These Terms of use ("Agreement") governs the use of the mobile application ("the App") that are made available by BC Search and Rescue Association ("BCSARA", "We", "Us"). These Terms of use represent the whole agreement and understanding between BCSARA and the individual or entity who uses the App ("You").
PLEASE READ THIS AGREEMENT CAREFULLY. By your use of the App, you agree to comply with all of the terms and conditions set out in this Agreement.
BCSARA may, in its sole discretion, change or modify this Agreement at any time, with or without notice. It is your responsibility to read this document from time to time to ensure that your use of the App remains in compliance with this Agreement.
BCSARA has not reviewed, and cannot review, all of the material, including computer software, posted in the App, and cannot therefore be responsible for that material's content, use or effects. By providing the App, BCSARA does not represent or imply that it endorses the material included therein, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BCSARA disclaims any responsibility for any harm resulting from the use of the App.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the App, and that link to the App. BCSARA does not have any control over those sources, and is not responsible for their contents or their use. By linking to a non App website or webpage, BCSARA does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BCSARA disclaims any responsibility for any harm resulting from your use of non App websites and webpages.
As BCSARA asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located in or linked to by the App violates your copyright, you are encouraged to notify BCSARA. BCSARA will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
This Agreement does not transfer from BCSARA to you any BCSARA or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BCSARA. BCSARA and all other trademarks, service marks, graphics and logos used in connection with the App are trademarks or registered trademarks of BCSARA or BCSARA's licensors. Other trademarks, service marks, graphics and logos used in connection with the App may be the trademarks of other third parties. Your use of the App grants you no right or license to reproduce or otherwise use any BCSARA or third-party trademarks.
BCSARA reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of the App following any changes to this Agreement constitutes acceptance of those changes. BCSARA may also, in the future, offer new services and/or features in the App (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
BCSARA may terminate your access to all or any part of the App at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the App. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The App is provided "as is". BCSARA and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither BCSARA nor its suppliers and licensors, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and calculations found or offered in the App for any particular purpose. You acknowledge that such information and calculations may contain inaccuracies or errors and BCSARA expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
You understand that you obtain information through the App at your own discretion and risk, for which BCSARA shall not be liable. It shall be your own responsibility to ensure that any information available through the App meet your specific requirements.
In no event will BCSARA, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BCSARA under this agreement during the twelve (12) month period prior to the cause of action. BCSARA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the App will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the App will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless BCSARA, its contractors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the App, including but not limited to your violation of this Agreement.
The rights and obligations of the parties pursuant to this Agreement is governed by, and shall be construed in accordance with, the laws of the province of British Columbia and the federal laws of Canada.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.