Website Terms of Use

Last Revised: 4/25/2025

The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and Airborne Snow Observatories, Inc. (“ASO,” “we,” or “us”) with respect to your use of https://www.airbornesnowobservatories.com/ (the “Site”) and the services and content available on the Site (collectively with the Site, 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 THESE TERMS OF USE 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 THESE TERMS OF USE OR OUR PRIVACY NOTICE, DO NOT USE THE OFFERINGS.

THESE TERMS OF USE ALSO INCLUDE A JURY TRIAL WAIVER WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE WITH A JUDGE AND NOT A JURY. THE TERMS OF USE ALSO INCLUDE 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 THE TERMS OF USE CONFLICT WITH THE DATA AGREEMENT GOVERNING ACCESS AND USE OF THE DATA OR DATA PORTAL ON THE SITE, THE TERMS OF THE DATA AGREEMENT SHALL GOVERN SOLELY WITH RESPECT TO THE SUBJECT MATTER THEREIN.

Contents:

1. Changes to Terms of Use
2. Scope of and Restrictions on Use
3. Ownership
4. Electronic Communications
5. Privacy Notice
6. Change and Suspension
7. Disclaimer; Limitation of Liability
8. Indemnification
9. Third Party Materials
10. Linking to the Site
11. U.S. Export Controls
12. Miscellaneous
13. Questions
14. Notice to California Residents

1.CHANGES TO TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were 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 Terms of Use means that you accept and agree to the changes.

2. SCOPE OF AND RESTRICTIONS ON USE.

Subject to these Terms of Use, 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 these Terms of Use, 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 Site or our systems that are not intended for access by you;
• “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 Site 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.

3. OWNERSHIP.

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 Content, as well as in the Content original to ASO. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site 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.

4. 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.

5. 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.

6. CHANGE AND SUSPENSION.

6.1 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.

6.2 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 these Terms of Use. If we suspend or terminate your access to the Offerings, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

7. DISCLAIMER; LIMITATION OF LIABILITY.

7.1 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.

7.2 LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW.

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 7.2, ASO IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF USE, 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 THESE TERMS OF USE FAIL IN THEIR ESSENTIAL PURPOSE. USE OF THE OFFERINGS IS AT YOUR SOLE RISK.

7.3 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 7 may not apply to you.

8. 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 these Terms of Use 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 these Terms of Use.

9. 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.

10. LINKING TO THE SITE.

You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

11. U.S. EXPORT CONTROLS.

12. MISCELLANEOUS.

12.1 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.

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

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by 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 laws of any other jurisdiction. Any legal action brought under or in connection with the subject matter of the Terms of Use 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 the Terms of Use 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 the Terms of Use 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.

12.3 LIMITATION ON TIME TO FILE CLAIMS.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE 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.

12.4 WAIVER AND SEVERABILITY.

12.5 ENTIRE AGREEMENT.

These Terms of Use, including our Privacy Notice, constitute the sole and entire agreement between you and ASO with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

13. QUESTIONS.

If you have any questions about the Offerings or these Terms of Use, please email us at terms@airbornsnowobservatories.com.

14. 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.