1. About these terms

Welcome to Earthborne. These Terms of Use ("Terms") govern your access to and use of the website weareearthborne.com and any related content, features, and services we make available (together, the "Website").

The Website is operated by Earthborne LLC ("Earthborne," "we," "us," or "our"), a company registered in [STATE OF REGISTRATION], United States of America, with operations based in Cape Town, South Africa.

By accessing or using the Website, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, please do not use the Website.

2. Definitions

• "Content" means all text, images, photographs, video, audio, graphics, logos, designs, and other material made available on the Website.

• "Expeditions and Experiences" means the guided journeys, trips, tours, events, workshops, and other experiences that Earthborne offers or facilitates.

• "You" and "your" mean the person accessing or using the Website.

3. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Website or to submit any personal information. By using the Website, you confirm that you meet this requirement.

4. Use of the Website

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for your own personal, non-commercial purposes, in accordance with these Terms.

You agree not to:

• Use the Website in any way that breaches any applicable law or regulation;

• Copy, reproduce, republish, distribute, sell, or exploit any Content except as expressly permitted;

• Use the Website to transmit any unlawful, harmful, defamatory, obscene, or otherwise objectionable material;

• Attempt to gain unauthorised access to, interfere with, damage, or disrupt the Website, its servers, or any connected systems;

• Introduce any viruses, malware, or other harmful code;

• Use any automated system (such as scraping, bots, or spiders) to access or collect data from the Website without our prior written permission; or

• Impersonate any person or misrepresent your affiliation with any person or entity.

We reserve the right to suspend or terminate your access to the Website at any time, without notice, if we reasonably believe you have breached these Terms.

5. Intellectual property

All Content on the Website, and the Website itself, is owned by or licensed to Earthborne and is protected by copyright, trademark, and other intellectual property laws. The name "Earthborne," our logos, wordmarks, and branding are trademarks of Earthborne LLC and may not be used without our prior written consent.

Except as expressly permitted in these Terms, you may not use, copy, adapt, reproduce, or create derivative works from any Content without our prior written permission. Nothing in these Terms transfers any ownership or intellectual property rights to you.

6. Content you submit to us

If you submit, post, or share any content with us — including messages, comments, survey or poll responses, testimonials, photographs, or other materials ("User Content") — you:

• Confirm that you own or have the necessary rights to that content;

• Confirm that it does not infringe the rights of any third party or breach any law; and

• Grant Earthborne a non-exclusive, worldwide, royalty-free, transferable licence to use, reproduce, adapt, publish, and display that content in connection with our business and storytelling, unless we agree otherwise in writing.

We may remove or decline to publish any User Content at our discretion.

7. Newsletter and communications

By subscribing to our newsletter or field dispatches, you consent to receive emails from us. You can unsubscribe at any time using the link in any email, or by contacting us. How we handle your information is described in our Privacy Policy.

8. Expeditions, experiences, events, and bookings

The Website provides information about our Expeditions and Experiences. This information is for general guidance only and does not constitute an offer or a binding contract.

Any booking of an Expedition or Experience is subject to a separate Booking Agreement and Participant Terms & Conditions (including a participation, assumption-of-risk, and release agreement), which will be provided to you before you confirm and pay for a trip.

Those separate terms — not these Website Terms — govern the booking, payment, cancellation, insurance, safety, and liability arrangements for any Expedition or Experience.

You acknowledge that adventure travel, expeditions, and outdoor activities carry inherent risks. Detailed terms relating to those risks, required travel and medical insurance, health and fitness requirements, cancellations, and force majeure are set out in the applicable Booking Agreement.

While we take care to keep information on the Website accurate and current, itineraries, pricing, availability, dates, and details may change without notice, and we do not warrant that all information is complete or error-free.

9. Third-party links and services

The Website may contain links to, or embedded content from, third-party websites, platforms, and services (for example, social media, payment providers, or partner sites). We provide these for convenience and do not control, endorse, or accept responsibility for their content, products, services, or privacy practices. Your use of any third-party website or service is at your own risk and subject to that third party's terms.

10. Disclaimers

The Website and all Content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Website will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Website or its servers are free of harmful components.

Nothing on the Website constitutes professional, legal, medical, financial, or travel advice. You are responsible for your own decisions and for obtaining appropriate professional advice where needed.

11. Limitation of liability

To the fullest extent permitted by applicable law, Earthborne, its owners, members, officers, employees, contractors, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of, or inability to use, the Website or any Content, whether based on contract, tort (including negligence), or any other legal theory.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to your use of the Website is limited to the greater of the amount you paid us (if any) to access the Website or one hundred US dollars (USD 100).

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, or for fraud. This limitation applies to the Website only; liability in connection with Expeditions and Experiences is governed by the applicable Booking Agreement.

12. Indemnification

You agree to indemnify and hold harmless Earthborne and its owners, members, officers, employees, contractors, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with your breach of these Terms, your misuse of the Website, or your violation of any law or the rights of any third party.

13. Privacy

Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. Please review it carefully.

14. Changes to the Website and these Terms

We may modify, suspend, or discontinue any part of the Website at any time without notice. We may also update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Website after any change constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

15. Governing law and disputes

These Terms, and any dispute or claim arising out of or in connection with them or your use of the Website, are governed by the laws of Michigan, USA without regard to conflict-of-law principles. You agree that the courts will have exclusive jurisdiction, except where applicable consumer-protection law grants you the right to bring proceedings in your country of residence.

Before starting any formal proceedings, you agree to first contact us at hello@weareearthborne.com so that we can try to resolve the matter informally.

16. General

• Force majeure — We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control.

• Severability — If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.

• No waiver — Our failure to enforce any provision is not a waiver of our right to do so later.

• Assignment — You may not assign your rights under these Terms without our consent. We may assign ours in connection with a merger, acquisition, or sale of assets.

• Entire agreement — These Terms, together with our Privacy Policy and any applicable Booking Agreement, constitute the entire agreement between you and Earthborne regarding the Website.

17. Contact us

If you have any questions about these Terms, please contact us:

Earthborne LLC Email: hello@weareearthborne.com