Disclaimer

PACK OF RACCOONS — USER AGREEMENT, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK

PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE CREATING AN ACCOUNT OR USING THE PACK OF RACCOONS APPLICATION (THE "APP"). BY CHECKING "I AGREE" AND CREATING AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY EVERY SECTION BELOW. IF YOU DO NOT AGREE, DO NOT USE THE APP.

1. WHAT THIS APP IS — AND ISN'T

Pack of Raccoons is a community logging and awareness application operated under the Pack of Raccoons name ("we," "us," "our," or "Pack of Raccoons"). The App allows users ("you" or "User") to document litter, log activity they independently choose to perform, and view user-submitted information.

The App does not organize, coordinate, sponsor, supervise, assign, recommend, direct, dispatch, verify, equip, train, or require any cleanup activity, location, route, item, or user conduct. Any cleanup activity, travel, site visit, photograph, observation, retrieval, or related activity you perform is something you independently decide to do, at a time, place, and manner of your own choosing, with equipment and judgment of your own choosing.

You are not an employee, agent, contractor, partner, representative, or volunteer of Pack of Raccoons. No compensation, wages, benefits, workers' compensation, insurance, or relationship of any kind is created by your use of the App. You act solely on your own behalf.

For purposes of this Agreement, "cleanup activity" means any activity by which a User retrieves, gathers, photographs, logs, or documents debris, litter, scrap, metal, found objects, or other materials from public or permitted environments — including without limitation roadside or pedestrian litter pickup, magnet fishing, metal detecting, waterway and shoreline cleanup, beach combing, urban scavenging, and similar methods. This definition is intentionally broad and applies throughout this Agreement.

2. NO DIRECTION, NO SUPERVISION, NO HAZARD RESPONSE

The App is a passive logging and community information tool. Pack of Raccoons does not direct, supervise, coordinate, dispatch, verify, recommend, endorse, certify, or control any user, any user activity, any cleanup location, any route, any item, any pin, any report, or any site. User-submitted locations and content are unverified.

Pack of Raccoons does not monitor the App for emergencies, hazards, traffic risks, trespassing risks, criminal activity, weather, or any other condition. Pack of Raccoons has no obligation to inspect locations, remove hazards, contact authorities, warn users about any specific location or condition, or respond to any pin, upload, message, report, or user activity.

Pack of Raccoons does not provide, recommend, certify, sell, fit, train on, or stand behind any personal protective equipment, technique, route, vehicle, tool, supply, or method. Pack of Raccoons does not run a safety program, training program, or certification of any kind. Any information that appears anywhere in the App or in any Pack of Raccoons communication is general background only and is not safety advice, professional advice, training, instruction, or guidance of any kind.

Logging a pin in the App does not notify any emergency service, hazardous-materials team, sanitation department, law enforcement agency, property owner, or other authority or person. The App is not a reporting channel for hazards or emergencies of any kind.

3. INHERENTLY DANGEROUS ACTIVITY — ASSUMPTION OF RISK

Cleanup activity is inherently dangerous. You can be cut, infected, poisoned, struck by a vehicle, bitten, stung, drowned, robbed, assaulted, arrested, or killed.

Categories of risk you knowingly and voluntarily assume include, without limitation:

Cuts, punctures, and lacerations from broken glass, scrap metal, wire, hooks, fishing line, and other sharp debris.
Needle-stick injuries and exposure to used hypodermic needles, syringes, and drug paraphernalia, which may transmit Hepatitis B, Hepatitis C, HIV, tetanus, and other serious infections.
Exposure to biohazardous materials (human and animal waste, blood, vomit, other bodily fluids) and the diseases they may carry.
Exposure to hazardous chemicals, solvents, fuels, batteries, pesticides, asbestos, lead paint, propane, pressurized containers, and unidentified containers of liquids, powders, or gases.
Motor vehicle traffic — being struck, sideswiped, or run over by cars, trucks, motorcycles, bicycles, or other vehicles.
Falls, slips, trips, falling objects, and uneven, slippery, or unstable terrain.
Drowning, entanglement, hypothermia, and other water-related injury, including risks specific to magnet fishing, wading, and shoreline activity in or near creeks, rivers, ponds, lakes, storm drains, culverts, retention basins, harbors, and coastal areas.
Recovery of unexpected items, including weapons, ammunition, explosives, ordnance, or items posing other hidden hazards.
Wildlife encounters including raccoons, skunks, rodents, snakes, spiders, bees, wasps, ticks (and tick-borne illness including Lyme disease), mosquitoes, feral cats and dogs, and other wild or domestic animals, including bites, scratches, and exposure to rabies.
Heat exhaustion and heat stroke; cold injury and frostbite; sunburn; dehydration.
Strains, sprains, hernias, and other musculoskeletal injury.
Allergic reactions, including life-threatening anaphylaxis, from plants (poison ivy, poison oak, poison sumac), insect stings, latex, or unknown substances.
Assault, harassment, robbery, or other criminal acts by third parties.
Encounters with intoxicated, hostile, mentally ill, or armed individuals.
Trespass claims, citations, arrest, fines, or civil liability for entering property without authorization or violating other laws.
Property damage to your own vehicle, equipment, clothing, or personal items.

This list is illustrative, not exhaustive. You acknowledge that these and other risks cannot be eliminated regardless of what care you take, and you accept full personal responsibility for any harm you suffer or cause.

4. YOUR JUDGMENT, YOUR CHOICES, YOUR RESPONSIBILITY

Pack of Raccoons does not provide safety training, legal advice, site inspection, personal-protective-equipment advice, route planning, or activity supervision. Pack of Raccoons does not determine what is safe, lawful, or appropriate for any user, location, item, or activity. You are solely responsible for those determinations.

Every decision you make in connection with the App is yours alone, including (without limitation):

whether to use any protective equipment, and if so, what equipment to use, of what type or grade, and how to use, fit, inspect, and maintain it;
where you go, what surface you stand on or near, how close you get to moving vehicles, whether you enter or cross any road, shoulder, bridge, median, ramp, intersection, or other travel area;
whether to touch, move, pick up, transport, dispose of, photograph, or report any item — including items that may carry health, safety, legal, or regulatory risk;
whether the property, waterway, or land you are on is public, permitted, or off-limits, and whether your presence and activity there are lawful;
whether to engage with, photograph, approach, or avoid any other person;
whether your physical condition, fitness, age, allergies, immunizations, medications, hydration, and mental state are appropriate for any activity you choose to perform;
whether to participate alone, with others, in daylight, in darkness, in heat, in cold, in rain, or in any weather conditions;
when to stop, when to leave, when to call 911, when to call any other authority, and when (if ever) to ask for help.

You are an adult. We rely on you to make these decisions for yourself, and you accept full responsibility for the decisions you make and for the consequences of those decisions. No warning, suggestion, omission, or absence of warning from Pack of Raccoons creates any duty on our part, and you are not relying on Pack of Raccoons for any guidance about how to perform any activity safely or lawfully.

5. EMERGENCIES, MEDICAL, AND OUTSIDE HELP

The App is not a substitute for emergency services. In any emergency — injury, exposure, threat, fire, or crime in progress — call 911 (or your local emergency number). Pack of Raccoons does not monitor the App for emergencies. Pack of Raccoons does not dispatch help. Nothing submitted through the App is forwarded to emergency services, hazmat teams, law enforcement, sanitation, public health, or any other responder.

The App does not provide medical advice, occupational advice, training, or instruction of any kind. Any health-related information that appears in the App is general background only and is not a substitute for the judgment of a qualified professional. Decisions about your physical fitness for activity, vaccination status (including tetanus), medication needs, and any other health-related matter are yours alone.

6. AGE AND ELIGIBILITY

You must be at least 18 years old to create an account, use the App, or engage in any activity through the App. There are no exceptions.
Persons under 18 are not permitted to create accounts, use the App, or engage in activity through it, with or without parental consent.
You may not create an account on behalf of another person.
By creating an account, you represent and warrant that you are at least 18 years of age. Misrepresentation of age is grounds for immediate termination and may constitute fraud.

7. APP DATA — NO GUARANTEES

The locations, pins, photos, descriptions, and other information shown in the App are user-generated and unverified. Pin locations are user-dropped coordinates associated with a logged activity. They are not real-time user locations, verified cleanup sites, directions, recommendations, safe access points, or proof that any person is currently present at that place.

Pack of Raccoons makes no representation or warranty that:

a pinned location is on public property;
a pinned location is the exact location of any item, cleanup, user, vehicle, entrance, route, or safe access point;
a pinned location is safe or legal to access;
the description of debris at a location is accurate or complete;
any user should visit, inspect, or act on a pinned location;
a site is free of needles, hazardous materials, wildlife, or hostile persons;
a reported cleanup has actually been completed; or
map data, GPS coordinates, or routing information are correct or current.

You are solely responsible for assessing every site before, during, and after any activity, and for the accuracy, lawfulness, and appropriateness of any content you submit.

8. LEGAL COMPLIANCE

You are solely responsible for knowing and complying with all federal, state, and local laws, regulations, ordinances, permit requirements, and rules that apply to any activity you perform in connection with the App or to the locations you visit, including without limitation:

Permits, licenses, and authorizations required for metal detecting, magnet fishing, digging, probing, sweeping, retrieval, or removal of any item from any location;
Federal and state laws protecting historic, archaeological, cultural, paleontological, or natural resources, including the Archaeological Resources Protection Act and any analogous state laws;
Rules of any park, public land, beach, waterway, watershed, easement, or other regulated area you enter (many state and national parks, for example, restrict or prohibit metal detector use, magnet fishing, and item removal);
Property rights, trespass laws, and permission requirements for entering private property;
Laws governing weapons, ammunition, explosives, ordnance, and related materials, including obligations to notify authorities about found items;
Hazardous waste, sharps, biohazard, and waste-disposal regulations;
Traffic, pedestrian, and roadside ordinances;
Privacy, photography, surveillance, and recording laws.

Pack of Raccoons does not advise you on which laws apply to your activity or location, does not interpret applicable law, and does not verify that any activity you perform or content you submit is lawful. Compliance with all applicable law — including obtaining any required permit before any activity — is your responsibility alone. Use of the App does not authorize you to take any action you are not otherwise legally entitled to take.

9. PLATFORM USE RESTRICTIONS

These are restrictions on how you may use the App. They are not safety rules and do not represent any safety judgment by Pack of Raccoons. Violation may result in content removal, ranking removal, account suspension, or termination, in our sole discretion.

You may not use the App to:

Submit, log, or treat any pin or upload as an emergency report, hazardous-materials report, law-enforcement report, or request for any responder, dispatcher, or authority of any kind.
Document or facilitate any unauthorized metal detecting, magnet fishing, digging, excavation, artifact removal, or sweeping where such activity is regulated by law or requires a permit you do not hold.
Document trespass, vandalism, theft, harassment, stalking, or any other unlawful activity, or use the App to plan, coordinate, or recruit for any such activity.
Submit content depicting minors, identifiable bystanders without consent, private residences, addresses, license plates, or other sensitive personal information.
Impersonate any person or entity, misrepresent your identity, age, or affiliation, or operate accounts on behalf of any other person.
Submit content that is false, fraudulent, defamatory, obscene, harassing, threatening, or that infringes any third party's rights.
Interfere with the App's operation, attempt to bypass moderation, rate limits, or security measures, scrape content, reverse-engineer the App, or use any automated means to access the App except as expressly permitted by us in writing.

These restrictions are conditions of your license to use the App. Pack of Raccoons has no obligation to police or enforce these restrictions, and our enforcement or non-enforcement of any restriction creates no duty to monitor the App or any user.

10. NO ENDORSEMENT; NO PRIZES; NO INSTRUCTIONS

Pack of Raccoons does not award points, badges, rankings, recognition, or any other in-App benefit for entering dangerous areas, handling hazardous materials, working in traffic, trespassing, harassing other people, or violating any law. No leaderboard placement, badge, ranking, or other in-App recognition is an endorsement, certification, approval, or recommendation of the underlying conduct, the location, the equipment, the technique, or the user, and does not constitute compensation, a wage, a prize, an award of monetary value, or an instruction or encouragement to visit any location or to handle, retrieve, or interact with any item.

Points, badges, and rankings have no cash value, are not redeemable for money, goods, or services, and confer no entitlement of any kind. We may remove content, remove rankings, and suspend or terminate accounts at our sole discretion at any time, for any reason or no reason.

11. PARTICIPANT INDEMNIFICATION, RELEASE & WAIVER OF LIABILITY AGREEMENT

This is an Indemnification, Waiver and Release of Liability Agreement ("Agreement") executed on the date the user checks "I Agree" and creates an account, by the user creating the account, the "Participant," in favor of Pack of Raccoons LLC ("Pack of Raccoons").

Participant desires to participate in an application that logs litter retrieval and engage in the activities related to being a Participant. Participant fully acknowledges and understands that the activities involve risk and dangers of serious bodily injury, permanent disability, death, and/or property damage. Participant hereby freely, voluntarily, and without duress executes this Release under the terms below:

A. Indemnification. Participant shall defend, indemnify and hold harmless Pack of Raccoons from and against any actual or threatened claim, loss, expense, or damage (including attorney fees) arising out of any act or neglect of the Participant.

B. Release and Waiver. Participant accepts and assumes all such inherent dangers and risks of bodily injury, permanent disability, death, and/or property damage in participating, even if caused, in whole or in part by/but not limited to, the negligence of the Pack of Raccoons and all of their respective members, managers, staff, directors, affiliated organizations and entities, representatives, agents and employees (collectively the "Pack of Raccoons Parties"). Recognizing the possibility of death and serious bodily injury associated with participating in the event activities, Participant, on behalf of his/herself, his/her agents, personal representatives, heirs, successors, executors, administrators, and assigns hereby agrees to waive, release, hold harmless and/or discharge the Pack of Raccoons Parties from any and all claims, demands, damages, attorney fees and costs, losses, injuries, liabilities, obligations or expenses of any kind which are made or could be made by me, or on Participant's behalf, in suits of law or equity, as a result of my participation in the application's activities, even though such claims may arise due to the negligence, carelessness or recklessness of such Pack of Raccoons Parties.

This release and waiver of claims is binding on the Participant, Participant's heirs, executors, administrators, legal representatives, assigns and successors in interest. Participant understands that he/she is giving up my right to sue the Pack of Raccoons Parties and giving up other valuable and substantial rights in exchange for being permitted to participate in the event activities.

C. Assumption of Risk. Participant understands that the application's activities pose risks that may be hazardous to the Participant, including but not limited to: those caused by terrain, natural and man-made structures, facilities, temperature, weather, vehicular traffic, sharp objects, and/or actions of others. The Participant hereby expressly and specifically assumes the risk of injury or harm in the activities, and releases Pack of Raccoons Parties from all liability of injury, death, property damage, and loss resulting from these activities either directly or indirectly.

12. NO WARRANTIES; LIMITATION OF LIABILITY; LIMITS OF THIS RELEASE

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RELEASED PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).

Nothing in this Agreement is intended to limit or exclude any liability that cannot lawfully be limited or excluded under applicable law, including liability for gross negligence, willful misconduct, fraud, or any liability that public policy or statute makes non-waivable. To the extent any provision of this Agreement is determined to be unenforceable as to a particular claim or party, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall continue in full force and effect. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages; in those jurisdictions, the foregoing limitations apply to the maximum extent permitted by law.

13. USER CONTENT

You retain ownership of content you submit (photos, descriptions, pin data) but grant Pack of Raccoons a worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, display, and distribute that content in connection with operating and promoting the App. You represent that your content does not infringe any third party's rights, does not depict identifiable people without their consent, and does not contain unlawful, defamatory, or harassing material.

When a pin is public and approved, your username, the pin's location, your photo, the items reported, and your notes become visible to all other users of the App. Approval of content for display means only that the content may appear in the App. It does not mean Pack of Raccoons has verified the location, legality, safety, accuracy, ownership, accessibility, or appropriateness of the content or the activity it depicts. Do not upload photos containing personal information (faces of bystanders, license plates, addresses, etc.) that you do not want made public. Photos may also contain embedded metadata (EXIF data, including GPS coordinates) that other users could extract. See our Privacy Policy for details.

14. PRIVACY

Your use of the App is also governed by our Privacy Policy, which describes what personal information we collect, how we use it, and the limited circumstances under which it is shared. By accepting this Agreement, you also acknowledge the Privacy Policy. The Privacy Policy is available inside the App on the Privacy page.

15. ACCOUNT TERMINATION

We may suspend or terminate your account at any time, with or without notice or cause, including for any violation of this Agreement, any unlawful activity, or any conduct that we determine in our sole discretion is harmful to other users, third parties, Pack of Raccoons, or the purpose of the App.

16. CHANGES TO THIS AGREEMENT

We may update this Agreement from time to time. Material changes will be presented to you in-App, and continued use after presentation constitutes acceptance. If you do not accept the updated Agreement, you must stop using the App and may close your account.

17. GOVERNING LAW; VENUE

The Participant expressly agrees that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of North Carolina and that this Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina. The Participant agrees that in the event that any clause or provision of this Agreement shall be held to be invalid by a court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of the Agreement which shall continue to be enforceable. The Participant agrees that any and all claims arising from the Participant's use of the application shall be brought exclusively in the Superior Court of Onslow County, North Carolina and the Participant consents to the jurisdiction and venue of the Onslow County, North Carolina Superior Court.

18. SEVERABILITY; ENTIRE AGREEMENT; NO WAIVER

If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between you and Pack of Raccoons regarding the App and supersedes all prior or contemporaneous communications. Our failure to enforce any provision shall not be a waiver of that or any other provision.

19. ACKNOWLEDGMENT

BY CHECKING THE BOX BELOW AND CREATING AN ACCOUNT, YOU AFFIRM THAT:

You have read this entire Agreement, including the no-direction / no-supervision / no-hazard-response language in Section 2, the assumption of risk in Section 3, the "your judgment, your responsibility" provision in Section 4, the legal-compliance provisions in Section 8, the platform-use restrictions in Section 9, the no-prizes / no-instructions provision in Section 10, the release of liability in Section 11, the limitation of liability and savings-clause provisions in Section 12, and the governing law and venue provisions in Section 17.
You understand that you are giving up substantial legal rights, including the right to sue, to the maximum extent permitted by law.
You are 18 years of age or older.
You have had an opportunity to review our Privacy Policy and acknowledge how we collect, use, and share your information.
You understand that every decision about whether and how to keep yourself safe is yours alone, and that Pack of Raccoons does not provide safety training, equipment, supervision, or determinations of what is safe or lawful.
You agree to be legally bound by every provision of this Agreement.

Also read our Terms of Service and Privacy Policy