronic Communications, Transactions, And Signatures

By using the Service, sending emails, or completing forms, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically (including via email or within the Service) satisfy any legal requirement that such communications be in writing.

You also agree to the use of electronic signatures, records, and transactions in connection with your use of the Service.

23. Miscellaneous

These Terms of Use, together with any policies or operating rules posted on the Service or in connection with the Service, constitute the entire agreement between you and SxS Xcapes, LLC regarding your use of the Service. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use shall be enforced to the fullest extent permitted by law. We may assign or transfer any or all of our rights and obligations under these Terms at any time without restriction. You may not assign, transfer, or delegate any of your rights or obligations under these Terms of Use without our prior written consent.

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including, without limitation, acts of God, weather conditions, natural disasters, government actions, labor disputes, or technical failures.

Nothing in these Terms of Use creates any joint venture, partnership, employment, or agency relationship between you and SxS Xcapes, LLC.

You agree that these Terms of Use shall not be construed against SxS Xcapes, LLC by virtue of having drafted them. You waive any defenses you may have based on the electronic form of these Terms of Use or the lack of physical signatures by the parties.

If any provision of these Terms of Use is held to be invalid, unlawful, or unenforceable, such provision shall be deemed severed, and the remaining provisions shall remain in full force and effect.

24. Assumption Of Risk

Off-road driving, trail riding, and outdoor recreational activities involve numerous inherent, obvious, and non-obvious risks that cannot be eliminated without fundamentally altering the nature of the activity. By accessing or using the Service, you expressly acknowledge, understand, and agree to assume all such risks, whether known or unknown, anticipated or unanticipated, and whether arising from natural conditions, human error, equipment failure, or any other cause.

Inherent and Unavoidable Dangers

You acknowledge and agree that off-road and outdoor activities involve, without limitation:

• Terrain variations, obstacles, cliffs, rocks, debris, mud, water crossings, unstable surfaces, and other natural hazards
• Weather changes, storms, flooding, snow, ice, extreme temperatures, and reduced visibility
• Wildlife encounters, insects, and environmental conditions
• Mechanical failures, equipment malfunctions, rollovers, collisions, and loss of vehicle control
• The actions, negligence, or misconduct of other individuals, including other drivers, riders, or third parties operating vehicles or equipment
• Remote-area risks, including limited access to emergency services, delayed rescue, and communication failures

These risks may result in serious injury, permanent disability, death, or property damage.

No Emergency Services

The Service is not intended for emergency use and does not provide emergency services, real-time rescue assistance, or emergency response capabilities. You are solely responsible for contacting appropriate emergency services directly in the event of an emergency.

No Duty to Warn

SxS Xcapes, LLC has no duty to warn you of trail conditions, hazards, closures, weather, land-use restrictions, or any other risks associated with off-road or outdoor activities.

No Guarantee of Accuracy, Safety, or Conditions

You understand and agree that all maps, routes, GPS data, trail descriptions, land-use information, and related content provided through the Service:

• May be incomplete, inaccurate, outdated, unavailable, or incorrect
• May not reflect current conditions, closures, hazards, or legal access restrictions
• Are not verified, maintained, or guaranteed by SxS Xcapes, LLC

SxS Xcapes, LLC makes no representation or warranty regarding the accuracy, reliability, legality, safety, or suitability of any route, trail, or location referenced within the Service. You acknowledge and agree that routes, trails, navigation guidance, GPX files, maps, and related content made available through the Service are suggestions only and may not be appropriate, safe, legal, passable, or suitable for your specific vehicle, skill level, experience, weather conditions, terrain conditions, or other circumstances. SxS Xcapes, LLC is not responsible for how you interpret, use, follow, or rely upon any information provided through the Service.

User’s Sole Responsibility

You agree that you are solely responsible for:

• Evaluating all risks associated with any off-road or outdoor activity
• Determining the legality and safety of any trail, route, or land area
• Complying with all laws, regulations, closures, and land-use restrictions
• Exercising independent judgment and verifying conditions through external sources
• Maintaining your vehicle and equipment in safe operating condition
• Carrying appropriate safety gear, navigation tools, and emergency supplies
• Ensuring you possess the necessary skills, experience, and physical capability

SxS Xcapes, LLC does not supervise, control, or manage your activities, decisions, or conduct.

Verification of Legal Access

You are solely responsible for verifying that any trail, road, or land area is legally open for motorized use at the time you access it. The Service does not guarantee legal access, land ownership status, or compliance with federal, state, or local regulations.

Technology and Data Limitations

You acknowledge that:

• GPS signals may be delayed, obstructed, degraded, inaccurate, or unavailable
• Electronic devices may fail, lose power, malfunction, or provide incorrect information
• Navigation errors may occur even when the Service is functioning as intended

You assume all risks associated with reliance on electronic navigation, mapping, or geolocation data.

Connectivity Limitations

The Service may not function in remote areas due to lack of cellular, satellite, or internet connectivity. You acknowledge that connectivity failures may prevent access to maps, navigation, or communication features.

Express Release of Liability

To the fullest extent permitted by law, you irrevocably release, waive, discharge, and covenant not to sue SxS Xcapes, LLC, its owners, officers, employees, contractors, affiliates, and agents (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, or expenses arising out of or related to:

• Your participation in any off-road, trail, or outdoor activity
• Your reliance on any maps, routes, GPS data, trail information, or other content provided through the Service
• The inherent risks described in this Section and elsewhere in these Terms
• Any act, omission, or negligence of the Released Parties

This release applies to all claims, including any claims arising from the negligence (whether ordinary or gross, to the maximum extent permitted by law) of the Released Parties.

Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your conduct, participation in any activities, or use of the Service, including any claims brought by third parties.

25. User Responsibility And Independent Judgment

You are solely responsible for your actions and decisions while using the Service. The Service is provided for informational and convenience purposes only and is not a substitute for your own judgment.

You agree to independently evaluate all information provided through the Service, including maps, routes, trail conditions, and user-generated content, before relying on it. You must use your own judgment in assessing safety, legality, terrain, weather, closures, and other conditions.

You acknowledge that conditions in outdoor and off-road environments can change rapidly and may differ from what is displayed in the Service. You are responsible for verifying current conditions and ensuring that any route or activity is safe and appropriate for your skill level, vehicle, and equipment.

You agree not to rely solely on the Service for navigation, safety decisions, or route planning and assume full responsibility for any risks associated with your use of the Service.

You are solely responsible for operating your vehicle safely and in compliance with all applicable laws, regulations, and trail or land-use requirements. You agree not to use or interact with the Service in any manner that distracts you, interferes with safe vehicle operation, or creates unsafe conditions.

You retain complete control over your actions and decisions at all times while using the Service. Nothing provided through the Service constitutes instructions, guarantees, directives, or commands from SxS Xcapes, LLC.

You are solely responsible for determining whether to follow any suggested route, trail, navigation guidance, or user-generated content made available through the Service.

26. Contact Information

If you have any questions, concerns, or feedback regarding the Service, these Terms, or your account, you may contact the Company at:

support@sxs-xcapes.com