TERMS AND CONDITIONS OF USE
The following are the terms and conditions of a legal agreement between you and Maptech, Inc. ("Maptech"). By accessing, browsing and/or using this website (the "Website"), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions and to comply with all applicable laws and regulations. If you do not agree to these terms and conditions, do not use this Website. The material provided on this Website is protected by law, including but not limited to the United States Copyright Law and international treaties. This Website is controlled and operated by Maptech from its offices within the United States. Maptech makes no representation that materials in this Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal or otherwise regulated is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
1. Description of the Products. This Website provides access to a variety of materials which are owned by Maptech or which are licensed to Maptech by third parties, including without limitation software, databases of map and chart data, databases of other data, text and photographs (all such materials are collectively referred to herein as the "Products"). Certain of the Products are owned by Maptech, and other Products are owned by one or more third parties, including without limitation one or more agencies or instrumentalities of the United States government or other governments, and licensed to Maptech for use as provided in these Terms and Conditions of Use. Your use of the Products is subject to all of the Terms and Conditions set forth herein.
2. Grant of License. Maptech hereby grants to you a non-transferable, personal, non-exclusive license to use the Products at this Website for your own benefit on a single computer and a single terminal. Maptech expressly reserves any and all rights which it may have in or to the Products which are not expressly licensed to you by Maptech hereunder, including but not limited to any and all copyrights, patent rights and other intellectual property rights. In no event shall you make use of any of the Products for commercial purposes except as expressly permitted herein, it being understood that, except as so expressly permitted, your sole rights with respect to the Products shall be to use the Products for your own benefit and not for the benefit of any third party.
3. Restrictions on Use of the Website and the Products. The copyright in all of the Products and in all other material provided on this Website is held by Maptech or by the original creator of such material. Except as otherwise expressly stated herein, none of the Products or other material provided on this Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Maptech or the copyright owner. Permission is granted to you to display, copy, distribute and download the Products and other materials on this Website for personal, non-commercial use only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination of this permission, you must immediately destroy any downloaded and printed Products and other materials from this Website. You also may not, without Maptech's permission, "mirror" any Products or other material contained on this Website or any other server accessed through this Website. Any unauthorized use of any Products or other material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
4. WARNING REGARDING NAVIGATIONAL USE. THE PRODUCTS ARE NOT INTENDED FOR NAVIGATIONAL USE AND SHOULD NOT BE RELIED UPON FOR SUCH PURPOSE. ALWAYS NAVIGATE BY REFERENCE TO A CURRENT NAVIGATIONAL CHART OR MAP. IN NO EVENT SHALL MAPTECH HAVE ANY LIABILITY ARISING OUT OF ANY NAVIGATIONAL USE OF ANY OF THE PRODUCTS.
5. Trademarks. All trademarks, service marks and trade names used on this Website are proprietary to Maptech or other respective owners that have granted Maptech the right and license to use such trademarks, service marks and trade names, and are protected by U.S. and international trademark laws. Maptech's registered or unregistered trademarks, service marks and trade names include, without limitation, the following: Maptech, MapServer, ChartKit, Embassy Cruising Guides, PhotoRegion, Terrain Navigator, Terrain Professional, Take a Hike, Chart Navigator, Cruising Navigator, Offshore Navigator, Embassy Digital Guide, Contour Planner, Contour Plotter and Contour Professional. No user of this Website is granted any rights to such trademarks, service marks or trade names.
6. Disclaimer of Warranties. You expressly agree that your use of the Products and this Website is at your sole risk. This Website may include links and pointers to Internet websites maintained by third parties, and neither Maptech nor any of its affiliates operates or controls any information, products or services available on any such third party website. Accordingly, the materials on this Website and on any such third party website are provided on an "as is" basis without warranties of any kind, whether express or implied, including without limitation warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. Specifically, neither Maptech, its affiliates, nor any of their respective employees, agents, third party content providers or licensors warrant that any Product, this Website or any such third party website will be uninterrupted or error-free, that the use of any Product, this Website or any such third party website will allow you to obtain any particular results whatsoever, or that any Product or any information, service or merchandise provided through this Website or any such third party website is accurate, reliable or of any particular value or quality.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF ANY PARTY, SHALL MAPTECH OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF, OR THE INABILITY TO USE, ANY PRODUCT, THIS WEBSITE, OR ANY MATERIALS ACCESSIBLE ON OR THROUGH THIS WEBSITE, EVEN IF MAPTECH OR AN AUTHORIZED REPRESENTATIVE OF MAPTECH SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MAPTECH AND ITS AFFILIATES ARE NOT LIABLE FOR ANY LOSS OF DATA OR PROFIT. IF YOU ARE DISSATISFIED WITH ANY PRODUCT OR OTHER MATERIAL ACCESSIBLE ON OR THROUGH THIS WEBSITE, OR WITH ANY OF MAPTECH'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCT AND THIS WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. U.S. Government Restricted Rights. The Products and other materials available on or through this Website are provided with "RESTRICTED RIGHTS". The use, duplication or disclosure of such Products and other materials by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of such Products and other materials by the U.S. Government constitutes acknowledgment of Maptech's proprietary rights in them.
9. Procedure for Making Claims of Copyright Infringement. If you believe that you have a claim of copyright infringement based upon any Product or other material accessible on or through this Website, notice of such claim should be submitted to Maptech's designated copyright agent as follows:
Attn: Ross D. Emmerman, Esq.
Neal, Gerber & Eisenberg
Two North LaSalle Street
Chicago, Illinois 60602
Telephone: (312) 269-8000
Facsimile: (312) 269-1747
10. Privacy. As part of the operation of this Website, Maptech gathers certain types of information about users of this Website. This policy describes the types of information gathered, what is done with it, and how to correct or change the information. Maptech collects two types of personally identifying information from users who register at this Website or click on this Website: personal information (such as names and e-mail addresses) and aggregated information (such as information about how many users log into this Website on a daily basis, and other information about traffic patterns on this Website).
(a) Personal information is collected when users voluntarily provide personal information to
Maptech, such as when they register, answer surveys, purchase items from Maptech, or
register for contests and other promotional opportunities provided by Maptech.
(b) Maptech uses various methods to collect aggregated user information, such as
information as to which pages users access or visit and information volunteered by users
such as survey information and/or site registrations. For example, when you click on this
Website, our servers log your IP address, which is a number automatically assigned to your
computer whenever you're surfing the Internet. Maptech uses IP addresses for the
purposes of system administration and to provide aggregated data to advertisers about the
volume of use on this Website.
11. Use of Information Collected by Maptech. Maptech uses both the personal and aggregated information that it collects for various purposes. The information is used to improve the content of this Website, to customize the content and/or layout of this Website for each user, and to notify users about updates to this Website or promotional offers or opportunities that we believe would be of interest. Maptech shares aggregated information with some third parties for both advertising and promotional purposes. Maptech may share personal information with third parties for marketing or promotional purposes. Maptech may disclose personal information, when it believes in good faith that such disclosure is legally required, to protect its rights or the safety of others. If you object to Maptech's use of any personal information which you may provide for any reason, you may stop such use by modifying your registration information.
12. Children and Privacy. Maptech encourages parents and guardians to spend time with their children on-line, so as to be fully familiar with the websites visited by their children. At various places on this Website, for example in requesting personal information, Maptech may ask whether the user is under a specified age, and if so Maptech may ask for parental consent. In each such case, Maptech relies on users to be truthful in responding to these questions and providing such consent. In no event should any information be submitted to or posted on this Website by users under the age of 13 without the consent of their parent or guardian. Users under the age of 13 are requested not to participate in contests or other promotional opportunities. Users who are between the ages of 13 and 17 are requested not to submit or post information to this Website without the consent of their parent or guardian. Maptech may collect information, including personally identifying information, from users between the ages of 13 and 17. With the permission of the parent or guardian of such users, this information may be used for marketing and promotional purposes and may be shared with third parties. If a user or his or her parent or guardian changes his or her mind with respect to such use, such user, parent or guardian may stop such use, either by an e-mail request to email@example.com or by modifying his or her registration information on-line as described above. Finally, it is important to note that this Website may contain links to other websites, and that those websites may not follow the same privacy policies as Maptech. These websites may send their own cookies to your hard drive, and may collect information and make use of such information in ways that Maptech would not.
13. Miscellaneous Provisions. To the extent that any of the Terms and Conditions of Use hereof are inconsistent with the terms and conditions of any License Agreement between you and Maptech, Inc. with respect to any particular product, the terms and conditions of such License Agreement shall govern with respect to such product. Maptech reserves the right to change these Terms and Conditions of Use at any time without notice. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use, and shall not affect the validity and enforceability of any remaining provisions hereof. The rights to use this Website granted to you hereunder are personal to you and are not subject to transfer or assignment. Any claim relating to this Website or its use shall be subject to the exclusive jurisdiction of the federal and state courts located in Illinois, and by your use of this Website you submit yourself to the personal jurisdiction of such courts.