Cairn App Terms and Conditions of Use

 
 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, FITCLIMB LLC, THE CAIRN APP AND ANY RELATED SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE.

These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Cairn Web site located at http://www.cairnme.com(the "Site") and the information and other services provided therein, and to your use of the Cairn app accessed through your mobile device (together the "Services"). The Cairn Site and Services are owned and operated by Cairn Inc., located at 10629 64th PL W, Mukilteo, Washington, United States (the “Company”).

These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Company, or its subsidiaries or affiliates, for products, services or otherwise.

Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site or the Services, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site or the Services following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site and Services. If you do not agree to the amended terms, you must stop using the Site and the Services.

1. Privacy Policy

Please refer to our Privacy Policy.

2. Age Restrictions

If you are not thirteen (13) years old or older, you may not use this Site or the Services. If you are thirteen (13) or older but under the age of majority in the country where you live, then you should obtain the consent of your parent or guardian prior to use of the Site or the Services. If you are a parent or guardian who has consented to your child’s use of the Site or Services, then, to the fullest extent permitted by applicable law, you agree to and accept full responsibility for that child's use of the Cairn software and the Services, including all financial charges and legal liability that he or she may incur.

3. Safety

The Services are designed to permit others you designate to know your location and wilderness trip plans (i.e. that of your mobile device) on a map. They are also designed to provide you with the ability to know when you are broadcasting your location and with the ability to limit the duration of the broadcast to active trips.  Nonetheless, use of the Services may involve special risks associated with other persons knowing your wilderness trip plan(s). You should only share such information with those that you trust. The service also depicts the location(s) where others have found cell coverage in the wilderness.  You should not endanger yourself or others by viewing a portable mobile device while driving, operating dangerous mechanical devices, or in other situations in which you should be observing your surroundings. You shall take all safety precautions, use common sense, and avoid unsafe terrain while traveling in the wilderness.  Cairn makes no guarantee to your safety and you (and successor(s)/estate) agree to not hold it responsible for any injury or death.

4. Consent to Receive Emails

If you provide us with your email address as part of your use of the Site or the Services, we may send you news and product updates relating to the Company. You may "opt out" of receiving marketing or promotional emails from the Company at any time by following unsubscribe instructions or using unsubscribe.

5. Copyright and Limited License

Unless otherwise indicated, the Site and all content and other materials on the Site or forwarded by the Company through the Services, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Cairn Materials") are the property of Company or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sub licensable license to access and use the Site and the Services. Such license is subject to these Site Terms and does not include or authorize: (a) any resale or commercialization of the Site, the Cairn Materials or the content forwarded to you by the Services; (b) the distribution, public performance or public display of any Cairn Materials; (c) modifying or otherwise making any derivative uses of the Site or the Cairn Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Cairn Materials or any information contained therein, except as expressly permitted by the Company; or (f) any use of the Site or the Cairn Materials other than for its intended purpose. Any use of the Site or the Cairn Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. 

6. Trademarks

”Cairn”, the Company logo and any other product or service name or slogan contained on the Site or included in the Services are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "Cairn" or any other name, trademark or product or service name of Company without our prior written permission. In addition, the look and feel of the Site and graphical user interface of the Cairn app, including, but not limited to, all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site or through the Services are the property of their respective owners.

7. Disclaimers and Acknowledgements Regarding Use of Site Information

THE SITE, THE CAIRN MATERIALS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS ON THE SITE OR PROVIDED THOUGH THE SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT CAIRN MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

You should independently verify the accuracy of any information you obtain on the Site or through the Services before using it. You agree to be solely responsible for your use of the content found on this Site, the Cairn Materials and the Services.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE OR THROUGH THE SERVICES. WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVICES, OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE, THE SERVICES OR THE CAIRN MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES. THE LIMITATIONS IN THIS PARAGRAPH DO NOT APPLY TO ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.  

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

9. Third Party Content

Company or users may provide links to Web pages and content of third parties as a service to those interested in such links and content, and Company may post third party content or allow users to post their content or third party content to the Site or through the Services (such content is collectively referred to as "Third Party Content"). Company does not monitor or have any control over any Third Party Content or third party Web sites. Company does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk.

10 Third Party Services

The Site or the Services may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (collectively the "Third-Party Services"). Company is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, Company makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services.

11. Advertisements

Company may run advertisements and promotions from third parties on the Site or through the Services.

12. Mobile Services

The Cairn app requires the use of mobile devices and wireless services. The Company does not charge for its Services provided to end users. However, your mobile service provider may charge you for those services that it provides, which are related to the Company Services. You should check with your mobile service provider to learn about such charges. By using the Services, you agree that the Company may communicate with you regarding the Services by SMS, text message, email or other electronic means to your mobile device or email address.

13. Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to Company (other than “User Content”, as defined below), are non-confidential and shall become the sole property of Company. You agree Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

14. User Posted Content & Other Interactive Services or Areas

The Site or the Services may from time to time include areas in which users may post content and information (the "User Content") and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site or the Services any of the following:

  1. User Content that is false, deceptive, deceitful, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable;
  2. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;
  3. User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas, the Site or the Services, or which may expose Company or its users to any harm or liability of any type.

Additionally, you agree not to:

  1. Use the Services to impersonate a third party or load the Cairn software on a third party’s mobile device without their permission;
  2. Copy, reproduce, or use Company content/data such as cell signal data without the written permission of Company and with proper attribution requirements.
  3. Use the Services or collect personal data about others for unlawful purposes;
  4. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site or the Services - unless expressly permitted by the Company;
  5. Attempt to gain unauthorized access to the Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Cairn website;
  6. Use any form of automated device or computer program that enables the capturing of company data or the submission of postings without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit or pull data in bulk, or for automatic scraping, copying, submission of data at regular intervals.

To the fullest extent permitted by applicable law, Company disclaims all liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

If you post User Content to the Site or through the Services, you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. If applicable local law does not allow the above rights to be granted in perpetuity, you agree that they shall be granted for the maximum period allowed, being no less than the duration of the relevant intellectual property right. You grant Company and its affiliates and sublicenses the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and the Services and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

15. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Company, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or the Services or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission by the Company).

16. Applicable Law and Venue
These Site Terms and your use of the Site and Services shall be governed by and construed in accordance with the laws of the United States of America and the State of Washington applicable to agreements made and to be entirely performed within the State of Washington (even if your use is outside of the State of Washington), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Site, the Services or these Site Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. The requirements in this paragraph 16 shall not apply where and to the extent they are prohibited by the local law in the country where you live.


17. Arbitration
You and Company agree that except as otherwise specifically provided in this paragraph, any controversy or claim arising out of or relating in any way to these Site Terms, or the breach thereof, or to the Site and/or the Services shall be settled exclusively by arbitration administered by the American Arbitration Association (the "AAA") in accordance with its Commercial Arbitration Rules and, in the case of consumer disputes, with the AAA's Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), and that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that without waiving any remedy under these Site Terms, injunctive or other appropriate relief may be sought from any court specified.


18. Termination
Notwithstanding any of these Site Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and the Services, 


19. Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

20. Questions & Contact Information
Questions or comments email us at adventure@cairnme.com.