Welcome to Making Tracks! We look forward to being able to work with you at this time. This website at www.makingtracks.us (“Site”) is owned and operated by Making Tracks Earth Education, LLC (“Making Tracks”, “us”, “we”, or “our”). To help ensure good communication and an understanding of our services, we have provided you as a user of this Site (“you” or “your”) with the terms and conditions that govern our services and Site operations (“Terms”). If you continue to use our Site, or you request any services from us, you consent to these Terms and agree that these Terms apply to govern our
At Making Tracks, we strive to provide quality opportunities to learn and better connect with the earth. We strive to continue to learn, progress, and improve, and we hope that our services continue to increase in quality as we gain experience over time. Our Site exists to help connect you to instructors who have experience, knowledge, and ability to help teach courses in your area, as well as to provide information to you that may be of interest or use to you. Our services include providing the Site, listing course options and instructor information, providing other relevant information, and facilitating
payment. Courses are taught by instructors who are not employees of Making Tracks. Each instructor is independent and operates their own business independent of Making Tracks. Making Tracks helps to review credentials and strives to only list quality instructors on the Site, but Making Tracks cannot guaranty the services or actual quality of each instructor. Accordingly, you agree to independently review the instructor(s) for any course(s) you wish to purchase, and only obtain courses, services, or instructions from instructors that you have independently verified. While we do provide only accept
instructors on our Site that meet certain qualifications and background checks, you agree that you are not relying on us to guarantee each instructor as meeting all of your needs, and that you can leave reviews as necessary to help continue to refine the instructors and courses listed on the Site.
Making Tracks will provide refunds based on the following schedule:
You acknowledge that there are risks associated with some events and courses listed on Making Tracks’ Site. Such risks include, without limitation, being in the outdoors, being around nature, wildlife, and plants, hiking, being at high altitudes, associating with others who may have Covid-19, being in climates that can change quickly and without much warning, and using knives, fire, and other outdoor tools or equipment. You acknowledge and agree that you are assuming all responsibility for yourself and that you are not relying on Making Tracks or any instructors to protect you from the associated risks. You agree to indemnify and hold Making Tracks harmless for any risks, liabilities, damage, or other claims that arise as a result of your use of the Site or your participation in any events. Making Tracks collects some basic health and medical information to assist instructors in identifying issues that might exist in the environments in which a course or event will be held. However, this service is purely a convenience only and is not warranted or guarantied to help avoid all possible health and medical issues. You agree to be fully responsible for your own health and medical conditions and situations and to research for yourself the appropriateness of participating in any course or event. You agree to consult with your doctor and rely on your doctor’s advice regarding the environment in which you will be a part, as well as regarding the appropriateness of your physical condition to participate in the course or event and the associated activities (such as hiking). You agree to fully release and hold Making Tracks and its instructors, contractors, employees, and other agents harmless from any and all liability associated with any health or medical condition you experience, including if Making Tracks could have been aware of such issues as a result of disclosures you made, whether in writing or orally.
Making Tracks provides notice that the Site may contain links to other third party websites or apps. Making Tracks does not warrant or guaranty the services or products provided in the links. Further, Making Tracks may receive affiliate compensation if you purchase the products or services listed or if you purchase other products or services after following the link. You agree that Making Tracks provides these links as a convenience only and that you release and hold Making Tracks harmless from any and all damages or claims associated with your use of the linked sites, purchase of products or services, or other interactions with the associated companies.
However, if you have had a problem with a linked site or a product or service from the site, please take the time to inform Making Tracks of your experience so that Making Tracks can review the links from time-to-time to decide if some companies or products should not be offered as a link on the Site.
THIS SITE IS PROVIDED BY MAKING TRACKS ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAKING TRACKS MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU AGREE THAT ALL SERVICES ARE PROVIDED AS-IS, AND THAT YOU ARE NOT RELYING ON ANY GUARANTIES OR WARRANTIES ASSOCIATED WITH OUR SERVICES. MAKING TRACKS DOES NOT GUARANTY OR WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND MAKING TRACKS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MAKING TRACKS, ASSUME THE ENTIRE COST OF ALL DAMAGES (DIRECT, CONSEQUENTIAL, OR OTHERWISE) IN THE EVENT OF ANY LOSS ARISING FROM THE USE OF THIS SITE, THE SERVICES, OR CONTENT.
Making Tracks’ website contains pricing and other relevant information for its services. You agree that you will not rely on any oral statements or promises, including from instructors, regarding pricing, offerings, or other services, and that the written documentation, including these Terms, form the full and complete extent of Making Tracks’ obligations to you. The written documentation expressly supersedes any oral or side agreements or expectations that are not set forth in these Terms or other documents signed between the applicable parties.
All material included on Making Tracks’ website or other software services, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of Making Tracks, is proprietary information, and is protected by United States and international copyright laws. Modification or use of the Content except as expressly provided in these Terms violates Making Tracks’ intellectual property rights. Except as expressly noted below, nothing on the Site grants a license in or to any Making Tracks trademarks, copyrights, proprietary information, or other intellectual property rights, whether by implication, estoppel or otherwise.
The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Making Tracks, except that:
Users of the Site must not:
The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if Making Tracks becomes aware that you are copying, modifying or distributing the Content from the Site other than for the permitted uses of the Site, Making Tracks reserves the right to revoke your right to these permitted uses. Making Tracks further reserves the right to update these Terms and revoke any of the permitted uses listed above.
Further, Making Tracks may remove any content or information from the Site, without notice to you (even if you provided or uploaded the information), if Making Tracks receives notice of a copyright or other intellectual property violation or if Making Tracks determines it necessary to do so, in its sole discretion. You agree that you have no ongoing right to have any content or information remain on the Site.
Neither Making Tracks, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall Making Tracks be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Making Tracks has been previously advised of the possibility of such damages, whether in an
action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site or from Making Tracks. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of these Terms and the parties acknowledge that Making Tracks would not grant access to the Site or provide any services without your agreement to these Terms, including without limitation this specific term.
If a court determines that the above limitation of liability does not apply for any reason, you agree that the maximum extent of Making Tracks’ liability for any of its services, including without limitation for those agreed to in contract or otherwise, is the amount you actually paid Making Tracks for the services. If you did not pay Making Tracks for any services but assert that Making Tracks is liable for any reason, you agree that the maximum amount of liability for Making Tracks is $100.
Per the Digital Millennium Copyright Act Section 512(c)(2), if you believe that any material on the Site infringes your copyright, you must send a notice of claimed infringement to Making Tracks’ Copyright Agent at the following address:
c/o Copyright Agent
2735 East Louise Avenue
Salt Lake City, UT 84109
Phone: (650) 394-5532
Written Notice: To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication provided to Making Tracks and that it include each of the following elements:
Counter-Notice: If you believe that your submitted content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submission, you may send a counter-notice containing the following information to Making Tracks’ Copyright Agent:
A physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal court in Salt Lake County, Utah, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Making Tracks’ Copyright Agent, Making Tracks may provide the person who submitted the original DMCA Notice against the organization or individual accused of infringing on the copyrighted works a copy of the counter-notice informing that person that he or she may replace the removed content or that Making Tracks will cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Making Tracks’ sole discretion.
You agree that your use of this Site, these Terms, the services and any disputes relating thereto shall be governed in all respects by the laws of Utah, without reference to conflict of laws principles. You agree to submit to personal jurisdiction in Utah for any disputes related to this Site, these Terms, or Making Tracks’s services. Any dispute relating to this Site, these Terms, or Making Tracks’s services shall be first submitted to mediation in Utah, and if mediation is unsuccessful or a party refuses to attend mediation within 30 days of receiving a written demand for mediation, then such dispute
shall be resolved solely in the state or federal courts located in Salt Lake City, Utah.
You waive any defenses to such forum or venue. Further, in the event that a breach of these Terms or other issues would threaten irreparable harm to a party, the party may file a case directly in court for relief without first being required to mediate such issue(s).
Making Tracks may from time-to-time update these Terms. Your continued use of any services or the Site will constitute your acceptance of the updated Terms. You waive any requirements that you be provided with notice of updates to the Terms.
If you have questions or comments about these Terms and Conditions, please contact us at:
Making Tracks Earth Education, LLC
2735 East Louise Avenue
Salt Lake City, UT 84109
Last updated August 24, 2021.
Erik has such passion for giving back to others to create more possibilities for youth to grow up Nature-Connected. I highly recommend getting involved with his programs and giving yourself and your children a healthy foundation in a balanced relationship with the Earth.
- Rick Berry, 4 Elements Earth Education
Erik’s dedication to and passion for teaching are so strong. His programs are a benefit to all who attend. The quality of his work and commitment to people and their connection to the earth and skills is such a high priority.
- Karen Sherwood, Earthwalk Northwest
My girls and I started doing weekly classes with Erik two years ago, and it has been a favorite time together that we look forward to each week. Whether it is cold and rainy or sunny and warm, my girls can’t wait to go every week, and we benefit from getting out in nature and fresh air. We have gained a better understanding and respect for nature which couldn’t be more needed in today's world. We are so grateful for Making Tracks!
- Jamie Walsh, Client
Making Tracks Earth Education is just what I was looking for to help me and my children learn deeply how to love and connect with nature through games and hands-on experiences. Erik teaches in such a unique and profound way that my family has gained more connection to each other, to ourselves, and to nature through taking his classes. He really makes students think and own their own learning process. We absolutely love this style of learning and everything about Making Tracks.
- Rachel von Niederhausern, Client