Terms

1. Introduction

1.1 Contract

When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by clicking “Create Account”, “Register”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Avalanche Apps LLC (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign Up” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Services

This Contract applies to avalancheapps.com, Avalanche Apps LLC-branded apps. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both Members and Visitors.

Avalanche Apps LLC

You are entering into this Contract with Avalanche Apps LLC (also referred to as “we” and “us”).

You are entering into this Contract with Avalanche Apps LLC (“Avalanche Apps LLC.”) and Avalanche Apps LLC will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.

This Contract applies to Members and Visitors.

As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy and updates.

1.2 Members and Visitors

When you register and join the Avalanche Apps LLC Service or become a registered user, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

1.3 Change

We may make changes to the Contract.

We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

2. Obligations

2.1 Service Eligibility

Here are some promises that you make to us in this Contract:

You’re eligible to enter into this Contract and you are at least our “Minimum Age.”

The Services are not for use by anyone under the age of 16.

To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Avalanche Apps LLC account (and/or one SlideShare account, if applicable), which must be in your real name; and (3) you are not already restricted by Avalanche Apps LLC from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

“Minimum Age” means 16 years old. However, if law requires that you must be older in order for Avalanche Apps LLC to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

2.2 Your Account

You will keep your password a secret.

You will not share an account with anyone else and will follow our rules and the law.

Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and our list of Dos and Don’ts and Professional Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse.

2.4 Notices and Messages

You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

Please review your settings to control and limit messages you receive from us.

 

3. Rights and Limits

3.1. Your License to Avalanche Apps LLC

You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.

We’ll honor the choices you make about who gets to see your information and content, including how it can be used for ads.

As between you and Avalanche Apps LLC, you own the content and information that you submit or post to the Services, and you are only granting Avalanche Apps LLC the following non-exclusive license:

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

  1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy.
  3. We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as “public”, we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services.
  4. While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You and Avalanche Apps LLC agree that if content includes personal data, it is subject to our Privacy Policy.

You and Avalanche Apps LLC agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to Avalanche Apps LLC, you agree that Avalanche Apps LLC can use and share (but does not have to) such feedback for any purpose without compensation to you.

You promise to only provide information and content that you have the right to share, and that your Avalanche Apps LLC profile will be truthful.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Avalanche Apps LLC may be required by law to remove certain information or content in certain countries.

 

3.2 Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.

Avalanche Apps LLC is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Other Content, Sites and Apps

Your use of others’ content and information posted on our Services, is at your own risk.

Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Avalanche Apps LLC generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.

You are responsible for deciding if you want to access or use third-party apps or sites that link from our Services. If you allow a third-party app or site to authenticate you or connect with your Avalanche Apps LLC account, that app or site can access information on Avalanche Apps LLC related to you and your connections. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Avalanche Apps LLC is not responsible for these other sites and apps – use these at your own risk. Please see our Privacy Policy.

3.4 Limits

We have the right to limit how you connect and interact on our Services.

Avalanche Apps LLC reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Avalanche Apps LLC reserves the right to restrict, suspend, or terminate your account if Avalanche Apps LLC believes that you may be in breach of this Contract or law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Professional Community Policies).

3.5 Intellectual Property Rights

We’re providing you notice about our intellectual property rights.

Avalanche Apps LLC reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Avalanche Apps LLC logo and other Avalanche Apps LLC trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Avalanche Apps LLC.

3.6 Weather & Safety Disclaimer

We can’t guarantee that our weather data is accurate, and you are responsible for your own safety in the outdoors.

Avalanche Apps LLC makes no express or implied warranties, guarantees or affirmations that weather information will occur or has occurred as the reports, forecasts, graphics, data, briefings or information comprising the site, products or Services state, represent or depict and Avalanche Apps LLC shall have no responsibility or liability whatsoever to you or any other person or entity, parties and non-parties alike, for any inconsistency, inaccuracy or omission for weather or events predicted or depicted, reported, occurring or occurred. You and any third parties are solely responsible for action or lack of action taken to preserve life or property.

There may be times when data or services from third parties that Avalanche Apps LLC normally uses as all or a part of the basis of its forecasts, graphic, or other products, information, and services is unavailable or disregarded and Avalanche Apps LLC shall have the right to continue to issue such products, information and services without informing the end user of the changed basis or source of such products, information, or Services and to change sources from time to time.

Services are dependent upon open communications networks provided by third parties, and Avalanche Apps LLC is not responsible for lack of Services due to communications network outages. You are advised and informed that the government issues official watches, warnings, and advisories, bulletins and other communications. You are responsible for staying aware of these conditions.

 

 

4. Avalanche Apps LLC Acceptable Use Guidelines

8.1. Acceptable Use

Avalanche Apps LLC is a community of outdoor enthusiasts. This list of guidelines limit what you can and cannot do on our Services.

You agree that you will:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  2. Provide accurate information to us and keep it updated;
  3. Use your real name on your profile; and
  4. Use the Services in a professional manner.

8.2. Unacceptable Use

You agree that you will not:

  1. Create a false identity on Avalanche Apps LLC, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  2. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
  3. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
  4. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Avalanche Apps LLC;
  5. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
  7. Violate the intellectual property or other rights of Avalanche Apps LLC, including, without limitation, (i) copying or distributing our materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the words “Avalanche Apps LLC” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
  8. Post anything that contains software viruses, worms, or any other harmful code;
  9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  10. Imply or state that you are affiliated with or endorsed by Avalanche Apps LLC without our express consent (e.g., representing yourself as an Avalanche Apps LLC employee);
  11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Avalanche Apps LLC’s consent;
  12. Deep-link to our Services for any purpose other than to promote your profile, without Avalanche Apps LLC’s consent;
  13. Use bots or other automated methods to access the Services, add or download data, send or redirect data;
  14. Monitor the Services’ availability, performance or functionality for any competitive purpose;
  15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  16. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
  17. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
  18. Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

5. Complaints Regarding Content

Contact information for complaint about content provided by our Members.

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a process in our Services for complaints concerning content posted by our Members.

6. General Terms

Here are some important details about the Contract.

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Contract, that does not mean that Avalanche Apps LLC has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Avalanche Apps LLC may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us legal notice is at the address provided in Section 7.

 

7. How To Contact Us

Our Contact information.

If you want to send us notices or service of process, please contact us:

ONLINE
Email:
jeremiah@avalancheapps.com
mitch@avalancheapps.com

MAIL
Avalanche Apps LLC
201 Coffman St
#112
Longmont, CO 80501