The following sets forth the agreement (this “Agreement”) between you and Raus Technologies (“Raus,” “we” or “us”) under which you may use Raus Snow Alarm, which is accessed through Raus’s website located at www.raus.io (the “Website”) and Raus’s mobile application (the “Mobile Application”), and all linked pages owned and operated by Raus, including, without limitation, all or any part of any content, visual interfaces, images, information, technical specifications, quotes, graphics, design, compilation, computer code, products, software, and services thereon, and all other elements of the Raus service generally and other materials that are provided by or in connection with the Raus service generally (collectively, the “Raus Service”).
Raus reserves the right to add, modify or delete any information or content in this Agreement or on the Website at any time, without notice. Accordingly, you are encouraged to review this Agreement each time that you access the Website. You can review the most current version of this Agreement by visiting www.raus.io.The most current version will supersede all previous versions. By continuing to use the Raus Service after changes are made, you agree to be bound by such changes. If you do not agree to these terms and conditions, do not access the Website or use the Raus Service.
Description of Raus Service
The Raus Service is a mobile notification system that alerts users to snow conditions at a variety of ski resorts throughout North America.
Except as expressly authorized herein, you agree to the following restrictions:
(a) You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use the Raus Service except as expressly provided in this Agreement.
(b) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Raus Service or create derivative works based on the Raus Service.
(c) You agree that you shall only use the Raus Service in a manner that complies with all applicable laws in the jurisdiction in which you use the Raus Service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
(d) You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the Raus Service or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the Raus Service. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with the Raus Service or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the Raus Service.
(e) You may only access the Raus Service for your own personal purposes and not for commercial purposes. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Raus Service for any other purpose.
We reserve the right to discontinue any aspect of the Raus Service at any time.
In connection with your use of the Raus Service, you may be subject to charges imposed by your broadband, wireless or other applicable carrier. Payment of such charges is solely your responsibility.
By downloading and/or using the Raus Service, you consent to receiving electronic communications and notices from Raus. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that such communications be in writing.
Advertising/Third Party Offers
In connection with your use of the Raus Service, we may display certain third party advertising based on your current location or your use of the Raus Service. Additionally, the Raus Service may contain links to third party web sites, advertisements, or programs that are not controlled by or affiliated with Raus. Raus is not responsible for the content, offers or privacy policies of such third party advertising, sites and programs. Your dealings with third party sites are solely between you and the applicable third party.
You agree that use of the Raus Service does not constitute any basis for ownership of the Raus Service and that Raus, its affiliates or its licensors owns all legal right, title, and interest in and to the Raus Service and all information, materials, images, software, photographs, articles, functions, text and other content solely provided by or on behalf of Raus on the Raus Service (specifically excluding any User Content (as defined below) (collectively, “Raus Content”). The Raus Service and all of the Raus Content, and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of Canada and other countries. We reserve all rights not expressly granted herein in and to the Raus Service and Raus Content. Unless otherwise noted, the Raus name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Raus Service are the property of Raus, its affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the Raus Service shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the Raus Service or any of the Raus Content will terminate the permission or license granted herein and may violate applicable law. You will not alter, adapt or otherwise modify any part of the Raus Service or Raus Content.
You are solely responsible for any content that you create, transmit, or display while using the Raus Services.
The Raus Service may, now or in the future, permit the submission of user content including text, files, images, videos or other materials and content by you (“User Content”). Raus does not endorse or approve any User Content that you or other users contribute or post. Raus respects the intellectual property rights of others. You must have the legal right to upload any User Content to the Raus Service. You may not upload or post any User Content to the Raus Service that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity. You may upload only User Content that you are permitted to upload by the owner or by law.
By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant Raus and its affiliates, employees, agents, representatives, licensors or other third party partners, a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content only in connection with the Raus Service. The feature of the Raus Service to which you post User Content may also permit other users to access and use that User Content. Raus may aggregate your User Content with other User Content for the purpose of compiling information regarding users of the Service as a whole and delivering such aggregated information to third parties in connection with operating, accessing and marketing the Raus Service.
You also grant each user of the Raus Service a non-exclusive license to access your User Content through the Raus Service and to use, copy, print, distribute, display and perform your User Content as permitted through the functionality of the Raus Service and under this Agreement.
You agree that Raus may use your feedback, suggestions, or ideas in any way, including in future modifications of the Raus Service, other products or services, advertising or marketing materials. You grant Raus a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Raus in any way.
Public Content and Third Party Services
The Raus Service may, now or in the future, allow for users to use the Raus Service to host public forums or messaging boards for online discussion or message posting. These are public forums, and information that you post may be available to other members of the Raus Service.
The Raus Service may, now or in the future, provide for access to other third party services, such as data sharing websites or social media websites (“Social Media Services”) in order to share your selected User Content with those services, and/or to import information about you and information about people you are connected with on those services. Some Social Media Services may also provide us with information from your accounts to enhance and personalize your use of the Raus Service.
Accounts; Passwords; Security
You will need an account in order to use the Raus Service. You may not use another person’s account without permission. When you are setting up your account, you must give us accurate and complete information and you will be asked to provide a password and/or personal username. You are responsible for your account information and password. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR RAUS ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
Disclaimers; No Warranties or Representations
THE RAUS SERVICE AND ANY THIRD-PARTY MEDIA, SOFTWARE, SERVICES, MATERIALS OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE RAUS SERVICE ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RAUS AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
RAUS AND ITS AFFILIATES, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE RAUS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE RAUS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RAUS, AND ITS LICENSORS, SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE RAUS SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY INFORMATION OBTAINED THROUGH OR DERIVED FROM THE USE OF THE RAUS SERVICE IS FOR ILLUSTRATIVE PURPOSES ONLY AND SHOULD NOT AND CANNOT BE RELIED UPON FOR ANY REASON WHATSOEVER. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, PURCHASE, OR OTHERWISE OBTAIN MEDIA, MATERIALS, OR OTHER DATA THROUGH THE USE OF THE RAUS SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.
Indemnification; Hold Harmless; Release
You agree to indemnify, hold harmless and release Raus, its officers, directors, stockholders, affiliates, and its and their respective licensors, suppliers and partners, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of (i) your use or misuse of the Raus Service, (ii) breach of any of this Agreement, (iii) your violation of any applicable law or the rights of any other person or entity, or (iv) the display, playback, publishing, hosting, sharing and/or selling or other distribution of any content made available through or by the Raus Service. Raus reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RAUS OR ITS AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR USE OF OR INABILITY TO USE THE RAUS SERVICE, ANY INFORMATION OR CONTENT AVAILABLE ON THE RAUS SERVICE OR IN ANY OTHER WAY CONNECTED WITH THE RAUS SERVICE OR ANY CAUSE OF ACTION ARISING HEREUNDER, EVEN IF RAUS OR A RAUS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL RAUS OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, REGARDLESS OF THE CAUSE OF ACTION, HAVE ANY LIABLITY FOR ANY LOSSES OR DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN RAUS AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE RAUS SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE RAUS SERVICE.
Mobile Application Provider
In the event you are using the Raus Services in connection with a mobile device and the Mobile Application accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Mobile Application is made available (each an “Application Provider”). You acknowledge and agree that:
This Agreement is concluded between you and Raus, and not with the Application Provider, and Raus (not the Application Provider), is solely responsible for the Mobile Application.
The Application Provider has no obligation to furnish any maintenance and support services with respect to the Mobile Application.
In the event of any failure of the Mobile Application to conform to any applicable warranty, you may notify the Application Provider, and the Application Provider may refund the purchase price for the Mobile Application to you (if applicable) and to the maximum extent permitted by applicable law, the Application Provider will have no other warranty obligation whatsoever with respect to the Mobile Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Raus.
The Application Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile Application or your possession and use of the Mobile Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Mobile Application or your possession and use of that Mobile Application infringes that third party’s intellectual property rights, Raus will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
The Application Provider, and its subsidiaries, are third party beneficiaries of this Agreement as related to your license of the Mobile Application, and that, upon your acceptance of the terms and conditions of this Agreement, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Mobile Application against you as a third party beneficiary thereof.
You must also comply with all applicable third party terms of service when using the Mobile Application.
If any dispute arises regarding this Agreement or the Raus Service, you agree that the dispute will be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You agree to attorn to the non-exclusive jurisdiction of the courts of the Province of British Columbia, Canada.
Raus makes no claims that the Raus Service may be lawfully accessed, used or downloaded outside of Canada. Any such use of the Mobile Application and/or the Raus Service, and any materials contained therein, may not be lawful by certain persons or in certain territories. If you access any of these from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time.
Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
Right to Terminate
Your rights under this Agreement will automatically terminate without notice from Raus if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Raus Service and Raus may immediately restrict your access to the Raus Service.
The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Raus as set forth above.
Effective Date: November 24, 2016