1. Who we are and what this site is
Nighthikers is operated by Thumb Wizards Software, a Michigan limited liability company (the “Operator,” “we,” or “us”). The site provides general information and community content about outdoor activities. It is not a guide service, trip organizer, land manager, emergency service, or provider of professional medical or safety advice.
2. Voluntary participation and eligibility
You choose whether and how to use the site and participate in any activity. Community accounts and submissions are for adults 18 and older. Account creation requires affirmative acceptance of these terms and acknowledgement of the Privacy Policy. If you disagree, do not create an account or submit content.
3. Lawful access and your responsibilities
You must independently confirm current laws, park hours, permits, closures, weather, parking restrictions, landowner permission, and other rules for each destination. A listing, photograph, historical story, or member recommendation does not authorize entry. Do not trespass, evade closures, disturb wildlife, remove artifacts, damage property, or encourage others to do so.
4. Outdoor risks and assumption of risk
Night hiking and related activities can involve serious injury, disability, death, property loss, getting lost, falls, difficult terrain, water hazards, wildlife, exposure, severe weather, equipment failure, crime, and delayed or unavailable rescue. Darkness can increase those risks. Conditions and personal abilities differ, and no checklist or equipment eliminates risk.
To the fullest extent permitted by applicable law, you knowingly accept the inherent and reasonably foreseeable risks of activities you voluntarily undertake. You are responsible for your decisions, preparation, fitness, companions, equipment, navigation, and emergency arrangements. Do not rely on Nighthikers to monitor your location or wellbeing.
5. Release, warranty disclaimer, and limits on liability
To the fullest extent permitted by applicable law, you release the Operator and its members, personnel, and agents from claims arising from your voluntary outdoor activities and reliance on site information, including claims based on ordinary negligence. This release does not apply to gross negligence, reckless or intentional misconduct, fraud, or any duty, claim, or liability that cannot lawfully be released.
The site and its content are provided “as is” and “as available,” without warranties of accuracy, completeness, availability, merchantability, fitness for a particular purpose, or noninfringement, to the extent those warranties may be disclaimed. Information can be incomplete or outdated.
To the fullest extent permitted by law, the Operator is not liable for indirect, incidental, consequential, special, exemplary, or punitive losses arising from use of the site. For claims that may lawfully be limited, the Operator’s aggregate liability will not exceed the greater of $100 or the amount you paid directly to the Operator for site services in the 12 months before the event giving rise to the claim. These exclusions and limits do not apply to gross negligence, reckless or intentional misconduct, fraud, or liability that applicable law does not allow us to exclude or limit. Mandatory consumer rights remain intact.
6. Accounts and community content
Keep access to your email secure and do not impersonate others. Use a display name rather than sharing personal contact details publicly. You are responsible for the content you submit and must have the rights and permissions to share it. Do not submit harassment, unlawful content, spam, private information, or instructions encouraging unauthorized access.
You retain ownership of your submissions. You give the Operator a nonexclusive, royalty-free license to store, review, format, and display the content for operating and promoting that content within Nighthikers. We may refuse, remove, or restrict content and accounts for violations, legal obligations, or operational reasons. Submitted stories are held for review; submission does not guarantee publication.
7. Other members, destinations, and third parties
We do not verify every member, story, route, product, or external service. An introduction does not constitute a background check or endorsement. Third-party sellers, websites, and services have their own terms. No purchase or user-arranged activity is organized or guaranteed by the Operator merely because it appears here.
8. Advertising and commercial relationships
Paid placements will be identified as advertising or sponsorship. Affiliate relationships will be disclosed near affected links. Current unfilled partner spaces are not endorsements. Product availability, price, suitability, and seller policies must be checked with the seller.
9. Responsibility for your conduct
To the extent permitted by law, you agree to indemnify the Operator for reasonable third-party claims and expenses caused by your unlawful conduct, infringement, or material violation of these terms. This does not require you to indemnify the Operator for its own gross negligence, reckless or intentional misconduct, or any liability that cannot lawfully be shifted.
10. Privacy, changes, and service availability
Our Privacy Policy explains the data used by the site. Features may change or become unavailable. Material changes to accepted terms will be communicated before they take effect when legally required; renewed consent will be requested where appropriate. The terms version accepted with an account is recorded.
11. Governing law and severability
Michigan law governs these terms to the extent permitted by applicable law, without displacing mandatory rights in your home jurisdiction. Disputes may be brought in a court with lawful jurisdiction. If a provision is unenforceable, the remaining provisions continue to apply to the extent legally permitted.
12. Questions and notices
For support, privacy requests, or legal notices, email contact@nighthikers.org.