Field Conditions Map: Terms of Use and Privacy Notice

1. Definitions

“Map” means the free Field Conditions map application made available by Provider at fieldriskos.com/map/live, which displays third-party data from public government sources for general informational purposes, together with all updates and modifications. The Map is an informational tool only and does not provide safety advice, emergency communications, real-time monitoring, or life-safety decision-making support.

“you” or “User” means any person who accesses or uses the Map.

2. Acceptable Use

You shall not:

• Use the Map except as permitted by these Terms.
• Reverse engineer, decompile, disassemble, or derive source code from the Map.
• Remove, alter, or obscure any proprietary notices on the Map.
• Modify, adapt, or create derivative works based on the Map.
• Scrape, harvest, overload, interfere with, or disrupt the integrity or performance of the Map or its underlying systems.
• Attempt to gain unauthorized access to the Map or its underlying systems.
• Present the data displayed on the Map as official, verified, or as your own.
• Use the Map to build a competitive product or service.
• Use the Map in any manner that violates applicable laws or regulations, including privacy and child protection laws.

3. Data Sources

The Map displays public data from third-party government sources, including the National Interagency Fire Center (NIFC); the Canadian Wildland Fire Information System (CWFIS), Natural Resources Canada; the National Oceanic and Atmospheric Administration (NOAA) and the National Weather Service, including the Storm Prediction Center and NWS river gauges; NASA FIRMS (near-real-time, unvalidated satellite detections); the U.S. Environmental Protection Agency AirNow program (preliminary, unvalidated observations and forecasts issued by state and local agencies); the U.S. Drought Monitor (produced by the National Drought Mitigation Center, USDA, and NOAA); and USDA Natural Resources Conservation Service SNOTEL stations. We are not affiliated with, and are not endorsed by, any government agency. This data may be delayed, incomplete, inaccurate, or unavailable at any time, and can differ from official sources. You are solely responsible for independently verifying all data against official sources before relying on it for any purpose.

NASA FIRMS fire detections are near-real-time and are provided as is. NASA advises that, due to their spatial resolution and other characteristics, they are not suitable for tactical decision-making or for assessing conditions at a local scale. See the NASA FIRMS disclaimer and citation guidance at firms.modaps.eosdis.nasa.gov. The basemap is provided by Mapbox and © OpenStreetMap contributors.

4. Availability

Provider will use commercially reasonable efforts to keep the Map available. Provider does not guarantee any specific level of uptime and makes no service-level commitments. The Map may be unavailable at any time for maintenance, updates, upstream data outages, or circumstances beyond Provider’s control, and Provider may modify, suspend, or discontinue the Map, in whole or in part, at any time without notice. Field Risk Systems LLC is an early-stage company with limited personnel and resources; support and availability may be constrained accordingly.

5. Disclaimer

5.1 Safety Disclaimer

THE MAP IS AN INFORMATIONAL TOOL ONLY. IT DISPLAYS THIRD-PARTY DATA FROM PUBLIC GOVERNMENT SOURCES. THE MAP DOES NOT PROVIDE, AND IS NOT INTENDED TO PROVIDE, ANY SAFETY, EMERGENCY-RESPONSE, RISK-MANAGEMENT, OR OTHER ADVICE OR SERVICES OF ANY KIND, AND IS NOT DESIGNED OR INTENDED FOR USE AS AN EMERGENCY COMMUNICATION SYSTEM, REAL-TIME MONITORING TOOL, OR LIFE-SAFETY DECISION-MAKING SYSTEM.

PROVIDER DOES NOT AND WILL NOT: (A) EVALUATE, VERIFY, CONFIRM, OR AUDIT ANY DATA DISPLAYED ON THE MAP; (B) MONITOR CONDITIONS, YOUR LOCATION, OR ANY AREA IN REAL TIME; (C) SEND YOU WARNINGS OR ALERTS; OR (D) DECIDE OR ADVISE WHETHER YOU SHOULD TAKE OR REFRAIN FROM ANY ACTION.

PROVIDER ASSUMES NO LIABILITY FOR ANY DECISION MADE, OR ACTION TAKEN OR NOT TAKEN, BASED ON THE MAP, REGARDLESS OF WHETHER THE MAP FUNCTIONED CORRECTLY, DISPLAYED COMPLETE OR ACCURATE INFORMATION, OR WAS USED AT ALL. YOU REMAIN SOLELY RESPONSIBLE FOR YOUR OWN DECISIONS AND SAFETY. IN AN EMERGENCY, CALL 911 AND FOLLOW YOUR LOCAL AUTHORITIES AND OFFICIAL ALERTS.

5.2 Warranty Disclaimer

THE MAP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT: (A) THE MAP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY DATA OR OTHER INFORMATION OBTAINED THROUGH THE MAP WILL BE ACCURATE, COMPLETE, RELIABLE, OR CURRENT; OR (C) THE MAP IS SUITABLE OR FIT FOR USE IN CONNECTION WITH EMERGENCY, LIFE-SAFETY, RISK-MANAGEMENT, OR FIELD-SAFETY DETERMINATIONS OF ANY KIND. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL DATA AND INFORMATION OBTAINED THROUGH THE MAP BEFORE RELYING ON IT FOR ANY PURPOSE.

6. Limitation of Liability

6.1 Exclusion of Consequential Damages

IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, COST OF SUBSTITUTE SERVICES, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

6.2 Liability Cap

PROVIDER’S TOTAL AGGREGATE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID PROVIDER TO USE THE MAP IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE (ZERO FOR THE FREE MAP) OR (B) FIFTY U.S. DOLLARS (US$50).

6.3 Exceptions

The exclusions and limitations in Sections 6.1 and 6.2 do not apply to: (a) your indemnification obligations under Section 7; (b) either party’s liability for gross negligence or willful misconduct; or (c) either party’s liability for misappropriation or infringement of the other party’s intellectual property.

6.4 Consumer Rights

Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages, so some of the exclusions and limitations in Sections 5 and 6 may not apply to you. In those jurisdictions, the exclusions and limitations apply to the fullest extent permitted by applicable law, and nothing in these Terms limits any right you may have that cannot be limited or waived under applicable law.

7. Indemnification

You will indemnify, defend, and hold harmless Provider and its members, managers, officers, employees, agents, successors, and assigns from and against any and all third-party claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your access to or use of the Map; (b) your breach of these Terms; (c) your violation of any applicable federal, state, or local law, regulation, or ordinance; or (d) your reliance on, or failure to independently verify, any data or information obtained through the Map. Your indemnification obligations survive termination of these Terms.

8. Intellectual Property

The Map, and its software, design, and associated intellectual property, are and remain the sole and exclusive property of Provider. The data displayed on the Map is public government data provided by third parties and is subject to those providers’ own terms and citation requirements. The basemap is provided by Mapbox and © OpenStreetMap contributors.

9. Privacy

The Map is part of the Field Risk Systems website. It requires no account, and we do not ask for personal information to view it. Personal information collected in connection with the Map is handled as described in the Field Risk Systems Privacy Policy, which governs the Map like the rest of the website. In addition, the Map stores minimal preferences (such as your selected map layers) in your browser’s local storage, which stays on your device. The Map is not directed to children under 13, and we do not knowingly collect personal information from children under 13. Questions about this notice may be directed to the contact in Section 12.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict of laws provisions.

10.2 Venue and Small Claims

Any dispute arising out of or relating to these Terms or the Map will be brought exclusively in the state or federal courts located in Dane County, Wisconsin, and each party consents to personal jurisdiction and venue in those courts, except that either party may bring an individual claim that qualifies in small claims court in that court’s jurisdiction.

10.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN, COMMENCE, OR MAINTAIN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING AGAINST PROVIDER. IF THIS WAIVER IS FOUND UNENFORCEABLE WITH RESPECT TO ANY CLAIM, IT REMAINS IN EFFECT FOR ALL OTHER CLAIMS.

10.4 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING UNDER OR RELATING TO THESE TERMS.

11. General Provisions

11.1 Entire Agreement

These Terms constitute the entire agreement regarding your use of the Map.

11.2 Amendments

Provider may update these Terms from time to time by posting the updated version at this page and updating the effective date. Your continued use of the Map after an update is posted constitutes acceptance of the updated Terms.

11.3 Acceptance

The Map has no account or login. By accessing or using the Map, you accept these Terms with the same effect as a signed agreement. If you do not agree, do not use the Map.

11.4 Assignment

You may not assign these Terms. Provider may assign to a successor in connection with a merger, acquisition, or sale of substantially all assets.

11.5 Severability

If any provision is held invalid, the remaining provisions continue in full force.

11.6 Force Majeure

Provider is not liable for delays or failures in performance due to causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, governmental action, civil disturbance, power or internet failure, or third-party hosting, data, or infrastructure outages.

11.7 Waiver

No failure to exercise any right constitutes a waiver.

11.8 No Third-Party Beneficiaries

These Terms do not confer any rights on any third party.

12. Contact

Field Risk Systems™ LLC

info@fieldrisksystems.com