Terms of Use
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Access to and use of Maps.com Website in any manner, including merely browsing or accessing this Maps.com Website, constitutes Your acceptance and agreement to these Terms of Use. Please read these Terms of Use carefully and make sure You understand the terms and conditions before proceeding.
If You do not accept or do not wish to be bound by these Terms of Use, cease access and use of the Maps.com Website immediately. You are only permitted to access and use Maps.com Website upon acceptance of these Terms of Use.
These Terms of Use constitutes a legal agreement between You and Maps.com. The terms and conditions provided herein govern Your access and use of Maps.com Website whether used in connection with other products or services or independent of them. Additional terms and conditions may apply and will be presented to You when accessing certain Services.
1. ACCEPTANCE OF TERMS OF USE
1.1 Acceptance. By accessing and using the Maps.com Website, You agree to be bound by this Maps.com Website Terms of Use (“Terms of Use”) between You and Maps.com (“Maps.com”).
As used in these Terms of Use, “Services” means and includes, but is not limited to, this web service, data, text, materials, information, or content; maps, images, photographs, animations, video, audio, or music; provided on the Maps.com Website (either collectively and/or individually).
1.2 Third-Party Content. When using the Services, You may have the opportunity to leave the Maps.com Website in order to access and download additional content provided by third parties, including software, data, maps, and imagery, as more fully described in Article 4.3 herein. You acknowledge that third-party content is solely the responsibility of the third-party content provider. These Terms of Use do not convey to You any rights to access or use third-party content (including copying, distributing, creating derivative works from, or publicly displaying). Access and use of third-party content may require that You agree to different or separate terms, conditions, and restrictions. Agreeing to any such terms and conditions will be between You and the third-party content provider and will not affect these Terms of Use or any separate agreements You may have with Maps.com.
1.3 Modifications to the Website or Terms of Use. Maps.com reserves the right to change content provided in and access to Services at any time without notice to You. This may be done at Maps.com’s sole discretion, for any reason including, but not limited to, legal compliance, change in Maps.com policy, aesthetic or technology development, or internal business or legal considerations. Maps.com may also, from time to time, modify or replace these Terms of Use or Maps.com Privacy Statement, which may affect Your rights to use the Services provided. Modified or replaced Terms of Use or Maps.com Privacy Statement will be made available to You on the Maps.com Website where the Services are provided.
You understand and agree that Your accessing or use of Services after the modified or replaced Terms of Use or Maps.com Privacy Statement is posted will signify Your acceptance to those Terms of Use and Maps.com Privacy Statement. You further understand that it is Your responsibility to read the then current Terms of Use. Maps.com will not contact You letting You know that the Terms of Use or Maps.com Privacy Statement have been modified or replaced.
2. OWNERSHIP, GRANT OF RIGHTS, AND USE RESTRICTIONS
2.1 Ownership. The Services available on Maps.com Website and any content therein are provided to You subject to these Terms of Use. The Services may be freely available to You, but the Services are not in the public domain unless specified as such. Maps.com and its third-party providers own the Services, which are protected by United States laws and applicable international laws, treaties, and conventions regarding intellectual property or proprietary rights. These Terms of Use do not transfer any rights to redistribute, prepare derivative works from, or acquire ownership interest in Services.
2.2 Grant of Noncommercial Use of Services. You may download, view, copy, and print Services available on Maps.com Website solely for Your own internal purposes or for Your own Noncommercial Use unless otherwise specified. Services may not be reproduced or transmitted for commercial purposes, in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system now known or later developed, except as expressly permitted in writing by Maps.com. Proper attribution to Maps.com must be given for any use of the Services. For the purposes of this Article 2.2, “Noncommercial Use” means Your authorized use of the Services wherein You provide the Services to third parties at no charge, and that You and/or Your third-party customers do not generate income or promote the generation of income or any other means of commercial advantage or private financial gain from such use.
Inquiries regarding additional uses not provided herein may be submitted to Maps.com through a Copyright request at copyrights@maps.com.
2.3 Improper Use of Services. Any rights not granted herein or otherwise agreed to in writing between You and Maps.com are prohibited. In particular, You may not (a) access Services or resources not made available to You through a standard web browser; (b) reverse engineer, decompile, access, or hack the Services not made available to You (without consideration given to how reasonable the means used are to keep such secure); (c) use Services in such a manner as to adversely affect Maps.com’s commercial interests; (d) alter, obstruct, or remove any proprietary rights notices provided with the Services; (e) manually or systematically deep-link, spider, scrape, or harvest information contained within the Service; or (f) use Services for illegal, improper, or inappropriate purposes (including, but not limited to, defamation or harassment of others; distribution of obscene or indecent material; phishing; spoofing; impersonating any person or entity; identity theft; stalking; or distribution of content in violation of the proprietary, privacy, or intellectual property rights of others). Any of the foregoing, whether merely attempted or successfully executed, is a material breach of these Terms of Use.
2.4 Trademarks and Logos. Maps.com, the Maps.com logo, and other marks used in the Maps.com Website are trademarks, service marks, or registered marks of Maps.com. Other names appearing on the Maps.com Website may be trademarks, service marks, or registered marks of their respective mark owners. These marks may only be used where authorized by Maps.com or permitted by law. Any use not authorized by Maps.com shall be considered a material breach of these Terms of Use.
2.5 Third-Party Data and/or Imagery Licensing Terms and Use Restrictions. Services provided by the Maps.com Website may contain third-party data, maps, content, or imagery. Use of third-party data, maps, content, or imagery may be subject to such third-party’s license or subscription agreement or additional terms of use restrictions. You are responsible for compliance with all applicable third-party license or subscription agreement(s). Third-party data may be provided with separate data restrictions (such as with metadata). The third-party license or subscription agreement(s) and any applicable terms of use restrictions may be modified by Maps.com from time to time, and it is Your responsibility to check for updates to these license or subscription agreements or terms of use restrictions. If a modification to any third-party license or subscription agreement or terms of use restrictions is unacceptable, You may terminate Your access and discontinue use of the Service, as applicable. Continued access and use of the Service will be deemed acceptance of any modifications.
2.6 Sharing of Your Content. In the event You desire to share or upload any of Your data, maps, content, comments, materials, information, or imagery on Maps.com, You grant Maps.com a nonexclusive, transferrable, irrevocable, royalty-free, worldwide license and permission to use, copy, reproduce, store, cache, publicly display and perform, , integrate, (re)distribute, (re)broadcast, and (re)transmit Your data, map, content, comments, materials, information or imagery in conjunction with providing the Services on the Maps.com Website. You also grant all end users of the Maps.com Website the right to access and use Your data, maps, content, comments, materials, information, or imagery subject to Article 2.2.
2.7 Copyright Policy. Maps.com’s copyright policy is to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to take down allegedly infringing materials. Further details of Maps.com’s copyright policy can be found at https://www.maps.com/legal-overview/digital-millennium-copyright-act.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
4.1 Disclaimer of Warranties. The Services provided on the Maps.com Website are provided “AS-IS,” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. In particular, You understand that Maps.com and its third-party providers and contractors do not warrant or represent that the Services provided on these Maps.com Website will be:
4.1.1 Available to You uninterrupted in a secure form;
4.1.2 Accurate or free from error; or
4.1.3 Fit for Your purposes or according to Your requirements or needs.
Maps.com is under no obligation to correct any errors or inconsistencies in the Services.
4.2 Limitation on Liability. Maps.com will not be liable for direct, indirect, special, incidental, or consequential damages related to Your decision to access and use any of the Services provided on the Maps.com Website, even if Maps.com is advised of the possibility of such damage. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
4.3 Links to Third-Party Sites. Certain links on Maps.com Website link to websites owned and operated by third parties. These websites are not under Maps.com’s control, and Maps.com is not responsible for information (regardless of how it is transmitted or received) or services provided by third-party websites. Any links to third-party websites provided on Maps.com Website do not imply an endorsement, affiliation, or sponsorship of any kind and do not represent warranties of the quality of services provided by such third parties.
3. PRIVACY AND PERSONAL ACCOUNTS
3.1 Maps.com Privacy Statement. Maps.com may request certain information, configuration data, or personal information to access and use Services. Maps.com will collect and use this information in accordance with the Maps.com Privacy Statement. You consent to the use of this information in accordance with the Maps.com Privacy Statement.
3.2 Maps.com reserves the right to monitor use of the Maps.com Website. Maps.com reserves the right to suspend or cancel Your access to Maps.com Website at any time or take any other appropriate measures in its legal capacity to enforce these Terms of Use.
5. TERMINATION
5.1 Termination by Maps.com. Maps.com may terminate Your access and use of the Maps.com Website if:
5.1.1 You have breached the terms and conditions provided in these Terms of Use through either Your action or inaction;
5.1.2 You have breached an agreement You have with Maps.com relating to the use of the Services;
5.1.3 Maps.com, at its sole discretion, discontinues the Services on which these Terms of Use are based;
5.1.4 Maps.com, at its sole discretion, believes that such termination is in Maps.com’s commercial interest; or
5.1.5 Requested by law enforcement or other government agencies.
6. COMPLIANCE
You may not access, upload, download, use, or export Services provided on these Maps.com Website in violation of US Export Control laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all import, export, and privacy laws and restrictions and regulations of any United States or foreign agency or authority and not to directly or indirectly provide or otherwise make available Services in violation of any such restrictions, laws, or regulations or without all necessary approvals or consents. As applicable, You will obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to Your own use of the Services outside the United States. Neither the Services nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (a) to any country subject to US trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the US Commerce Department’s Table of Denial Orders. By agreeing to these Terms of Use, You agree to the foregoing and represent and warrant that You are not located in or under the control of, or are not a national or resident of, any such country or on any such list.7. GENERAL PROVISIONS
7.1 No Implied Waivers. The failure of either party to enforce any provision of these Terms of Use shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision.
7.2 Severability. The parties mutually agree that if any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make the intent of the language enforceable.
7.3 Language. You agree that the English-language version of these Terms of Use will govern their interpretation. Any versions provided in a language other than English are provided for convenience only. Any inconsistencies or contradictions shall not affect the interpretation of the English-language version.
7.4 Feedback. Any feedback You provide Maps.com will be deemed to be non-confidential information. Maps.com may freely use for its business and commercial purposes any feedback, suggestions, comments, or requests for improvements to Maps.com products or Services that You provide to Maps.com without further compensation to You.
7.5 Successor and Assigns. You will not assign or otherwise transfer Your rights or delegate Your duties under these Terms of Use without Maps.com’s prior written consent. Any attempt to do so without Maps.com’s consent will be void. Maps.com may assign its rights, interests, the Maps.com Website, or the Services under this Terms of Use, in whole or in part, at any time without Your consent.
7.6 Governing Law, Dispute Resolution. The laws of the State of California govern Your relationship with Maps.com under these Terms of Use and will be construed according to those laws without regard to conflict of laws principles. The parties agree to attempt in good faith to negotiate any conflict arising under these Terms of Use. For any and all disputes not resolved by the parties within thirty (30) days’ notice, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in San Bernardino County. Notice to Maps.com will only be proper if made by certified mail at the address provided in these Terms of Use.
Notice to Maps.com
Maps.com
C/o Esri
380 New York Street
Redlands, CA 92373
Attention: Contracts and Legal Department
7.7 Equitable Relief. You agree that Your breach of these Terms of Use may cause irreparable damage and that, in the event of such breach, in addition to any and all remedies at law, Maps.com will have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction without the requirement of posting a bond or undertaking or proving injury as a condition for relief.
7.8 Government Users. These Terms of Use strictly govern government users’ use, reproduction, or disclosure of the Services, which are considered “commercial services.” No other terms or conditions will apply unless expressly agreed in writing between You and Maps.com. All rights to the Services are reserved under copyright and other intellectual property laws of the United States.
7.9 Integration. These Terms of Use constitute the sole and entire agreement between the parties relating to Your use of the Services; supersede any previous agreements, understandings, and arrangements unless otherwise agreed to in writing by an authorized representative of each party; and completely replace any existing agreements between the parties related to Your use of the Service.