Last Revised: March 2, 2023
Safety. Each person participating in activities where the use of our Services may be beneficial understands the HAZARD AND RISK OF PHYSICAL INJURY AND/OR DEATH. You assume the danger and risk of said activity including but not limited to, property damage, physical injury, and/or death. Aspect Avy encourages proper education and training before venturing into dangerous terrain such as avalanche terrain. You represent that you are in good health and that there are no special problems associated with your physical or mental condition. You also represent that you have, at a minimum, received a level one avalanche training by an accredited educator.
Additionally, you expressly acknowledge and assume all additional risks and dangers that may result in property damage, physical injury and/or death that may be above and beyond the inherent dangers and risks of the activity, including, but not limited to: falling or loss of balance; icy, slick or uneven surfaces; avalanches, cornices and crevasses; collisions with natural or man-made objects, other people, snowmobiles and/or other motor or over-snow vehicles; bumps; moguls; tree wells and stumps; downed timber and other forest growth; rocks, drainage channels, streams, creeks, holes, debris, and other rugged mountainous terrain; marked and unmarked obstacles; unmaintained or unmarked trails/roads or trail obstructions; your negligence or failure to act safely (including a selection of terrain that exceeds your ability); or falling snow or ice from natural sources, varying visibility, storms, lightning, hail, snow and other adverse weather; becoming lost or separated; lack of shelter; limited access to and/or delay of rescue efforts or medical attention; your health condition, physical exertion, exhaustion, dehydration, hypothermia, altitude sickness, other sickness, or frostbite; and/or mental distress from exposure to any of the above. I UNDERSTAND THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE, AND I VOLUNTARILY CHOOSE TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY AND THE POSSIBILITY OF BODILY INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
Location-Based Services. Some features of the Services make use of detailed location and navigation information, for example in the form of GPS signals and other data sent by your Mobile Device (defined below) on which you have installed the Mobile App and activated the Services. These features cannot be provided without using this standard technology. You acknowledge that you are agreeing to give the Services and Aspect Avy your location data, pursuant to the Privacy Notice. You understand that the nature of location-based services is such that this information is available to you and to those other users with whom you’ve chosen to disclose location information and that Aspect Avy cannot control what you or other users who receive this information when using the Services will do with it. Among the various features of the Services, the Services use your location and route information to create a detailed location history of all of your journeys made when using the Services. This history is retained by Aspect Avy in accordance with the Privacy Notice.
You should not endanger yourself or others by viewing a portable Mobile Device while driving, operating dangerous mechanical devices, engaging in sports activities or in other situations in which you should be observing your surroundings.
Map, Weather, and Route Services. The Services may provide information regarding terrain, weather, and other geographical information. We collect information such as forecasting data from various, third-party sources and present the information to our users. Further, we use mapping layers that are based on the United States Geological Survey (USGS) data set. Aspect Avy cannot guarantee such information is accurate and is not liable for any data provided by third parties and accessed through the Services or for your use of such third-party data.
Slopes. It is possible that the angle of a slope has been underestimated or, on the contrary, is significantly steeper than described. It is your responsibility to verify angles with a slope meter.
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 Aspect Avy 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 Aspect Avy 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
Disruptive and Disrespectful Use. You agree to be mindful and respectful of places you visit in connection with your use of the Services. You agree that your use of the Services will be appropriate to the environment around you and that you will not create excessive noise, dangerous conditions, or other disturbances in connection with your use of the Services. You agree to act in a manner that is respectful and appropriate to the areas where you use the Services, including while interacting with other people, disposing of trash, using restroom facilities, using the Services in large groups, parking your vehicle, and otherwise.Map, Weather, and Route Services. The Services may provide information regarding terrain, weather, and other geographical information. We collect information such as forecasting data from various, third-party sources and present the information to our users. Further, we use mapping layers that are based on the United States Geological Survey (USGS) data set. Aspect Avy cannot guarantee such information is accurate and is not liable for any data provided by third parties and accessed through the Services or for your use of such third-party data.
• collect information from the Services using an automated software tool or manually on a mass basis;
• use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
• obtain, or attempt to obtain, access to areas of the Services or our systems that are not intended for access by you;
• “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
• restrict or inhibit other users from accessing or using the Services;
• modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Mobile App, Site or in the Content; or
• access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
If you download the Mobile App, you further agree not to:
• copy the Mobile App (except to install it on your Mobile Devices);
• modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Mobile App;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Mobile App or any part thereof;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Mobile App or any features or functionality of the Mobile App to any third party for any reason, including by making the Mobile App available on a network where it is capable of being accessed by more than one device at any time; or
• remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Mobile App.
Ownership. The Services are owned by Aspect Avy and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Mobile App or Site are registered and unregistered marks of Aspect Avy and its licensors. The Services are licensed, not sold, to you. You acknowledge and agree that, as between you and Aspect Avy, Aspect Avy is and shall remain the sole owner of the Services, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
Account Registration and Security. Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Aspect Avy of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
User Content and Restrictions. The Services may enable users to submit, upload, share, display, or transmit to other users (hereinafter, “post”) user-generated content such as routes (collectively, “User Content”). You may not post any User Content that:
• infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
• encourages criminal conduct;
• contains false, misleading, fraudulent, or deceptive claims or content;
• gives the impression that it emanates from or is endorsed by Aspect Avy or any other person or entity, if this is not the case; or
• contains any virus, malware, spyware, or other harmful content or code.
Rights You Grant to Us. You hereby grant to Aspect Avy an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to Aspect Avy that you own or control all rights in and to such User Content and have the right to grant the rights above to us.
Responsibility for User Content. You agree that you are solely responsible for your User Content, and you acknowledge and agree that Aspect Avy is not responsible for, and does not endorse, any User Content.
No Obligation to Prescreen, Monitor, or Use. Aspect Avy does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Services. However, Aspect Avy retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.
Submitted Ideas. While we appreciate your interest in the Services and our business, Aspect Avy does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Aspect Avy might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly provided for in our Privacy Notice[ADD LINK], all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Services or in response to solicitations on the Mobile App or Site shall be deemed to be non-confidential and non-proprietary.
Electronic Communications. The communications between you and Aspect Avy via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we electronically provide to you satisfy any legal requirement that such communications be in writing.
Privacy Notice. You acknowledge and agree that all information collected by Aspect Avy is subject to our Privacy Notice. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Notice.
Change and Suspension.
Changes to the Services. Aspect Avy reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that Aspect Avy will not be liable to you or to any third party for any such change, suspension, or discontinuance.
Disclaimer: Release: Limitation of Liability
Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND ASPECT AVY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER ASPECT AVY NOR ANY PERSON ASSOCIATED WITH ASPECT AVY MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY INFORMATION OR DATA PROVIDED THROUGH THE SERVICES, AND SUCH INFORMATION AND DATA SHOULD NOT BE CONSTRUED OR USED AS A LEGAL DESCRIPTION. ASPECT AVY IS NOT RESPONSIBLE FOR THE MISUSE OR MISREPRESENTATION OF THE INFORMATION AND/OR DATA PROVIDED THROUGH THE SERVICES, AND ANY RELIANCE YOU PLACE ON SUCH INFORMATION AND/OR DATA IS THEREFORE STRICTLY AT YOUR OWN RISK. WITHOUT LIMITING ANY OF THE FOREGOING IN THIS SECTION 13.1, NEITHER ASPECT AVY NOR ANYONE ASSOCIATED WITH ASPECT AVY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Release. 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, ASPECT AVY CANNOT AND DOES NOT ASSUME RESPONSIBILITY FOR ANY SUCH BODILY INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES, AND YOU HEREBY KNOWINGLY AND INTENTIONALLY FULLY RELEASE AND HOLD HARMLESS ASPECT AVY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS FROM DAMAGES YOU SUSTAIN FROM YOUR PARTICIPATION IN SUCH ACTIVITIES.
Basis of Bargain. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THESERVICES, AND ANY INFORMATION OR DATA PROVIDED THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 13 may not apply to you
Third-party Materials. The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third-party Materials”). You acknowledge and agree that Aspect Avy is not responsible for any Third-party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Aspect Avy does not assume and will not have any liability to you or any other person or entity for any Third-party Materials. Third-party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
Geographic Restrictions. Aspect Avy is based in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.