Terms of Use

These terms and conditions (the “Terms”) govern your use of the Nuthatch: Self-Guided Hikes for the Budding Naturalist (the “App”), which is available in either mobile or web version at https://chagingrockies.ca/legal-info

The App is intended to be a free resource to assist individuals in finding routes and digital trail markers that will allow users to take self-guided hikes.

The App was created through contributions by faculty and students at the University of Western Ontario (for the purposes of the Terms, collectively referred to as “We”, “Us”, or “Our”) and the terms “You” and “Your” refer to the end user.

In accessing and using the App, You accept and agree to be bound by and comply with these Terms. If You do not agree to these Terms, do not download or use the App. If You have any questions about these Terms, please contact info@changingrockies.ca

Ownership

We own the App. Under these Terms, We provide You with a limited, non-transferable, non-sublicensable license to use the App in accordance with the Limitations on Use set out below. Nothing in the App shall be construed as conferring to You any further ownership or license of any intellectual property rights, whether by estoppel, implication, or otherwise. The information contained in the App is for Your personal use only. Except when otherwise stipulated, the information may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without Our express written permission . The App and the information contained therein is protected under copyright laws of Canada and other countries. Any unauthorized downloading, retransmission or other copying or modification of trademarks and/or the contents of the App may be a violation of federal or other law that may apply to trademarks and/or copyrights.

Limitation on Use

You agree that You will not use the App to: (a) copy, modify, create derivative works, reverse engineer, decompile, translate, or attempt to extract any of the source code of the App; (b) sell, resell, license, sublicense, assign, distribute, publish, transfer, or otherwise make the App available; (c) transmit inappropriate, obscene, or illegal content; (d) remove any proprietary notices from the App; (e) use the App in a manner or for a purpose that infringes, misappropriates, or otherwise violates an intellectual property right or other right of a third party; or, (f) use the App in a manner that otherwise violates any applicable law.

Links

Any links from or to the App are for convenience only. We do not review or control, and are not responsible for, any websites linked from or to the App, the content of those websites, the privacy practices of those websites, information that You may share with those websites, the third parties named therein, or their products or services. We do not endorse, or approve of any websites linked from or to the App. We encourage You to review the Privacy Policies and any applicable terms relating to the linked website prior to using such linked website. Following links to any other website is at Your sole risk and We will not be responsible or liable for any damages in connection with such linking.

Privacy

The App monitors your location to display your location and to send you notifications when in proximity of certain locations. The App does not communicate any user information to Us.

Warranties

In accessing and using the App, You acknowledge and accept that the App is being provided on an “as is” and “as available” basis, without any warranties or representations of any kind, including but not limited to any warranties regarding accuracy, completeness, non-infringement, merchantability, or fitness for a particular purpose. Furthermore, We provide no warranties or representations that the App will be available, will meet Your requirements, or that access will be uninterrupted.

Limitations on Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES WHATSOEVER AND HOWSOEVER CAUSED (INCLUDING WITHOUT LIMITATION FOR DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE APP, OR YOUR USE OF THE APP, OR YOUR ABILITY OR INABILITY TO ACCESS OR USE THE APP, OR ANY ACTION OR DECISION MADE BY YOU IN RELIANCE ON THE APP, OR ANY ERRORS IN OR OMISSIONS FROM THE APP, OR ANY UNAUTHORIZED USE OR REPRODUCTION OF THE APP OR THE INFORMATION CONTAINED THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In the event that We are found to be liable despite the foregoing, You agree that Our liability shall be limited to ten dollars ($10.00) CAD.

Headings

The headings in these Terms are for convenience only and shall not affect in any way the meaning or interpretation of the Terms.

Amendments

We may amend this document at any time by uploading an amended version of the Terms at the following website: https://changingrockies.ca/legal-info. In the event that You do not agree with the amended version of the Terms, stop using the App and delete it from Your device. Continued use of the App will confirm your agreement to the amended version of the Terms.

Governing Law

Any claims arising out of these Terms or the App will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties submit to the exclusive jurisdiction of the courts located in Ontario, Canada.

Termination

We may terminate Your account or refuse Your use of the App at any time and for any or no reason, either upon notice or by refusing a login to Your account. If We terminate Your account or refuse Your use of the App, You will no longer be able to access the App through Your login information.

You may terminate Your use of the App at any time by ceasing to use the App and deleting it from Your device.

We may also discontinue providing the App at any time for any or no reason. In the event that the App is discontinued by Us, You agree that We shall not be liable to You in connection with such discontinuation.