UNDISCOVERED AMERICA LLC
Effective date: July 1, 2026 | Last updated: July 21, 2026
| IMPORTANT—PLEASE READ CAREFULLY. These Terms contain an arbitration agreement, class-action waiver, assumption-of-risk provisions, disclaimers, and limitations of liability that affect your legal rights. Section 17 explains how to opt out of arbitration within 30 days. |
1. Agreement to These Terms
These Terms and Conditions (“Terms”) are a binding agreement between you and Undiscovered America LLC, a Utah limited liability company (“Undiscovered America,” “Company,” “we,” “us,” or “our”). They govern your access to and use of undiscoveredamerica.org and any other website, page, application, digital service, store, content, or feature that links to these Terms (collectively, the “Site”).
By accessing or using the Site, creating an account, submitting content, making a purchase, or clicking a button indicating acceptance, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site. If you use the Site for an organization, you represent that you have authority to bind it, and “you” includes that organization.
2. Eligibility
You must be at least 18 years old and legally capable of entering a binding contract to make a purchase, create an account, or submit content through the Site. Visitors under 18 may use publicly available content only with the involvement and supervision of a parent or legal guardian. You may not use the Site if applicable law prohibits you from doing so.
3. Informational and Entertainment Content
The Site may provide podcasts, videos, articles, photographs, maps, historical accounts, folklore, travel ideas, interviews, and other media. This material is offered for general informational, educational, and entertainment purposes only. It is not professional, legal, medical, financial, safety, navigation, weather, land-access, or emergency advice. Historical accounts and folklore may include uncertainty, conflicting sources, dramatization, opinion, or error.
You are responsible for independently confirming current road and trail conditions, weather, closures, permits, boundaries, private-property rights, fire restrictions, wildlife risks, accessibility, vehicle suitability, and other conditions with the appropriate land manager or authority before traveling or acting on Site content. Maps, coordinates, directions, and descriptions may be incomplete, outdated, or inaccurate and must not be your sole navigation or safety resource.
4. Outdoor and Travel Risks; Assumption of Risk
Outdoor travel and recreation can involve inherent and other risks, including severe weather, wildfire, flooding, falling rock, unstable terrain, high altitude, wildlife, remoteness, limited communications, vehicle failure, collisions, getting lost, delayed rescue, illness, bodily injury, property damage, and death. To the fullest extent permitted by law, you voluntarily assume all risks arising from your decision to visit, travel to, or participate in any location or activity discussed, depicted, linked, or promoted on the Site, whether known or unknown, except to the extent a risk may not lawfully be assumed or waived.
Site content is not an invitation or authorization to trespass, enter a closed area, disturb archaeological or historic resources, remove artifacts, or violate any law, regulation, permit, posted rule, or landowner restriction.
5. Accounts and Security
If the Site permits accounts, you must provide accurate, current information; safeguard your credentials; and promptly notify us of suspected unauthorized use. You are responsible for activity under your account to the extent permitted by law. We may reject, suspend, or terminate accounts that violate these Terms, create risk, or are used unlawfully.
6. Purchases, Pricing, Payment, and Taxes
Product descriptions, availability, prices, and promotions may change without notice. We may correct errors, limit quantities, reject or cancel orders, and issue an appropriate refund. You authorize us and our payment processors to charge the payment method you provide for the total shown at checkout, including applicable shipping, fees, and taxes. You represent that you are authorized to use that payment method.
Orders are not accepted until we send confirmation or ship the product. Risk of loss and title to physical goods pass as provided by applicable law and the stated shipping terms. You are responsible for any customs duties, import charges, or taxes not collected at checkout.
7. Shipping, Returns, Refunds, and Cancellations
Shipping estimates are not guarantees. Purchases are subject to the return, refund, and cancellation policy displayed at checkout or linked from the applicable offer. If no separate policy is displayed for physical merchandise, contact us within 30 days after delivery to request a return authorization; items must be unused and in original condition, and original shipping charges are nonrefundable unless the item was defective, damaged on arrival, or incorrectly supplied. Customized, personalized, digital, downloaded, or final-sale items are nonreturnable except where required by law.
8. Intellectual Property
The Site and its content—including names, logos, designs, text, audio, video, photographs, graphics, artwork, compilations, and software—are owned by or licensed to Undiscovered America and are protected by intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Site for personal, noncommercial purposes.
You may not copy, reproduce, modify, distribute, sell, license, publicly display or perform, scrape, harvest, frame, mirror, reverse engineer, remove rights notices from, or create derivative works from Site content without prior written permission, except as applicable law expressly permits. “Undiscovered America,” associated logos, and related brand names are trademarks or service marks of the Company or their respective owners. No license to use a mark is granted by these Terms.
9. User Submissions
If you submit comments, reviews, photographs, recordings, stories, suggestions, or other material (“User Content”), you retain your ownership rights. You grant Undiscovered America a worldwide, nonexclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, adapt, publish, translate, distribute, publicly perform and display, and otherwise use that User Content for operating, promoting, and improving the Site and our business, in any media, subject to our Privacy Policy. This license continues for content already used or incorporated into materials even if you later remove the submission, to the extent permitted by law.
You represent that you own or have all permissions needed for your User Content; it is accurate where presented as fact; and it does not violate privacy, publicity, intellectual-property, contractual, or other rights. Do not submit confidential information. We may remove or decline User Content but have no obligation to monitor it.
10. Acceptable Use
You may not use the Site to violate law or another person’s rights; trespass or encourage unlawful access; impersonate others; submit harmful, fraudulent, defamatory, obscene, or infringing material; transmit malware; probe or bypass security; interfere with Site operation; collect personal information without authorization; use automated means to scrape or overload the Site; manipulate reviews; or use Site content or data to train an artificial-intelligence model without our written permission. We may investigate suspected violations and cooperate with lawful authorities.
11. Third-Party Links, Advertising, and Affiliate Relationships
The Site may link to or display third-party sites, products, services, advertisements, or embedded media. They are provided for convenience and do not imply endorsement. We do not control them and are not responsible for their content, security, availability, privacy practices, or transactions. Your dealings with third parties are between you and the third party.
We may receive compensation, commissions, free products, or other value from certain links, sponsors, or recommendations. Material relationships will be disclosed where required. Sponsored content and endorsements reflect the identified speaker’s honest opinions but are not guarantees of results or suitability.
12. Copyright Complaints
If you believe Site material infringes your copyright, send a written notice to our designated contact listed in Section 22 containing: identification of the copyrighted work; identification and location of the allegedly infringing material; your contact information; a statement of good-faith belief that the use is unauthorized; a statement under penalty of perjury that the notice is accurate and you are authorized to act; and your physical or electronic signature. We may remove material and, where appropriate, terminate repeat infringers. If the Company relies on the federal DMCA safe harbor, it should separately register and keep current a designated agent with the U.S. Copyright Office.
13. Privacy and Electronic Communications
Our collection and use of personal information are described in our Privacy Policy, which is incorporated into these Terms. By providing contact information, you agree that we may send transactional and service communications. Marketing email and text messages, if offered, are subject to any separate consent presented when you enroll; consent to marketing is not a condition of purchase. Message and data rates may apply. You may opt out as described in the message, but we may still send nonmarketing communications relating to transactions, security, or legal matters.
14. No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. UNDISCOVERED AMERICA AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND SYSTEM AVAILABILITY.
WE DO NOT WARRANT THAT THE SITE OR ANY CONTENT, PRODUCT, SERVICE, LOCATION, ROUTE, OR RECOMMENDATION WILL BE ACCURATE, COMPLETE, CURRENT, SAFE, AVAILABLE, ERROR-FREE, OR SUITABLE FOR YOU. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; OR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM OR RELATING TO THE SITE, SITE CONTENT, THIRD-PARTY CONDUCT, OR YOUR TRAVEL OR ACTIVITIES BASED ON SITE CONTENT, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED THAT DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO UNDISCOVERED AMERICA FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED, WHICH MAY INCLUDE LIABILITY FOR FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR CERTAIN PERSONAL-INJURY OR CONSUMER-PROTECTION CLAIMS, DEPENDING ON APPLICABLE LAW. YOUR NONWAIVABLE RIGHTS REMAIN UNAFFECTED.
16. Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the Company Parties from and against third-party claims, actions, proceedings, liabilities, judgments, settlements, losses, damages, penalties, fines, costs, and reasonable attorneys’ fees arising out of or relating to: (a) your violation of these Terms or applicable law; (b) your misuse of the Site; (c) your User Content; (d) your infringement or violation of another person’s rights; or (e) your negligent or willful acts or omissions. This obligation does not require you to indemnify a Company Party for that party’s own fraud, intentional misconduct, gross negligence, or other conduct for which indemnification is prohibited by law.
We may control the defense and settlement of an indemnified matter with counsel of our choice, and you will reasonably cooperate. You may not settle a claim in a manner that admits wrongdoing by, imposes obligations on, or fails to fully release a Company Party without our prior written consent. This Section survives termination of these Terms.
17. Dispute Resolution; Binding Individual Arbitration; Class Waiver
PLEASE READ THIS SECTION CAREFULLY. Except for the exclusions below, you and Undiscovered America agree that any dispute, claim, or controversy arising out of or relating to the Site, a purchase, these Terms, or the relationship between you and the Company will be resolved by final and binding arbitration on an individual basis, rather than in court. The Federal Arbitration Act governs this Section.
Informal resolution first. Before filing arbitration, the claimant must send a written notice describing the dispute, supporting facts, requested relief, and contact information to the address in Section 22. The parties will attempt in good faith to resolve it for 30 days after receipt. Any limitations period will be tolled during that 30-day period.
Arbitration procedure. Arbitration will be administered by the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules then in effect, as modified by these Terms. The arbitration may occur by video, telephone, documents, or in person in the county where you live, unless the parties agree otherwise. The arbitrator may award the same individual remedies a court could award and must apply these Terms. The Company will pay arbitration fees to the extent required by applicable rules or law.
Exceptions. Either party may bring an individual claim in small-claims court if it qualifies. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual-property rights, confidential information, or against unauthorized access, without waiving arbitration of the merits.
No class proceedings. YOU AND UNDISCOVERED AMERICA AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. The arbitrator may not combine claims or preside over any class or representative proceeding unless both parties agree in writing. If this waiver is finally found unenforceable for a particular claim or remedy, that claim or remedy will be decided by a court after all arbitrable claims are completed.
Right to opt out. You may opt out of this arbitration agreement by sending a written notice to the postal or email address in Section 22 within 30 days after you first accept these Terms. Your notice must include your full name, mailing address, email address used with the Site, and an unambiguous statement that you opt out of arbitration. Opting out will not affect other provisions of these Terms.
18. Governing Law and Courts
Except to the extent federal law applies or applicable consumer law requires otherwise, these Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles. For any dispute not subject to arbitration, you and the Company consent to the exclusive jurisdiction and venue of the state and federal courts located in Utah County, Utah, and waive objections to personal jurisdiction or venue there.
19. Suspension, Termination, and Site Changes
We may modify, suspend, discontinue, or restrict any part of the Site, and may suspend or terminate your access, when reasonably necessary to protect the Site, users, the Company, or third parties; comply with law; address security or technical issues; or enforce these Terms. You may stop using the Site at any time. Provisions that by their nature should survive—including ownership, disclaimers, liability limits, indemnification, dispute resolution, and general terms—will survive.
20. Changes to These Terms
We may revise these Terms from time to time. We will post the updated Terms and change the “Last updated” date. If changes materially affect your rights, we will provide reasonable notice through the Site, by email, or by another appropriate method before they take effect. Changes apply prospectively. Your continued use after the effective date constitutes acceptance; if you disagree, stop using the Site. Material changes to the arbitration provision will not apply to a dispute of which we had actual notice before the change took effect.
21. General Terms
These Terms, the Privacy Policy, and any applicable offer-specific terms are the entire agreement concerning their subject matter. If offer-specific terms conflict with these Terms, the offer-specific terms control for that offer. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, reorganization, sale of assets, or by operation of law. If a provision is unenforceable, it will be enforced to the maximum lawful extent and severed as necessary, without affecting the remainder. Headings are for convenience only. “Including” means “including without limitation.” Neither party is liable for delay caused by events beyond reasonable control, except for payment obligations.
22. Contact Information
Undiscovered America LLC
Attn: Legal Notices
Email: [email protected]
Website: https://undiscoveredamerica.org