Terms & Privacy
Effective August 24, 2018
1. USE COMMON SENSE
BACKCOUNTRY TRAVEL IS A RISKY ACTIVITY, SUBJECT TO INFLUENCE BY NUMEROUS VARIABLES BEYOND THE CONTROL OF PARTICIPANTS. IT CAN INVOLVE RISK OF DEATH OR SERIOUS INJURY. PARTICIPANTS ARE ENCOURAGED TO TAKE RELEVANT EDUCATIONAL COURSES BEFORE ENGAGING IN BACKCOUNTRY ACTIVITIES. USE OF THIS APP CANNOT GUARANTEE RESCUE. USE GOOD JUDGEMENT ON YOUR BACKCOUNTRY ADVENTURES. Use of this app may result in the dispatch of search and rescue personnel. These individuals often risk their own safety in the process of facilitating a rescue. In addition, search and rescue organizations may incur substantial costs in facilitating a rescue.
Accordingly, use this app only if you or a companion are lost, injured, or in a life-threatening situation. Anyone abusing the functionality of this app may be prosecuted to the fullest extent allowed by law.
EFFECTIVENESS OF THIS APPLICATION IS DEPENDENT UPON PERFORMANCE OF YOUR PHONE’S CELLULAR SERVICE. IF YOU ARE IN AN AREA WITHOUT CELLULAR SERVICE COVERAGE, YOUR MESSAGES MAY NOT REACH SEARCH AND RESCUE PERSONNEL. DO NOT DEPEND UPON THIS APPLICATION IN AREAS IN WHICH YOUR PHONE DOES NOT HAVE CELLULAR SERVICE COVERAGE.
Welcome to the BackcountrySOS application (the “App.”) The App is owned and operated by the Teton County Search and Rescue Foundation (“BackcountrySOS,” “we,” or “us”), a 501(c)(3) non-profit corporation engaged in supporting the activities and volunteers of Teton County Search and Rescue. This App has been created and distributed in an effort to provide public outreach, advocacy and education regarding the mission, activities and needs of the Teton County Sheriff with respect to Teton County Search & Rescue. Revenues generated from sale of this App will be used for the purposes of i) procuring search and rescue equipment for Teton County Search & Rescue, and ii) facilitating search and rescue training for volunteer personnel of Teton County Search & Rescue, all under the direction and control of the Teton County Sheriff.
We reserve the right to change these Terms. If you’ve previously agreed to an older version of these Terms, you will need to agree to any updated version of these Terms in order to continue to use the App.
We may change, suspend, or end access to, and permission to use, any or all parts of the App. To the extent allowed under law, these changes will be effective at the time we provide notice to you of the changes or limitations.
By using and accessing any part of the App, you unconditionally and expressly acknowledge, represent and agree that you: (a) are over 13 years of age; (b) have read and understand these Terms; (c) agree to be, and understand that you are, bound by these Terms; and (d) will comply with these Terms and any applicable laws and regulations.
3. License to use the App
Provided that you adhere to and agree to these Terms, BackcountrySOS grants you a limited, non-transferable license to download, install, access, and use the App.
4. Ownership rights
You expressly agree that we: (a) own or license all of the content, trademarks, and other intellectual property related to the App, including, without limitation, all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, look and feel, compilation, titles, words, or phrases, advertisements, promotions, trademarks, patents, and copyrights (collectively, "Materials"); and (b) expressly reserve all right, title, and interest in and to the Materials. You have no rights to use the Materials except as expressly set forth in these Terms, and you hereby disclaim any rights in or to the Materials, except the limited use rights expressly granted pursuant to these Terms. Any use of the Materials that is not expressly authorized by these Terms is prohibited.
5. Your privacy and your rights
We are committed to providing transparency in how we collect and use data.
This App is designed to facilitate use of your device’s GPS to determine your location in the event of an emergency. The App does not directly share your location with us or any third party; rather, you can use the App to automatically compose an SMS message containing your location that you may choose to send to local emergency personnel. Sending the message requires your affirmative election to do so and is dependent upon available cellular service coverage.
Other than this use of location data, and the resulting transmittal of your cellular telephone number, the App does not collect any information from or about you.
6. Age restriction
The App is not designed for use by children under 13 years of age. We do not knowingly collect personal information from children under 13 years of age. If you are under 13 years old, you may not use the App without first providing us with written, verifiable parental consent.
7. Prohibited conduct
You may not:
- use this App to contact emergency responders for any reason other than an actual emergency or life-threatening situation;
- violate or attempt to violate the security of the App or to interfere with any intellectual property or proprietary rights in or to the same, including the Materials;
- use or access the App to transmit, copy, reproduce, modify, republish, upload, post, transmit, e-mail, or distribute any material or content that infringes any copyright, trademark, proprietary, or other right of any person or entity that otherwise violates the terms of these Terms;
- redeliver or publish all or part of the App using framing, scraping, or any other related technology;
- use or incorporate any of our trademarks, trade dress, the name of any of our personnel, or any variation of these items as a metatag, Adword, hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between us and you, or any other individual or entity;
- use the App to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data load on the App system or infrastructure;
interfere or attempt to interfere with the proper working of the App; or
- bypass measures used to prevent or restrict access to the App, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from us.
The license granted to you under these Terms to access and use the App shall automatically terminate if you violate any of these restrictions or the terms and conditions of these Terms. We reserve the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions.
We reserve the right to restrict, suspend, or terminate your access to the App if we believe that you may be in breach of these Terms or law or are misusing the App. We reserve all of our intellectual property rights in and/or relating to the App and the Materials. The BackcountrySOS name and logo are trademarks owned by the Teton County Search and Rescue Foundation.
8. Apple iOS users
If you use the Apple iOS version of the App, the terms of this Section 8 apply to your access to and use of the App.
Scope of License. If you access and use the Apple iOS version of the App, your license is limited to use of the App on only iPhone or iPod touch devices that you own or control as permitted under Apple’s applicable terms and policies.
Limitations. Apple has no obligation to and will not be responsible for providing you with any maintenance or support services for the App. Apple is not providing and will not provide you with any express or implied product warranties for the App. If you believe the App has failed to conform to any of BackcountrySOS’s warranties, you may notify Apple of the defect, and Apple will refund the price you paid to purchase the iOS version of the App. Apple will have no other warranty or other obligation to you with respect to the App. If you have any product claims relating to the use or possession of the App, including (without limitation) any product liability claims, any claims that the App fails to conform to any applicable legal or regulatory requirements, and/or any claims arising under consumer protection or other laws, you should contact BackcountrySOS, not Apple, as Apple will have no responsibility for such claims. If any third party claims that the App or your use of the App violates their intellectual property rights, Apple will have no responsibility to investigate, defend, settle or discharge such claims. BackcountrySOS shall have the responsibility for such claims, except as otherwise disclaimed herein or otherwise discharged under applicable legal principles.
Your Representations and Warranties. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: BackcountrySOS is the developer of the App. BackcountrySOS’s address is PO Box 1063, Jackson, WY 83001 USA. Please contact us at email@example.com if you have any questions, complaints or claims with respect to the App.
Enforcement Rights. Both you and BackcountrySOS acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Section 8 of the Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 8 of the Agreement against you as a third party beneficiary.
We value all of our users, and it is our goal to provide an excellent online experience for all our users, including our users with disabilities. If you have comments regarding the accessibility of the App or would like to report an issue you are experiencing, please email us at firstname.lastname@example.org.
10. Disclaimer and Liability Limits
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL INFORMATION AND MATERIALS AVAILABLE THROUGH THE APP ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS, ACCESSIBILITY AND NON-INFRINGEMENT). BACKCOUNTRYSOS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE "BACKCOUNTRYSOS PARTIES") MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, ACCESSIBILITY, RESULTS, OR PERFORMANCE OF THE APP; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALWARE, MALICIOUS CODE, OR OTHER DISABLING DEVICES OR CODE FROM ANY SOURCES; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE BACKCOUNTRYSOS PARTIES; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); OR (E) LOSS, USE OR MISUSE OF DATA.
YOUR USE OF THE APP IS AT YOUR OWN RISK. YOU AGREE THAT THE BACKCOUNTRYSOS PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE BACKCOUNTRYSOS PARTIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO BACKCOUNTRYSOS TO ACCESS OR USE THE APP WHICH FORM THE BASIS OF YOUR CLAIM, OR $500 IF YOU HAVE NOT PAID ANY AMOUNTS TO BACKCOUNTRYSOS. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY BACKCOUNTRYSOS IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST ANY OF THE BACKCOUNTRYSOS PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
At any time, you or we may terminate these Terms and your limited rights to access and use the App. Upon termination you will no longer be able to use the App.
Sections 4, 7, 9, 10, 11, 12, and 13 of these Terms shall survive termination.
12. Resolving disputes
BackcountrySOS developed and provides the App within the State of Wyoming in the United States. If you choose to access or use any part of the App from any other location, state, or country, you do so at your own risk and initiative and are solely responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Wyoming (excluding any choice of law rules) govern your rights and obligations relating to BackcountrySOS and your use of / access to the App. You also agree that the exclusive jurisdiction and venue for any disputes relating to these Terms and/or the App Services shall be the state or federal courts located in Teton County, Wyoming.
13. General terms
If a court with authority over these Terms finds any part of it not enforceable, you 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 agree to ask the court to remove only that unenforceable part and still enforce the rest of these Terms. These Terms are the only agreement between you and us regarding the App and any information and data used therein, and supersedes all prior agreements between us.
If we don't act to enforce a breach of these Terms, that does not mean that BackcountrySOS has waived its right to enforce these Terms. You may not assign or transfer these Terms (or your use of the App) to anyone without our prior written consent. However, you agree that BackcountrySOS may assign these Terms to its affiliates or a party that buys it without notice to you or your consent.
14. Contacting us
If you have any questions or comments about these Terms or the App, here’s how to contact us:
Mail: TCSAR Foundation, PO Box 1063, Jackson, WY 83001 USA
You agree that the only way to provide us legal notice is in writing delivered to the addresses provided in this Section.