Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials
(GPX or KML files, hike narratives) on Modern Hiker’s web site for personal,
non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software or materials contained on Modern Hiker’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Modern Hiker at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Modern Hiker’s web site are provided “as is”. Modern Hiker makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Modern Hiker does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site or accessible on any offline “mobile app” versions of any materials provided by Modern Hiker.
In no event shall Modern Hiker or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption, or personal injury or hardship) arising out of the use or inability to use the materials on Modern Hiker’s Internet site, even if Modern Hiker or a Modern Hiker authorized representative has been notified orally or in writing of the possibility of such damage. Due to changing traffic conditions, road construction, State and Local park, US Forest Service and National Park Service or other land management agency policies and weather and climate issues including wildfires, natural disasters, and other unforeseeable changes, Modern Hiker does not assume any responsibility or liability for the accuracy of directions and trail conditions. Modern Hiker is a researching resource but should not be the sole source of information when hiking. Recreation in the outdoors is done at your own risk and Users acknowledge they are responsible for their own safety and well-being on the trail. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Modern Hiker’s web site could include technical, typographical, or photographic errors. Modern Hiker does not warrant that any of the materials on its web site are accurate, complete, or current. Modern Hiker may make changes to the materials contained on its web site at any time without notice. Modern Hiker does not, however, make any commitment to update the materials.
Modern Hiker has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Modern Hiker of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to Modern Hiker’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
Additional Terms and Conditions for off-site App Access and Data
1. Acknowledgement: Modern Hiker, LLC and the End-User acknowledge that the EULA is concluded between Modern Hiker, LLC and the End-User only, and not with Apple, and Modern Hiker, LLC, not Apple, are solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for Licensed Applications that are in conflict with, the App Store Terms of Service as of the Effective Date (which You acknowledge You have had the opportunity to review).
2. Scope of License: The license granted to the End-User for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support: Modern Hiker, LLC and its App Developer are solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. Modern Hiker, LLC and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: Modern Hiker, LLC must be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The EULA provides in the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
5. Product Claims: Modern Hiker, LLC and the End-User acknowledge that Modern Hiker, LLC, not Apple, are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks.
6. Intellectual Property Rights: Modern Hiker, LLC and the End-User acknowledge that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, Modern Hiker, LLC and its App Developer(s), not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: The End-User represents and warrant that (i) he/she is 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 (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: Modern Hiker, LLC can be contacted at [email protected] for any End-User questions, complaints or claims with respect to the Licensed Application should be directed.
9. Third Party Terms of Agreement: The End-User must comply with applicable third party terms of agreement when using Your Application, e.g., if You have a VoIP application, then the End-User must not be in violation of their wireless data service agreement when using Your Application.
10. Third Party Beneficiary: Modern Hiker, LLC and the End-User acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the End-User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.