APP TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, icoat.de, THE APP POCKET MAPS 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 icoat.de site located at http://icoat.de (the "Site") and the information and other services provided therein, and to your use of the POCKET MAPS app accessed through your mobile device (together the "Services"). The Site and Services are owned and operated by icoat.de (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 modificaiton 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 form 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 Services.
USE OF POCKET MAPS IS AT YOUR OWN RISK
You assume all risk of using the app POCKET MAPS and engaging in all activities with which you use it. Company makes no guarantees regarding the reliability or accuracy of POCKET MAPS or any related service or any related data.
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 Company Materials and the Services.
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. Company makes no guarantee to your safety and you (and successor(s)/estate) agree to not hold it responsible for any injury or death.
POCKET MAPS is not FAA certified and must not be used for primary navigation. POCKET MAPS may not be used for life safety applications, or any other applications in which reliance on POCKET MAPS could give rise to a risk of personal injury or death. Company specifically disclaims any and all liability that may arise from the use of or reliance on POCKET MAPS or any related service or data.
The maps are graphical representation designed for general reference purposes only. This product may not meet Company standards for accuracy and content. Different data sources and input scales may cause some misalignment of data layers. No warranty is made by the Company for use of the data for purposes not intended by the Company.
Company shall not be held liable for improper or incorrect use of the app, services and data described and/or contained herein. The data and related graphics are not legal documents and are not intended to be used as such.
Company is not liable for any incidents arising from the use of the app, services and data. Trail ratings are intended to serve as a general overview of difficulty level and may vary from ratings in other areas or additional sources. Weather events can quickly alter trail conditions and increase difficulty levels; be prepared for changing conditions at all times.
The information contained in these data is dynamic and may change over time. The data are not better than the original sources from which they were derived. It is the responsibility of the data user to use the data appropriately and consistent within the limitations of geospatial data in general and these data in particular. The related graphics are intended to aid the data user in acquiring relevant data; it is not appropriate to use the related graphics as data.
Company gives no warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. Although these data have been processed successfully on a computer system, no warranty expressed or implied is made regarding the utility of the data on another system or for general or scientific purposes, nor shall the act of distribution constitute any such warranty. This disclaimer applies both to individual use of the data and aggregate use with other data.
Disclaimers and Acknowledgements Regarding Use of Site Information
THE SITE, THE COMPANY 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 PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS ON THE SITE OR PROVIDED THROUGH THE SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT COMPANY 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.
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 OR OTHERWISE UNDESIRABLE COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALEWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
Release
You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site and Services (including any interactions with, or act or omission of, other Site users or any Third-Party Links and Ads). If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
