Thank you for your interest in the Groomer Tracker snowmobile trail tracking product ("Groomer Tracker"). Groomer Tracker is a proprietary product owned and provided by Up North Fun LLC, 215 S. Century Ave Suite 200 Waunakee, WI 53597.
By downloading and using the free Groomer Tracker application, you are agreeing to these terms.
USING OUR SERVICES
The Groomer Tracker application allows you to see where the Club(s) to which you have subscribed has groomed trails in the past. All information accessed through Groomer Tracker is provided by the Club(s) to which you have subscribed. Up North Fun LLC does not create, or ensure the accuracy of any information appearing in Groomer Tracker.
Your Groomer Tracker account and the information obtained through Groomer Tracker is only intended or permitted for your personal, individual, and non-commercial use. You are not permitted to share with anyone else the Groomer Tracker application or information that you obtain through the Groomer Tracker application. In addition, you may use Groomer Tracker only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing access to Groomer Tracker if you do not comply with our terms or policies or if we are investigating suspected misconduct.
You may not use third-party content from Groomer Tracker unless you obtain permission from Up North Fun LLC or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in Groomer Tracker. Don’t remove, obscure, or alter any legal notices displayed in or along with Groomer Tracker.
OWNERSHIP OF INTELLECTUAL PROPERTY
Using Groomer Tracker does not give you ownership of any intellectual property rights in Groomer Tracker or the content you access. Up North Fun LLC owns all copyrights, trademarks, trade dress, patents and other intellectual property rights with respect to Groomer Tracker. Your download and use of the Groomer Tracker allows you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the technology that is incorporated in the Groomer Tracker. This license is for the sole purpose of enabling you to use and enjoy the benefit of Groomer Tracker, utilizing information provided by the Club whose information you’ve subscribed to receive, in the manner permitted by these terms. You may not copy, modify, distribute, sell, lease, reverse engineer or attempt to replicate or reconstruct the source code contained in Groomer Tracker without Up North Fun LLC’s written consent.
App Provided “As Is.” The Groomer Tracker App is provided to you “As Is.” Up North Fun LLC is not responsible for failure of the Groomer Tracker App to perform as intended due to system outages, utility shutdowns, equipment malfunction, coding errors, or user error.
Not a substitute for GPS. The Groomer Tracker App provides the user with information from subscribing Clubs regarding their recent trail grooming. It is not a substitute for GPS, location services, maps or other devices or technologies that provide directions or locations. You are responsible for your own location technology. By using Groomer Tracker, you waive and release any claims against Up North Fun LLC, its owners, directors, members, managers, employees or agents relating to your location when using Groomer Tracker.
Trail Conditions. The Groomer Tracker App reports on recent grooming activity by subscribing Clubs, but does not guarantee that grooming conditions at the time you are at the reported locations will be the same as when the reporting Club last provided Groomer Tracker with a grooming activity report. In addition, certain Clubs who provide information for the Groomer Tracker App, may choose to delay their reporting of grooming activity (a “Blackout Period”) for any number of reasons, including maintaining trail integrity, rider safety, and safety of persons operating grooming equipment. Up North Fun LLC disclaims any responsibility or liability for trail conditions when you are physically at a particular location that has previously reported its trail grooming conditions to Groomer Tracker.
UP NORTH FUN LLC IS NOT RESPONSIBLE FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES RELATED TO USE OF THE GROOMER TRACKER APP OR ANY INDIVIDUAL’S SNOWMOBILING ACTIVITY. INDIVIDUAL RIDERS ARE URGED TO RIDE WITH CAUTION AT ALL TIMES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF UP NORTH FUN LLC, AND ITS SUPPLIERS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE GROOMER TRACKER.
BUSINESS USES OF GROOMER TRACKER
If you are using Groomer Tracker on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Up North Fun LLC Industries and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of Groomer Tracker or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney fees.
ABOUT THESE TERMS
We may modify these terms or any additional terms that apply to Groomer Tracker to, for example, reflect changes to the law or changes to Groomer Tracker. If you do not agree to the modified terms for a Groomer Tracker, you should discontinue your use of Groomer Tracker.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Groomer Tracker and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Ohio, U.S.A., excluding Ohio’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or Groomer Tracker. All claims arising out of or relating to these terms or Groomer Tracker will be litigated exclusively in the federal or state courts of Cuyahoga County, Ohio, USA, and you and Up North Fun LLC consent to personal jurisdiction in those courts.