Last Updated: March 4, 2025
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and How's the James ("we," "us" or "our"), concerning your access to and use of the howsthejamesrva.com website.
By accessing or using our website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the website.
Unless otherwise indicated, the website and all its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission.
By using the website, you represent and warrant that:
How's the James provides real-time data and safety information for the James River in Richmond, VA. All river conditions data is collected from USGS monitoring stations at the Westham Gauge (02037500) and Cartersville Gauge (02035000) and analyzed using artificial intelligence algorithms.
Disclaimer of Liability: The information provided on this website is for general informational purposes only. While we strive to provide accurate and timely information about river conditions, all data, predictions, and recommendations are provided "as is" without warranty of any kind. We do not guarantee the accuracy, completeness, or reliability of any data, predictions, or recommendations.
Use at Your Own Risk: River activities are inherently dangerous. Users should exercise their own judgment and take appropriate safety precautions when engaging in activities on or near the river. By using our service, you acknowledge and agree that you are solely responsible for your personal safety and the safety of others who may be affected by your actions.
Data Reliability: Data refreshes automatically every 10 minutes. However, environmental conditions can change rapidly, and there may be a delay between actual conditions and the data displayed on our website.
You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the website, you agree not to:
To the maximum extent permitted by law, in no event shall we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the website; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the website with whom you connected via the website.
We will maintain certain data that you transmit to the website for the purpose of managing the performance of the website, as well as data relating to your use of the website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website.
Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing.
We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the website without notice at any time.
We will not be liable to you or any third party for any modification, suspension, or discontinuance of the website.
These Terms of Service and your use of the website are governed by and construed in accordance with the laws of the Commonwealth of Virginia applicable to agreements made and to be entirely performed within the Commonwealth of Virginia, without regard to its conflict of law principles.
We may revise these Terms of Service at any time without notice. By using this website, you are agreeing to be bound by the then-current version of these Terms of Service.
In order to resolve a complaint regarding the website or to receive further information regarding use of the website, please contact us via the contact information provided on our website.
