US Nests Terms

These US Nests Terms are an agreement between you and LIFER LTD ("Lifer", "we", "us" or "our"), a private limited company registered in England and Wales under company number 17374952, with its registered office at 128 City Road, London, EC1V 2NX, United Kingdom. They add to the Lifer Terms of Service (the "Terms") and the Privacy Policy, and apply to Lifer Nests for places in the United States ("US Nests"). If these US Nests Terms and the Terms conflict about a US Nest, these US Nests Terms apply.

Please read them carefully. They include an assumption of risk and a release of claims (sections 5 and 6), and they apply together with the dispute rules in section 15 of the Terms.

1. When these terms apply

You must accept these US Nests Terms before you take part in a US Nest. Taking part includes joining a Nest, setting Nest preferences or alerts, uploading a Nest photo, appearing in Guardian or leaderboard standings, and having catches assigned to a Nest.

They apply if your account is in the United States, and also when you use Nests for a place in the United States from another country. When you accept in the app, we record the version, the date and the app version.

Nest participation is optional. If you do not accept, you can still use the rest of Lifer.

2. A Nest is a place on a map, not an invitation

A Nest is a digital reference to a place. A marker, name, photograph, boundary, organisation label, route, alert or other information in Lifer is not permission to enter land, and does not confirm that a place is public, open, free to enter, accessible, supervised or safe.

LIFER LTD does not own, operate, manage, patrol or inspect any place shown as a Nest, and does not control who is there or what conditions are like. Information in Lifer comes from public and third-party sources and may be incomplete, out of date or wrong. Lifer is not a navigation, access, emergency or outdoor-safety service.

Before you travel to or enter a place, you are responsible for checking current information from the landowner, site operator, park or land agency or another authoritative source. In the United States this includes hunting seasons and areas open to hunting, tribal and other lands that need a permit, military ranges and restricted areas, wildlife refuge, park and road closures, entry fees and passes, and wildlife, heat, cold, water and weather hazards.

Do not rely on a phone signal. Mobile coverage is often poor or missing in parks and remote areas. In an emergency, call 911 or the local emergency number.

3. Your conduct

• Use lawful public access only, and follow signs, closures and instructions from staff, landowners and agencies.
• Never trespass, cross a barrier or leave a permitted route, and stay out of private, closed, restricted and dangerous areas.
• Do not put yourself or anyone else at risk to earn points, complete a collection, become Guardian, take a photograph or respond to an alert.
• Do not approach or disturb nests, eggs, young birds, breeding or roosting birds or other wildlife, and follow the laws that protect birds, wildlife and their habitats.
• Respect other people. Do not photograph people, especially children, in a way that identifies them without their permission.

4. Independence

Lifer is independent. It is not affiliated with and is not endorsed by the National Park Service, the US Fish and Wildlife Service, the US Forest Service, any state, county or city park agency, Audubon, The Nature Conservancy, any tribal government, or any landowner or site operator, unless we expressly say so. Names, designations and organisation labels shown on a Nest identify a place or operator from public information, may be wrong, and do not mean the organisation approves of Nests or of your visit.

5. Assumption of risk

Visiting outdoor places carries risks, including falls, injury, illness, drowning, extreme weather, heat and cold, wildlife and insects, hunters and firearms, vehicles and traffic, getting lost, loss of phone signal, theft, and the actions of other people. These can cause serious injury or death.

YOU DECIDE WHETHER TO VISIT ANY PLACE. YOU ACCEPT THESE RISKS YOURSELF. LIFER LTD HAS NO CONTROL OVER THE PLACES, THE CONDITIONS OR THE OTHER PEOPLE YOU MAY MEET.

6. Release and limits on our responsibility

TO THE EXTENT THE LAW ALLOWS, YOU RELEASE LIFER LTD AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS AND SERVICE PROVIDERS (THE "LIFER PARTIES") FROM ALL CLAIMS FOR INJURY, ILLNESS, DEATH, AND LOSS OR DAMAGE TO PEOPLE OR PROPERTY, AND FOR FINES, FEES AND OTHER CONSEQUENCES, ARISING FROM YOUR VISIT TO OR ACTIVITY AT A US NEST, OR FROM YOUR RELIANCE ON INFORMATION IN LIFER ABOUT IT. THIS INCLUDES CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF A LIFER PARTY.

The Lifer Parties are not responsible for what landowners, site operators, public agencies, other visitors or other third parties do or fail to do.

This release does not apply to a claim caused by a Lifer Party's gross negligence, fraud or intentional misconduct, or to the extent the law does not allow it. Some states limit or do not allow releases like this, so parts of this section may not apply to you.

Section 15.3 of the Terms (which limits our total liability) and section 11's list of what we are not responsible for when you travel to or use a Nest also apply.

7. Indemnity

To the extent the law allows, you agree to indemnify LIFER LTD and the other Lifer Parties against claims, fines, losses and reasonable legal costs brought by landowners, site operators, public agencies or other third parties arising from your entry to or use of a place, your trespass, your breach of the law or of these US Nests Terms, or your conduct at or about a Nest. This does not apply to the extent a claim is caused by Lifer's own fault. It adds to section 15.5 of the Terms.

8. If you are under 18

You must be at least 13 to use Lifer. If you are under 18, you may take part in a US Nest only if your parent or legal guardian has read and agreed to these US Nests Terms and the Terms for you. Your parent or guardian remains responsible for your supervision and safety, and agrees to sections 5, 6 and 7 for themselves as well, to the extent the law allows.

We strongly recommend that anyone under 18 visits places only with a parent, guardian or another responsible adult.

By accepting in the app, you confirm that you are at least 18, or that your parent or guardian has agreed for you.

9. Your information in Nests

You choose how you appear in Nests: as Anonymous, or by name. You can change that at any time in Settings. Catch coordinates are not displayed on Nest community screens. How we use your information is explained in the Privacy Policy.

10. Changes to Nests and to these terms

We may correct, suspend or remove a Nest, and may recalculate or remove Nest points, Guardian status, milestones or catch assignments, as set out in section 5A of the Terms. We may update these US Nests Terms. Where an update needs your agreement, we will ask you to accept the new version before you continue to take part in US Nests (section 13 of the Terms).

11. Disputes and governing law

Section 15 of the Terms applies to these US Nests Terms and to any claim about a US Nest. This includes the informal resolution step, binding individual arbitration with a class-action waiver and a 30-day opt-out (section 15.1), the one-year time limit, and Delaware governing law (section 15.8). If you opted out of arbitration under section 15.1, that opt-out also applies here.

12. General

If a part of these US Nests Terms cannot be enforced, the rest still applies. Nothing in these US Nests Terms limits liability that cannot be limited by law. These US Nests Terms, together with the Terms and the Privacy Policy, are the whole agreement between you and LIFER LTD about US Nests.

13. Contact

For questions about these US Nests Terms:

sam@getlifer.app

LIFER LTD
128 City Road
London
EC1V 2NX
United Kingdom