Terms of Use
Welcome to iMapData Inc.’s web site (the “Site”). Please read the following terms and conditions of use carefully before using the Site. By using the Site, you agree to be bound by these Terms of Use.
IMPORTANT - BEFORE INSTALLING, ACCESSING, OR USING ANY PART OF THE IMAPDATA.COM SITE, YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE “TOS”) CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THE IMAPDATA.COM SITE AND ANY PROGRAMS, SERVICES, PRODUCTS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH (COLLECTIVELY, THE “SITE”). IMAPDATA IS WILLING TO LICENSE THE USE OF THE SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION BY IMAPDATA TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.
TERMS AND CONDITIONS
LICENSE GRANT
This Site is provided by iMapData, and this TOS provides to you (identified herein as "you" or a "User" or "Subscriber" a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This TOS is only a license and not an assignment or sale. Accordingly, you expressly acknowledge and agree that iMapData transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else.
LICENSE GRANT RESTRICTIONS
Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any iMapData server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or iMapData's systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to iMapData on or through the Site, and (ix) use the Site in a manner that could damage, disparage, or otherwise negatively impact iMapData. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY IMAPDATA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
USER OBLIGATIONS
By installing, accessing, or using this Site in order to view our information and materials or submit information of any kind, you represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, iMapData reserves the right to terminate immediately your access to and use of this Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and access to this Site is solely at your own risk. While iMapData has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, iMapData is not responsible for the security of any information transmitted to or from the Site. You must make your own determination as to these issues.
PROPRIETARY RIGHTS
All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by iMapData and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, iMapData does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that iMapData actively and aggressively enforces its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of iMapData's trademarks. This Site is Copyright © 2007-8 iMapData Inc. and/or its licensors. All rights reserved. iMapData also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site. Any downloadable or printable programs, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by iMapData. IMAPDATA and the IMAPDATA logo and all other names, logos, and icons identifying iMapData and its programs, products, and services are proprietary trademarks of iMapData, and any use of such marks, including, without limitation, as domain names, without the express written permission of iMapData is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS
Additional notices, terms, and conditions may apply to the receipt of services, subscription process, participation in a particular program, User registration with the Site, and/or to other specific portions or features of the Site, all of which are made a part of this TOS by this reference. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Site, including any restricted areas offering on-line access to iMapData's programs, tools, or services, the latter terms shall control with respect to your use of that portion of the Site. iMapData's obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such terms, conditions, notices, and agreements.
USERNAME HANDLING POLICY
Registration as a User and/or Subscriber with the Site requires both a username and a password (to be provided by iMapData). You should consider your username and password as confidential information. Only one User can use one password. Doing so insures that only you will be able to access your account on iMapData.com. Anyone with knowledge of both your username and password can gain access to the restricted portions of this Site and to your account. Accordingly, by using this Site, you agree to keep your username and password confidential. You also agree not to use another User's username and password. You will immediately notify iMapData if you become aware of any loss or theft of your password or any unauthorized use of your username and password. iMapData cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. iMapData reserves the right to delete or change a password at any time and for any reason.
PRIVACY POLICY
iMapData considers your personal identifying information to be private and operates this Site by keeping any collected personal identifying information confidential. Nevertheless, you understand, acknowledge, and agree that the operation of certain portions of the Site requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use those areas of the Site, you acknowledge and agree that your use of this Site will constitute acceptance of iMapData’s personal identifying information collection and use practices. Please see iMapData’s Privacy Policy for a summary of iMapData’s personal identifying information collection and use practices.
ENFORCING SECURITY ON THE SITE
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. iMapData reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. iMapData will also comply with all court orders involving requests for such information. In addition to the foregoing, iMapData reserves the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site in order to protect the Site, iMapData, or iMapData's business.
FEEDBACK AND SUBMISSIONS
iMapData welcomes your feedback and suggestions about iMapData's products or services or with respect to how to improve this Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to iMapData, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to iMapData. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for iMapData to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary
THIRD PARTY PRODUCTS/SERVICES
iMapData, in its sole discretion, may post the advertisements of third parties on this Site and/or feature materials, programs, products, and services provided by third parties. iMapData makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, products, and services or any other materials, programs, products, and services which such third party materials, products, and services may access. Your correspondence or any other dealings with third parties found on this Site are solely between you and such third party. iMapData expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained on or accessed through the Site, and you agree that iMapData shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Site.
LINKS TO OTHER SITES
iMapData may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by iMapData and are maintained by third parties over which iMapData exercises no control. Accordingly, iMapData expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
LINKS TO THIS SITE
iMapData encourages and permits text links to this Site and its content and, in particular, by way of the use of specific iMapData logos (available [add hypertext link]). However, any links to this Site should not suggest that iMapData promotes or otherwise endorses any third party products, services, programs, causes, campaigns, websites, or information unless iMapData has provided prior written consent for such promotion or endorsement.
DISCLAIMER
WHILE IMAPDATA ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, IMAPDATA MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THIS SITE. IMAPDATA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILTY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE VIRGINIA UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT.
LIMITATION OF LIABILITY
You expressly absolve and release iMapData from any claim of harm resulting from a cause beyond iMapData’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL IMAPDATA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF IMAPDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF IMAPDATA FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO IMAPDATA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
INDEMNITY
You agree to defend, indemnify, and hold harmless iMapData and its affiliates and all of their employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOS.
GOVERNING LAW
This TOS has been made in and will be construed and enforced in accordance with the laws of the Commonwealth of Virginia as applied to agreements entered into and completely performed in the Commonwealth of Virginia. Any action to enforce this TOS will be brought in the federal or state courts presiding in Fairfax County, Virginia, United States of America, and all parties to this TOS expressly agree to be subject to the jurisdiction of such courts. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Site is controlled and operated by iMapData from its offices within Mclean, Virginia. iMapData makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of the Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with all applicable local laws.
ENFORCEMENT
You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to iMapData, such injury would not be quantifiable in monetary damages, and iMapData would not have an adequate remedy at law. You therefore agree that iMapData shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that iMapData post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to iMapData to enforce any provision of this TOS.
TERM AND TERMINATION
This TOS will take effect at the time you click “I ACCEPT”, register, respond to a request for information, and/or begin installing, accessing, or using this Site, whichever is earliest. iMapData reserves the right at any time and for any reason to deny you access to the Site or to any portion thereof. This TOS will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning proprietary and intellectual property rights, feedback, indemnity, disclaimers of warranty and liability, admissibility of this TOS, and governing law will survive the termination of this TOS for any reason.
WAIVER & SEVERABILITY
Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by iMapData of any right under this TOS will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.
ENTIRE AGREEMENT
No joint venture, partnership, employment, or agency relationship exists between you and iMapData as result of this TOS or your utilization of this Site. This TOS, iMapData’s Privacy Policy , and any related or associated service, subscription, or license agreements, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and iMapData with respect to use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and iMapData with respect to this Site. Please note that iMapData reserves the right to change the terms and conditions of this TOS and the terms and conditions under which this Site and its many offerings are extended to you by posting a revised TOS and mailing and/or e-mailing notice thereof to you. In addition, iMapData may add, modify, or delete any aspect, program, or feature of this Site. Your continued use of this Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOS. Accordingly, please review the TOS found at this location on a periodic basis.
CONTACT INFORMATION
If you have questions or comments regarding this Site, need support, are interested in obtaining more information concerning iMapData and its products or services, or want permission to use any iMapData content, please contact iMapData at 866.650.4627 between the hours of 9 am and 5 pm (local time) on Monday through Friday.