Glencliff Labs ← Back to site

Terms of Service

Last updated: June 7, 2026

These Terms of Service ("Terms" or “Agreement”) are a legal agreement between you ("User" or “you”) and Glencliff Labs, LLC ("Company," "we," "us," or "our") that defines the terms on which we supply content, products, or services to you through our mobile application (each an “App” and collectively the “Apps”), our website available at www.glenclifflabs.com (“Website”), and any related services we may provide to you. The Website, Apps, and any and all content, products, or services delivered through or in connection with them, as each may be updated from time-to-time at the sole discretion of Company, are collectively referred to herein as the “Service” or “Services.”. The Service is also subject to our Privacy Notice (available at www.glenclifflabs.com/privacy-notice) which is hereby incorporated into and forms part of these Terms, and by accessing or using the Service you agree to its terms. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service or any part thereof.

Your use of certain portions of the Service may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you on or in connection with such Services. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control solely to the extent of the conflict. The applicable Supplemental Terms are hereby incorporated into these Terms by reference (all applicable Supplemental Terms and these Terms, collectively, the “Terms”).

Please read these Terms carefully before accessing, using, or ordering any Services from the Website, the App, or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.).

AS DESCRIBED IN SECTION 7 BELOW, COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND DATA PROVIDED THROUGH THE SERVICES, AND SUCH INFORMATION AND DATA SHOULD NOT BE CONSTRUED OR USED AS A LEGAL DESCRIPTION. ACTIVITIES ASSOCIATED WITH THE SERVICES CAN AT TIMES INVOLVE RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER DANGERS ASSOCIATED WITH SUCH ACTIVITIES. YOU UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY CANNOT AND DOES NOT ASSUME RESPONSIBILITY FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER HARM RESULTING FROM YOUR USE OF THE SERVICES. COMPANY IS NOT RESPONSIBLE FOR THE MISUSE OR MISREPRESENTATION OF THE INFORMATION AND/OR DATA PROVIDED THROUGH THE SERVICES. ANY RELIANCE YOU PLACE ON INFORMATION AND/OR DATA MADE AVAILABLE THROUGH THE SERVICE IS STRICTLY AT YOUR OWN RISK.

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER IN SECTION 12 (AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER), WHICH REQUIRES, AMONG OTHER THINGS, THAT DISPUTES RELATING TO THIS AGREEMENT, YOUR ACCOUNT OR THE COMPANY SERVICES MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY.

1. Changes to Terms

Company reserves the right, in its sole discretion, to change or update these Terms or any other of our policies or practices at any time. If we make material changes to these Terms, we will notify users by posting such changed or updated Terms on this page, and indicate the date these terms were last revised. We may also provide notice of such changes through the Services’ user interface, in an email notification or through other reasonable means. Any changes or updates will be effective immediately for new Users of the Services, and will be effective for existing Users on the sooner of (i) thirty (30) days after posting, or (ii) upon acceptance of such updated Terms by the User. Your continued use of the Services after any changes are made constitutes your agreement to abide by the updated Terms.

2. License

Subject to your ongoing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use only. Company may revoke this license at any time for any reason, in its sole discretion.

3. Ownership & Intellectual Property

3.1 Ownership

All right, title and ownership in the Services, including without limitation the Apps and the Website, remain with Company (or its affiliates or licensors, where applicable). All data, features, design, scoring logic, route information, software, text, files, photographs, trail maps, widgets, and other content in the Service (“Materials”), whether downloaded or not, are owned by the Company (or its affiliates or licensors, where applicable). The rights to download and use the Services or Materials are licensed to you and are not being sold to you, and you have no ownership rights or any other rights in them other than to use them in accordance with these Terms. All rights not expressly granted are reserved.

3.2 Commercial Use Prohibited

You must not use any part of the Materials for commercial purposes without obtaining a written license from us to do so. Materials from the Services may not be copied or distributed, or republished or transmitted in any way, without our prior written consent. Any unauthorized use of the Service or Materials, or any violation of these Terms, immediately and automatically terminates your right to use the Services and may subject you to legal liability.

3.3 Feedback

We welcome feedback to help us design and offer better Services. If you provide Company with any feedback or suggestions regarding the Services or Materials (“Feedback”), you acknowledge that Company will have the full, unencumbered right to use, incorporate and otherwise fully exercise, exploit, and use such Feedback in any manner, including for commercial use and to design and improve our Services and Materials. Feedback you provide is not confidential or proprietary to you.

3.4 Prohibited Use; Compliance With Laws

You agree that you will not and you will not assist or permit any third party to: (a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Services in any way, or create derivative works of the Services; (b) use the Services or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever; (c) rent, lease, loan, make available to the public, sell or distribute the Services in whole or in part; (d) tamper with the Services or circumvent any technology used by Company or its licensors to protect any content accessible through the Services; (e) circumvent any territorial restrictions applied to the Services; (f) use the Services for illegal purposes or purposes otherwise deemed objectionable in our sole discretion (including, without limitation, unlawful, harassing, libelous, invasion of privacy, abusive, threatening or obscene purposes), or (g) use the Services for any commercial purpose without the express written consent of Company. Except as expressly set forth in these Terms, you may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or Materials in the Services. You agree that you will comply with all laws, rules and regulations related to your use of the Services. The Services are intended for use by users in the United States only.

4. User Responsibilities

4.1 User Information

To use the Services, you must first create an account (“Account”) by providing the information requested by the Services, such as an email address, username, or password (“Credentials”) and any other information about you (“User Information”). You are solely responsible for maintaining the confidentiality of your Credentials and for restricting access to your Device (as defined below) to further help protect such information. Company will not be liable for any loss or damage arising from your failure to comply with this Section. By using the Services or creating an Account, you warrant that (i) you are legally capable of entering into binding contracts; (ii) all registration and Account information, including User Information, is truthful and accurate; (iii) you will maintain the accuracy of all Account and User Information; and (iv) your use of the Services does not violate any applicable law or regulation.

4.2 Use of Services by Minors Prohibited

You must be 18 years of age or older to use this Service.

4.3 Trespass

You agree that in connection with your use of the Services, you will not trespass on, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be (“Private Property”). You acknowledge that Company does not have and affirmatively disclaims any obligation or ability to provide you with complete and accurate information regarding the whereabouts of Private Property you may encounter when using or in connection with your use of the Services. Regardless of whether Company designates any content with a warning regarding its proximity to Private Property, you are solely responsible for obtaining all required permissions to approach or enter Private Property in connection with your use of the Services.

4.4 Device Requirements

The Services include certain Apps and features that are available via a mobile device (“Device”), including (i) the ability to browse the Website from a Device and (ii) the ability to access certain features through an App downloaded and installed on a Device (collectively, the “Mobile Services”). To the extent you access the Services through a Device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Company does not guarantee that the Service will function properly, or at all, on any Device at all or any times.

4.5 Other User Responsibilities

By using the Service, you agree to:

You further acknowledge that Company has no duty to monitor user activity, initiate rescue, or contact authorities regardless of any location or activity data it may receive.

5. Third-Party Sites and Services

5.1 Third Party Websites and Services

We may provide links to other websites or services, or may incorporate information from third parties into our Service. You acknowledge that any interaction with such links is taken at your sole discretion and such links are provided for your convenience only. We do not review or endorse any of those websites or services or any of the content from such websites or services that are incorporated into Company’s Services. We are not responsible in any way for the availability of, the accuracy of, the privacy practices of, the content, advertising, products, goods or other materials or resources on or available from, or the use that others make of these other websites or services. We are not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services, or any information from such websites or services.

5.2 AI Features

We may use third-party artificial intelligence (“AI”) or machine learning in our Services to enhance your use of the services (“AI Features”). AI technologies have known and unknown risks and limitations and may make mistakes. Notwithstanding Section 7 (Disclaimer of Warranties), Section 8 (Services Use Disclaimer), Section 9 (Indemnification) and Section 10 (Limitation of Liability), of these Terms, by using AI Features, you understand and agree that you use AI Features at your own risk. You agree to verify any AI-generated recommendations within the Services for accuracy.

6. Availability and Modification of Services; Trial Services

6.1 Services Are Not Fault Free

Although we aim to offer you the best service possible, we make no promise that the Service will meet your requirements and we cannot guarantee that the Service will be fault free. If a fault, error, or bug occurs in the Service, please report it to us promptly. If the need arises, we may suspend access to the Service while we address the fault.

6.2 Services May Be Unavailable

We will not be liable to you if the Services are unavailable for any period of time. Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can. You acknowledge and agree that we may update, modify, or discontinue, temporarily or permanently, any features or functionality within the Services, with or without notice.

6.3 Trial Services

From time to time, Company may make available Services or features of Services to you on a trial basis free of charge (the “Trial Services”). Company offers the Trial Services to you until the earliest of (i) the end of the free trial period communicated to you; (ii) commencement of a Subscription Term for Company Services that previously were Trial Services; or (iii) termination of the trial period or your access to the Trial Services, in Company’s sole discretion. Any data you enter into or make available for use by the Trial Services, and any customizations made to the Trial Services by or for you, will be permanently lost unless you purchase a subscription to the same Services as those covered by the Trial Services or, to the extent available, exports such data from the Trial Services before the end of the trial period. NOTWITHSTANDING ANYTHING HEREIN OR IN ANY SUPPLEMENTAL TERMS TO THE CONTRARY, TRIAL SERVICES ARE PROVIDED ON AN “AS-IS” AND “WHERE-IS” BASIS WITHOUT ANY WARRANTY AND COMPANY SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE TRIAL SERVICES UNTIL THE TRIAL SERVICES BECOME PAID COMPANY SERVICES AND THE APPLICABLE SUBSCRIPTION TERM FOR SUCH COMPANY SERVICES COMMENCES, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE COMPANY’S LIABILITY WITH RESPECT TO THE TRIAL SERVICES SHALL NOT EXCEED ONE THOUSAND U.S. DOLLARS ($1,000.00).

7. Disclaimers of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES.

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, SUITABILITY, OR CURRENCY OF ANY INFORMATION, DATA, OR MATERIALS PROVIDED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY TRAIL ROUTES, TRAIL CONDITIONS, SCORES, OUTPUTS, AVALANCHE FORECASTS, AVALANCHE OR SNOW CONDITIONS, AND WEATHER CONDITIONS. COMPANY DOES NOT GENERATE AVALANCHE FORECASTS; FORECAST DATA IS PROVIDED BY THIRD-PARTY AGENCIES AND MAY BE DELAYED, INCOMPLETE, OR OUTDATED. FORECAST COVERAGE IS LIMITED TO SPECIFIC FORECAST ZONES AND HOURS. USERS SHOULD ALWAYS CONSULT THE SOURCE AGENCY'S OFFICIAL FORECAST DIRECTLY BEFORE TRAVEL.

ACTIVITIES ASSOCIATED WITH THE SERVICES CAN AT TIMES INVOLVE RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER DANGERS ASSOCIATED WITH SUCH ACTIVITIES. YOU UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES. COMPANY IS NOT RESPONSIBLE FOR THE USE, MISUSE OR MISREPRESENTATION OF THE INFORMATION AND/OR DATA PROVIDED THROUGH THE SERVICES. ANY RELIANCE YOU PLACE ON SUCH INFORMATION OR DATA IS THEREFORE STRICTLY AT YOUR OWN RISK.

WHEN YOU USE THE SERVICES, YOU MAY FIND THAT ACTUAL REAL-WORLD CONDITIONS DIFFER FROM THE INFORMATION AND DATA PROVIDED THROUGH THE SERVICES. AVALANCHE FORECASTS AND OUTDOOR CONDITIONS MAY CHANGE RAPIDLY, AND NO PART OF THE SERVICES GUARANTEES YOUR SAFETY. THE MAPS, ROUTES, FORECASTS, OR CONDITIONS PRESENTED IN THE SERVICE MAY NOT ACCURATELY REFLECT REAL CONDITIONS OR MEET THE NEEDS OF ANY OR ALL USERS AND COMPANY. DO NOT USE THE SERVICE FOR ANY PURPOSE REQUIRING PRECISE NAVIGATION, DIRECTION, DISTANCE, OR LOCATION INFORMATION. THE SERVICES ARE NOT A SUBSTITUTE OF INDEPENDENT NAVIGATION TOOLS, MAP AND COMPASS SKILLS, AND REAL-WORLD JUDGMENT. EXERCISE YOUR INDEPENDENT JUDGMENT AND USE THE SERVICES AT YOUR OWN RISK. YOU ARE RESPONSIBLE AT ALL TIMES FOR YOUR CONDUCT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, OR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE PROVISION OF THE SERVICES. SUBJECT TO YOUR STATUTORY RIGHTS, WE DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES TO THE BROADEST EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE TIMELINESS, ACCURACY, QUALITY, COMPLETENESS OR EXISTENCE OF THE CONTENT AND INFORMATION POSTED ON THE SERVICES, THE TECHNICAL ACCESSIBILITY OF THE SERVICES, OR THAT YOUR USE OF CONTENT AND INFORMATION POSTED ON THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, THIRD PARTY PLATFORMS, OR OTHER USERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. CERTAIN INFORMATION, INCLUDING MAPS AND INFORMATION REGARDING CONDITIONS, HAS BEEN PROVIDED BY THIRD PARTIES, AND COMPANY IS NOT LIABLE FOR ANY INACCURACIES IN SUCH INFORMATION. YOU ACKNOWLEDGE THAT COMPANY HAS NO OBLIGATION TO VET THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OF ANY THIRD PARTY PROVIDED TO YOU AS PART OF THE SERVICES.

8. Services Use Disclaimer; Assumption of Risk and Release of Liability

The information contained in the Services is for general informational purposes only. While we attempt to keep such information up-to-date and accurate, we make no representations of any kind, express or implied, about the completeness, accuracy, reliability, suitability, accessibility (including rights of entry and/or use), security or availability with respect to the Services or the information or Materials contained on the Services. In some cases, the Services are designed to provide information that you may (at your sole discretion) use in evaluating or attempting to reduce, but not eliminate, certain risks. However, you hereby acknowledge and agree that the Services are not sufficient to warrant or guarantee that no loss, no damage, or no physical harm will occur.

The Services are not professional advice and are not a substitute for avalanche or backcountry or outdoor education, professional advice, or on-the-ground decision-making. You must always check the official avalanche forecast for your area; travel only with proper training, equipment, and partners; and make your own independent decisions in the field. You should never rely solely on the Services when making decisions about backcountry travel or outdoor recreation. Before engaging in backcountry or outdoor recreation, you should consult with qualified avalanche professionals and, if appropriate, your physician. You further agree that the Services are not an emergency service or navigation service. You are required to carry appropriate safety equipment and have completed appropriate education.

YOU UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY CANNOT AND DOES NOT ASSUME RESPONSIBILITY FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE. BY USING THE SERVICE AND ACCEPTING THESE TERMS, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH USE OF THE SERVICE AND BACKCOUNTRY TRAVEL AND OUTDOOR RECREATION, INCLUDING BUT NOT LIMITED TO:

YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS THE COMPANY, ITS OWNERS, EMPLOYEES, AND CONTRACTORS FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION ARISING FROM YOUR USE OF THE SERVICE OR YOUR PARTICIPATION IN BACKCOUNTRY ACTIVITIES OR OUTDOOR RECREATION, INCLUDING THE RISKS DISCUSSED ABOVE AND INCLUDING WITHOUT LIMITATION ANY CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF COMPANY OR ANY COMPANY PARTIES (AS DEFINED BELOW), WHETHER PASSIVE OR ACTIVE. ANY RELIANCE YOU PLACE ON, AND YOUR USE OF, THE SERVICE AND MATERIALS IS STRICTLY AT YOUR DISCRETION AND AT YOUR OWN RISK. NOTHING IN THESE TERMS LIMITS OR EXCLUDES COMPANY'S LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.

9. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Company and its directors, officers, members, investors, managers, employees and agents (the “Company Parties”) from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Services, your placement or transmission of any message, content, information, software, or other submissions through the Services, or your breach or violation of the law or of these Terms. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate fully with Company’s defense of such claim.

10. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) WILL COMPANY PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES, INCLUDING COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER LOSS INCURRED BY YOU OR ANY OTHER THIRD PARTY IN CONNECTION WITH YOUR USE OF THE SERVICES, YOUR ORDERS, OR OTHERWISE, IN EACH CASE WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES FOR ANY AMOUNT THAT EXCEEDS THE GREATER OF (i) THE AMOUNT PAID BY YOU TO COMPANY IN THE PREVIOUS TWELVE (12) MONTHS FOR ANY COMPANY SERVICES OR SUBSCRIPTIONS THAT GIVE RISE TO THE CLAIM OR (ii) FIFTY DOLLARS ($50.00).

THE LAWS IN SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, AND SO THE LIABILITY EXCLUSIONS AND LIMITATIONS SET OUT THEREIN MIGHT NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS OR EXCLUDES COMPANY'S LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

THE LIMITATIONS SET FORTH HEREIN WILL SURVIVE TERMINATION OR EXPIRATION OF THESE TERMS AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

11. General Terms

11.1 Termination

We may suspend or terminate your access to the Service at any time for any reason, with or without notice, including without limitation if you violate these Terms or misuse the Service. You may also delete your account at any time from within the app. Upon termination or deletion, all licenses and rights granted to you will immediately and automatically end. See our Privacy Notice (www.glenclifflabs.com/privacy-notice) for details on data retention after account deletion.

11.2 No Waiver

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

11.3 Force Majeure

Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

11.4 Interpretation

In these Terms, unless the context requires otherwise: (a) any phrase introduced by the words “including,” “include,” “in particular,” “for example,” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (b) references to the singular include the plural and vice versa.

11.5 Electronic Communications

The communications between you and Company use electronic means, whether you use the Services or send us emails, or whether Company posts notices on the Services or communicates with you via email. For contractual purposes, you: (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.

11.6 Notices

Unless otherwise specifically indicated, all notices given by you to us must be given to Company at notices@glenclifflabs.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in these Terms. Notice to you will be deemed received and properly served immediately when posted on the Service or when an e-mail or other electronic communication is sent to the e-mail address you have given to us. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

11.7 Entire Agreement

These Terms constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms are between you and us; no other person shall have any rights or obligations pursuant to these Terms. Neither of you or Company is an agent, employee, or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms in its sole discretion. The terms and conditions set forth in these Terms shall be binding upon assignees.

11.8 Construction

Company has prepared this Agreement and provided it to you for your review. You have either retained counsel or had the opportunity to do so to review these Terms. With respect to any dispute concerning the meaning of these Terms, these Terms will be interpreted as a whole with reference to its relevant provisions and in accordance with its fair meaning, and no part of these Terms will be construed against Company on the basis that Company drafted it. This Agreement will be viewed as if prepared jointly by Company and you.

11.9 Headings

Captions and organization are for convenience and may not be used in construing meaning.

11.10 Survival

Except as expressly provided otherwise in this Agreement, all provisions that by their nature extend beyond the expiration or termination of this Agreement shall survive such expiration or termination, including, without limitation, provisions related to confidentiality, intellectual property ownership, payment obligations, indemnification, limitations of liability, dispute resolution, and compliance with laws.

12. Agreement to Arbitrate and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS IN THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH COMPANY, LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY, AND CONTAIN A CLASS ACTION WAIVER.

12.1 Applicability of Arbitration Agreement

You and Company agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Services, the Apps or the Website, or the Terms and prior versions of the Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Company may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that were not noticed at the time you first became subject to these Terms but that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as disputes that may arise after the termination of these Terms.

12.2 Informal Dispute Resolution

There might be instances when a dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a prompt, low‐cost and mutually beneficial resolution. You and Company agree to participate in good faith informal efforts to resolve disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Company agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate. To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Company should be sent by email to notices@glenclifflabs.com. The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the dispute, including the specific relief sought. Company will send any Notice, including a description of the dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date. The Notice must be signed by the party initiating the dispute (i.e., either you personally or a Company representative). The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The Informal Dispute Resolution Conference, if requested by either party, shall be individualized such that a separate conference must be held each time either party initiates a dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

12.3 Waiver of Jury Trial

YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

12.4 Waiver of Class and Other Non-Individualized Relief

EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection below entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts indicated by subsection 12.14 below. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Disputes between the parties that remain in arbitration are finally resolved. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Company from participating in a class-wide or mass settlement of claims.

12.5 Rules and Forum

The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, or after completion of the Informal Dispute Resolution Conference, if requested, you and Company agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the National Arbitration & Mediation ("NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to Company should be sent by email to notices@glenclifflabs.com. Company will provide the Demand to your email or regular address on file. It is your responsibility to keep your contact information up to date. If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”). Unless you and Company otherwise agree, or the Batch Arbitration process discussed in subsection 12.9 is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”). You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. You and Company agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

12.6 Arbitrator

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Utah and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under subsection 12.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.

12.7 Authority of Arbitrator

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

12.8 Attorneys’ Fees and Costs

Unless fee shifting is specifically authorized by law or by the NAM Rules, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.

12.9 Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and Company agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Company by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time (e.g., a ninety (90) day period), NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible. All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Company. You and Company agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

12.10 Invalidity, Expiration

Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement (other than subsection 12.9) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if subsection 12.9 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts indicated by subsection 12.14 below. You further agree that any Dispute that you have with Company as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

12.11 Modification

You and we agree that Company retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted at www.glenclifflabs.com and you should check for updates regularly. Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, it will notify you as described in these Terms. Your continued use of the Services, Apps or Website constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms with an arbitration agreement and you did not validly opt out of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. Company will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

12.12 30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to arbitration@glenclifflabs.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or Company' rights. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.

12.13 Arbitration Agreement Survival

This Arbitration Agreement will survive the termination of your relationship with Company.

12.14 Exclusive venue

To the extent the parties are permitted under these Terms to initiate litigation in a court, to the fullest extent permitted by applicable law, both you and Company agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court, District of Utah. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the State of Utah, Utah District Court, Salt Lake County. You and Company consent to the personal jurisdiction of both courts.

12.15 Governing Law

To the fullest extent permitted by applicable law, except to the extent they are preempted by U.S. federal law, the laws of Delaware, other than its conflict-of-laws principles, and U.S. federal law (including the Federal Arbitration Act), govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

13. Distribution Through Apple App Store

With respect to any apps that are made available via the Apple App Store in connection with an Apple-branded product (“Apple-enabled Software”), the following terms apply:

  1. Company and User acknowledge that the Agreement is between Company and User only, and not with Apple, and that Company, not Apple, is solely responsible for the Services and the content of any Apple-enabled Software.
  2. Any license granted in this Agreement is limited to a non-transferable license to use the Apple-enabled Software on any Apple-branded products that the User owns or controls and as permitted by Apple’s applicable usage rules for the Apple-branded product.
  3. To the extent Company offers maintenance and support services, Company (not Apple) is solely responsible for such services with respect to the Apple-enabled Software. Company and User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-enabled Software.
  4. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Company’s sole responsibility, to the extent it cannot be disclaimed under applicable law. Nothing in this paragraph shall be construed to create any warranty, express or implied.
  5. Company and User acknowledge that Company, not Apple, is responsible for addressing any claims of the User or any third party relating to the Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Company’s Apple-Enabled Software’s use of the HealthKit and HomeKit frameworks.
  6. Company and the User acknowledge that, in the event of any third party claim that the Apple-Enabled Software or the User’s possession and use of the Apple-Enabled Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. User represents and warrants that (i) User is not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.
  8. User acknowledges that it must comply with any applicable third party terms of agreement when using Company's Apple-Enabled Software.
  9. Company and User acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and that, upon the User’s acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the User as a third party beneficiary thereof.

14. Contact Information

If you have questions or concerns about these Terms, please contact us at: notices@glenclifflabs.com.