You shall not, whether by yourself or through any other means or person:
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion at any time and without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts, or all, of the Services to users, including registered users.
You are responsible for both:
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session, if applicable. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The Services, including the Software, and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, artwork, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company’s name, the Company’s logo, brand, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, branding, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services, including any User Contribution, violates your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to the copyright agent designated below. All written notices must comply with Section 512(c)(3) of the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”).
Our designated copyright agent to receive DMCA notices is:
Attention: Mappy Copyright Agent
4348 Waialae Avenue #532
Honolulu, Hawaii 96816
If you fail to comply with the requirements of the DMCA, your notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is the policy of the Company to terminate the user accounts of repeat infringers.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
ALL LOCATIONS ARE APPROXIMATE INCLUDING USER LOCATION, SKI RUNS, LIFTS, BUILDINGS, RESORT BOUNDARIES, AMENITIES, AND LOCATOR AND ROUTING SERVICES. THE INFORMATION PROVIDED ON THE SERVICES IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED AT THE ACTUAL RESORT, MOUNTAIN, AND/OR SLOPE. IN THE EVENT THAT THE INFORMATION PRESENTED AT THE RESORT, MOUNTAIN, AND/OR SLOPE DIFFERS FROM THE INFORMATION PROVIDED ON THE SERVICES, YOU MUST NOT RELY ON THE SERVICES.
THERE ARE INHERENT DANGERS AND RISKS WHEN SKIING AND YOU SHOULD ALWAYS USE THE SERVICES IN A SAFE AND REASONABLE MANNER. DO NOT LOOK AT YOUR PHONE WHILE YOU ARE SKIING AND ALWAYS BE MINDFUL OF YOUR SURROUNDINGS. USE OF THE SERVICES WHILE SKIING IS STRICTLY FORBIDDEN UNLESS (A) YOU HAVE ENABLED NAVIGATION GUIDANCE VIA AUDIO AND ARE NOT LOOKING AT YOUR PHONE OR (B) YOU HAVE STOPPED IN AN APPROPRIATE, SAFE, AND PERMITTED LOCATION.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, OWNERS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE COMPANY PROVIDES THE SERVICES AND CONTENT ON THE SERVICES FOR USE ON AN “AS IS,” ‘WHERE IS,” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THERE IS NO WARRANTY WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, USAGE, WORKMANSHIP, QUALITY, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE, AND ANY AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Additionally, the Company disclaims any warranties relating to the accuracy of the maps, content, mountain conditions, or navigation routes presented or displayed on the Services. Such errors and omissions are inherent to any service that operates on submitted and/or provided information. THE INFORMATION PROVIDED ON THE SERVICES IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED AT THE ACTUAL RESORT, MOUNTAIN, AND/OR SLOPE. IN THE EVENT THAT THE INFORMATION PRESENTED AT THE RESORT, MOUNTAIN, AND/OR SLOPE DIFFERS FROM THE INFORMATION PROVIDED ON THE SERVICES, YOU MUST NOT RELY ON THE SERVICES.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Last modified: November 30, 2020
This Mobile Application End User License Agreement (this “Agreement”) is a binding agreement between you (“End User” or “you”) and MAPPY, LLC, a Delaware limited liability company (the “Company”). This Agreement governs your use of the Snow Mappy App (including all related documentation, the “Application”). The Application is licensed, not sold, to you.
BY USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; AND (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
ADDITIONALLY, THE COMPANY DISCLAIMS ANY WARRANTIES RELATING TO THE ACCURACY OF THE MAPS, CONTENT, MOUNTAIN CONDITIONS, OR NAVIGATION ROUTES PRESENTED OR DISPLAYED ON THE APPLICATION. SUCH ERRORS AND OMISSIONS ARE INHERENT TO ANY SERVICE THAT OPERATES ON SUBMITTED AND/OR PROVIDED INFORMATION. THE INFORMATION PROVIDED ON THE APPLICATION IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED AT THE ACTUAL RESORT, MOUNTAIN, AND/OR SLOPE. IN THE EVENT THAT THE INFORMATION PRESENTED AT THE RESORT, MOUNTAIN, AND/OR SLOPE DIFFERS FROM THE INFORMATION PROVIDED ON THE APPLICATION, YOU MUST NOT RELY ON THE APPLICATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Exposure to COVID-19 is an inherent risk in any location where people are present. Mappy, LLC (the “Company”) does not own and/or operate the individual resorts or mountains that you may be navigating and visiting, and as such cannot guarantee you a risk-free experience. However, by each of us taking personal responsibility and adhering to all local, regional, state, federal, and industry health and safety guidelines, we can collectively reduce the risks to ourselves and our communities. Every user shares the responsibility for a safe and healthy experience while visiting individual resorts or mountains.
In these times we must all make decisions that work for ourselves and consider our own risk profiles. The Company cannot guarantee that you will not be exposed to COVID-19 during your visit to any resort or mountain. Refer to individual resorts for their COVID-19 policies and planned responses. COVID-19 is extremely contagious and can lead to severe illness and death, and the risk of being exposed or becoming sick due to COVID-19 cannot be eliminated. You are voluntarily assuming all COVID-19 exposure risks by visiting individual resorts’ properties or using any facility or service that is under their ownership, operation, or control.
Last modified: November 30, 2020