These Terms of Use are entered into by and between you (“you” or “your”) and Mappy, Inc. (the “Company,” “we,” “us,” or “our”). The following terms and conditions, together with any documents that they expressly incorporate by reference (collectively, and as amended from time to time, the “Terms of Use”) govern your use of the Company’s software (the “Software”) and services on the Company’s website and related mobile applications (collectively, the “Services”), whether as a guest or a registered user.
Please read these Terms of Use carefully before using the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, available at https://www.bemappy.io/privacy (the “Privacy Policy”), and the Mobile Application End User License Agreement, available at https://www.bemappy.io/terms (the “EULA”), incorporated herein by reference. All personal data provided to us as a result of your use of the Services will be handled in accordance with the Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
The following key terms are highlighted here for your convenience and reference and do not supersede or override any other terms or conditions provided in these Terms of Use. For more information on each term, please refer to the specific sections below where indicated.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
Subject to these Terms of Use, the Company hereby grants you a free, limited, non-exclusive, non-transferable, and revocable license to use the Services, including the Software, for non-commercial purposes. You hereby acknowledge that the Services, including the Software, are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services or the Software, or any other rights thereto other than to use the Services and the Software in accordance with these Terms of Use.
These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services.
You must not access or use the Services or any materials available through the Services for any commercial purposes. If you wish to make use of any material on the Services, other than as set out in these Terms of Use, please address your request to: info@bemappy.io.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company.
Any use of the Services or the Software not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
You shall not, whether by yourself or through any other means or person:
We have the right to disable or block your access to the Services and discontinue your use of the Services, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
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:
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
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.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason and without notice, including if, in our opinion, you have violated any provision of these Terms of Use.
The Services may contain profiles, messages, groups, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Use. For more information, see Content Standards.
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.
All information we collect through the Services is subject to our Privacy Policy, available at https://www.bemappy.io/privacy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
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.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, members, owners, employees, contractors, agents, representatives, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Hawaii without giving effect to any choice or conflict of law provision or rule (whether of the State of Hawaii or any other jurisdiction). Exclusive jurisdiction and venue for any legal proceedings related to these Terms of Use or the Services shall be in a court of competent jurisdiction in the state or province where the alleged incident giving rise to the claim occurred.
Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Services must be commenced within one year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred and waived.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use, the Privacy Policy, the EULA, the COVID-19 Safety disclosure, and the documents or policies referenced and incorporated herein and therein, constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and other contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Software and the Services.
Last modified: July 15, 2022
This Mobile Application End User License Agreement (this “Agreement”) is a binding agreement between you (“End User” or “you”) and MAPPY, INC., a Delaware corporation (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, Inc. (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: July 15, 2022
