1. Maps are downloaded to the device over the internet. Bist LLC will not be held responsible for any costs charged by your carrier for using the data plan.
2. Bist LLC is not responsible if your carrier locks GPS or prevents GPS from being user by third party software. It is user's responsibilty to find out if their carrier allows GPS to be accessed by third party software.
3. TopoSports should be downloaded only on blackberry cellphones running OS version equal to or higher than 4.2.
4. Bist LLC will not be held liable for TopoSports not operating fully or partly due to the use or misuse of your mobile phone device. This includes any costs incurred should you fail to turn off Bluetooth, Internet roaming etc. TopoSports uses GPS/GPRS to operate which runs independently.
5. Bist LLC is not responsible for any data inaccuracy or inconsistency, which may occur from GPS spikes, or obstacles such as buildings,canyons, cloud cover and deep valleys that can interfere with GPS signals.
6. The original source of TopoMaps is USGS. Certain maps use the libremap project sponsored by archive.org. That data is licensed under http://creativecommons.org/licenses/by-sa/2.0/
7. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SOFTWARE/SERVICE IS AT YOUR SOLE RISK. THE SOFTWARE/SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIST LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SOFTWARE/SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE/SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SOFTWARE/SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TopoSports OR THROUGH OR FROM THE SOFTWARE/SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
8. LIMITATION OF LIABILITY
BIST LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BIST LLC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SOFTWARE/SERVICE. UNDER NO CIRCUMSTANCES WILL BIST LLC'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO BIST LLC IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. TRADEMARK INFORMATION
TopoSports, the TopoSports logo, and other TopoSports logos, products and service names are trademarks of Bist LLC. You must not display or use them in any manner.
Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by Bist LLC to collect fees or recover damages for, or obtain an injunction relating to, Bist LLC's intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Santa Clara, California, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or Bist LLC may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Clara, California necessary to protect the rights or property of you or Bist LLC pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
11. GENERAL INFORMATION
Bist LLC may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and Bist LLC and governs your use of the Service, superseding any prior agreements between you and Bist LLC. You also may be subject to additional terms and conditions that may apply when you use other Bist LLC products or services. The TOS and the relationship between you and Bist LLC will be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Santa Clara, California. The failure of Bist LLC to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after the claim or cause of action arose or be forever barred.
12. MODIFICATIONS TO SERVICE
Bist LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. Bist LLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You will indemnify and hold Bist LLC , and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software/Service, your violation of the TOS, or your violation of any rights of a third party.