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UndergroundGIS Terms of Service
Acceptance of the Terms of Service
- IP Ownership. UndergroundGIS, Inc. owns all intellectual property rights to the Service. Service features, look and feel, design, registered and unregistered trademarks are protected by the U.S. and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. Users own all intellectual property rights, if any, to user submitted content, and we do not acquire any ownership over user content.
- Indemnification. You agree to defend, indemnify and hold harmless the Service, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Service, including, without limitation, any content submitted by you.
By accessing the Service, you represent, warrant and agree that:
- You are solely responsible for the content you submit, and the security of your personal information.
- You will not receive any refunds.
- We may terminate any user account with or without notice using our sole reasonable discretion.
- You will treat all your login credentials as confidential. Do not disclose them to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- You will treat all Service users and administrators respectfully, online and offline.
- You are responsible for making all arrangements necessary for you to have access to the Service.
- You are responsible for ensuring that all persons who access the Service through your Internet connection are aware of these Terms of Service, and that they comply with them.
- We may withdraw or change our Service in any way we deem appropriate without prior notice to you. We are not be liable if for any reason all or any part of the Service is unavailable at any time or for any period to registered users or visitors.
- We have the right to disable any user identification provided by our Service and disable your whole account on our Service at any time for any reason or no reason without notice or explanation.
You must not:
- Use the Service for any illegal purpose, upload, post, link to, copy or republish copyrighted material without permission from the rights holder.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Service.
- Use a false name or impersonate any other person.
- Post or transmit to other users any defamatory, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or objectionable material. We reserve the right to judge what constitutes “objectionable” material.
- Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication without our prior written consent.
- Access the Service to build a competing service.
- Introduce any viruses or other harmful material, use any device, software or routine that interferes with the proper working of the Service.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
- Otherwise attempt to interfere with the proper working of the Service or anyone’s use and enjoyment of it.
- Use the Service where the failure of the Services or System could lead to death, personal injury, or physical environmental damage, including but not limited to use by “first responders” and other emergency personnel.
Monitoring and Enforcement; Termination
- We have the right to take any action that we deem necessary or appropriate if we believe that a user violates the Terms of Service, infringes any intellectual property right or other right, threatens the personal safety of users of the Service and the public. We may:
- Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Service.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.
- Block violator’s IP address and/or notify his or her Internet Service Provider
- Take appropriate legal action.
- However, we cannot undertake to review all material before it is posted on the Service for accuracy, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
Disclaimer of Warranty
- CLIENT AND ITS USERS AGREE TO ACCESS THE INSITETM UNDERGROUND UTILITIES MAP FILES USING THE INSITETM SYSTEM AT YOUR OWN RISK. IT IS THE USER’S RESPONSIBILITY TO ACCESS THE INSITETM UNDERGROUND UTILITIES MAP FILES PRUDENTLY USING VISUAL INSPECTION AND OTHER MEANS TO CONFIRM INFORMATION PROVIDED BY THE INSITETM UNDERGROUND UTILITIES MAP FILES. THE INSITETM UNDERGROUND UTILITIES MAP FILES ARE INTENDED TO BE USE ONLY AS AN AID IN LOCATING AND MAINTAINING UNDERGROUND UTILITIES AND MUST NOT BE USED FOR ANY PURPOSE REQUIRING PRECISE MEASUREMENT OF DIRECTION, DISTANCE, LOCATION OF TOPOGRAPHY.
- EXCEPT AS EXPRESSLY PROVIDED HEREIN, UNDERGROUNDGIS AND ANY THIRD PARTY SERVICE PROVIDERS, MAKE NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE MAPS AND DATA IMPLEMENTED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND UNDERGROUNDGIS MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF CONTENT, QUALITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, RELIABILITY, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- CLIENT IS RESPONSIBLE FOR CONFIRMING THAT THE INSITETM UNDERGROUND UTILITIES MAP FILES AS VIEWED THROUGH THE INSITETM SYSTEM CONFORM TO THE MAPS, DATA AND OTHER INFORMATION PROVIDED TO AND USED BY UGIS TO PREPARE THE FILES. CLIENT’S EXCLUSIVE REMEDY FOR THE FAILURE OF THE FILES TO CONFORM WILL BE FOR UNDERGROUNDGIS TO BRING THE FILES IN CONFORMITY DURING THE WARRANTY PERIOD.
- UGIS DOES NOT WARRANT THAT THE IMPLEMENTATION SERVICES OR ANY OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT WILL MEET THE CLIENT’S REQUIREMENTS OR THAT THEY OR THEIR ACCESS OR USE WILL BE ERROR FREE, OR COMPLETELY SECURE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ENTIRE RISK AS TO THE IMPLEMENTATION SERVICES AND ANY OTHER MATERIALS PROVIDED BY UGIS IS WITH THE CLIENT, INCLUDING FOR QUALITY AND PERFORMANCE AND FOR ACCURACY OR QUALITY OF ANY INFORMATION TRANSMITTED, RECEIVED OR OTHERWISE DELIVERED VIA THE IMPLEMENTATION SERVICES.
- WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.
Limitation of Liability
- IN NO EVENT WILL WE, OUR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SITES LINKED TO IT, ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL OUR MAXIMUM LIABILITY EXCEED THE SUBSCRIPTION FEE FOR ONE MONTH WHEN THE CLAIM AROSE. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION.
- UNDERGROUNDGIS SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE ACTIONS OR INACTIONS OF THIRD PARTIES.
- YOU AGREE THAT THE ABOVE LIMITATION OF LIABILITY ARRANGEMENT IS REASONABLE CONSIDERING THE PRICE OF OUR SERVICE.
Linking to the Service
- You may link to our Service in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- You cannot frame our Service on any other site.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
You may not assign your rights and obligations under these Terms of Service without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Service, at our sole discretion, without obtaining your consent.
Severability and Non-Waiver
- Should any part of these Terms of Service be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Service should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
- Enforcement of these Terms of Service is solely in our discretion, and failure to enforce the Terms of Service in some instances does not constitute a waiver of our right to enforce them in other instances.
Governing Law and Jurisdiction
These Terms of Service shall be governed by the laws of California, without regard to its conflict of law principles that would result in application of any other law. Any claim where the total amount in controversy is less than $10,000 USD, shall be resolved via binding, non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org. AAA and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall be conducted by an arbitrator who is approved or otherwise affiliated with the AAA; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties in writing; (d) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; (e) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding; and (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. YOU UNDERSTAND AND AGREE THAT THIS ARBITRATION CLAUSE MEANS THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS ARBITRATION CLAUSE.
Changes to the Terms of Service
We update these Terms of Service every once in a while as we deem appropriate, without notifying you. We then post the changes on this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Service following the posting of revised Terms of Service constitutes your acceptance of the changes.
All feedback, comments, requests for technical support and other communications relating to the Service should be directed to our customer service representative at email@example.com.