Effective August 16, 2016
This Mapline User Agreement (“User Agreement”) is a binding contract between you, an individual user (“you”) and Mapline Inc. (“Mapline,” “we,” or “us”) governing your access to and use of Mapline’s website found at https://mapline.com (“Website”) including Mapline’s proprietary web-based software platform (“Platform”), any downloadable software made available by Mapline (“Software”), any application programming interface information made available by Mapline (“API Information”), any browser extensions, plug-in, or add-in made available by Mapline (“Browser Extensions”), and any mobile applications made available by Mapline (“Apps”) (the Website, Platform, Software, API Information, Browser Extensions, and Apps are, collectively, the “Service”). BY INSTALLING ANY SOFTWARE, BROWSER EXTENSIONS, OR APPS, OR OTHERWISE ACCESSING OR USING THE MAPLINE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS USER AGREEMENT. IF YOU ARE USING THE MAPLINE SERVICE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, THEN YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AN AUTHORIZED REPRESENTATIVE OF THAT ENTITY WITH THE AUTHORITY TO BIND THAT ENTITY TO THIS USER AGREEMENT; AND (ii) AGREE TO BE BOUND BY THIS USER AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE MAPLINE SERVICE.
- Summary of Material Terms. As provided in greater detail in this User Agreement (and without limiting the express language of this User Agreement), you acknowledge the following:
- the Mapline Service is licensed, not sold to you, and that you may use the Mapline Service only as set forth in this User Agreement;
- the use of the Mapline Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
- the Mapline Service is provided “as is” without warranties of any kind, and Mapline’s liability to you is limited;
- disputes arising under this User Agreement will be resolved by binding arbitration. By accepting this User Agreement, as provided in greater detail in Section 23, you and Mapline are each waiving the right to a trial by jury or to participate in a class action; and
- if you are using the Mapline Service on an iOS-based device, then you agree to and acknowledge the “Notice Regarding Apple,” in Section 26.
- Service Overview. The Mapline Service is a platform that allows users to visualize and analyze data including through certain GIS technology.
- Eligibility. You must be at least 18 years of age to use the Mapline Service. By agreeing to this User Agreement, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Mapline Service; and (c) your registration and your use of the Mapline Service is in compliance with all applicable laws and regulations.
- Scope of License to Users.
- License Grant to You. The Mapline Service is licensed, not sold, to you for use only under the terms of this User Agreement. Subject to your complete and ongoing compliance with the terms and conditions of this User Agreement and payment of all applicable fees, Mapline hereby grants you a personal, limited, revocable, non-exclusive, non-transferable license to: (a) download, install, and use the Browser Extensions, Apps, and Software on compatible authorized devices that you own or control; (b) send and receive calls from the Mapline Service and otherwise interface with the Mapline Service as described by the API Information; and (c) access and use the Platform and Website; in each case solely for your own internal use or for the internal use of the entity on whose behalf you are authorized to act.
- License Limitations. You may not modify, alter, reproduce, or distribute the Mapline Service. You may not directly rent, lease, lend, sell, redistribute, or sublicense the Mapline Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Mapline Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third Party Service (as defined below)), nor attempt to disable or circumvent any security or other technological measure designed to protect the Mapline Service or any content available through the Mapline Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in this User Agreement, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Mapline Service.
- Applicability to Updates. This User Agreement will govern any updates provided to you by Mapline that replace or supplement the Mapline Service, unless the upgrade is accompanied by a separate license or revised User Agreement, in which case the terms of that license or revised User Agreement will govern.
- Accounts and Registration.
- To access most features of the Mapline Service, you may need to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
- If you are an organization or entity, subject to payment of all applicable fees and compliance with this User Agreement, you may authorize your employees, customers, students, agents, subcontractors or other constituents to use the Mapline Service (“Authorized Users”) subject to the terms of this Section 5.2. Unless otherwise specified by Mapline: (i) each Authorized User will be required to register and create an account to access the Mapline Service; (ii) each issued account is personal to the Authorized User it is issued to and may not be used by any other individuals; and (iii) each Authorized User must agree to this User Agreement. In any case, you are responsible for ensuring that each of your Authorized Users complies with this User Agreement and you are fully responsible and liable for the acts and omissions of each of your Authorized Users as if they were your own acts or omissions.
- User Content.
- User Content Generally. Certain features of the Mapline Service may permit users to upload content to the Mapline Service, including comments, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Mapline Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Mapline Service.
- Limited License Grant to Mapline. By posting or publishing User Content, you grant Mapline a worldwide, perpetual, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any and all media or distribution methods (now known or later developed) in accordance with the settings on your account and the features of the Mapline Service you elect to utilize. However, Mapline may use that User Content for other purposes provided that it does not specifically identify you as the source of that content.
- Limited License Grant to Other Users. By posting or sharing User Content with other users of the Mapline Service, you grant those users a non-exclusive license to access and use that User Content as permitted by this User Agreement and the functionality of the Mapline Service.
- Restrictions; Data Retention. You acknowledge that the Mapline Service is not intended for the storage or processing of Social Security numbers, credit or debit card numbers, financial account numbers, driver’s license numbers, medical information, health insurance information, sensitive data about personal characteristics or other personal data that may pose a risk of harm to the individual if improperly disclosed (collectively, “Sensitive Personal Information”). You agree not to upload or otherwise submit any Sensitive Personal Information to Mapline in connection with the Mapline Service. You agree that Mapline will have no responsibility or liability with respect to any such Sensitive Personal Information that is processed, transmitted, disclosed, or stored in connection with the Mapline Service. Mapline is not responsible for performing, and is not liable for any failure to perform, any back-up of any User Content provided, processed, or stored in or through the Mapline Service. Mapline recommends that you perform regular exports and back-ups of your User Content. Upon deactivation of an account, all data associated with that account will be deleted.
- User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Mapline and users of the Mapline Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Mapline, the Mapline Service, and this User Agreement; and
- Your User Content, and the use of your User Content as contemplated by this User Agreement, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Mapline to violate any law or regulation.
- User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Mapline may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this User Agreement or is otherwise objectionable. You understand that when using the Mapline Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Mapline with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to this User Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Mapline does not permit copyright-infringing activities on the Mapline Service.
- Publicity. If you are an entity or organization, you agree that Mapline may list your entity or organization as a customer of Mapline and use your entity or organization name and logo for marketing or promotional purposes and in other communication with existing or potential Mapline customers, resellers, or investors. You may revoke this consent at any time by sending an email to email@example.com.
- Digital Millennium Copyright Act.
- DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Mapline Service, you may contact our Designated Agent at the following address: Mapline Inc.
ATTN: Legal Department (Copyright Notification)
5152 North Edgewood Drive, Suite 290, Provo, UT 84604
Any notice alleging that materials hosted by or distributed through the Mapline Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Mapline Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of those materials on the Mapline Service is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Repeat Infringers. Mapline will promptly terminate without notice the accounts of users that are determined by Mapline to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Mapline Service at least twice.
- DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Mapline Service, you may contact our Designated Agent at the following address: Mapline Inc.
- Prohibited Conduct. By using the Mapline Service you agree not to:
- use the Mapline Service for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- interfere with security-related features of the Mapline Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Mapline Service except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Mapline Service or any user’s enjoyment of the Mapline Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Mapline Service; (iii) attempting to collect personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Mapline Service, or violating any regulation, policy, or procedure of any network, equipment, or server;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other account on the Mapline Service without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under this User Agreement or any Materials (as defined below) or any right or ability to view, access, or use any Material; or
- attempt to do any of the acts described in this Section 8, or assist or permit any person in engaging in any of the acts described in this Section 8.
- Third-Party Services, Third Party Fees, and Linked Websites.
- Access to Third Party Services. The Mapline Service may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services (e.g., maps, geolocation data) (collectively, “Third Party Services”).
- No Control Over Third Party Services. Mapline does not have or maintain any control over Third Party Services, and is not and cannot be responsible for their content, operation, or use. By linking or otherwise displaying information from or providing access to any Third Party Services, Mapline does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by those Third Party Services.
- Disclaimer of Liability for Third Party Services. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third Party Services. Mapline disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Services, and you hereby irrevocably waive any claim against Mapline with respect to the content or operation of any Third Party Services.
- Third Party Fees. Your use of the Mapline Service may incur third party fees, such as fees charged by your Carrier for data usage or fees charged by a third-party storage, or data provider, or other service provider, and may be subject to third party terms, such as your Carrier’s terms of service, and you agree to pay all of those fees and abide by all of those terms. You are solely responsible for all of those fees incurred by you for use of the Mapline Service.
- Third Party Software. The software you download consists of a package of components, including certain third party software (“Third Party Software”) provided under separate license terms (the “Third Party Terms”). Your use of the Third Party Software in conjunction with the Mapline Service in a manner consistent with the terms of this User Agreement is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this User Agreement is intended to impose further restrictions on your use of the Third Party Software.
- Fees; Payment Terms.
- Access to certain functionality of the Mapline Service may be made available to you for no charge. However some features of the Mapline Service may only be available for a fee (“Premium Services”). Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Mapline may change the fees for the Mapline Service at any time. If Mapline changes any fees, including by adding additional fees or charges, Mapline will provide you advance notice of those changes. If you do not accept the changes, Mapline may discontinue providing the Mapline Service to you.
- Mapline will charge the payment method you specify at the time of purchase. You authorize Mapline to charge all sums you agree to at the time of purchase, for the Premium Service you select, to that payment method. If you pay any fees with a credit card, Mapline may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. When you elect to make a purchase from Mapline and enter a form of payment, you agree that: (i) you will fulfill your obligation to pay for the Premium Service by the date on which payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; (iv) Mapline may retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network; and (v) Mapline is authorized to charge you for the Premium Service using the established payment method and the information you provide that is stored in your account as of the applicable date for payment.
- The Mapline Service may include functionality for activating, updating, or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Mapline Service, you authorize Mapline to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Mapline Service to update or cancel any existing authorized one-time or recurring payment, or otherwise change your subscription plan, the change will take effect immediately. If you change a subscription plan or recurring payment, your account will be downgraded or modified to reflect that change which may result in the loss of access to your previous account and loss of any User Content you may have uploaded to your previous account.
- Unless otherwise agreed, all fees paid for any Premium Service are nonrefundable. Fees may include certain taxes and delivery or similar charges applicable to your purchase. If any tax or charge applicable to a purchase is not charged by Mapline, you acknowledge that you are solely responsible for paying the tax or other charge. You agree to pay any reasonable costs Mapline incurs to collect any unpaid or past due amounts, including reasonable attorneys’ fees and other associated costs. Delinquent payments will bear interest at the rate of 1.5% per month or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full. If you purchase a Premium Service with a credit card and then subsequently request your credit card issuer to reverse that payment, Mapline is charged a fee that may be a significant multiple of the amount Mapline initially received. Accordingly, in such circumstances, you acknowledge and agree that Mapline may seek to recover those fees from you and may terminate your account (including deleting User Content) or suspend your ability to add additional User Content to your account in Mapline’s sole discretion. If your credit card expires or your payment information is otherwise invalid, or you or another party controlling the payment method make changes to your billing account too close in time to when Mapline charges for any Premium Service (so Mapline cannot reasonably act on your changes prior to billing), Mapline will bill the current charges to the card it had on record; your continued use of the Premium Service constitutes your authorization for Mapline to do so, and you remain responsible for any uncollected amounts and any charges incurred by you or Mapline as a result of billing to an invalid card. You agree to pay any charges in the currency specified by Mapline when you enter into the transaction, and you assume all risks associated with any changing value in the currency compared with other currencies
- Mapline’s prices do not include any of the third-party fees you incur in connection with using the Mapline Service including, without limitation, fees charged by your Internet access provider, your Carrier, and any other third party applications or services you may incur in connection with your use the Mapline Service. You are responsible for selecting and managing these other services, and paying any applicable fees for such services.
- Termination of Use; Discontinuation and Modification of the Mapline Service. You may terminate your account at any time by contacting customer service at firstname.lastname@example.org. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Mapline Service. If you violate any provision of this User Agreement, your permission from us to use the Mapline Service will terminate automatically. In addition, Mapline may in its sole discretion terminate your user account on the Mapline Service or suspend or terminate your access to the Mapline Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Mapline Service at any time (including by limiting or discontinuing certain features of the Mapline Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Mapline Service or any suspension or termination of your access to or use of the Mapline Service.
- Additional Terms. Your use of the Mapline Service is subject to all additional terms, policies, rules, or guidelines applicable to the Mapline Service or certain features of the Mapline Service that we may post on or link to from the Mapline Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Mapline Service, subject to Section 14. All Additional Terms are incorporated by this reference into, and made a part of, this User Agreement.
- You Must Have Permission to Send SMS Text Messages to Others. You may be able to use the Mapline Service to send SMS text messages, which may include marketing content, to individuals who are not users of the Mapline Service. For example, you may invite others to use the Mapline Service by text message. You represent and warrant that you will initiate and send text messages using the Mapline Service only to those individuals who have expressly agreed to receive SMS text messages, including marketing text messages, from you and us. You agree that you control the sending of text messages you initiate through the Mapline Service and that we are limited to facilitating your text message transmissions.
- You Consent to Receive SMS Text Messages from Us. By providing us with your mobile telephone number, you consent to receive text messages at that number as requested for account verification, invitations, and other purposes related to the Mapline Service. While we do not charge a fee for text messages, your carrier may charge standard messaging, data, and other fees. You are responsible for these charges. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
- Modification of this User Agreement. We reserve the right, at our discretion, to change this User Agreement on a going-forward basis at any time. Please check the Website periodically for changes. If a change to this User Agreement materially modifies your rights or obligations, you will be required to accept the modified User Agreement in order to continue to use the Mapline Service. Material modifications are effective upon your acceptance of the modified User Agreement. Immaterial modifications are effective upon publication. Disputes arising under this User Agreement will be resolved in accordance with the version of this User Agreement that was in effect at the time the dispute arose.
- Ownership; Proprietary Rights. The Mapline Service is owned and operated by Mapline. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Mapline Service (“Materials”) provided by Mapline are protected by intellectual property and other laws. All Materials included in the Mapline Service are the property of Mapline or our third-party licensors. Except as expressly authorized by Mapline, you may not make use of the Materials. Mapline reserves all rights to the Materials not granted expressly in this User Agreement.
- Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Mapline Service (“Feedback”), then you hereby grant Mapline an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Mapline Service and create other products and services.
- Indemnity. You are responsible for your use of the Mapline Service, and you will defend and indemnify Mapline and its officers, directors, employees, consultants, suppliers, contractors, affiliates, subsidiaries and agents (together, the “Mapline Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Mapline Service; (b) your violation of any portion of this User Agreement, any representation, warranty, or agreement referenced in this User Agreement, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
- Disclaimers; No Warranties.
THE MAPLINE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE MAPLINE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE MAPLINE ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE MAPLINE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE MAPLINE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE MAPLINE ENTITIES DO NOT WARRANT THAT THE MAPLINE SERVICE OR ANY PORTION OF THE MAPLINE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE MAPLINE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE MAPLINE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE MAPLINE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MAPLINE ENTITIES OR THE MAPLINE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS USER AGREEMENT. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE MAPLINE SERVICE, YOUR DEALING WITH ANY OTHER MAPLINE SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE MAPLINE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE MAPLINE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE MAPLINE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE MAPLINE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE MAPLINE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- Limitation of Liability.
IN NO EVENT WILL THE MAPLINE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE MAPLINE SERVICE OR ANY MATERIALS OR CONTENT ON THE MAPLINE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MAPLINE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.EXCEPT AS PROVIDED IN SECTION 23.4(iii), THE AGGREGATE LIABILITY OF THE MAPLINE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE MAPLINE SERVICE OR OTHERWISE UNDER THIS USER AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO MAPLINE FOR ACCESS TO AND USE OF THE MAPLINE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS USER AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS USER AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS USER AGREEMENT. THE LIMITATIONS IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Third Party Disputes. MAPLINE IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE MAPLINE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE MAPLINE ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THOSE DISPUTES.
- Governing Law. This User Agreement is governed by the laws of the State of Illinois without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under this User Agreement, then you and Mapline agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within DuPage County, Illinois for the purpose of litigating any dispute. We operate the Mapline Service from our offices in the United States, and we make no representation that Materials included in the Mapline Service are appropriate or available for use in other locations.
- Dispute Resolution and Arbitration
- Generally. In the interest of resolving disputes between you and Mapline in the most expedient and cost effective manner, you and Mapline agree that every dispute arising in connection with this User Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this User Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this User Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS USER AGREEMENT, YOU AND MAPLINE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Despite the provisions of Section 23.1, nothing in this User Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Mapline will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this User Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current mailing address, then by electronic mail (“Notice”). Mapline’s address for Notice is: Mapline Inc., 5152 North Edgewood Drive, Suite 290, Provo, UT 84604. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Mapline may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Mapline must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Mapline will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Mapline in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
- Fees. If you commence arbitration in accordance with this User Agreement, Mapline will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in DuPage County, Illinois, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Mapline for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND MAPLINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mapline agree otherwise, 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.
- Modifications to this Arbitration Provision. If Mapline makes any future change to this arbitration provision, other than a change to Mapline’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Mapline’s address for Notice, in which case your account with Mapline will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. If Section 23.6 is found to be unenforceable or if the entirety of this Section 23 is found to be unenforceable, then the entirety of this Section 23 will be null and void, the remaining provisions of this User Agreement will remain in effect in accordance with Section 22, and the exclusive jurisdiction and venue described in Section 21 will govern any action arising out of or related to this User Agreement.
- Contact Information. Mapline’s address is 5152 North Edgewood Drive, Suite 290, Provo, UT 84604. You may contact us by sending correspondence to that address or by contacting us through our contact form at https://mapline.com/contact-us/.
- Notice Regarding Apple. If you are using our mobile applications on an iOS device, the terms of this Section 26 apply. You acknowledge that this User Agreement is between you and Mapline only, not with Apple, and Apple is not responsible for the Mapline Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Mapline Service. If the Mapline Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Mapline Service. Apple is not responsible for addressing any claim by you or any third party relating to the Mapline Service or your possession or use of the Mapline Service, including: (a) product liability claims; (b) any claim that the Mapline Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Mapline Service or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Mapline Service. Apple and Apple’s subsidiaries are third party beneficiaries of Section 26 of this User Agreement, and upon your acceptance of this User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 26 of this User Agreement against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.