Back to Map
Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by White River Sky Net LLC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
All terms of service are for the operation of the Site by White River Sky Net LLC for their users. Any disputes, concerns, or issues arising from this Agreement are solely between White River Sky Net LLC and it’s users.
- White River Sky Net LLC Data. All information gathered by White River Sky Net LLC’s proprietary environmental monitoring network, including but not limited to water temperature, air temperature, water turbidity, water clarity, water flow rate, water depth, water level, wind speed, solar radiation, cloud cover, barometric pressure, and rainfall, collectively defined herein as “Data”, is the sole Intellectual Property of White River Sky Net LLC. White River Sky Net LLC reserves all rights associated with ownership of Data. No user of the Website or any other interface provided by White River Sky Net LLC, regardless of Registration or Subscription status, may publish, broadcast, announce, post or disseminate Data in any way whatsoever, whether through online media, television, radio, or print media without expressed, written consent of White River Sky Net LLC. Data excludes statistical information provided by United States Geological Services (USGS) and used by White River Sky Net LLC. Data excludes statistical information provided by The Weather Company, LLC and used by White River Sky Net LLC. Data excludes services and imagery provided by Alphabet, Inc. (Google) and used by White River Sky Net LLC.
- Your White River Sky Net LLC Account. If you create an Account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken therein
- Payment and Renewal.
- General Terms. Paid services may be offered to the user (“Services”). By selecting Services you agree to pay White River Sky Net LLC the one time, monthly, or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for Services and will cover the use of that service for a monthly or annual subscription period as indicated. Services fees are not refundable.
- Automatic Renewal. Unless you notify White River Sky Net LLC before the end of the applicable subscription period that you want to cancel Services, your Services subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Services (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time in the Services section of your site’s dashboard.
- Responsibility of Website Visitors. White River Sky Net LLC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, White River Sky Net LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. White River Sky Net LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Site links, and that link to Site. White River Sky Net LLC does not have any control over those non-Site websites and webpages, and is not responsible for their contents or their use. By linking to a non-Site website or webpage, White River Sky Net LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. White River Sky Net LLC disclaims any responsibility for any harm resulting from your use of non-Site websites and webpages.
- Copyright Infringement and DMCA Policy. As White River Sky Net LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify White River Sky Net LLC in accordance with White River Sky Net LLC’s Digital Millennium Copyright Act (“DMCA”) Policy. White River Sky Net LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. White River Sky Net LLC will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of White River Sky Net LLC or others. In the case of such termination, White River Sky Net LLC will have no obligation to provide a refund of any amounts previously paid to White River Sky Net LLC or Site.
- Intellectual Property. This Agreement does not transfer from White River Sky Net LLC to you any White River Sky Net LLC, the Site, or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with White River Sky Net LLC. White River Sky Net LLC, the Site, the Website, the logo, and all other trademarks, service marks, graphics and logos used in connection with White River Sky Net LLC, the Site, or the Website are trademarks or registered trademarks of White River Sky Net LLC or White River Sky Net LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any White River Sky Net LLC or third-party trademarks.
- Changes. White River Sky Net LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. White River Sky Net LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. White River Sky Net LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your the Site account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. White River Sky Net LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither White River Sky Net LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will White River Sky Net LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to White River Sky Net LLC under this agreement during the twelve (12) month period prior to the cause of action. White River Sky Net LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless White River Sky Net LLC, its contractors, its licensors, its service providers, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between White River Sky Net LLC and you concerning the subject matter hereof, and may only be modified by the posting by White River Sky Net LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Missouri, United States, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Taney County, Missouri. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Springfield, Missouri, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; White River Sky Net LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.