YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
This Web Site, including all of its features and content (collectively, the "Web Site") is a service made available by OneMap, Ltd, Acting By and Through Its' Sole General Partner, ONEMAP, LLC ("Provider") and all content, information, services and software ordered or provided on or through this Web Site (the "Content") shall be used solely under the following terms and conditions ("Terms of Use").
1. Web Site Limited License. As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason and may change, suspend, or discontinue any aspect of the Web Site and/or Content at any time.
2. Limitations on Use. Provider agrees to permit you to use the Content in the ordinary course and scope of your business subject to these Terms of Use. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell or sublicense this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Provider's prior written permission. You may print, save, store and transmit information derived from the Web Site or the Content only to the extent the Web Site expressly allows. You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its Content is prohibited.
3. Content Disclaimer. Provider acknowledges that Content on this Web Site is based upon information obtained by Provider from public records and from other sources believed by Provider to be reliable. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. You acknowledge that Content may contain some nonconformities, defects, errors and/or omissions. Your use of Content on this Web Site or materials linked from this Web Site is at your own risk.
4. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. All right, title, and interest (including all copyrights and other intellectual property rights) in the Web Site and Content belong to Provider or to its third-party suppliers of materials. You acquire no proprietary interest in the Web Site or Content.
5. Registration. Certain sections of this Web Site require you to register. If registration is requested, you agree to provide Provider with accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately at service@onemap.com.
6. Errors and Corrections. Provider does not represent or warrant that this Web Site or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that the Content available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.
7. Service. Provider will make reasonable efforts to keep the Web Site operational. However, certain technical difficulties or routine site maintenance/upgrades may, from time to time, result in temporary service interruptions. Provider also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that Provider shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
8. Terms, Fees and Payments.
8.1 By registering for the Web Site, you agree to the fee designated for the Service level you select based on the advertised current pricing posted on the website at the time of registration unless notified of price change. Subject to your right to terminate the Service prior to the expiration of a Trial Period -- if any -- as described in the following section, you agree to pay the following amounts for the minimum period specified:
8.2 Subject to the terms in Section 8.9 below, your subscription will continue automatically at the monthly rate applicable to the Service, which you have selected unless terminated by Provider or until you notify Provider of your decision to terminate the Service. Upon the expiration of the initial period, your subscription will automatically renew on a month-to-month basis at the same monthly rate, as applicable, unless you elect to terminate the Service or enroll in another version of the Service.
8.3 If, when registering, you signed up for a subscription with a "Trial Period," you will be allowed a period during which you can try out the Service. If you terminate the Service prior to the expiration of the Trial Period, you will not have any further obligation with respect to the version of the Service that you have committed to. The Trial Period will expire upon a certain number of days following the date you initially sign up for the Service (refer to the confirmation provided on the site or via email for the specific terms of your trial period).
8.4 Each month during the term of this Agreement following the expiration of any Trial Period, the monthly fees for use of the Service will be billed automatically to the credit card you designated during the Service registration process or subsequently designated to the Provider. You agree to pay or have paid all fees and charges incurred in connection with your unique ID and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. If you want to designate a different credit card or there is a change in credit card validity or expiration date, you may edit your user information through http://maps.onemap.com. If you believe someone has accessed the Service using your ID and password without your authorization contact service@onemap.com.
8.5 Payment must be made by a major credit card accepted by the Provider (currently, VISA and MasterCard). Cash will not be accepted unless prior authorization by Provider. The billing period ends each month on the monthly anniversary of your activation date ("Billing Date"). If, however, the Billing Date would be the 29th, 30th or 31st day of a month, the Billing Date will be the first day of the following month. If the Provider does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by the Provider. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT THE PROVIDER, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
8.6 If the Provider does not receive the full amount of your Service account balance within thirty (30) days of the Billing Date, a late payment charge of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is lower) may be added to your bill and immediately become due and payable. Unless you notify the Provider of any discrepancies within sixty (60) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release the Provider from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to the Provider within sixty (60) days of its first appearance on an invoice or credit card statement.
8.7 You agree to pay the Provider all reasonable attorney's fees and costs incurred by the Provider to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Service account.
8.8 You are responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service.
8.9 THE PROVIDER RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR THE WEB SITE CONTENT, OR SERVICES, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT http://maps.onemap.com. PROVIDER MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may terminate your subscription to the Service, as provided in Section 20 below. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
9. Third Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider.
10. LIMITED WARRANTY AND DISCLAIMER. The Provider represents and warrants that it has the right and authority to make the Web Site and Content available pursuant to these Terms of Use. THIS WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE CONTENT. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF ANY AGREEMENT BETWEEN PROVIDER AND YOU.
11. LIMITATION OF LIABILITY. REGARDLESS OF THE THEORY OF LIABILITY (WHETHER ARISING UNDER STATUTE, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER THEORY AND REGARDLESS OF THE FAULT OR NEGLIGENCE OF PROVIDER), PROVIDER (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, EQUITY OWNERS, AND AFFILIATES) SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, OR RELATED TO: (a) YOUR USE OF THIS WEB SITE, THE CONTENT, THE INTERACTIVE AREAS OF THIS WEB SITE, (b) ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, (c) ANY ERRORS OR INACCURACIES IN, OR OMISSIONS FROM, THE WEB SITE OR CONTENT OR ANY MATERIALS AVAILABLE OR NOT INCLUDED THEREIN, (d) THE UNAVAILABILITY OR INTERRUPTION OF THE WEB SITE OR CONTENT, OR (e) YOUR USE OF ANY EQUIPMENT IN CONNECTION WITH THE WEB SITE OR CONTENT. PROVIDER (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, EQUITY OWNERS, AND AFFILIATES) SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER ARISING UNDER STATUTE, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER THEORY AND REGARDLESS OF THE FAULT OR NEGLIGENCE OF PROVIDER). WITHOUT LIMITING THE FOREGOING, THE AGGREGATE LIABILITY OF PROVIDER (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, EQUITY OWNERS, AND AFFILIATES) IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEB SITE OR CONTENT SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT OF MONIES PAID BY YOU TO PROVIDER FOR USE OF THE WEB SITE AND CONTENT. YOUR RIGHT TO MONETARY DAMAGES IN SAID AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AGAINST PROVIDER (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, EQUITY OWNERS, AND AFFILIATES) AND SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST PROVIDER (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, EQUITY OWNERS, AND AFFILIATES). THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF ANY AGREEMENT BETWEEN PROVIDER AND YOU.
12. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, EQUITY OWNERS, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE WEB SITE FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RELATING TO ANY VIOLATION OF THESE TERMS OF USE BY YOU OR YOUR USE OF THE WEB SITE OR CONTENT. SUCH INDEMNITY SHALL APPLY EVEN IF THE CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, ARISE AS A RESULT OF THE NEGLIGENCE OF PROVIDER. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF ANY AGREEMENT BETWEEN PROVIDER AND YOU.
13. Third Party Rights. The provisions of paragraphs 10 (Limited Warranty and Disclaimer), 11 (Limitation of Liability), and 12 (Indemnification) are for the benefit of Provider and its officers, directors, employees, equity owners, affiliates, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
15. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Web Site and any other Provider Web sites and their features.
16. Governing Law and Jurisdiction. THE TERMS OF USE ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (WITHOUT REFERENCE TO PRINCIPLES OF CONFLICTS OF LAW OF TEXAS OR ANY OTHER JURISDICTION) AND ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE FILED ONLY IN STATE OR FEDERAL COURTS LOCATED IN TYLER, SMITH COUNTY, TEXAS AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF LITIGATING ANY SUCH ACTION.
17. Privacy. Your use of this Web Site is subject to Provider's Privacy Policy.
18. Severability of Provisions. These Terms of Use, which incorporate by reference any notices contained on this Web Site and the Privacy Policy, constitute the entire agreement with respect to access to and use of this Web Site and the Content. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Notwithstanding anything to the contrary in these Terms of Use, if you have a separate signed written agreement with the Provider that applies to your use of any of the Provider's Content, that agreement constitutes the entire agreement between you and the Provider with respect to the affected Content subject thereto (the "Otherwise Covered Content"), and these Terms of Use shall be treated as having no force or effect with respect to the Otherwise Covered Content.
19. Modifications to Terms of Use. Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Web Site after any such changes constitutes your consent to such changes.
20. Termination. The Provider or you may terminate your subscription or access to the Web Site and Content for any reason. Such termination shall be effective immediately upon notice to the other party, unless a later date is specified in the notice. The Provider may suspend or discontinue the Web Site or Content to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
21. No Assignment. You may not assign your rights or delegate your duties under these Terms of Use without the prior written consent of the Provider.
