Terms of Use
Your use of this application is covered by the following terms and conditions:
READ THIS AGREEMENT BEFORE INSTALLING OR USING THE SOFTWARE
This License Agreement is between you and Mapgears Inc. If you are agreeing to this Agreement not as an individual but on behalf of your company, then “you” means your company, and you are binding your company to this Agreement. Mapgears may modify this Agreement from time to time, subject to the terms in section “Changes to this Agreement” below.
BY CLICKING ON THE “I AGREE” BUTTON OR BY DOWNLOADING OR OTHERWISE INSTALLING OR USING THE SOFTWARE, YOU ARE AGREEING TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THIS AGREEMENT, DO NOT DOWNLOAD OR USE THIS SOFTWARE.
TERMS AND CONDITIONS
This copy of a MAPGEARS MOBILE APPLICATION and accompanying documentation and data files (“the Software”) is licensed and not sold. This Software is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Mapgears Inc or its subsidiaries, affiliates, partners and suppliers (collectively “Mapgears”) own intellectual property rights in the Software. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software is subject to these rights and to all the terms and conditions of this License Agreement (“Agreement”).
License Grant
Subject to the terms and conditions of this Agreement, Mapgears grants you a non-exclusive and non-sublicensable license to install and use the Software during the applicable License Term. The term of each Software license (“License Term”) will be specified in your Order.
Number of Instances
Unless otherwise specified in your Order, for each Software license that you purchase, you may install one instance of the Software on devices owned or operated by you and linked to a single Apple Store or Google Play account.
Restrictions on Transfer
Without first obtaining the express written consent of Mapgears, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software.
Restrictions on Use
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software.
If the Software is provided as a no-cost training, demonstration or evaluation (collectively, “No-Cost”) license, then the following restrictions apply: No-Cost licenses cannot be, by any means, licensed, transferred, sold, or otherwise used for any production or commercial purpose. No-Cost licenses are to be used solely for the purposes of proof of concept, prototypes, demonstrations, evaluations and internal learning.
Restrictions on Copying
You may not make additional copies of the Software beyond what is reasonably required for internal backup protection.
Disclaimer of Warranties and Limitation of Liability
THE SOFTWARE, SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU ARE NAVIGATING AND USING THE SOFTWARE, SERVICES AND CONTENT AT YOUR OWN RISK. MAPGEARS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE SOFTWARE, SERVICES OR CONTENT, INCLUDING, PARTICULARLY, WARRANTIES (i) FOR QUALITY AND CONFORMITY OF INFORMATION SHOWN ON EXTERNAL SITES OR FOR NON-VIOLATION OF THIRD PARTIES’ RIGHTS; (ii) FOR THE SOFTWARE’S, SERVICES’ OR CONTENT’S SECURE FUNCTIONING WITHOUT INTERRUPTION OR ERROR; (iii) FOR THE SATISFACTION OF YOUR NEEDS AND EXPECTATIONS WHEN USING THE SOFTWARE; (iv) FOR THE SOFTWARE’S, SERVICES’ OR CONTENT’S ACCURACY, COMPREHENSIVENESS, RELIABILITY OR RELEVANCE; (v) FOR THE CORRECTION OF DEFAULTS OR ERRORS IN THE SOFTWARE, SERVICES OR CONTENT; (vi) FOR THE ABSENCE OF VIRUSES OR HARMFUL ELEMENTS IN THE SOFTWARE, SERVICES OR CONTENT; AND (vii) FOR THE SECURE OR WITHOUT INTERCEPTION TRANSMISSION OF COMMUNICATIONS THROUGH THE SOFTWARE, SERVICES OR CONTENT.
MAPGEARS, ITS AFFILIATED COMPANIES AND THEIR ADMINISTRATORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, CANNOT UNDER ANY CIRCUMSTANCES BE HELD RESPONSIBLE FOR DAMAGES OF ANY KIND, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OR FROM THE PERFORMANCE OF THE SOFTWARE, SERVICES, CONTENT OR EXTERNAL SITES, EVEN IF THEY KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.
MAPGEARS, ITS AFFILIATED COMPANIES AND THEIR ADMINISTRATORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, ASSUME NO LIABILITY FOR ANY OF THE SOFTWARE’S THIRD PARTY USER’S, SERVICES’ AND ADVERTISER’S OR SPONSOR’S ACT, OMISSION OR CONDUCT, AND CANNOT UNDER ANY CIRCUMSTANCES BE HELD RESPONSIBLE OF ANY PREJUDICE, LOSS, DAMAGE OR COST ARISING IN ANY WAY FROM (i) THIRD PARTY USERS’ ACT, OMISSION OR CONDUCT; AND (ii) THE USE OR THE INCAPACITY TO USE ANYTHING SUCH AS SOFTWARE, CONTENT, PRODUCTS OR SERVICES OF A SITE OR OFFERED THROUGH A SITE LINKED TO THE SOFTWARE.
Changes to this Agreement
Mapgears may update or modify this Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you. If we modify the Agreement during your License Term or Subscription Term, the modified version will be effective upon your next renewal of a License Term, Support and Maintenance term, or Subscription Term, as applicable. In this case, if you object to the updated Agreement, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. With respect to No-Cost Products, accepting the updated Agreement is required for you to continue using the No-Cost Products.
Governing Law and Jurisdiction
The laws of the province of Quebec, Canada, govern this Agreement. Any and all disputes shall be resolved in a court of competent jurisdiction in Quebec, Canada.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
“MAPGEARS MOBILE” LICENSE AGREEMENT v1.0 – Last Revision: 2018-12-10
USE TRAIL AT YOUR OWN RISK
- You must know and obey the Ontario Motorized Snow Vehicles Act (MSVA)
- You must use caution at all times
- Emergency and cell phone service may not be available
ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILTY
THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS PLEASE READ CAREFULLY!
As a condition of use of OFSC Prescribed Trails, the operator or passenger of a snowmobile agrees to never leave the trail base and assumes all risk of personal injury, death or property loss resulting from any cause whatsoever including but not limited to the risks, dangers and hazards of snowmobiling; collision with natural or man made objects, other persons or grooming equipment and other snowmobiles; travel within or beyond the authorized trail boundaries; or negligence, breach of contract or breach of statutory duty of care of the part of the Ontario Federation of Snowmobile Clubs (OFSC), its member clubs and districts, their respective directors, officers, employees, volunteers, landowners, independent contractors, subcontractors, representatives, sponsors, successors and assigns (hereinafter collectively referred to as the “OFSC”).
The operator of a snowmobile agrees that the OFSC shall not be liable for any such personal injury, death or property loss and releases the OFSC and waives all claims with respect thereto. The operator of a snowmobile agrees that any litigation involving the OFSC shall be brought within the exclusive jurisdiction of the court of the Province of Ontario. The operator of a snowmobile further agrees that these conditions and any rights, duties and obligations as between the OFSC and the trail permit holder shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction. (Refer to www.ofsc.on.ca). The operator of a snowmobile agrees that they have a duty to inform all passengers of the assumption of risk, release and waiver of liability conditions of use.
The online Interactive Trail Guide (ITG) available at www.ofsc.on.ca is the sole source of Trail Availability status information. The Trail Status information posted here is for general information only and does not necessarily reflect the Trail Status at the time of your ride or the actual local trail conditions you may encounter. The Trail Availability Status is gathered from club volunteers and is valid only at the time of their observation. Their observations may not meet your expectations and the Trail Status may vary from the time of posting. The Trail Status may vary throughout the day due to changing conditions such as temperature, snow quality, type of terrain and usage.
Snowmobiling is an off-road experience in a non-engineered wilderness environment. As snowmobiling occurs in an unpredictable and uncontrollable natural setting, there are inherent risks which demand constant rider preparedness, vigilance, caution, unimpaired reaction and smart choice. Legislated speed limits represent the maximum permitted speed and not a recommended rate of travel. Operators must exercise caution at all times, be prepared for the unexpected and only travel at a speed which ensures their safety and that of passengers based on their personal assessment of many factors including: terrain, trail familiarity, trail width, snowmobile equipment, personal attires, cognitive skills, experience, weather, visibility, traffic and grooming. In many instances, operators will choose a speed which is substantially lower than the maximum legislated limit.
Trail signs are posted by volunteers for your convenience for situations where there is an expectation that a safe, prudent and legal operator would un-expectantly be required to take evasive action such as heavy braking or steering. Operators should familiarize themselves with snowmobile trail signs as they are not the same as the signs associated with engineered roadways. As signs are installed as a courtesy, there isn’t any guarantee that they will be there at any given time due to wind, rain, storms or vandalism.
This Interactive Trail Guide is intended only as a reference. The Ontario Federation of Snowmobile Clubs accepts no responsibility or liability for any discrepancies, inaccuracies, errors or omissions which may occur, for actual trail conditions encountered on any trails shown on this trail guide, or for any resulting loss or damage.
More information available at www.ofsc.on.ca.