Terms and Conditions of Use
The bendair.2toad.com website and BendAIR mobile application (the "App") are owned and operated by 2Toad, LLC ("2Toad"). Listed below are the terms and conditions of use (the "Terms") for this App. By using, accessing and/or viewing information on the App, you (the "Participant") agree to be bound by these Terms. If you violate these Terms, 2Toad has the right to terminate your use of the App and/or take appropriate legal actions against you. We reserve the right to change these Terms at any time by posting on the App. Participant understands and agrees that its use of this App is a benefit voluntarily given by 2Toad and that 2Toad may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to the Terms you cannot use this App or the services and information offered herein.
PERMITTED USE. You may use the App and the features, information, pictures and other data contained therein (collectively, the "Data") only for personal, non-commercial purposes. You may access, view and make copies of the Data in the App for your personal, non-commercial use and will not publish or otherwise distribute the Data for any other purpose. Without limiting the foregoing, you may not utilize the App to sell a product or service, to advertise or direct activity to other websites or for similar commercial activities without our express written consent. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Data, in whole or in part. Further restrictions on the use of this App and its Data are provided in Sections 2, 6 and 9 of these Terms.
OWNERSHIP/TRADEMARKS. Participant does not acquire or have any ownership, license or other proprietary interest in the App or the Data. You understand that the App and the Data are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You cannot use any protected material without the express written consent of the owner of such material except as permitted by law.
COPYRIGHT. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide 2Toad's Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 2Toad to locate the material;
- Information reasonably sufficient to permit 2Toad to contact you;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright infringement on the Services can be reached as follows:2Toad - BendAIR Copyright AgentPO Box 7082Bend, OR 97708
This contact information is only for reporting copyright infringement under United States law.
To report other alleged violations of rights, or for all other enquiries, complaints and questions related to the Services, please use the contact information specified in paragraph 4 above.
MONITORING. 2Toad shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, 2Toad shall have the right, but not the obligation, to remove any material we in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. However, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not that of 2Toad.
LINKS. The App may include links and advertisements to other websites, products or services. You acknowledge that these links are provided solely as a convenience to you and not as an endorsement by 2Toad or by any of its third-party providers regarding the content of those other websites. Neither 2Toad nor its third-party providers are responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links including any objectionable or offensive content. If you decide to visit any other website or forum for any reason, you do so at your own risk.
ADVERTISERS/VENDORS/SERVICE PROVIDERS. The App may contain advertising and sponsorship. Advertisers and sponsors are responsible for insuring that materials submitted for inclusion on the App are accurate and comply with applicable laws. 2Toad will not be responsible for the illegality of or any error in accuracy in any advertisers, or sponsors, materials. Participant understands and agrees that, in order to provide for the use of this App, 2Toad contracts with certain vendors and service providers, which have certain rights, limitations of warranties, and limitations of liability in those contracts. Participant understands and agrees that it is not a third party beneficiary under any such agreements, that it has no rights whatsoever pursuant to such agreements, and that it has no contractual or other relationship with any advertiser, business affiliate, vendor or service provider by reason of the use or information provided on this App or any agreement relating to the App. To the extent that Participant has any such rights or claims by operation of law or otherwise, Participant hereby waives any and all rights and claims whatsoever against those vendors and service providers whether resulting from the exercise of any right by such vendors or service providers pursuant to such agreements, the any error or omission in the services provided, not provided, withdrawn or terminated, or the use of this App.
LIMITATION OF LIABILITY. 2Toad assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any Data contained in the App. THE SERVICES OF THE APP ARE PROVIDED, AS IS, WITH NO WARRANTIES WHATSOEVER. Without limiting the generality of the forgoing, you agree that neither 2Toad nor any of its affiliates, employees or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the App or any viewing or use of any information on the App. You acknowledge that the limitations in this Section are reasonable and appropriate. 2Toad DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE DATA IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
UNAUTHORIZED USE/NO INTERFERENCE. You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the App or use and/or monitor any information in or related to the App for any unauthorized purpose. Specifically, each Participant, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party) do any of the following:
- Upload, post, email, transmit or otherwise make available any Data or content on the App as to which you do not possess all of the patent, trademark, copyright, trade secret, license or other rights to do so;
- Violate any applicable laws and regulations, whether federal, state, local, foreign or international, applicable to the App, its Data and/or your use of either, including without limitation U.S. export and re-export control laws and regulations, and you will not otherwise engage in any illegal, manipulative or misleading activity through use of this App or its Data;
- Use this App or the Data or provide, link, or otherwise make available, any information on the App that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or otherwise misrepresent your affiliation;
- Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
- Upload, post, email, transmit, link to or otherwise make available any information on the App that infringes any intellectual property rights or other proprietary rights of others, or that contains any virus, computer code, file, or other material which has as its intended purpose, the interruption, destruction, or loss of functionality of any computer software, Data, hardware, telecommunications equipment, or communications ability;
- Attempt to gain access to confidential information to which you are not entitled;
- Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by this App;
- Alter or delete information not provided by you, or interfere with the operation of this App including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.
- By providing Data or material, you also agree to be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to 2Toad's policies regarding privacy, all e-mails, messages, postings, ideas, suggestions, concepts or other ideas or materials submitted will be treated as non-confidential and non-proprietary and may be used freely thereafter by 2Toad for any purposes it deems appropriate including commercial gain. By submitting information to 2Toad, you automatically grant, or warrant that the owner of such material has expressly granted 2Toad a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also agree to permit any other user of the App to access, view, download or reproduce the material for any use permitted by the App. You grant 2Toad the right to edit, copy, display, publish and distribute any information or material made available on the App by you.
INDEMNIFICATION. You agree to indemnify and to hold 2Toad, its subsidiaries, affiliates, business partners, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorneys fees) arising out of your use of the App, including, without limitation, any violations by you in the terms and conditions for your use of the App.
VIRUSES. We will use commercially reasonable efforts to maintain the App free of viruses and other harmful components. However, as the App is accessible by third parties, we cannot assume any responsibility for any viruses or other harmful components that may affect your computer equipment or other property as a result of your access to, viewing of or downloading any Data from the App. We do not warrant that the App, its servers or any Data downloaded from the App is free from viruses, bugs or other harmful components.
MODIFICATIONS/TERMINATION. Without limiting its other remedies, 2Toad may immediately discontinue, suspend, terminate or block your and any user's access to this App at any time in its sole discretion. 2Toad may amend or modify these terms and conditions at any time. Any such changes will become effective immediately upon the date they are first posted to this App. You agree to be bound by these revised terms and conditions. It is your responsibility to return to this page from time to time to review the most current terms and conditions. 2Toad does not assume any obligation to notify you of changes to these terms and conditions.
GOVERNING LAW/JURISDICTION. These terms and conditions and your access to and use of information from the App are governed by the laws of the State of Oregon. In the event of any dispute regarding the interpretation or compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in Deschutes County, Oregon.
ENTIRE AGREEMENT. These terms and conditions of use for this website constitute the entire agreement between you and 2Toad regarding your access to the App and your reproduction and use of any information in the App. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of 2Toad.