Effective: Monday, November 1, 2021
Welcome to the official website ("the Site") of the Fire, Weather & Avalanche Center ("FWAC", "we", "our", or "us"). FWAC is a 501(c)(3) nonprofit organization that develops user-friendly backcountry tools for wildfire, avalanche, and weather. The Site is composed of various web pages and applications operated by FWAC and is offered to you conditioned on your acceptance, without modification, of the terms, conditions, notices, and policies, contained herein (the "Terms"). Your use of the FWAC website constitutes your agreement to all of our Terms in its entirety. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver, do not use our Services.
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), 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 FWAC 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.
FWAC offers website users the opportunity to create an online account with the 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 FWAC is not responsible for third party access to your account that results
from theft or misappropriation of your account. FWAC and its associates reserve the right to refuse or cancel service, terminate
accounts, or remove or edit content in our sole discretion.
FWAC is organized under Section 501(c)(3) of the Internal Revenue Code and is a non-profit organization with tax exemption status from the IRS. Users of the Site may choose to make a financial contribution (a "donation") to support FWAC's mission and costs of operating the organization. These contributions may be tax deductible for the donor for their personal tax purposes. Donations and financial contributions are not required to use the Site or register an account. FWAC uses PayPal to process online donations from website visitors. By using the Site, you agree and acknowledge that:
The FWAC Wildfire Map, hereinafter "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. Our Wildfire Map is only to be used as a tool to help discover current and historic wildfire locations. 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. FWAC 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:
FWAC may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FWAC and FWAC 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. FWAC is providing these links to you only as a convenience, and the inclusion of any link does not imply
endorsement by FWAC 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 FWAC may share such information and data with any third party with whom FWAC has a contractual relationship to provide the requested product, service, or functionality on behalf of FWAC users and customers.
By using the Site, including any of its products, services, or functionalities, you are granted a non-exclusive, non-transferable,
non-sublicensable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your
use of the Site, you warrant FWAC that 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. 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.
The Services, including the text, graphics, images, photos, videos, illustrations, and other content contained therein, are owned by FWAC, our supplies, or our licensors, and is protected by federal copyright, trademark, intellectual property, proprietary rights and applicable laws.
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. FWAC content 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 will use protected content solely for your personal use, and will make no other use of the content without the express written consent of FWAC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FWAC or our licensors except as expressly authorized by these Terms.
The Site is controlled, operating, and administered by FWAC 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 FWAC 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.
You agree to indemnify, defend, and hold harmless FWAC, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any terms of this Agreement or you violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. FWAC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FWAC in asserting any available defenses.
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 judgement 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 FWAC agree otherwise, the arbitrator may not consolidate more than one person's clais, 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. FWAC may make improvements and/or changes in the Site at anytime with
or without any notice or warning.
FWAC 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 kinds.
FWAC 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 FWAC 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 provided 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 FWAC 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.
FWAC 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, this agreement is 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 FWAC as a result of this agreement of use of the Site. FWAC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FWAC'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 FWAC with respect to such use. If any part of this agreement is determined to be invlid 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 the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FWAC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FWAC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement 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 this agreement and all related documents be written in English.
We reserve the right to change the Terms of Service periodically or when necessary. 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/or Services available through this Site after such modifications will constitute your acknowledgment of, and agreement to abide by, the modified Terms of Service, bound by the Terms of Service.
FWAC welcomes your questions or comments regarding our Terms of Service. Please contact FWAC at:
Fire, Weather & Avalanche Center
La Grande, OR 97850