Terms & safety disclaimer

1. The Operator and the Site

These Terms of Use and Disclaimer (these "Terms") govern your access to and use of puntledge.ca and its content (collectively, the "Site"), operated by Roga Digital (the "Operator", "we", "us", or "our"). The Site is a free, community-driven informational resource that aggregates unverified user-submitted observations and automatically retrieved third-party data concerning conditions on the Puntledge River in the Comox Valley, British Columbia (the "River").

The Operator does not own, occupy, operate, maintain, inspect, patrol, supervise, or control the River, its banks, or any put-in, take-out, trail, park, parking area, or other location referred to on the Site, and is not an occupier of any such location within the meaning of the Occupiers Liability Act, RSBC 1996, c 337. The Operator is not affiliated with, endorsed by, or acting on behalf of BC Hydro, the City of Courtenay, the Comox Valley Regional District, the K'ómoks First Nation, Environment and Climate Change Canada, or any other government body, agency, or organization, and nothing on the Site constitutes an official communication of any of them.

2. Acceptance of these Terms

By accessing or using the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site. Abbreviated notices displayed elsewhere on the Site, including the first-visit notice and the confirmation required on the report form, are provided for emphasis and convenience only; they do not limit or replace these Terms, which apply in full to every access to and use of the Site.

3. Inherent risks and voluntary assumption of risk

You acknowledge and agree that river floating, tubing, swimming, and all related activities on, in, or near the River (collectively, "River Activities") are inherently and unavoidably dangerous, and that the River is a wild, natural, and uncontrolled environment that is not groomed, supervised, patrolled, monitored, or attended by lifeguards or rescue personnel. The risks of River Activities include, without limitation:

• drowning, cold-water shock, and hypothermia;
• sudden and unannounced changes in water level, flow rate, and current, including releases from dam infrastructure that may occur at any time without public notice;
• submerged or partially submerged rocks, logs, sweepers, strainers, debris, and broken glass;
• rapids, drops, hydraulic features, and cold water even in hot weather;
• encounters with wildlife, including bears, cougars, and wolves, none of which the Site tracks or reports;
• adverse weather and sun exposure;
• limited or absent cellular coverage, which varies by carrier, and the loss of, damage to, or failure of communication devices, any of which may make it impossible to summon emergency assistance;
• the presence, conduct, and decisions of other river users; and
• your own health, fitness, ability, equipment, and judgement.

BY ENGAGING IN ANY RIVER ACTIVITY, YOU FREELY AND VOLUNTARILY ASSUME ALL RISKS OF THAT ACTIVITY, WHETHER OR NOT IDENTIFIED ON THE SITE, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER ARISING FROM NATURAL CONDITIONS, THE ACTS OR OMISSIONS OF THIRD PARTIES, OR OTHERWISE. THE DECISION TO ENGAGE IN RIVER ACTIVITIES, AND EVERY DECISION MADE IN THE COURSE OF THEM, IS YOURS ALONE.

The Site is not monitored in real time, and no person associated with the Site will be aware of, or able to respond to, any emergency involving you. In an emergency, call 911. You acknowledge that contacting emergency services from the River may be difficult or impossible, that you should never engage in River Activities alone, and that you should leave your plans with a responsible person before entering the water.

4. User-submitted content is unverified

Reports, observations, and conditions displayed on the Site are submitted by anonymous members of the public. The Operator does not author, verify, investigate, or endorse such content, and assumes no responsibility for it. The Operator may, at its sole discretion and without notice, decline to display, discard, supersede, reorder, or assign differing weight to any Submission, including by automated means. Any such handling is an automated editorial convenience: it is not verification, it is not moderation for accuracy, and it is not a representation that content which is displayed is more reliable than content which is not. User-submitted content may be inaccurate, incomplete, outdated, exaggerated, or deliberately false. River conditions change continuously and without warning, and no user-submitted report, however recent, should be treated as an accurate description of current conditions.

5. Third-party data

Weather, water flow, tide, daylight, and similar information displayed on the Site ("Third-Party Data") is retrieved automatically from third-party sources, including government data feeds. The Operator exercises no control over, and assumes no responsibility for, the accuracy, completeness, timeliness, or availability of Third-Party Data, which may be delayed, stale, interrupted, or erroneous. You acknowledge that BC Hydro does not publish a public schedule of water releases, and that the Site cannot and does not know whether a release is imminent, in progress, or concluded.

Every status, gauge, summary, and forecast displayed on the Site is an automated compilation of unverified inputs. None of them is a safety determination, and none of them may be relied upon as one. No part of the Site is a substitute for inspecting conditions in person from shore before entering the water. Such compilations are produced by automated processes that select among, discard, supersede, and assign differing weight to individual Submissions according to criteria the Operator may change at any time without notice. The thresholds, bands, and labels used to describe water levels and conditions are estimates chosen by the Operator, are provisional, are derived from no standard or authority, and may be wrong.

6. Official sources supersede the Site

In the event of any inconsistency between the Site and any official source, the official source governs in all cases. Official sources include, without limitation, sirens along the River, posted signage, barriers and closures, and advisories or warnings issued by BC Hydro, any level of government, or emergency services. Audible sirens along the River indicate rising water: exit the channel immediately, regardless of anything displayed on the Site.

7. Informational purposes only; no advice; no duty of care

All content on the Site is provided for general informational purposes only. It does not constitute safety, navigational, professional, or any other form of advice; it is not a recommendation to undertake River Activities at any time; and it is not tailored to you, your experience, or your circumstances. The Operator is not a guide, outfitter, instructor, or safety service. The Operator does not undertake, and expressly disclaims, any duty of care to any person in connection with River Activities or with reliance on the Site, and nothing on or communicated through the Site is intended to create, or shall be deemed to create, any advisory, fiduciary, or other special relationship between you and the Operator. You must not rely on the Site in deciding whether, when, where, or how to engage in River Activities.

8. No substitute for local knowledge

You acknowledge that no website, including the Site, can substitute for direct, firsthand knowledge of the River. If you are unfamiliar with the River or the surrounding area, you are strongly urged to consult, and to be accompanied by, an experienced local person before engaging in any River Activity.

9. Access, parking, and private property

The Site may identify parks, trailheads, roads, and other locations where river users commonly access or leave the River, and may refer to parking in general terms. Access to and parking at those locations is controlled by municipal governments, regional districts, private owners, and other third parties, not by the Operator, and is subject to restrictions that change without notice, including gates locked at posted times (for example, the gate at Lewis Park), time-limited or prohibited parking, seasonal closures, and enforcement by ticketing or towing. The Operator does not track, publish, or update those restrictions, and no reference to parking on the Site is a representation that parking is lawful, available, or safe at any location or time.

You are solely responsible for where and how you park and for complying with all posted signage, bylaws, and applicable laws. Park only where it is lawful and safe to do so. Do not obstruct emergency access routes, fire lanes, fire hydrants, gates, driveways, farm or field accesses, or the flow of traffic; do not park on or cross private property without permission; and do not leave a vehicle in a gated area near its posted closing time. Vehicles and their contents are left entirely at your own risk, including the risk of theft, break-in, damage, ticketing, towing, and being locked in.

10. Disclaimer of warranties

THE SITE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, AVAILABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. The Site may be inaccurate, out of date, or unavailable at any time, including at the moment you rely on it.

11. Release and limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA, YOU HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE THE OPERATOR, ITS OWNER, AND EVERY PERSON WHO CONTRIBUTES TO OR ASSISTS IN OPERATING THE SITE (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION OF EVERY KIND, INCLUDING THOSE ARISING FROM THE NEGLIGENCE OF ANY RELEASED PARTY OR FROM BREACH OF ANY DUTY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR RELIANCE ON THE SITE OR YOUR ENGAGEMENT IN RIVER ACTIVITIES, INCLUDING CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY.

TO THE SAME EXTENT, NO RELEASED PARTY SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, ITS CONTENT, ITS UNAVAILABILITY, OR YOUR RELIANCE ON ANY OF THEM. If, notwithstanding the foregoing, any Released Party is found liable to you, the aggregate liability of all Released Parties shall not exceed the greater of one hundred Canadian dollars (CAD $100) and the total amount you paid the Operator to use the Site.

Nothing in these Terms excludes, restricts, or modifies any right, warranty, condition, or liability that cannot lawfully be excluded, restricted, or modified.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, losses, damages, costs, and expenses, including reasonable legal fees, arising out of or relating to your use of the Site, your Submissions (as defined below), your breach of these Terms, or your engagement in River Activities.

13. Minors

The Site is not directed at persons under the age of majority in British Columbia, which is 19 years. If you are under 19, you may access the Site and consider River Activities only with the knowledge and involvement of a parent or guardian, and that parent or guardian is solely responsible for your use of the Site, for your safety, and for every decision concerning your participation in River Activities. Nothing in these Terms shall be construed to exclude or restrict any right of a minor that cannot lawfully be excluded or restricted.

14. Submissions, cookies, and IP addresses

By submitting a float report or any other content to the Site (a "Submission"), you represent and warrant that the Submission is truthful, based on your own firsthand observation, and lawful, and you grant the Operator a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, display, edit, summarize, and remove the Submission in connection with the Site. You must not submit anything unlawful, misleading, or abusive. The Operator may remove any content and may restrict or block any user at its sole discretion, with or without notice.

A functional cookie is required to make a Submission, and the Internet Protocol (IP) address of the submitting device is logged with every Submission. Cookies and IP addresses are used for rate-limiting, abuse prevention, enforcement of these Terms, diagnosing technical faults, and assessing the internal consistency of Submissions over time so that the Site can weight them; they are not sold, and they are not used to identify you except as necessary for those purposes or as required by law. Submissions may be weighted, superseded, or disregarded on the basis of an automated assessment of the consistency of a device's Submissions. The Internet Protocol address recorded with a Submission is deleted within ninety days. The device identifier recorded with a Submission is a random value associated with no name, account, or contact information, and is deleted after three years without a further Submission from that device, after which the Submission remains but is no longer associated with any device. Submissions are additionally checked by Cloudflare Turnstile, an automated bot-detection service operated by Cloudflare, Inc., which receives the IP address and browser characteristics of the submitting device and sets a cookie on it, solely to tell human submissions from automated ones. Submissions are otherwise anonymous: the Operator does not collect names, accounts, or contact information. A temporary browser storage flag records, for your current browsing session only, that you have dismissed the first-visit notice; it remains on your device and is not transmitted to the Operator.

When the Site encounters a technical error, diagnostic information about the request that caused it is sent to Sentry, an error-monitoring service operated by Functional Software, Inc., and stored on servers in the United States. That information includes the IP address and browser characteristics of the device, the request headers and cookies sent with the request, and the address of the page being viewed. It is used solely to identify and repair faults in the Site, and is retained by that service for no more than ninety days and then deleted. The Site is configured not to send the text of Submissions to that service.

The Operator is responsible for personal information under its control. Privacy inquiries, requests concerning content removal, and reports of problems with the Site may be directed to rogadigital.com/support.

15. Amendments

The Operator may amend these Terms at any time by posting the amended Terms on this page with a revised effective date. Amendments take effect upon posting. Your continued use of the Site after posting constitutes your acceptance of the amended Terms.

16. Governing law and general provisions

These Terms, and any dispute or claim arising out of or in connection with them or the Site, are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to conflict of laws principles. You irrevocably attorn to the exclusive jurisdiction of the courts of British Columbia. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect. No failure or delay by the Operator in enforcing any provision of these Terms operates as a waiver of it. These Terms, together with the notices displayed on the Site, constitute the entire agreement between you and the Operator concerning the Site.