Last Revised: 04/25/2025

The following Data Access and Use Agreement (the “Data Agreement”) constitutes a binding agreement between you and Airborne Snow Observatories Inc. (“ASO,” “we,” or “us”) with respect to your use of our data portal located at https://data.airbornesnowobservatories.com/ (the “Portal”) and any data stored on the Portal, including data and reports on snowpack levels, surface temperature, and recent precipitation (the “Data” and together with the Portal, the “Offerings”).

BY ACCESSING OR USING THE OFFERINGS IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THIS DATA AGREEMENT AND OUR PRIVACY NOTICE, WHICH IS INCORPORATED HEREIN BY REFERENCE, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO NOT AGREE TO THIS DATA AGREEMENT OR OUR PRIVACY NOTICE, DO NOT USE THE OFFERINGS.

THIS DATA AGREEMENT ALSO INCLUDES A JURY TRIAL WAIVER WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE WITH A JUDGE AND NOT A JURY. THE DATA AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AND ASO AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

TO THE EXTENT THAT THIS DATA AGREEMENT CONFLICTS WITH THE TERMS OF USE GOVERNING ACCESS AND USE OF THE WEBSITE AND THE SERVICES AND CONTENT ON THE WEBSITE, THE TERMS OF THIS DATA AGREEMENT SHALL GOVERN SOLELY WITH RESPECT TO THE SUBJECT MATTER WITHIN THIS DATA AGREEMENT.

Contents:

  1. Changes to Data Agreement
  2. Account
  3. Scope of and Restrictions on Use
  4. Oversight
  5. Ownership, Intellectual Property, and Attribution
  6. Electronic Communications
  7. Privacy Notice
  8. Change and Suspension
  9. Disclaimer; Limitation of Liability
  10. Indemnification
  11. Third-Party Materials
  12. U.S. Export Controls
  13. Miscellaneous
  14. Questions
  15. Notice to California Residents

1. CHANGES TO DATA AGREEMENT.

We may revise and update this Data Agreement from time to time at our sole discretion. The date this Data Agreement was last updated is set forth at the top of this page. All changes are effective immediately, and apply to all access to and use of the Offerings thereafter. Your continued use of the Offerings following the posting of the revised Data Agreement means that you accept and agree to the changes.

  • “flood” the Offerings with requests or otherwise overburden, disrupt, or harm the Offerings or our systems;
  • restrict or inhibit other users from accessing or using the Offerings;
  • modify or delete any copyright, trademark, or other proprietary rights notices thatappear on the Portal or in the Content;
  • adapt, copy, modify, translate, or otherwise create derivative works or improvementsof the Offerings, in whole or in part;
  • reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt toderive or gain access to the source code of the Offerings, or any part of Offerings, ormethods used to compile the Content; or
  • access or use the Offerings or Content for any unlawful purpose or otherwise beyondthe scope of the rights granted herein.In no event may you sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of the Content, or use of, or access to, the Offerings under this Data Agreement, and without further contracting for such licensing rights with ASO. If you wish to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of the Content or use of, or access to, the Offerings, you may contact ASO using our contact information in Section 14 to discuss potential commercial options. You also may not incorporate the data into any goods or services without our express written permission.

2. Account

2.1 LOGIN REQUIRED.

In order to access some of the Offerings, you will be asked to set up an account and password on the Portal. Our account registration page requests certain personal information from you (the “Registration Info”). By creating an account on the Portal, you agree that all Registration Info you provide to us is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

2.2 PASSWORDS AND SECURITY.

If you register for an account on the Portal, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. You may not share your account or password with anyone or allow anyone else to access or use your account. You agree to immediately notify us of any unauthorized access to or use of your account, or any other breach of security. We are not responsible or liable for any loss or damage arising from your failure to protect your account information, including your username or password.

2.3 DISCLOSURE TO THIRD PARTIES.

You hereby grant us the right to disclose to third parties certain Registration Info about you in compliance with our Privacy Notice.

3. SCOPE OF AND RESTRICTIONS ON USE.

Subject to this Data Agreement, ASO grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Offerings “”for your personal, non-commercial use, including any audio files, graphics, instructions, images, measurements, sounds, text, videos, and other materials you may view on, access through, or are otherwise related to the Offerings (collectively, the “Content”). Except as otherwise provided in this Data Agreement, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be modified, redistributed, or reused for any purpose, without the express written permission of ASO. You agree not to:

  • collect information, including, without limitation, Content from the Offerings using an automated software tool or manually on a mass basis (for example, “scraping”);
  • use automated means to access the Offerings, or gain unauthorized access to the Offerings, or to any account or computer system connected to the Offerings;
  • obtain, or attempt to obtain, access to areas of the Portal or our systems that are not intended for access by you;

4. OVERSIGHT.

4.1

The Offerings may contain technological measures designed to prevent unauthorized or illegal use of the Offerings. You acknowledge and agree that (a) ASO may use these and other lawful measures to verify your compliance with the terms of this Data Agreement and enforce ASO’s rights, including all ownership and intellectual property rights, in and to the Offerings; and (b) ASO may deny any individual access to and/or use of the Offerings if ASO, in our sole discretion, believes that your use of the Offerings would violate any provision of this Data Agreement.

4.2

You acknowledge and agree that ASO may ask for and you will promptly comply with (a) any request for a certification, affidavit, or other documentation which attests that you have not violated this Data Agreement and (b) any questionnaire related to your use of the Offerings, including the Data. You represent, warrant, and covenant that any information provided in response to this section is complete, truthful, and accurate.

4.3

You acknowledge and agree that if ASO believes, in its sole discretion, that your use of the Offerings would violate any provision of this Data Agreement, that you grant ASO the right, or upon our election, to a third party on our behalf, to perform an assessment, audit, examination, or review of your use of the Data, including examining any machines or systems used in connection with the Data. You agree to fully cooperate with such assessment by providing access to knowledgeable personnel, physical premises, documentation, infrastructure, and application software that uses, stores, or otherwise processes the Data.

4.4

You agree to collect and record information and maintain audit trails, records, and reports concerning your access and use of the Offerings, including the Data.

5. OWNERSHIP, INTELLECTUAL PROPERTY, AND ATTRIBUTION.

5.1

As between you and ASO, ASO owns the Offerings (including the Content) which are protected under copyright, trademark, and other applicable United States and international laws and treaties. ASO owns copyright in the arrangement, coordination, enhancement, and selection of the Offerings, as well as in the Content original to ASO. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Portal and Data are registered and unregistered marks of ASO. You acknowledge and agree that, as between you and ASO, ASO is and shall remain the sole owner of the Offerings and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto. If you are deemed to have any ownership interest in any Offerings, including any derivative works or Data thereto, then you shall assign, and hereby do assign, irrevocably and royalty-free, all of such ownership interest or other rights exclusively to ASO. You shall, at ASO’s reasonable request and at your expense, complete, execute, and deliver any and all documents necessary to effect or perfect such assignments. You shall not remove, alter, cover, or obfuscate any copyright notices, marks, attribution statements, or other proprietary rights notices in the Offerings.

5.2

If you include any Data , or analysis, research, or work which used or is derived from any Data, in any publications or for public disclosure, you must include proper attribution to ASO as the source of the Data, as shown below, and if ASO personnel are not included in authorship, you must provide ASO with a pre-submission draft of such publication for ASO’s approval to the email address in Section 14 of this Data Agreement. If ASO approves the publication of the Data, ASO will notify you of the respective funding entity that must also be included in the approved attribution within the publication(s).

Attribution statement: “Measurements and related data collected and made available by Airborne Snow Observatories, Inc. and funded by [FUNDING ENTITY’S NAME AS PROVIDED BY ASO].”

5.3

You agree to cooperate at your own expense with us in any litigation, investigation, or other action deemed necessary by us to protect our rights relating to ownership rights and enforcement of the obligations contained in this Data Agreement.

6. ELECTRONIC COMMUNICATIONS.

The communications between you and ASO via the Offerings use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

7. PRIVACY NOTICE.

You acknowledge and agree that all information collected by ASO is subject to our Privacy Notice. By using the Offerings, you consent to all actions we take with respect to your information in compliance with our Privacy Notice.

8. CHANGE AND SUSPENSION.

8.1 CHANGES TO THE OFFERINGS.

ASO reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Offerings or any portion thereof (including any Content) at any time. You agree that ASO will not be liable to you or to any third party for any such change, discontinuance, or suspension.

8.2 SUSPENSION/TERMINATION OF ACCESS.

ASO has the right to deny access to, and to suspend or terminate your access to, the Offerings or to any features or portions thereof, at any time and for any reason, including if you violate this Data Agreement. If we suspend or terminate your access to the Offerings, you will continue to be bound by the Data Agreement that was in effect as of the date of your suspension or termination, except that you shall immediately delete or destroy all copies of any Data and/or Content in your possession or control and, upon ASO’s request, shall deliver to ASO a certification in writing that all Data and/or Content has been deleted or destroyed.

9. DISCLAIMER; LIMITATION OF LIABILITY.

9.1 DISCLAIMER OF WARRANTIES.

THE OFFERINGS AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND ASO HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER ASO, NOR ANY PERSON ASSOCIATED WITH ASO, MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, AVAILABILITY, COMPLETENESS, QUALITY, RELIABILITY, OR SECURITY OF THE OFFERINGS OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER ASO, NOR ANYONE ASSOCIATED WITH ASO, REPRESENTS OR WARRANTS THAT THE OFFERINGS OR THE CONTENT WILL BE ACCURATE, ERROR-FREE, RELIABLE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE OFFERINGS, THE CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE OFFERINGS OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

9.2 LIMITATION OF LIABILITY .

IN NO EVENT WILL ASO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE OFFERINGS OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY OR DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 9.2, ASO IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THIS DATA AGREEMENT, IN NO EVENT WILL ASO’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE GREATER OF THE FEES FOR ANY OFFERINGS OR U.S. $10.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS DATA AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE OFFERINGS IS AT YOUR SOLE RISK.

9.3 REIMBURSEMENT.

You shall reimburse us for all actual documented expenses incurred by us in enforcing our rights under this Data Agreement. In addition, if you have violated Section 3 of this Data Agreement, you shall reimburse us for the reasonable costs incurred by us due to such violation, including any dilution in the value of the Data pursuant to your violation. Furthermore, if you have sold, relicensed, or otherwise profited from the Data, you agree to reimburse us for total profits made from such Data.

9.4 EXCLUSIONS.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 9 may not apply to you.

10. INDEMNIFICATION.

You agree to indemnify, defend, and hold ASO and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Offerings and/or any Content, or any violation of this Data Agreement or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event, you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Offerings and/or this Data Agreement.

11. THIRD-PARTY MATERIALS.

The Offerings may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, the “Third Party Materials”). You acknowledge and agree that ASO is not responsible for any Third-Party Materials, including their accuracy, completeness, decency, legality, quality, timeliness, validity, or any other aspect thereof. ASO does not assume and will not have any liability to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and are subject to such third parties’ terms and conditions.

12. U.S. EXPORT CONTROLS.

The Offerings may be subject to United States export laws, including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Offerings to, or make the Offerings accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, rules, and regulations, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Offerings available outside the United States.

13. MISCELLANEOUS.

13.1 GEOGRAPHIC RESTRICTIONS.

ASO is based in the State of Colorado in the United States. We make no claims that the Offerings or the Content are accessible or appropriate outside of the United States. Access to and use of the Offerings may not be legal by certain persons or in certain countries. If you access the Offerings from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

13.2 GOVERNING LAW; JURISDICTION AND VENUE; JURY TRIAL AND CLASS ACTION WAIVER.

This Data Agreement and any dispute or claim arising out of or related to this Data Agreement, its subject matter, or its formation (in each case, including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of the State of Colorado, United States of America without reference to conflict of law principles or case law that would result in the application of the law of any other jurisdiction. Any legal action brought under or in connection with the subject matter of this Data Agreement shall be brought only in the United States District Court for the District of Colorado or, if such court would not have jurisdiction over the matter, then only in a Colorado State court sitting in Denver, Colorado. Each party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of this Data Agreement in any other court or forum. Each party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of this Data Agreement in the federal or state courts sitting in Denver, Colorado, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum. YOU AND ASO EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY. FURTHER, YOU AND ASO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

13.3 LIMITATION ON TIME TO FILE CLAIMS.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS DATA AGREEMENT OR THE OFFERINGS (INCLUDING THE CONTENT) MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13.4 WAIVER AND SEVERABILITY.

Our failure to exercise or enforce any right or provision of this Data Agreement will not constitute a waiver of such right or provision. If any provision of this Data Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of this Data Agreement will continue in full force and effect.

13.5 ENTIRE AGREEMENT.

This Data Agreement, including our Privacy Notice, constitutes the sole and entire agreement between you and ASO with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

14. QUESTIONS.

If you have any questions about the Offerings or this Data Agreement, please email us at terms@airbornesnowobservatories.com.

15. NOTICE TO CALIFORNIA RESIDENTS.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.