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Terms of Service

TERMS OF USE

Terms of Use Effective Date: May 1, 2025

Welcome to the RecordFLOW website! The following terms and conditions of use govern all use of the Company website, all related applications, and all content, services, software, and products available at or through the website (collectively, the “Services”). The Services are owned and operated by Corriente Environmental Solutions LLC, a Colorado limited liability company (“Company”). The Services are offered subject to Your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Privacy Policy) and procedures that may be published from time to time on this website by Company (“Agreement”).

Please read this Agreement carefully before accessing, establishing an account, or using the Services. By accessing or using any part of the Services, each user (“You”, “Your” or “User”) agree to the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, You should not access the Services, establish an account on the Services, or use any services made available via the Services. ONLY USERS WHO ARE AT LEAST 18 YEARS OLD, OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS GREATER MAY CREATE AN ACCOUNT.

  1. You may browse the Services without registering, but some features may not be accessible unless You register. In registering for the Services, You agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Services registration form (“Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or Company reasonably suspects that You have done so, then Company may suspend or terminate Your account.
  2. Your Account. If You create an account on the Services, then You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not post data, text, graphics, software code, audio files, video files, images, documents, materials, comments, content, or any other information (collectively, “Content”) to Your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Company may, at its discretion, but not its obligation, change or remove any Content that it considers inappropriate or unlawful. You are fully responsible for all activities that occur under Your account. You may not share Your account or password with anyone. You must immediately notify Company of any unauthorized uses of Your account, password, or any other breaches of security. Company will not be liable for any acts or omissions by You, including damages of any kind incurred by such acts or omissions.
  3. Fee, Membership, and Cancellation. You are solely responsible for any data, usage and other charges assessed by mobile, cable, internet, or other communications services providers for Your access to and use of the Services. Some features of the Services are free to use, but fees may apply for memberships, premium features, and other components. If there is a fee listed for any portion of the Services, by accessing or using that portion, You agree to pay the fee. If You sign up for a subscription-based membership, then Your membership will automatically renew at the conclusion of the then-current term unless You turn off auto-renewal at least 24 hours before the conclusion of the then-current term. Uninstalling a Mobile App will not automatically cancel Your membership or account or turn off auto-renewal, and You may continue to access the Services and Your account after uninstalling a Mobile App, such as through the Sites. You must cancel Your membership or turn off auto-renewal to end recurring charges. If You uninstall a Mobile App without canceling Your membership or turning off auto-renewal, the recurring charges for Your membership will continue. Company reserves the right to change membership fees at any time and Company may begin charging for products, content, or services that it currently offers for free. Company will notify You at least 30 days in advance of Your auto-renewal if the price of Your membership fee has increased.
  4. Without limiting any of those representations or warranties, Company has the right, but not the obligation, in Company’s sole discretion, to terminate or deny access to and use of the Services to any individual or entity for any reason. In the event of any such termination, Company will have no obligation to provide a refund of any amounts previously paid. Company may terminate Your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or Your Company account, then You may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
  5. Responsibility of Users. If You post Content to the Services, or otherwise make (or allow any third party to make) Content available by means of the Services, then You are entirely responsible for the Content and any harm resulting from the Content. That is the case regardless of the type or format of the Content. By making Content available, You represent and warrant that: (a) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; (b) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); (c) the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; (d) Your login is not named in a manner that misleads Your readers into thinking that You are another person or company. For example, Your login name may not the name of a person other than Yourself, or company other than Your own; and (e) Your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, journals, and web sites, and similar unsolicited promotional methods.
  6. Content Agreement, Representations and Permissions. By creating an account and submitting Content to Company for inclusion in the Services, You understand and agree that the purpose of the Services is for data You submit to the Services including, but not limited to, mapping points, mapping lines, mapping polygons, pictures, notes, water level readings, etc., and that the Content will be used for these purposes and, as a result, the Content may be used, copied, shared, distributed, or downloaded by anyone with authorized access to Your account. Furthermore, You grant Company a perpetual, world-wide, royalty-free, and non-exclusive license to reproduce, distribute, display, modify, adapt, and publish the Content for these purposes. You represent and warrant that: (a) You own and control all of the rights to the Content that You post or You otherwise have the right to post such Content to the Services; (b) the Content is accurate and not misleading; and (c) use and posting of the Content You supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity, including without limitation, copyright, trademark, right of privacy, right of publicity, or any other right of any other party.
  7. We have not reviewed, and cannot review, all the Content made available through the Services or to other websites and webpages to which Company links, and that link to the Services. Company does not have any control over non-Company websites and webpages and is not responsible for their contents or their use. By providing a link to a non-Company website or webpage, Company does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Company disclaims any responsibility for any harm resulting from Your use of non-Company websites and webpages.
  8. Intellectual Property. This Agreement does not transfer to You any Company or any other third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Company. All patents, copyrights, trademarks, service marks, graphics and logos used in connection with the Services are patents, copyrights, trademarks, or registered trademarks of Company, Company’s licensors. Other patents, copyrights, trademarks, service marks, graphics and logos used in connection with the Services may be the patents, copyrights, or trademarks of other third parties. Other than permissible use within fair use legal principles, Your use of the Services grants You no right or license to reproduce or otherwise use any Company or other third-party patents, copyrights, or trademarks. Except as expressly permitted by applicable law, You are not allowed to reverse engineer, disassemble, decompile, or translate, or otherwise attempt to derive the source code, architectural framework, or data records, of any software within or associated with the Services, or remove or obscure any proprietary notice that appears within the Services. Certain features within the Services allow You to share Your Content with other users, groups of users, or all users. By using such features, You provide designated users a perpetual, irrevocable and non-exclusive license to view Your Content. The Services is protected by U.S. and international copyright and other intellectual property laws and treaties. The Company’s logos and trademarks referenced on the Website are the trademarks of Company and its affiliates. Any other entity names, product names, service names, and logos referenced in the Services may be the trademarks of their respective owners. The Company reserves all rights not expressly granted to You.
  9. Grant of Rights; Ownership. Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view and interact with the Services for Your personal, non-commercial use only. To the extent that the Services provides access to any online software, applications, or other similar components, then Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components within the online platform provided by Company and only for Your personal, non-commercial purposes. (Company makes available mobile applications for access to and use of certain components of the Services (collectively, “Mobile Apps”). Subject to Your compliance in all material respects with the terms and conditions of the Agreement and Your compliance with the corresponding Terms of Services governing Your access/use of the Apple® or Google® app stores, Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Mobile Apps on a personal mobile device that You own and control, in executable, machine-readable, object code form only, and solely for Your personal, non-commercial purposes. You acknowledge and agree that the Mobile Apps are licensed, not sold, to You for use only under the terms and conditions of the Agreement. All rights granted to You under this Agreement are subject to Your compliance with the Agreement in all material respects. Your access to and use of the Services must further comply in all material respects with any usage guidelines posted by Company.
  10. Additional Data Services. Company may provide RSS, Data API, and/or Widget Services (collectively “Additional Data Services”) within certain portions of the Services. You agree that, in addition to the other terms set forth in these Agreement, the following terms apply to all Additional Data Services. All Additional Data Services are provided for Your non-commercial use only, and any other use is forbidden. You may not edit, modify, or otherwise alter the text, content, or links supplied to You through the Additional Data Services. You may not resell, lease, license, assign, redistribute, or otherwise transfer any part of the Additional Data Services. Any RSS or Data API Services may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full content on the Services. You may not display the data in any manner that does not permit successful linking to, redirection to or delivery of the applicable Company Services page. In addition, You may not insert any intermediate page, splash page, or other content between the data or link and the applicable Company Services page.
  11. Modifications to the Service; Updates. Company reserves the right at any time to modify, suspend or discontinue the Services (or any portion thereof) with or without notice, and Company shall not be liable to You or to any third party for any such modification, suspension, or discontinuance; provided, however, that in the event of discontinuance, You will be entitled to receive a prorated refund for the unused portion of any active subscription. Company may at its sole discretion from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Services (“Updates”). Company may develop Updates that require installation by You before You continue to access or use the Services. Updates may also be automatically installed without providing any additional notice to You or receiving any additional consent from You. The way Updates may be automatically downloaded and installed is determined by settings on Your device, its operating system and/or the applicable app store settings.
  12. Changes to Terms of Use. Company reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is Your responsibility to check this Agreement periodically for changes. Notice of material changes to these Terms of Use will be posted at the beginning of these Terms of Use. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Company may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  13. Disclaimer of Warranties. The Services is provided “as is.” Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Neither Company nor its suppliers and licensors make any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or services through, the Services at Your own discretion and risk.
  14. Limitation of Liability. In no event will Company, or its suppliers or licensors be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (a) any special, incidental, or consequential damages; (b) the cost of procurement or substitute products or services; (c) interruption of use or loss or corruption of data; or (d) any amounts that exceed the fees paid by You to Company under this Agreement during the 12-month period prior to the cause of action. Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  15. Your Representations and Warranties. You represent and warrant that: (a) Your use of the Services will be in strict accordance with this Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside); and (b) Your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
  16. You agree to indemnify and hold harmless Company, its contractors, and licensors, and their respective directors, officers, employees, and agents from and against all claims and expenses, including legal fees and costs, arising out of Your use of the Services, including, but not limited to, Your violation this Agreement, or arising out of the publishing of Company’s source code or the acceptance of code contributions from outside parties.
  17. Binding Arbitration and Class Action Waiver. ALL CLAIMS SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except that Company will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where You live in any dispute where You assert a claim against Company, unless You demonstrate to the arbitrator that You would be entitled to file that civil action in federal court without payment of the then-applicable fee). The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, You agree that the hearing will be conducted in the largest city in Your state within 100 miles of where You live. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction. WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN COLORADO. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, INCONVENIENT FORUM, OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM. Notwithstanding anything to the contrary, You and Company may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
  18. International Use. If You are not a United States resident and You are accessing the Services from outside the United States, then You agree to transfer certain information outside Your home country to us and that You will follow all the laws that apply to You. Company uses servers and operations located primarily in the United States and Company policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (a) You consent to the transfer, storage, and processing of Your information (including personal information) to and in the United States and/or other countries; and (b) You represent and warrant that You are not: (i) located in a country that is subject to a U.S. Government embargo, listed in the Area Control List under Canada’s Export and Import Permits Act, or designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List; and (c) You agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which You reside and the country from which You access the Services.
  19. General This Agreement constitutes the entire agreement between Company and You concerning the subject matter hereof and may be modified only by a written amendment signed by an authorized executive of Company, or by the posting by Company of a revised version of these Terms of Use. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the State of Colorado, U.S.A., excluding its conflict-of-law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts for Colorado. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and legal fees. If any part of this Agreement is held invalid or unenforceable, then that part will be construed to reflect the original intent of the parties, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign Your rights under this Agreement; however, Company may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties and their successors and permitted assigns.