Ashley VanVurst Sensory Trail Sensory Trail App

Terms of Use Agreement

Welcome to the Ashley VanVurst Sensory Trail Sensory Trail App (“Sensory Trail App”) brought to you by the City of Goshen, Indiana, (“City”). The Sensory Trail App will provide a guided sensory experience that will assist users to learn, relax and engage the senses through touching, smelling, seeing, hearing, and tasting the world around them while enjoying the four miles of public trails with natural habitats.   

This Sensory Trail App is made available to you by the City and subject to the following Terms of Use.  By accessing, using or downloading the Sensory Trail App, you agree to follow and be bound by these Terms of Use.  If you do not agree with the Terms of Use please do not use the Sensory Trail App.  By continuing to use the Sensory Trail App, you are indicating your agreement to the Terms of Use and all revisions thereof. 

 The City reserves the right at any time to modify or discontinue the Sensory Trail App or any portion thereof with or without notice.  You agree that the City shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sensory Trail App or any portion thereof. 

This document is a legal agreement between you and the City.

Terms & Conditions.

The City has published the information contained in the Sensory Trail App for informational purposes only. You may search, view, and download information contained in this Sensory Trail App for personal and non-commercial purposes only which is provided "as is" without any warranty of any kind.

Non-Commercial Use. 

You agree not to use the Sensory Trail App, or any of its content, including but not limited to art, descriptions, photos, etc., for commercial purpose or for any illegal, unlawful, inappropriate, or unauthorized purpose or activity.   You further agree that any artwork owned and copyrighted by Mark Daniels’ Arts cannot be downloaded or used for commercial purpose or for any illegal, unlawful, inappropriate, or unauthorized purpose or activity or for any other purposes.

Trail Use and Volunteer Disclaimer

I understand that trail use can be a hazardous activity that has risks, including injury or death resulting for accident or physical exertion. I agree, as a consideration of, an in consideration for being permitted to use the Sensory Trail App and any third-party content provided herein, to freely and expressly assume and accept any and all risks of injury or death.

I understand that if I choose to voluntarily collect trail data in support of the City's mapping initiative; I do so of my own accord and not at the direction of the City. I release and forever discharge and hold harmless the City from any claim or liability arising from my participation in this initiative.

Disclaimer of Warranty and Liability.

The City and its employees make no warranty, expressed or implied, and assumes no legal liability or responsibility for the accuracy of the data contained in the Sensory Trail App including but not limited to offline map data made available for download to users.  The City has attempted to verify the accuracy of the GIS and trail data, however, the GIS data or trail data contained in the Sensory Trail App may contain inaccuracies or omissions and should in no way be used as a legal description.

The Sensory Trail App is provided "as is" and without warranties of any kind either expressed or implied.  The City, and its officers, employees, agents, partners, licensors and suppliers, disclaim all warranties, expressed or implied including but not limited to implied warranties or merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

The City, its officers, employees, agents, partners, licensors and suppliers do not warrant that the Sensory Trail App will be uninterrupted or error-free, that defects will be corrected, or that the Sensory Trail App servers are virus free.  Additionally, the City and its suppliers and partners do not warrant or make any representation regarding the use or the results of the use of any personal information or location information or the Sensory Trail App in terms of security, safety, correctness, accuracy, reliability or otherwise.  You assume the cost of any necessary service, repair, or correction related to the Sensory Trail App.

Limitation of Liability.

You acknowledge and agree that under no circumstances, including without limitation, including negligence, will the City, its subsidiaries, affiliates, officers, employees, agents, partners, licensors and suppliers be liable to you for any damages related to or resulting from:  1) the use, display or maintenance of a user’s personal information 2) your ability or inability to use the Sensory Trail App 3) the Sensory Trail App generally 4) any other interaction with  the City or the Sensory Trail App. 

Without limiting the foregoing, under no circumstances shall the City be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control. 

Applicable law may not allow the limitation of liability or damages.  Accordingly, the exclusions and limitations set forth above may not apply in their entirety to you, however, you agree that the City's liability will be limited to the extent permitted by law.

Ownership and Proprietary Rights.

The Sensory Trail App is owned and operated by the City. You acknowledge and agree that this Sensory Trail App, contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by the City, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Sensory Trail App, the software or any content offered as part of the Sensory Trail App (other than User Content as that term is defined below), in whole or in part. 

The City grants you a personal, non-transferable and non-exclusive license to access and use the Sensory Trail App; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Sensory Trail App. You agree not to access the Sensory Trail App by any means other than through the interface that is provided by the City for use in accessing the Sensory Trail App without the express written consent of the City.

Copyright.

The information contained in the Sensory Trail App is the exclusive property of the City and any respective copyright owners. The content, code, design and graphics of this site may not be published, posted, reproduced or redistributed by third-parties without the express written consent of the City.

Trademark.

The term Ashley VanVurst Sensory Trail along with the respective logs and names of the specific Sensory Trail App are the exclusive trademarks of the City and you may not use or display such trademarks in any matter without the City's prior written permission.

Changes to this Agreement.

The City reserves the right to revise this Agreement. Your use of the site implies your consent and understanding of the current terms of this agreement.

Contacting the City of Goshen.

If you have any questions about this Agreement please contact:

The City of Goshen

Attn: Sensory Trail

410 W. Plymouth Ave

Goshen, IN  46528

Developed by City of Goshen

Privacy Policy

City of Goshen, Indiana built the Ashley VanVurst Sensory Trail app as a Free app. This SERVICE is provided by City of Goshen, Indiana at no cost and is intended for use as is.

This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which are accessible above unless otherwise defined in this Privacy Policy.

Information Collection and Use

While using our Service, we do not collect personally identifiable information.

The app does use third-party services that may collect information used to identify you.

Link to the privacy policy of third-party service providers used by the app

• Google Play Services

Log Data

We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third-party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.

Cookies

The Ashley VanVurst Sensory Trail app does not use Cookies.

Service Providers

We may employ third-party companies and individuals due to the following reasons:

• To facilitate our Service;
• To provide the Service on our behalf;
• To perform Service-related services; or
• To assist us in analyzing how our Service is used.

We want to inform users of this Service that these third parties have access to their Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Links to Other Sites

This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page.

This policy is effective as of 2021-11-29

Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at theresasailor@goshencity.com.

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