Our Terms of Service

These Terms of Service govern your use of the Internet forum located at https://outpost.trailspect.com, including your reliance on information and communications available through the forum and your interactions with people and organizations you encounter through the forum.

The forum is called Outpost in these terms.

To use Outpost, you must agree to these terms with Ultraeum, Inc., the company that operates Outpost under the Trailspect brand. In these terms, the company means Ultraeum, Inc.

The company may offer other products, services, events, programs, or activities under separate terms. These terms govern Outpost and the Outpost-related matters described below. A separate written agreement may supplement or replace these terms for a particular product, service, event, program, or activity offered directly by the company.

Important Terms

These terms include important provisions that affect your legal rights and responsibilities.

These provisions include:

  • The acknowledgment and assumption of risk in Outdoor Activities, Assumption of Risk, and Release;

  • The release of liability and covenant not to sue in Outdoor Activities, Assumption of Risk, and Release;

  • The disclaimers in Disclaimers;

  • The limits on the liability of the company and the other Released Parties in Limits on Liability;

  • Your agreement to indemnify the Released Parties for certain claims described in Your Responsibility;

  • The jury-trial waiver and agreement to resolve most disputes through individual binding arbitration in Disputes; and

  • The class-action and representative-action waiver in Disputes.

Please read these provisions carefully before agreeing to these terms.

Your Permission to Use Outpost

Subject to these terms, the company gives you permission to use Outpost.

You must agree to these terms before creating an account or participating in Outpost.

Your permission to use Outpost does not create an employment, agency, partnership, joint venture, fiduciary, professional, guide-client, outfitter-client, organizer-participant, or other special relationship between you and the company.

The company may establish additional rules, community guidelines, participation requirements, and policies for particular portions or features of Outpost. Those rules and policies supplement these terms but do not replace them unless the company expressly states otherwise.

Conditions for Use of Outpost

Your permission to use Outpost is subject to the following conditions:

  • You must be at least eighteen years old to create an account, submit content, communicate with other users, join groups, or otherwise participate in Outpost.

  • By creating an account or participating in Outpost, you represent and warrant that you are at least eighteen years old.

  • Outpost is not intended for participation by anyone under eighteen years old. A person under eighteen may not create or use an account, even with permission from a parent or guardian.

  • You may no longer use Outpost if the company contacts you directly to say that you may not.

  • You must use Outpost in accordance with Acceptable Use, Content Standards, and all other applicable rules and policies.

  • You must comply with applicable laws, land-management requirements, access restrictions, permits, closures, rules, and regulations when acting on information obtained through Outpost or participating in an activity discussed, discovered, promoted, or arranged through Outpost.

Acceptable Use

You may not break the law using Outpost.

You may not use or try to use another person’s account without that person’s specific permission.

You may not buy, sell, or otherwise trade in usernames or other unique identifiers on Outpost.

You may not send unauthorized advertisements, chain letters, spam, or other solicitations through Outpost.

You may not use Outpost to gather addresses or other personal data for unauthorized commercial mailing lists, databases, profiling, surveillance, or other commercial purposes.

You may not automate access to Outpost or monitor Outpost using a web crawler, scraper, browser plug-in, browser add-on, automated agent, artificial-intelligence system, or other computer program that is not an ordinary web browser, unless the company expressly authorizes that activity in writing.

You may not crawl or scrape Outpost to index it for a publicly available search engine, train an artificial-intelligence model, create a competing database or service, or republish Outpost content without the company’s written permission.

You may not use Outpost to send email to distribution lists, newsgroups, or group-mail aliases.

You may not falsely imply that you are affiliated with, employed by, sponsored by, verified by, or endorsed by the company or Trailspect.

You may not falsely imply that another person, organization, event, product, service, activity, or communication is affiliated with, sponsored by, verified by, or endorsed by the company or Trailspect.

You may not hyperlink directly to images or other non-hypertext content hosted on Outpost from another website without permission.

You may not remove copyright notices, trademarks, ownership marks, attribution, or other proprietary notices from materials you access or download through Outpost.

You may not display or embed any part of Outpost on another website using an iframe or similar technology without the company’s written permission.

You may not disable, avoid, bypass, or circumvent a security control, access restriction, participation restriction, moderation measure, or technical limitation of Outpost.

You may not place an unreasonable load on Outpost or the information systems underlying Outpost.

You may not impersonate another person or organization.

You may not use Outpost to stalk, threaten, harass, exploit, defraud, or endanger another person.

You may not use information obtained through Outpost to contact another person after that person has asked you to stop.

You may not encourage, assist, direct, or enable another person to violate these terms.

Content Standards

You may not submit content to Outpost that is illegal, fraudulent, threatening, abusive, harassing, hateful, exploitative, defamatory, unlawfully discriminatory, sexually explicit, or otherwise harmful to another person.

You may not submit content that violates the law, infringes another person’s intellectual-property rights, violates another person’s privacy or publicity rights, or breaches an agreement or legal obligation you owe to another person.

You may not submit content containing malicious computer code, viruses, spyware, ransomware, or other harmful software.

You may not submit content as a mere placeholder to reserve a particular address, username, identifier, or location within Outpost.

You may not disclose information that you do not have the right to disclose, including another person’s confidential, private, sensitive, or personally identifying information.

You may not knowingly provide materially false or misleading information about:

  • Trail or road conditions;

  • Routes, distances, elevation, difficulty, or navigation;

  • Weather, wildfire, smoke, air quality, flooding, snow, ice, water, wildlife, or other hazards;

  • Closures, access rights, land ownership, permits, or regulations;

  • Events, activities, volunteer opportunities, or meeting arrangements;

  • Your identity, experience, credentials, qualifications, authority, affiliation, or insurance;

  • Emergency resources, medical care, communications, transportation, or rescue availability; or

  • Any other matter that could materially affect another person’s health, safety, property, finances, or legal rights.

Content about outdoor conditions, access, hazards, routes, events, activities, organizations, or people must not be presented as official, verified, guaranteed, certified, approved, or endorsed by the company unless the company has expressly authorized that representation in writing.

Enforcement

The company may investigate suspected violations of these terms and may take any action it considers appropriate and lawful.

The company may cooperate with law-enforcement authorities, courts, government agencies, land managers, service providers, and affected persons in investigating or addressing suspected unlawful conduct, threats, safety risks, or violations of these terms.

The company may edit, redact, restrict, move, label, close, hide, or delete content for any reason.

The company may restrict, suspend, or terminate accounts, permissions, groups, roles, messages, or access to any part of Outpost.

The company is not required to investigate, monitor, preserve, edit, or remove any particular content or communication.

Moderation, editing, removal, labeling, pinning, closing, organization, account status, role assignment, group membership, permission level, or continued availability of content does not constitute endorsement, verification, certification, approval, or a determination that the content or person is safe, accurate, lawful, or qualified.

If you believe someone has submitted content or engaged in conduct that violates these terms, contact the company promptly.

Your Account

You must create and log into an account to use some or all features of Outpost.

To create an account, you must provide certain information about yourself. You agree to provide accurate information, including a valid email address, and to keep that information current.

You may close your account at any time by emailing team@ultraeum.com.

You are responsible for activity conducted through your account until you close the account or notify the company that the account has been compromised.

You agree to notify the company promptly if you believe your account or login method has been lost, stolen, accessed without permission, or otherwise compromised.

You agree to use reasonable measures to protect access to your account, including using secure passwords or passwordless login methods when available.

The company may restrict, suspend, or close your account if:

  • The company reasonably believes you have violated these terms or another applicable policy;

  • The company reasonably believes your account or conduct creates a legal, security, fraud, privacy, operational, or safety risk;

  • You do not meet the age or eligibility requirements;

  • The company is required to do so by law or legal process;

  • You repeatedly infringe intellectual-property rights; or

  • The company discontinues Outpost or the relevant service.

An account, title, badge, trust level, group membership, role, permission level, moderator status, staff designation, listing, or other designation does not represent a background check, identity verification, professional credential, insurance verification, safety certification, endorsement, or guarantee unless the company expressly states otherwise in writing.

Your Content

Nothing in these terms gives the company ownership of intellectual property that you submit to Outpost, such as your posts, photographs, comments, messages, profile information, or other original content.

Nothing in these terms gives you ownership of the company’s intellectual property or the intellectual property of another user or third party.

Between you and the company, you remain solely responsible for content you submit to Outpost.

You represent and warrant that:

  • You own the content you submit or have all rights and permissions necessary to submit it;

  • Your submission and the company’s permitted use of it will not violate another person’s rights;

  • Your content does not violate these terms; and

  • You will not falsely imply that your content is sponsored, verified, certified, approved, or endorsed by the company.

You retain ownership of your content, but you grant the company a worldwide, nonexclusive, royalty-free license to host, store, reproduce, format, adapt, publish, display, distribute, moderate, analyze, and otherwise use that content as reasonably necessary to operate, administer, secure, maintain, improve, and promote Outpost.

This license allows the company to make content you submit available to other Outpost users according to the visibility and access settings applicable to that content.

This license also allows the company to create technical copies, backups, thumbnails, previews, search indexes, and other formats necessary to operate Outpost.

When content you submit is removed from Outpost, the company’s license ends when the final copy disappears from the company’s active systems, backups, caches, and archives, except to the extent the company reasonably retains the content for:

  • Legal compliance;

  • Security and fraud prevention;

  • Enforcement of these terms;

  • Recordkeeping;

  • Dispute resolution;

  • Restoration or backup processes; or

  • Protection of the company, users, or third parties.

Licenses you separately grant to other people, including Creative Commons licenses, may continue after your content is removed.

Another person who receives or accesses your content may copy, misuse, redistribute, or violate the terms under which you made it available. To the fullest extent permitted by law, the company is not liable for another person’s misuse of your content.

Outdoor Activities, Assumption of Risk, and Release

Nature of Outpost

Ultraeum, Inc. operates Trailspect Outpost as a platform through which users may exchange information, communicate, make introductions, discuss outdoor places and activities, and coordinate with other people and organizations.

Unless Ultraeum expressly states otherwise in a separate written agreement, Ultraeum does not organize, sponsor, supervise, control, inspect, or provide safety services for an activity merely because the activity is discussed, promoted, discovered, or arranged through Outpost.

Outpost is not a guide, outfitter, emergency service, medical provider, land manager, transportation provider, event regulator, or substitute for official information, professional advice, appropriate training, suitable equipment, or the exercise of personal judgment.

Outpost does not guarantee that anyone will monitor a communication, respond to a request, provide assistance, or take action within any particular period.

User Responsibility for Activities and Decisions

You are solely responsible for deciding whether to:

  • Rely on information obtained through Outpost;

  • Communicate or meet with another person;

  • Travel to any location;

  • Use any trail, road, route, facility, or outdoor area;

  • Join or participate in any club, organization, event, volunteer project, trip, meetup, training session, or outdoor activity; or

  • Organize, promote, lead, host, or invite another person to participate in an activity.

You are responsible for independently confirming current:

  • Trail, route, road, and facility conditions;

  • Weather, wildfire, smoke, flooding, snow, ice, heat, air quality, and other environmental conditions;

  • Closures, access rights, land ownership, permits, rules, and restrictions;

  • Route information, distances, elevation, difficulty, technical requirements, and navigation;

  • Event details, requirements, cancellation status, and organizer information;

  • Qualifications, credentials, experience, equipment, and insurance;

  • Transportation, communications, emergency resources, rescue availability, and medical options; and

  • Any other information material to your decision.

You must use appropriate official, authoritative, and current sources.

Information posted on Outpost may be incomplete, inaccurate, outdated, misleading, or unsuitable for your individual circumstances.

You are responsible for evaluating your health, fitness, experience, skills, judgment, equipment, transportation, preparation, and ability to participate safely.

You are responsible for obtaining medical, legal, safety, land-access, insurance, or other professional advice appropriate to your circumstances.

Acknowledgment and Assumption of Risk

Outdoor recreation, travel, volunteering, events, meetings with other people, and activities in remote, unfamiliar, or uncontrolled places involve inherent and other risks.

Those risks may include:

  • Slips, trips, falls, collisions, crashes, impacts, and traffic;

  • Difficult, steep, unstable, damaged, wet, icy, snowy, loose, technical, or unmarked terrain;

  • Water crossings, currents, tides, drowning, flooding, and other water hazards;

  • Severe or changing weather, lightning, extreme heat, extreme cold, wind, hail, snow, and ice;

  • Altitude, dehydration, exhaustion, overexertion, hypothermia, hyperthermia, and other physical stresses;

  • Wildfire, smoke, poor air quality, falling trees, rockfall, landslides, avalanches, and other natural hazards;

  • Wildlife, domestic animals, plants, insects, bites, stings, allergens, and disease;

  • Illness, infection, communicable disease, and exposure to biological hazards;

  • Equipment failure, improper equipment, inadequate clothing, and inadequate supplies;

  • Navigation errors, inaccurate maps or directions, route changes, becoming separated, and becoming lost;

  • Road closures, transportation failures, vehicle incidents, and travel delays;

  • Limited or unavailable communications;

  • Delayed, inadequate, or unavailable rescue, evacuation, emergency response, or medical care;

  • Property loss, theft, or damage;

  • Criminal, reckless, negligent, intentional, or other acts or omissions of users and third parties; and

  • Risks that are unknown, unexpected, or not reasonably foreseeable.

These and other risks may result in financial loss, property damage, emotional distress, illness, serious bodily injury, permanent disability, paralysis, or death.

To the fullest extent permitted by law, you knowingly and voluntarily assume all risks, whether known or unknown, inherent or otherwise, foreseeable or unforeseeable, arising from or relating to:

  1. Your use of or inability to use Outpost;

  2. Your reliance on content or communications available through Outpost;

  3. Your interactions or communications with users or other third parties;

  4. Any activity, event, trip, meetup, volunteer project, training session, gathering, or other undertaking that you arrange, organize, lead, join, attend, or learn about through Outpost;

  5. Your travel to, participation in, or return from any such undertaking; and

  6. Your decision not to obtain or follow official information, professional advice, safety guidance, medical advice, training, equipment, or assistance.

Release and Covenant Not to Sue

Released Parties means:

  • Ultraeum, Inc., operating under the Trailspect brand;

  • Its current and former parents, subsidiaries, and affiliates; and

  • Their respective current and former directors, officers, shareholders, members, employees, agents, representatives, contractors, insurers, service providers, technology providers, licensors, successors, assigns, and authorized staff and volunteer moderators acting within the scope of their roles.

To the fullest extent permitted by law, you release and discharge the Released Parties from claims, demands, actions, causes of action, damages, losses, liabilities, judgments, costs, and expenses arising from or relating to the matters described in this section.

This release expressly includes claims arising from the ordinary negligence of a Released Party.

You covenant not to file, bring, join, maintain, assist, or participate in a released claim against a Released Party.

This release and covenant not to sue apply whether a claim is asserted directly by you or by another person claiming through or on your behalf.

This release does not apply to gross negligence, recklessness, intentional misconduct, fraud, willful injury, or any other liability that applicable law does not permit the parties to release, waive, disclaim, or limit.

Third Parties and Other Users

The company does not guarantee the identity, age, background, qualifications, experience, licensing, certification, insurance, solvency, judgment, conduct, intentions, reliability, or safety of any:

  • User;

  • Club or organization;

  • Event organizer or participant;

  • Vendor or professional;

  • Volunteer;

  • Landowner or land manager;

  • Guide or coach;

  • Transportation provider;

  • Sponsor; or

  • Other third party.

Unless the company expressly states otherwise in writing, an account, role, badge, group membership, listing, post, introduction, moderation status, event reference, organization page, access permission, or other presence on Outpost does not constitute an endorsement, recommendation, guarantee, identity verification, background check, safety certification, credential verification, or insurance verification.

The company generally does not conduct criminal-background checks or independently verify every statement, qualification, affiliation, credential, or insurance claim made by a user or third party.

You are responsible for:

  • Evaluating people and organizations before relying on them;

  • Deciding whether, when, and where to meet another person;

  • Protecting your personal and financial information;

  • Establishing appropriate boundaries and safety measures;

  • Confirming qualifications, credentials, authority, and insurance when relevant;

  • Informing an appropriate person of your plans;

  • Declining or leaving a situation you consider unsafe; and

  • Contacting appropriate authorities when you believe another person may be in danger.

No Emergency Reliance

Outpost is not an emergency service and is not monitored as an emergency communications system.

Do not use Outpost to request or coordinate immediate emergency assistance.

Do not rely on the company, a moderator, another user, or an organization appearing on Outpost to arrange rescue, evacuation, medical care, emergency transportation, welfare checks, or emergency communications.

Contact the appropriate emergency authority directly when immediate assistance is needed.

Third-Party Beneficiaries

Each Released Party is an intended third-party beneficiary of Outdoor Activities, Assumption of Risk, and Release and may enforce that section directly.

Your Responsibility

You agree to indemnify, defend, and hold harmless the Released Parties from third-party claims, demands, actions, proceedings, damages, losses, liabilities, judgments, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:

  1. Your breach of these terms;

  2. Content you submit, publish, transmit, or make available through Outpost;

  3. Your unlawful, fraudulent, reckless, negligent, or intentionally harmful conduct;

  4. Your violation or infringement of another person’s rights;

  5. Your misuse of Outpost;

  6. Your communications, transactions, agreements, or disputes with another user or third party;

  7. An event, activity, trip, meetup, volunteer project, training session, gathering, or other undertaking that you organize, lead, host, promote, or conduct;

  8. Injury, damage, or loss caused by your acts or omissions; or

  9. A breach of these terms by another person using your account.

This indemnification obligation does not require you to indemnify a Released Party for that Released Party’s gross negligence, recklessness, intentional misconduct, fraud, willful injury, or other conduct for which indemnification cannot lawfully be required.

You and the company agree to notify the other side of a claim for which you may have to indemnify a Released Party as soon as reasonably practicable.

If the company fails to notify you promptly, your obligations will be reduced only to the extent the delay materially prejudices your ability to defend against or mitigate the claim.

The company may control the investigation, defense, and settlement of a claim subject to indemnification. You agree to cooperate reasonably with those efforts.

The company will not enter into a settlement that expressly admits wrongdoing by you or imposes a nonmonetary obligation directly on you without your prior written consent, which will not be unreasonably withheld, conditioned, or delayed.

Disclaimers

In addition to the acknowledgments and assumptions of risk described above, you accept the risks of using Outpost and relying on content and communications available through Outpost.

To the fullest extent permitted by law, the Released Parties provide Outpost and all content, communications, functions, and services available through Outpost “as is” and “as available.”

To the fullest extent permitted by law, the Released Parties disclaim all express and implied warranties, including warranties of:

  • Merchantability;

  • Fitness for a particular purpose;

  • Title;

  • Noninfringement;

  • Accuracy;

  • Completeness;

  • Currency;

  • Availability;

  • Security;

  • Reliability;

  • Safety; and

  • Suitability.

The company does not warrant that:

  • Outpost will always be available, secure, uninterrupted, timely, or error free;

  • Defects or errors will be corrected;

  • Outpost or its infrastructure will be free of viruses, malicious code, or harmful components;

  • Content or communications will be accurate, complete, current, lawful, safe, or suitable for you;

  • A particular user or organization is who or what they claim to be;

  • A trail, road, route, facility, destination, event, or activity is open, lawful, safe, permitted, accessible, or appropriate;

  • A user, organizer, club, guide, volunteer, vendor, professional, landowner, or organization has particular experience, qualifications, authority, licensing, insurance, or competence;

  • A message or request will be read or answered;

  • Content will be preserved, backed up, or remain available; or

  • The company will review, verify, monitor, moderate, preserve, or remove any particular content or communication.

Outpost may contain links to or integrations with websites, forums, products, platforms, payment systems, maps, applications, and services operated by third parties.

The company does not control or make warranties about third-party services or content.

Use of a third-party service may be governed by separate terms and privacy policies between you and the third party.

Limits on Liability

To the fullest extent permitted by law, no Released Party will be liable for damages that its personnel could not reasonably have foreseen when you agreed to these terms.

To the fullest extent permitted by law, no Released Party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages.

To the fullest extent permitted by law, no Released Party will be liable for:

  • Lost profits, revenue, opportunity, business, savings, goodwill, reputation, or data;

  • Loss of use or interruption of service;

  • Personal decisions made in reliance on content or communications;

  • The acts or omissions of another user or third party;

  • Unauthorized access to or alteration of your content or communications;

  • Content lost, deleted, corrupted, or unavailable;

  • Personal injury, death, emotional distress, or property damage arising from an activity or interaction covered by Outdoor Activities, Assumption of Risk, and Release; or

  • Any event, activity, trip, meetup, volunteer project, training session, gathering, or other undertaking discussed, discovered, promoted, or arranged through Outpost.

To the fullest extent permitted by law, the total combined liability of all Released Parties to you for all claims arising from or relating to Outpost, content or communications available through Outpost, your reliance on that content or those communications, your interactions with users or third parties, or an activity discussed, discovered, promoted, or arranged through Outpost will not exceed fifty dollars.

The exclusions and limitations in this section apply:

  • Regardless of the form or legal theory of the claim;

  • Whether the claim is based on contract, tort, negligence, strict liability, statute, equity, or another theory;

  • Even if a Released Party knew or had been advised that damages were possible; and

  • To the fullest extent permitted by applicable law.

This section does not exclude or limit gross negligence, recklessness, intentional misconduct, fraud, willful injury, or any other liability that applicable law does not permit the parties to exclude or limit.

Some jurisdictions do not allow certain exclusions or limitations. In that event, the exclusions and limitations will apply to the maximum extent permitted by applicable law.

Feedback

The company welcomes feedback and suggestions about Outpost.

See Contact below for information about contacting the company.

You agree that the company may use, develop, disclose, reproduce, distribute, modify, license, and otherwise act on feedback or suggestions you provide without:

  • Notifying you that the feedback was used;

  • Obtaining additional permission from you;

  • Restricting the company’s use; or

  • Paying you.

Do not submit feedback or suggestions that you believe are confidential or proprietary to you or another person.

Termination

Either you or the company may end the agreement established by these terms at any time.

You may end the agreement by closing your account and discontinuing your use of Outpost.

The company may end the agreement by closing your account, withdrawing your permission to use Outpost, or discontinuing Outpost.

When the agreement ends, your permission to use Outpost also ends.

Termination does not eliminate rights, duties, releases, limitations, claims, or liabilities that arose before termination.

The following provisions survive termination:

  • Your Content;

  • Outdoor Activities, Assumption of Risk, and Release;

  • Your Responsibility;

  • Disclaimers;

  • Limits on Liability;

  • Feedback;

  • Disputes;

  • General Terms; and

  • Any other provision that by its nature is intended to survive termination.

Disputes

Governing Law

California law governs these terms and disputes arising from or relating to these terms or Outpost, without regard to conflict-of-law principles.

This choice of law does not deprive you of a nonwaivable consumer protection provided by the law of the jurisdiction where you reside.

Informal Dispute Resolution

Before beginning arbitration, you and the company agree to attempt to resolve the dispute informally.

A person asserting a dispute must send the other party a written notice describing:

  • The person’s name and contact information;

  • The account or email address associated with Outpost, when applicable;

  • The facts giving rise to the dispute;

  • The legal and factual basis of the claim;

  • The specific relief requested; and

  • The amount of money sought, if any.

You must send a notice to team@ultraeum.com.

The company may send a notice to the email address associated with your account.

The parties will have sixty days after receipt of a complete notice to attempt to resolve the dispute.

A party may begin arbitration after the sixty-day period ends if the dispute has not been resolved.

Any applicable limitations period will be tolled during the sixty-day informal-resolution period.

Small Claims Court

Either party may bring an individual claim in a small claims court with jurisdiction if the claim qualifies for that court and remains in that court.

A party may elect small claims court before an arbitrator is appointed.

Binding Individual Arbitration

Except for claims eligible for small claims court and the requests for injunctive relief described below, you and the company agree that any dispute arising from or relating to these terms, Outpost, your account, content or communications available through Outpost, or your relationship with the company will be resolved through binding individual arbitration administered by the American Arbitration Association.

The arbitration will be governed by the AAA Consumer Arbitration Rules and Mediation Procedures in effect when the arbitration is filed, as modified by these terms.

Information about the AAA and its rules is available from the American Arbitration Association.

If the AAA will not administer the arbitration consistent with these terms, the parties will select another nationally recognized arbitration provider. If the parties cannot agree, a court with jurisdiction may appoint the provider.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

The arbitrator has authority to award the same individual remedies that a court could award, subject to these terms and applicable law.

The arbitrator must apply applicable substantive law and must issue a reasoned written decision sufficient to explain the essential findings and conclusions supporting the award.

Location and Format

The arbitration may be conducted through written submissions, by telephone, by video conference, or through an in-person hearing, as determined under the AAA Consumer Arbitration Rules.

An in-person hearing will take place in a reasonably convenient location in the United States, ordinarily in the county where you reside, unless you and the company agree otherwise.

Arbitration Fees and Attorneys’ Fees

Payment of filing, administrative, case-management, hearing, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules and applicable law.

The company will pay fees that the applicable rules or law require the company to pay.

Each party will bear its own attorneys’ fees and costs unless applicable law or the arbitrator permits or requires a different allocation.

The arbitrator may award fees, costs, sanctions, or other relief when authorized by applicable law or the governing arbitration rules.

Injunctive Relief

Either party may seek temporary or preliminary injunctive relief from a court with jurisdiction when necessary to preserve the status quo or prevent imminent and irreparable harm while arbitration is pending.

The company may also seek injunctive or equitable relief in court to prevent or address:

  • Unauthorized access to or interference with Outpost;

  • Misuse of intellectual property;

  • Breach of confidentiality;

  • Fraud;

  • Security threats; or

  • Violations of access restrictions.

A request for such relief does not waive the obligation to arbitrate other claims.

Waiver of Jury Trial

YOU AND THE COMPANY WAIVE THE RIGHT TO HAVE A DISPUTE COVERED BY THIS ARBITRATION AGREEMENT DECIDED BY A JUDGE OR JURY IN COURT.

Class and Representative Action Waiver

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY ASSERT CLAIMS ONLY IN AN INDIVIDUAL CAPACITY.

Neither party may bring, join, participate in, or obtain relief through a:

  • Class action;

  • Collective action;

  • Consolidated action;

  • Coordinated action;

  • Mass action;

  • Private-attorney-general action; or

  • Other representative proceeding.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

The arbitrator may not consolidate the claims of different persons or preside over a representative proceeding without the written agreement of all affected parties.

If a final court decision determines that applicable law prevents enforcement of this waiver for a particular claim or request for relief, that claim or request for relief will be severed and decided by a court after all arbitrable claims have been resolved.

Enforcement of Award

A court with jurisdiction may enter judgment on an arbitration award.

Except as permitted by the Federal Arbitration Act or other applicable law, the arbitration award is final and binding.

Court Venue

For a dispute that is not subject to arbitration, you and the company consent to the exclusive jurisdiction and venue of the state and federal courts with jurisdiction over Redwood City, California, except when applicable law requires a different forum.

General Terms

If a provision of these terms is unenforceable as written but could be made enforceable through a limited modification, the provision will be modified only to the minimum extent necessary to make it enforceable.

If a provision cannot lawfully be modified and enforced, it will be severed, and the remaining provisions will continue in effect.

A release, assumption of risk, waiver, limitation, disclaimer, indemnity, or covenant in these terms is intended to be enforced to the fullest extent permitted by applicable law.

You may not assign or transfer your agreement with the company without the company’s written permission.

The company may assign or transfer its agreement with you to:

  • An affiliate;

  • A successor;

  • A person or company that obtains control of the company; or

  • A person or company that acquires assets related to Outpost.

An attempted assignment or transfer contrary to these terms has no legal effect.

A failure or delay in exercising a right does not waive that right.

A waiver of one breach does not waive another breach.

Section headings are provided for convenience and do not limit or change the meaning of these terms.

“Including” and similar terms mean “including without limitation.”

These terms, together with policies and rules expressly incorporated into them, contain the complete agreement between you and the company concerning Outpost and the matters covered by these terms.

These terms replace prior agreements between you and the company concerning those matters, whether written or oral.

A separate written agreement may supplement or replace these terms for a particular event, product, service, program, or activity offered directly by the company.

Nothing in these terms creates rights in a third party except for the rights expressly granted to the Released Parties.

Contact

You may notify the company under these terms or send questions about these terms to:

team@ultraeum.com

The company may notify you:

  • At the email address associated with your account;

  • Through a notice on the Outpost homepage;

  • Through a notice on your account page;

  • Through an on-screen message or alert; or

  • Through another reasonably conspicuous method.

You are responsible for keeping the email address associated with your account current.

Changes

The company last updated these terms on June 27, 2026.

The company may update these terms from time to time.

The company will post updated terms through Outpost.

For an update containing a material change, the company will provide notice through the email address associated with your account, an on-screen message or alert, or another reasonably conspicuous method.

The company may require you to affirmatively agree to updated terms before continuing to access or participate in Outpost.

If you do not agree to updated terms, you must stop using Outpost and close your account.

Your continued use after receiving notice of a nonmaterial update constitutes acceptance of that update to the extent permitted by law.