Terms of Service

1. Acceptance of Terms

By accessing or using How's Your River ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.

The Service is operated by How's Your River ("we," "us," or "our"). We reserve the right to modify these terms at any time, with changes effective upon posting to this page.

2. Description of Service

How's Your River provides:

• Real-time water level data from USGS and NOAA monitoring stations
• Weather information and forecasts
• Access site information for rivers, lakes, and waterways
• AI-generated analyses and recommendations
• User alerts and notifications for water conditions
• Whitewater and recreational water information

4. User Accounts

When you create an account, you agree to:

• Provide accurate and complete information
• Maintain the security of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that violate these terms.

5. User-Generated Content

5.1 Content Submissions

By submitting content (including photos, reviews, hazard reports, or comments), you:

• Grant us a non-exclusive, royalty-free, perpetual license to use, display, and distribute your content
• Represent that you own or have rights to the content
• Agree not to submit content that is illegal, harmful, or infringes on others' rights

5.2 Photo Submissions

When submitting photos, you confirm that:

• You are the photographer or have obtained necessary permissions
• The photo does not violate any copyright or privacy rights
• We may use the photo for promotional and informational purposes

5.3 Content Moderation

We reserve the right to remove, modify, or refuse any user-submitted content at our discretion, without notice or explanation.

6. DMCA and Copyright

We respect intellectual property rights. If you believe content on our Service infringes your copyright, please provide:

• Identification of the copyrighted work
• Location of the infringing material on our Service
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement under penalty of perjury that your notice is accurate
• Your physical or electronic signature

Send DMCA notices to: dmca@howsyourriver.com

7. Subscriptions and Payments

Paid subscriptions are processed through Stripe. By subscribing, you agree to:

• Recurring monthly or annual billing until canceled
• Our refund policy as stated on the pricing page
• Stripe's terms of service for payment processing

You may cancel your subscription at any time through your account settings.

8. Assumption of Risk

YOU ACKNOWLEDGE THAT WATER-BASED ACTIVITIES ARE INHERENTLY DANGEROUS. Rivers, lakes, coastal waters, and other waterways present risks including but not limited to drowning, hypothermia, strainers, hydraulics, flash floods, cold water shock, and rapidly changing conditions. By using this Service, you expressly assume all risks associated with:

• Any water-based activity you undertake, regardless of information obtained from this Service
• Reliance on water level data, flow readings, float time estimates, AI analyses, or any other information provided
• Decisions to enter, remain on, or navigate any waterway
• Failure to receive or act upon alerts and notifications

You are solely responsible for assessing conditions on-site, wearing appropriate safety equipment, and making your own informed decisions about whether to proceed with any water activity.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED
• WE MAKE NO WARRANTY THAT DATA WILL BE ACCURATE, TIMELY, COMPLETE, OR CONTINUOUSLY AVAILABLE
• WE ARE NOT LIABLE FOR ANY INJURIES, DEATHS, OR PROPERTY DAMAGE RESULTING FROM USE OF OR RELIANCE ON THIS SERVICE
• WE ARE NOT RESPONSIBLE FOR DECISIONS MADE BASED ON INFORMATION PROVIDED, INCLUDING FLOAT TIME ESTIMATES, AI ANALYSES, WATER LEVEL READINGS, OR ALERT NOTIFICATIONS
• WE ARE NOT LIABLE FOR FAILURE TO DELIVER ALERTS OR NOTIFICATIONS FOR ANY REASON
• OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE IN THE PAST 12 MONTHS

10. Indemnification

You agree to indemnify and hold harmless How's Your River, its affiliates, and their respective officers, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these terms
• Your violation of any third-party rights
• Content you submit to the Service

11. Third-Party Links and Services

Our Service may contain links to third-party websites and services (including USGS, NOAA, American Whitewater). We are not responsible for the content, accuracy, or practices of these external sites.

12. Dispute Resolution

Any disputes arising from these terms or your use of the Service shall be:

• First attempted to be resolved through informal negotiation
• Subject to binding arbitration if informal resolution fails
• Governed by the laws of the State of Virginia, USA

You waive any right to participate in class action lawsuits against us.

13. Termination

We may terminate or suspend your access to the Service at any time, with or without cause, and with or without notice. Upon termination:

• Your right to use the Service ends immediately
• We may delete your account and associated data
• These terms that by their nature should survive will remain in effect

14. Contact Information

For questions about these Terms of Service:

Email: legal@howsyourriver.com
Website: www.howsyourriver.com