AGREEMENT BETWEEN USER AND IMAPTOOLS.COM
The iMaptools.com site and services are comprised of various Web pages and Web services operated by iMaptools.com.
The iMaptools.com Web Site and Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the iMaptools.com Web Site and Services constitutes your agreement to all such terms, conditions, and notices.
Additionally, the iMaptools.com Web Site and Services may themselves contain additional terms, codes of conduct or guidelines that govern use of those sections, including without limitation, particular features or offers.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement for disclosures relating to the collection and use of your personal information.
MODIFICATION OF THESE TERMS OF USE
iMaptools.com reserves the right to change the terms, conditions, and notices under which the iMaptools.com Web Site and Services are offered, including but not limited to the charges associated with the use of the iMaptools.com Site/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the iMaptools.com Web Site and Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the iMaptools.com Web Site and Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the iMaptools.com Site/Services. Without the advance express written permission of iMaptools.com, you may not 'meta-search' the iMaptools.com Site/Services, send, or cause to be sent, any automated queries of any sort to the iMaptools.com Site/Services, or use the iMaptools.com Web Site and Services in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any iMaptools.com Web Site and Services.
LINKS TO THIRD PARTY SITES
The iMaptools.com Web Site and Services contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of iMaptools.com and iMaptools.com is not responsSun, 24-Dec-2006 14:16ny link contained in a Linked Site, or any changes or updates to a Linked Site. iMaptools.com is not responsible for webcasting or any other form of transmission received from any Linked Site nor is iMaptools.com responsible if the Linked Site is not working appropriately. iMaptools.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iMaptools.com of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the iMaptools.com Web Sites and Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. iMaptools.com shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the iMaptools.com Site/Services, you will not use the iMaptools.com Web Site and Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the iMaptools.com Web Site and Services in any manner that could damage, disable, overburden, or impair any iMaptools.com Site/Service(s) (or the network(s) connected to any iMaptools.com Site/Service(s)) or interfere with any other party's use and enjoyment of any iMaptools.com Site/Service(s). You may not attempt to gain unauthorized access to any iMaptools.com Site/Service, other accounts, computer systems or networks connected to any iMaptools.com Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the iMaptools.com Sites/Services.
USE OF SERVICES
iMaptools.com reserves the right at all times to disclose any information as iMaptools.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in iMaptools.com's sole discretion.
MATERIALS PROVIDED TO IMAPTOOLS.COM OR POSTED TO THE IMAPTOOLS.COM WEB SITE
iMaptools.com does not claim ownership of the materials you provide to iMaptools.com (including feedback and suggestions) or post, upload, input or submit to any iMaptools.com Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting iMaptools.com, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all iMaptools.com Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a iMaptools.com Site/Service.
No compensation will be paid with respect to the use of your Submission, as provided herein. iMaptools.com is under no obligation to post or use any Submission you may provide and iMaptools.com may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE IMAPTOOLS.COM SITES AND SERVICES
All content and software (if any) that is made available to view and/or download in connection with the iMaptools.com Sites/Services, ("Software") is owned by and/or is the copyrighted work of iMaptools.com and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, iMaptools.com hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular iMaptools.com Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE IMAPTOOLS.COM WEB SITES AND SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE IMAPTOOLS.COM WEB SITES AND SERVICES AND TO THE INFORMATION THEREIN. IMAPTOOLS.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE IMAPTOOLS.COM WEB SITES AND SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE IMAPTOOLS.COM WEB SITES AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
IMAPTOOLS.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE IMAPTOOLS.COM WEB SITES AND SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IMAPTOOLS.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT IMAPTOOLS.COM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A IMAPTOOLS.COM SITE/SERVICE OR RECEIVED ON MEDIA DISTRIBUTED BY IMAPTOOLS.COM. YOU SPECIFICALLY AGREE THAT IMAPTOOLS.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT IMAPTOOLS.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A IMAPTOOLS.COM SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL IMAPTOOLS.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE IMAPTOOLS.COM SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE IMAPTOOLS.COM WEB SITES AND SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE IMAPTOOLS.COM SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE IMAPTOOLS.COM SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IMAPTOOLS.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE IMAPTOOLS.COM SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE IMAPTOOLS.COM SITES/SERVICES.
OTHER LIMITATIONS
You agree that iMaptools.com may establish limits concerning use of any iMaptools.com Service offered on a iMaptools.com Web Site, including without limitation the maximum number of times and duration you may access any iMaptools.com Service in a given period of time.
You agree that iMaptools.com has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any iMaptools.com Service.
IMAPTOOLS.COM MAKES NO WARRANTY THAT ANY IMAPTOOLS.COM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
TERMINATION/ACCESS RESTRICTION
iMaptools.com reserves the right, in its sole discretion, to terminate your access to any or all iMaptools.com Web Sites and Services and the related services or any portion thereof at any time, without notice.
Upon termination of the iMaptools.com Sites and Services, your right to use the iMaptools.com Sites and Services immediately ceases.
LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
GENERAL
This agreement is governed by the laws of the Massachusetts, USA. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Massachusetts, USA in all disputes arising out of or relating to the use of the iMaptools.com Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and iMaptools.com as a result of this agreement or use of the iMaptools.com Sites/Services. You agree to indemnify and hold iMaptools.com , its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the iMaptools.com Sites/Services. iMaptools.com reserves the right to disclose any personal information about you or your use of the iMaptools.com Sites/Services, including its contents, without your prior permission if iMaptools.com has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of iMaptools.com or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. iMaptools.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of iMaptools.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the iMaptools.com Web Sites and Services or information provided to or gathered by iMaptools.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and iMaptools.com with respect to the iMaptools.com Web Sites and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and iMaptools.com with respect to the iMaptools.com Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the iMaptools.com Web Sites and Services are: Copyright (c) 1999 - 2006 Stephen Woodbridge, iMaptools.com and/or its suppliers, 11 Radcliffe Rd, North Chelmsford, MA USA. All rights reserved.
Any rights not expressly granted herein are reserved.
FOR INFORMATION REGARDING THE IMAPTOOLS.COM PRIVACY STATEMENT CLICK HERE.
ADDITIONAL TERMS
METADATA AVAILABLE THROUGH THE IMAPTOOLS.COM WEB SITES AND SERVICES
You may not modify, copy or scan or use any other method to reproduce, duplicate, translate, republish, transmit or distribute in any way any portion of the Database(s) as defined below. You may not download any portion of the Database(s) except for your own personal, non-commercial use. You agree to indemnify, defend and hold harmless all Data providers and their affiliates, Stephen Woodbridge, iMaptools.com and its affiliates, against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your unauthorized use of the Database, (b) your violation of this directive and/or (c) your unauthorized activities in connection with the Database. Any reproduction, publication, further distribution or public exhibition the Database, in whole or in part, is strictly prohibited. "Database(s)" means, collectively and interchangeably, the iMaptools.com Database and and any additional, replacement or future textual and/or numeric database(s) provided by iMaptools.com or to iMaptools.com by Data provider.
CONTACT INFORMATION
iMaptools.com welcomes your comments regarding this statement.
Stephen Woodbridge
11 Radcliffe Rd
North Chelmsford, MA 01863
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