Effective: Saturday, February 3, 2024
These Terms of Service (the “Terms”) govern your use of any website (“the Site”), mobile application (“the App”), or other online digital service or platform (collectively “Services”) owned or operated by MAPO LLC (“MAPO,” “we,” “our,” “us,” “the Company”). This includes, but is not limited to, mapotechnology.com, mapofire.com, and mapotrails.com (collectively “the Sites”).
These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and MAPO, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “effective” date of these Terms. You waive any right to receive specific notice of each such change. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Your use of the Site is subject to MAPO’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. At any time, we may request you to confirm you have been advised, read, and understand of our Term of Service and that you agree to them through email, notices on the website, or other electronic means.
You must be at least thirteen (13) years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority where you are located), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13).
Visiting the Site or sending emails to MAPO constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
MAPO offers website users the opportunity to create an online account with our websites. While MAPO maintains multiple websites, they are all accessible using one, main account and does not require separate accounts for each website. An account is optional, at no cost to you, and not required to use the website; however, some features on the Site are unavailable to users who do not have an account. If you create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MAPO is not responsible for third party access to your account that results from theft or misappropriation of your account. MAPO and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
By creating, maintaining, using, or accessing your account, you give MAPO permission to add the information you provided to MAPO, including your first and last name, email address, phone number, and/or location to our mailing list and send you periodic emails at our discretion. You can opt-out of our mailing list by clicking the “unsubscribe” link or button at the bottom of the email that was sent to you. See our Privacy Policy for additional details on opting-out of MAPO’s mailing list.
By using the Site, you agree and acknowledge that:
Some services or features on the Site may require you to subscribe for recurring fees or pay a fixed, one-time fee. Creating a new or logging into an existing account is required. If you choose to use these paid services, you agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site and through our third-party payment processor, Stripe. You further agree to promptly update account and payment information, including email address, payment method, bank account details (for ACH payments), and payment card expiration dates, so that we can complete your transactions and contact you as needed.
We bill you through a secure, online billing service for purchases made via the Site. MAPO never collects any payment information that is stored in our databases. We may change prices at any time with or without notifying you. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, such as a subscription, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation by navigating to the “billing” section of your account and canceling the services you’ve subscribed to.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site. We may also offer a free trial for any of our paid services at any time, but make no guarantee if or when a free trial may be offered. The length of any free trial is at our discretion. If you sign up for a free trial at any point, you will not be charged for services until the end of the trial period.
MAPO provides an Android and web app version of OregonRoads–a winter travel and road information service within the State of Oregon. OregonRoads is considered a third-party app, built by us, using data and information provided via the Oregon Department of Transportation (ODOT)—an official government agency. However, this app is not an official government app, and is not affiliated or associated with ODOT or the State of Oregon in any way.
We make no warranty or guarantee that information provided with the OregonRoads app accurately depicts current conditions. Information within the app may be outdated or not accurately represent real-time weather or road conditions.
Using OregonRoads to make travel or route decisions is at your own risk and discretion. You should always follow or adhere to official travel information from ODOT via tripcheck.com, their social media, 5-1-1, or any other official dissemination outlets.
The MAP-o-Fire wildfire map, herein “the Map,” is an on-going development of interagency wildfire data and other fire-related information combined into a usable geographical information system (GIS) format. The Map is only to be used as a tool to help discover current and historic wildfire locations, their perimeters, and other wildfire-related data. The map should never be used as an official, final source of information when it comes to making pertinent, life-or-death, or other critical decisions. While information and data on the Map may be obtained from government agencies, you should never use the Map as an official government resource. MAPO reserves the right to use wildfire data from the Map in other formats, at our discretion. By using our Wildfire Map, you acknowledge and agree that:
There are no additional policies or Terms associated with this Service.
9.1 License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms. You shall not:
9.2 Android & Apple Devices
The following terms apply when you use the App obtained from either the Apple App Store or the Google Play Store (“App Distributor”) to access the Services:
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MAPO and MAPO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MAPO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MAPO of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any products, service, or functionality originating from the www.fireweatheravalanche.org domain, you hereby acknowledge and consent that MAPO may share such information and data with any third party with whom MAPO has a contractual relationship to provide the requested product, service, or functionality on behalf of MAPO users and customers.
MAPO uses various APIs to deliver structured data through the Services of the Site. These APIs are not available for use without express written consent from MAPO. Using or attempting to use MAPO’s APIs, without express written consent, will result in your IP address(es) being “blacklisted,” or otherwise blocked, from our Services.
At any time, MAPO may choose to authorize use of our APIs after a user completes a registration form and is assigned an API key, to track a specific user’s API usage. The usage of the API is bound by these Terms and may be revocable at any time.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a non-exclusive, non-transferrable, non-sublicensable, revocable, and limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site (refer to Section 12; Prohibited Activities). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site. Content contained with the Site is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MAPO.
As a user of the Site, you agree no to:
If you choose to create an account on the MAPO Site, you have the option to connect your MAPO account to a third party account, such as Google. By connecting your MAPO account to your Google account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on your Google Account). If you do not want information about you to be shared in this manner, do not use this feature. Read our Privacy Policy for more information.
The Site is controlled, operating, and administered by MAPO from our offices within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws applicable to you. You agree that you will not use MAPO text, graphics, logos, images, or other media, accessed through the Site, in any country or in any manner prohibited by any applicable laws, restrictions, or regulations wherever you are located.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
You agree to defend, indemnify, and hold harmless: MAPO, including any subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall by final and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL'S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUNITIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MAPO agree otherwise, the arbitrator may not consolidate more than one person's class, and may not otherwise preside over any form of a representative or class proceeding.
The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. MAPO may make improvements and/or changes in the Site at any time with or without any notice or warning.
MAPO makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty of conditions of any kind.
MAPO hereby disclaims all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall MAPO be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if MAPO has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.
MAPO reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and review of the courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MAPO as a result of these Terms of use of the Site. MAPO’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of MAPO’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MAPO with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and MAPO with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MAPO with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
We reserve the right to change these Terms periodically or at any time deemed necessary by us. We will notify you about significant changes by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information on this page. Your continued use of the Site and Services after such modifications will constitute your acknowledgment of, and agreement to abide by, the modified Terms.
MAPO welcomes your questions or comments regarding our Terms of Service. Please contact MAPO at:
MAPO LLC
69336 Summerville Rd.
Summerville, OR 97876
info@mapotechnology.com
A print copy of the Terms of Service is available here.