TERMS & CONDITIONS
General Disclaimer; Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF BACKCOUNTRY DISCOVERY ROUTES (“BDR”) ROUTES, GPS TRACKS, AND THE BDR WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEB SITE AND THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN 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.
IN NO EVENT SHALL BDR, ITS DIRECTORS, EMPLOYEES OR 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 CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEB-SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED THROUGH THE WEBSITES 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. IN NO EVENT SHALL 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 TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BDR FOR ACCESS TO OR USE OF THE WEBSITES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BDR OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES WHATSOEVER ARISING FROM OR RELATING TO THE DATA, THE SITE, OR SERVICE, WHETH-ER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE GPS TRACKS ARE PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, THEY ARE PROVIDED "AS IS," WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BDR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE APPLICATIONS, THE SITE AND THE SERVICE AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE GPS TRACKS, THE SITE OR THE SERVICE WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS, AND BDR SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE APPLICATIONS, THE SITE OR THE SERVICE OR ANY OTHER PRODUCT OR SERVICE ASSOCIATED THEREWITH.
YOUR USE OF AND ACCESS TO BDR ROUTES, GPS TRACKS AND THE BDR WEBSITE MAY ONLY BE FOR YOUR PERSONAL, NON-COMMERCIAL USE. YOUR SALE, OR OTHER COMMERCIAL OR BUSINESS USE, OF BDR ROUTES OR GPS TRACKS IS EXPRESSLY PROHIBITED. NEITHER YOUR USE OF NOR ANY TERM HEREIN PROVIDES, RESULTS OR TRANSFERS ANY INTEREST IN AND TO BDR ROUTES, GPS TRACKS OR THE BDR WEBSITE (OR THE INTELLECTUAL PROPERTY THEREOF), TO YOU; ALL SUCH INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION ALL BDR COPYRIGHTS AND TRADEMARKS, SHALL BE AND REMAIN THE EXCLUSIVE PROPERTY OF BDR. FOR CLARITY, YOUR USE RIGHTS HEREUNDER SHALL NOT INCLUDE THE RIGHT TO PUBLISH, DISCLOSE, ASSIGN, COPY, RENT, MODIFY, MERGE, PUBLISH, SELL, TRANSFER, DECOMPILE OR REVERSE ENGINEER BDR ROUTES OR GPS TRACKS, OR ANY PART THEREOF.
Governing Law; Jurisdiction
These Terms of Service are governed by the laws of the State of Washing-ton and the United States of America, without regard to any conflict of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to the Site or the Service 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 over any suit, action or proceeding arising out of these Terms of Service.
