Legal
Terms & Conditions
Effective and last updated:
These Terms & Conditions (“Terms”) govern your access to and use of the Floating Texas website, maps, river grades, reports, and related content (collectively, the “Site”). “Floating Texas,” “we,” “us,” and “our” mean the operator of the Site.
1. Agreement and eligibility
By accessing or using the Site, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, do not use the Site. You must be legally capable of entering into these Terms. A minor may use the Site only with the involvement and supervision of a parent or legal guardian.
The Site is offered for general informational purposes. It is not intended for use where a failure, delay, error, or omission could lead to death, personal injury, or property or environmental damage.
2. Information only — not safety or professional advice
The Site does not provide safety, emergency, legal, medical, navigation, weather, hydrology, or other professional advice. River grades, scores, labels, maps, forecasts, descriptions, and suggested activity ranges are simplified estimates, not safety determinations or promises that any location or activity is safe, open, legal, accessible, or suitable for you.
Water and weather conditions can change suddenly and can differ substantially between a gauge and a particular location. Data may be provisional, delayed, incomplete, unavailable, incorrectly transmitted, or revised. Algorithms and editorial judgments may contain errors. Never rely on the Site as your only source when making a safety-related decision.
The Site is not an emergency warning system and may not display every warning, closure, contamination notice, dam release, flood condition, or other hazard. In an emergency, leave the area if you can do so safely and call 911 or the appropriate local authority. Consult current information from official government agencies, land managers, emergency officials, and on-site notices before going on or near the water.
3. Access information and your responsibilities
A location shown as an access point may be closed, restricted, privately owned, moved, unsafe, or subject to fees, permits, hours, reservations, or special rules. A map marker, description, or listing does not grant permission to enter or use any land, water, road, facility, or launch. Property lines and routes may be approximate.
You are solely responsible for:
- independently checking present weather, water, access, and emergency conditions;
- obeying closures, signs, laws, regulations, permits, and private-property rights;
- assessing your health, skills, experience, equipment, route, and companions;
- using an appropriate, properly fitted personal flotation device and other safety gear;
- arranging appropriate supervision for children and inexperienced participants; and
- deciding whether to travel to, enter, remain at, or leave any location.
Floating Texas does not own, occupy, manage, inspect, maintain, or control the rivers, access points, roads, parks, outfitters, or other places and services shown on the Site. We do not organize, sponsor, guide, or supervise your trip or activity.
4. Assumption of river and outdoor risks
Being on or near rivers and other outdoor areas involves obvious and hidden risks that can cause serious injury, illness, paralysis, drowning, or death, as well as property loss or damage. Risks include rapidly changing water levels; flash floods; strong or deceptive currents; hydraulics and low-head dams; submerged objects; strainers, debris, rocks, and drop-offs; cold or contaminated water; severe weather; heat and sun exposure; wildlife; slippery or unstable terrain; remote locations; limited rescue access; equipment failure; traffic; other people; and the acts or omissions of landowners, outfitters, guides, other participants, and third parties.
You knowingly and voluntarily assume all risks associated with your decision to travel to, enter, use, occupy, or be on or near any river, access point, or outdoor location, whether or not a risk is described in these Terms and whether or not you used or relied on the Site.
5. Release and express assumption of risk
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, FOR YOURSELF AND YOUR HEIRS, ESTATE, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, RELEASE AND DISCHARGE FLOATING TEXAS, THE SITE OPERATOR, AND EACH OF THEIR OWNERS, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, AND LIABILITIES ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO, USE OF, RELIANCE ON, OR INABILITY TO USE THE SITE; (B) ANY ERROR, OMISSION, DELAY, INTERRUPTION, MAP LOCATION, RIVER GRADE, SCORE, ALERT, FORECAST, OR THIRD-PARTY DATA; OR (C) YOUR DECISION TO TRAVEL TO, ENTER, USE, OCCUPY, OR BE ON OR NEAR ANY RIVER, ACCESS POINT, OR OTHER LOCATION.
THIS RELEASE EXPRESSLY INCLUDES CLAIMS ALLEGING THE ORDINARY NEGLIGENCE OF A RELEASED PARTY, WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE, INCLUDING NEGLIGENT COLLECTION, SELECTION, INTERPRETATION, DISPLAY, OR UPDATING OF INFORMATION AND NEGLIGENT FAILURE TO WARN.
This section does not release gross negligence, willful misconduct, fraud, or any other liability that applicable law does not permit to be released in advance.
6. Disclaimer of warranties
To the fullest extent permitted by law, the Site and all content, data, grades, maps, links, and services are provided “as is” and “as available,” with all faults and without warranties of any kind. The Released Parties disclaim all express, implied, and statutory warranties, including accuracy, completeness, timeliness, reliability, availability, merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, secure, current, or error-free, or that any location or activity is safe, open, lawful, accessible, or suitable.
7. Limitation of liability
To the fullest extent permitted by law, no Released Party will be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost data, personal injury, death, illness, emotional distress, property damage, rescue expense, travel expense, or loss arising out of or related to the Site, your reliance on information, or your presence on or near a river or other location, regardless of the legal theory and even if advised that such harm was possible.
If liability cannot lawfully be excluded, the Released Parties' total aggregate liability for all claims arising out of or related to the Site or these Terms will not exceed the greater of $100 or the amount you paid directly to Floating Texas to use the Site during the twelve months before the event giving rise to the claim.
Some jurisdictions do not allow certain warranty exclusions or liability limits, so some of the provisions above may not apply to you. In that event, they apply only to the maximum extent permitted by law.
8. Third-party data, services, and links
The Site uses or links to information and services supplied by others, including government agencies, mapping providers, weather services, land managers, and businesses. Floating Texas does not control or endorse third-party content and is not responsible for its accuracy, availability, practices, or terms. Your use of a third-party service is governed by that provider's terms. Data-provider names and marks belong to their respective owners; their appearance does not imply that they sponsor or endorse Floating Texas.
9. Acceptable use and intellectual property
You may use the Site for lawful, personal, noncommercial purposes. You may not interfere with the Site, bypass access controls, introduce malicious code, use the Site to violate another person's rights, misrepresent Site information as an official warning or guarantee, or use content in a way that creates a safety risk. Except for third-party content, the Site and its original content, design, and software are owned by or licensed to Floating Texas and are protected by applicable intellectual-property laws.
10. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold the Released Parties harmless from third-party claims, damages, judgments, losses, liabilities, costs, and reasonable attorneys' fees arising from your unlawful use of the Site, your violation of these Terms or another person's rights, your trespass, or your intentional or negligent conduct. This obligation does not require you to indemnify a Released Party for liability that applicable law prohibits that party from shifting to you.
11. General terms
Changes and availability
We may change, suspend, or discontinue any part of the Site at any time. We may also update these Terms by posting the revised version and changing the effective date. Changes apply prospectively when posted. Your continued use after an update means that you accept the revised Terms.
Governing law and venue
Texas law governs these Terms, without regard to conflict-of-law rules. To the fullest extent permitted by law, any dispute that is not resolved informally will be brought exclusively in the state or federal courts serving the Texas county in which the Site operator maintains its principal place of business, and each party consents to the jurisdiction and venue of those courts.
Severability; no waiver; assignment
If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a reorganization, transfer of the Site, or transfer of substantially all related assets.
Entire agreement
These Terms are the entire agreement between you and Floating Texas concerning the Site and supersede prior or contemporaneous understandings about the Site. Headings are for convenience only.
Contact
Questions about these Terms may be sent through the contact form on our About page.