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Terms of Service

About

Welcome to River Sherpa! River Sherpa provides a plethora of analytical tools aimed towards hydrology across the United States (the “Services”). River Sherpa and its affiliates provide their Services to you subject to these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, the “Terms of Service”). By using River Sherpa, which is owned and operated by Zero Kelvin LLC. (“Zero Kelvin”, “we” or “our”) and by accessing the River Sherpa website, and all linked pages owned and operated by Zero Kelvin (the “Site” and, together with the Services, “River Sherpa”), you agree to be bound by these Terms of Service. These Terms of Service set out the legally binding terms with respect to your use of, and our provision of, River Sherpa. Please read these Terms of Service carefully. Your access to or use of River Sherpa constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use River Sherpa.

Data & Visualizations

Snow related data is sourced directly from the Natural Resources Conservation Service (NRCS). The Natural Resources Conservation Service (NRCS) installs, operates and maintains an extensive automated system called SNOTEL. With the majority of the water supply in the West arriving in the form of snow, SNOTEL data on snowpack provides critical information to support the resource management activities of the NRCS and others. Visit the NRCS (http://www.nrcs.usda.gov/wps/portal/nrcs/site/national/home/) to learn more.
Weather related data is sourced from numerous sources including NOAA (National Oceanic and Atmospheric Administration), the Canadian Meteorological Center, the UK Met Office, and the Norwegian Meteorological Institute. River Sherpa algorithms analyze these datasets and provide 'tuned' predictions. River Sherpa cannot guarantee the accuracy of these forecasting models.

Alerts

Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you.River Sherpa may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service. Electronic alerts will be sent to the email address you have provided as your primary email address for River Sherpa. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts. You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors.River Sherpa does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that River Sherpa shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.


Eligibility

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of River Sherpa or use River Sherpa. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use River Sherpa only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service. If you do not qualify, do not use River Sherpa. Registration for River Sherpa is void where prohibited by applicable law and the right to access the Site is revoked in such jurisdictions. You must be 13 or older to use the Site, in compliance with the Children’s Online Privacy Protection Act (COPPA). By using River Sherpa, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Site is administered in the United States and intended for U.S. users; any use outside of the U.S. is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of River Sherpa.

Registration

In order to use and/or access certain Services, you may be required to register with the Site and to select a password and user name, which shall consist of an email address you own and use (“User ID”). You may also be asked to answer some questions about yourself. If you register, you agree to provide River Sherpa with true, accurate, current and complete information, and that you will promptly update such information with any changes. Failure to do so shall constitute a breach of these Terms of Service, which may result in the immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. River Sherpa reserves the right to refuse registration of, or cancel, a User ID in its sole discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to River Sherpa shall be for your personal use only. You agree to (a) immediately notify River Sherpa of any unauthorized use of your User ID or password at info@zerokelvin.co, and (b) ensure that you exit from your account at the end of each session. If you violate any of these Terms of Service, River Sherpa may, at its sole discretion, terminate your registration, remove or modify the content that you have contributed, or take any other action that River Sherpa determines to be appropriate.

Offers and Third-Party Links

Some parts of the Service are supported by sponsored links from advertisers and display Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. In connection with Offers, the Service will provide links to other web sites belonging to River Sherpa advertisers and other third parties. River Sherpa does not endorse, warrant or guarantee the products or services available through the Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and River Sherpa is not an agent or broker or otherwise responsible for the activities or policies of those web sites. River Sherpa does not guarantee that the offers made by any particular advertiser or other third party on River Sherpa are actually the terms that may be offered to you if you pursue the offer.

Restrictions on Rights of Use

You agree that, without the express written consent of River Sherpa, you shall not (and you agree not to allow any third party to): modify, adapt, translate or reverse engineer any portion of River Sherpa;a
remove any copyright, trademark or other proprietary rights notices contained in or on River Sherpa or in or on any Contributed Content or other material obtained via River Sherpa;
except for tools provided through River Sherpa, use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve or index any portion of River Sherpa;
access, retrieve or index any portion of River Sherpa for purposes of constructing or populating a searchable database of information;
collect or store personal data or any other information about other users or members of River Sherpa (including usernames and/or email addresses) in connection with the prohibited activities described in this paragraph, or for any other purpose other than for your own personal, non-commercial use;
reformat, frame or place pop-up windows over any portion of River Sherpa, or otherwise affect the way that River Sherpa is displayed;
add or use ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies on River Sherpa;
create user accounts by automated means or under false or fraudulent pretenses;
create or transmit unwanted electronic communications such as “spam” to other users or members of River Sherpa or otherwise interfere with other users’ or members’ enjoyment of River Sherpa;
transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
forge headers or manipulate identifiers or other data in order to disguise the origin of any Content transmitted through River Sherpa or to manipulate your presence on River Sherpa;
use River Sherpa to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
copy or store any Content offered on River Sherpa for other than your own personal use;
use any device, software or routine that interferes with the proper working of the River Sherpa or otherwise attempt to interfere with the proper working of River Sherpa;
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; or
use River Sherpa, intentionally or unintentionally, to violate any applicable local, state, national or international law.

Unauthorized access to River Sherpa is a breach of these Terms of Service and a violation of law. You agree not to access the Site by any means other than through the interfaces that we provide to you for accessing the Site. Zero Kelvin LLC. may at any time, without prior notice and at our sole discretion, remove any post, terminate the membership of, or take any other appropriate action against any person who violates the above provisions. Illegal or unauthorized uses of River Sherpa will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal and/or injunctive redress.

River Sherpa Proprietary Rights

The Site (including, but not limited to, text, photographs, graphics, video and audio Content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising River Sherpa are also copyrighted works. Except for the Content submitted by members or users, River Sherpa and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Zero Kelvin LLC. or its licensors. You acknowledge that River Sherpa and any underlying technology or software used in connection with River Sherpa contain Zero Kelvins’s proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on River Sherpa, in whole or in part. Except as expressly and unambiguously provided herein, Zero Kelvin LLC. and its suppliers do not grant you any express or implied rights, and all rights in River Sherpa not expressly granted by Zero Kelvin LLC. to you are retained by Zero Kelvin LLC.

Changes to the Agreement or River Sherpa

You agree and understand that these Terms of Service, and River Sherpa itself, may be modified by Zero Kelvin LLC. at any time without prior notice, and such modifications will be effective upon Zero Kelvin's posting of the new terms and/or upon implementation of the new changes on the Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of River Sherpa after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by Zero Kelvin LLC., any new features, new services, enhancements or modifications to River Sherpa implemented after your initial access to River Sherpa shall be subject to these Terms of Service.

Contact

If you have questions regarding these Terms of Service, please contact us at info@zerokelvin.co