Last modified: December 13, 2018
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Services. If you are accessing and/or using the Services on behalf of another individual, or as a consultant or agent of a third party, you represent and warrant that you have the authority to act on behalf of and bind such individual or third-party principal to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE.
Note that these terms and conditions may change from time to time, so please check back periodically to ensure that you are aware of any changes. Your continued use will signify your acceptance of these changes.
1.1 These terms and conditions apply to the website they are posted on as well as any linked websites or materials that are under our control.
2. License Granted
2.1 The Company hereby grants to you a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable and revocable license to use the Services, including to download and use any applications and to access and view all content made available through the Services.
2.2 Except as otherwise expressly stated, the Company or its affiliates own all intellectual property rights to the material on our website and reserve all intellectual property rights thereto. The Company or its licensors own all rights, title and interest (inclusive of all intellectual property rights) in and to the Services and any and all software, content, methodologies, technology, designs, graphics, illustrations, logos and marks used by us to provide the Service or in connection therewith (“Company IP”). You do not have any rights to, and may not, rent, lease, lend, sell, copy, transfer, reproduce, distribute, redistribute, sublicense, display, adapt or modify the Services or any Company IP. All rights not expressly granted to you are retained by the Company.
3. Compliance and Restrictions on Use
3.1 To the extent you choose to access our Services, you do so at your own risk. You may use the Service for lawful purposes only and only in accordance with these Terms. You are solely responsible for complying with any and all laws, rules, regulations and other obligations that may apply to your use of the Service, including any and all applicable data protection and privacy laws. Without limiting the foregoing, you agree not to use the Services as follows:
- for pornographic, indecent, obscene, defamatory or other unlawful purposes;
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by the Company in its discretion, may harm the Company or users of the Services or expose them to liability;
- to use the Services to send harassing and/or threatening messages to others or to abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person; or
- to discriminate against or harass anyone on the basis of race, national origin, religion, gender, sexual orientation, disability, medical condition, marital status, age or gender identity, or otherwise engage in abusive or disruptive behavior.
3.2 You agree not to misuse the Services. Your use of the Service is subject to these Terms, including the following restrictions and limitations. You may view, download for caching purposes, and print pages from our website, but you agree that you shall not, without our express written consent:
- copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, translate, attempt unauthorized access to, place undue load on, run automated processes on, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof, or any Company IP (except as and only to the extent any foregoing restriction is prohibited by applicable law);
- delete or alter any copyright, trademark or other proprietary rights notices from copies of materials obtained from the Services;
- republish, reproduce or store any portion of our website or the Services in any form for any purpose;
- copy, sell, resell, or otherwise exploit any portion of our website or Services for a commercial purpose;
- use the Services or any portion thereof for any purposes related to marketing, or in order to build, enhance, promote, or otherwise sell a competing offering;
- interfere with or disrupt any user, host, or network forming any part of the Service;
- exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening network capacity;
- knowingly submit false or misleading information through or in connection with our Services;
- use the Services or any portion thereof in any way that causes, or may cause, damage to the Services or impairment to the availability or accessibility of the Services; or
- use the Services or any portion thereof in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.3 Any attempt to do any of the foregoing is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages and we may, at our sole discretion, terminate your license and bar you from accessing the Services.
3.4 You agree to accept responsibility for any and all activities or actions that occur under your account, name and/or password or as a result of your use of the Services. You understand and acknowledge that you are responsible for how you use of the Services, and you, not the Company, have full responsibility for such use, including legality and appropriateness, including for any information you provide (such as personal information). You agree to notify the Company immediately upon becoming aware of any security breaches or unauthorized use. You are liable for any and all activities conducted through your account.
3.5 In the course of using the Services you may encounter content that may be deemed offensive, indecent, or objectionable. You acknowledge and agree that the Company is not in any way responsible for any use by you of the Services, including without limitation any use in violation of this Section 3 of these Terms, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using our Services.
3.6 You acknowledge that the Company has no obligation to monitor access to or use of the Services, but it has the right to do so if it chooses in order to secure and improve the Services, for fraud prevention, risk assessment, investigation, customer support and to ensure compliance with these Terms, or as it otherwise sees fit. The Company reserves the right to revoke your license and otherwise terminate your right to use the Services at any time in its sole discretion, for any or no reason, including, if in the Company’s opinion you have failed to comply with any provision of these Terms or for any illegal or criminal behavior.
4. Privacy and Use of Data
4.2 You agree that you are responsible for any and all information you provide or input or post via the Services and you acknowledge and agree that if you provide personal information for yourself or any third party you are authorized to do so and accept full responsibility in relation thereto, including without limitation with respect to the accuracy of such information.
4.3 If you, for any reason, collect, store or process personal information when using the Services, you must comply with all applicable privacy and data protection laws, taking into account the nature of the information to be processed. You agree and warrant that you are solely responsible when using the Services for complying with applicable data protection, security and privacy laws and regulations (including, where applicable the Canada’s Personal Information Protection and Electronic Documents Act, EU General Data Protection Regulation (“GDPR”) and Mexico’s Federal Law for Protection of Personal Data in Possession of Private Individuals (Ley Federal de Protección de Datos Personales en Posesión de Particulares) (the “Mexico Data Protection Law”) and its Regulations, including any consent and notice requirements).
4.4 You acknowledge and agree that if you act on behalf of an entity or organization established in the EU or which does business in the EU, then we provide you with a platform only and in relation to your use of the Services and any collection, use or disclosure of information by you related thereto, you, and not the Company, are a data Controller, as such term is defined in the GDPR and you are solely responsible to comply with any and all obligations related thereto. This includes without limitation the collection and processing by you of any personal data, when you use the Services or Services provided by third parties in conjunction with your use of the Services to collect personal information from individuals or other parties, send marketing and other electronic communications to individuals and when using cookies and similar technologies in conjunction with the Services.
4.5 You represent and warrant to the Company: (i) that in respect of your use of the Services, you acknowledge and agree that you are solely responsible for any and all compliance with the GDPR and all applicable privacy laws; (ii) that in respect of your use of the Services, you, and not the Company, are a Controller (as such term is defined in the GDPR) for the information you collect and use for the purposes of your business and/or related to your use of the Services; and (iii) that you have conducted, and will at all times conduct, your business and your use of the Services, in compliance with all applicable privacy laws, including but not limited to the GDPR.
4.6 You shall defend, indemnify and hold harmless the Company and its affiliates, officers, employees, agents, successors and assigns (a “Company Party”), from and against any and all fines, suits, actions, proceedings, claims, demands, debts, obligations, settlements, losses, damages, liabilities, costs and expenses (including reasonable legal and professional fees and costs) arising from or in any way connected to: (i) any breach of this Section 4, including but not limited to any failure to comply with the GDPR or other applicable privacy laws; and (ii) any claim against Company or a Company Party by any third party to the extent caused by, relating to or arising in connection with any act or omission of or by you or a party related to you in the performance of this Section 4, and/or compliance with the GDPR or other applicable privacy laws.
5.1 The license is effective until terminated by you or us. The Company may, at its sole discretion, terminate or suspend your license and bar access to the Services immediately, without prior notice or liability, for 1) a breach of these Terms, the Company’s policies, applicable laws or regulations, or third party rights; 2) if the Company believes in good faith that such action is reasonably necessary to protect the personal safety or property of the Company or third parties, or for fraud prevention, risk assessment or security purposes. Upon termination of the license, you shall cease all use of the Services and destroy all copies, full or partial, of any Company IP.
6. Links to Other Websites
6.1 The Services may contain links to third party websites, services or resources that are not owned or controlled by the Company. These links are provided for your convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to the Services. Any information, data, opinions, recommendations, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of the Company or its affiliates. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. The Company does not warrant the offerings of any of these entities/individuals or their websites.
6.2 You acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. The Company strongly advises you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
7. Availability, Errors, and Inaccuracies
7.1 The Company reserves the right, at its sole discretion, to withdraw or amend the Services and any service or material it provides in connection thereto without notice. The Company will not be liable if for any reason all or part of the Services are unavailable at any time or for any period of time.
7.2 Due to the nature of the Internet, the Company does not guarantee continuous and uninterrupted availability and accessibility of the Services. The Company may also restrict the availability of the Services if it deems it to be necessary for any reason, in its sole discretion, including for the security of its servers, or to carry out maintenance of the Services. The Company reserves the right to change or update information and to correct errors, inaccuracies, or omissions or to improve, enhance and modify the Services and introduce new Services from time to time, at any time, without prior notice.
8. General Disclaimer
8.1 The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranty of any kind, express or implied. Without limiting the foregoing, the Company explicitly disclaims any warranties of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of course of dealing or usage or trade, to the fullest extent permitted by applicable law.
8.2 The Company does not warrant that a) the Services will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.
9. Limitations of Liability
9.1 The information on our website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable with respect to the website and the information contained within.
9.2 Our liability and that of our affiliates is limited and excluded to the maximum extent permitted under applicable law.
9.3 YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER THE COMPANY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, NOR ANY OTHER PARTY INVOLVED, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, SERVICE INTERRUPTION, MOBILE DEVICE DAMAGE, SYSTEM FAILURE OR OTHER INTANGIBLE LOSSES, OR FOR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OR FOR DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (I) THESE TERMS; (II) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (III) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE WEBSITE; OR (IV) ANY CONTENT OBTAINED FROM THE SERVICES, IN ALL CASES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
9.4 NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THESE TERMS, THE LIABILITY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES, AND ANY OTHER PARTY INVOLVED SHALL NOT EXCEED, IN THE AGGREGATE, FOR ANY AND ALL CLAIMS IN CONNECTION WITH THESE TERMS, ONE HUNDRED DOLLARS ($100).
9.5 You release the Company from any and all liability, damages or loss, whether economic or non-economic, of any type or character, arising out of or in connection with the Services, whether based on warranty, contract or tort (including negligence), product liability or any other legal theory, to the maximum extent permitted by law.
10.1 You agree to release, defend, indemnify and hold harmless the Company, its affiliates and its licensees and licensors, and their respective employees, contractors, agents, officers, directors, and suppliers, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgements, awards, costs and expenses (including but not limited to reasonable legal fees), resulting from or arising out of (a) improper use of and access to the Services, by you or any person using your account; (b) a breach of these Terms and/or Company policies; (c) any claim or allegation that your use of the Services infringes the intellectual property or other proprietary rights of the Company or any third party; or (d) your breach of any laws, regulations or third party rights.
11. User Content
11.1 With respect to any material or information that you submit on our website, except as otherwise provided by applicable law, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use and reproduce such information.
12. Governing Law
12.1 These Terms will be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
13. Waiver and Severability
13.1 The Company’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain and continue in full force and effect.
14. Entire Agreement
14.1 Except as they may be supplemented by additional terms and conditions, Policies, guidelines or standards, these Terms constitute the entire agreement between you and the Company and govern your use of the Services, and supersede and replace any prior agreements that might have been in place between you and the Company regarding the Services, including but not limited to any prior versions of these Terms.
15. No Partnership
15.1 You agree and acknowledge that your relationship with the Company is limited to being a user of the Services, and an independent third-party contractor and that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these Terms or your use of the Services. You act exclusively on your own behalf and for your own benefit and not on behalf of or for the benefit of the Company.
16. No Assignment
16.1 You may not assign, transfer or delegate these Terms and your rights and obligations hereunder without the Company’s written consent. The Company may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder at its sole discretion by providing you with notice of the assignment.
17.1 Unless specified otherwise, any notices or communications to registered users required under these Terms will be in writing and sent via e-mail.
The full name of our company is Digital Map Products, Inc. and, our address is 5201 California Avenue, Suite 200, Irvine, CA 92617.
If you have any questions, please email us at firstname.lastname@example.org or call us at 949-333-5111.