Last Updated: August 11, 2016
PLEASE READ THESE TERMS OF SERVICE (“Terms”) CAREFULLY.
THIS IS A CONTRACT BETWEEN YOU AND MMSR, LLC d/b/a MapVida (“MapVida”).
Thank you for your interest in and use of our products and services, and the content contained therein. By accessing, downloading or otherwise using any of MapVida’s websites (including but not limited www.mapvida.com), MapVida’s online services and inline frames (whether accessible on a MapVida website or a third party site) and/or MapVida’s mobile applications (collectively, the “Sites”), you agree to be bound by these Terms, and you confirm that you are at least 13 years old. If you do not agree to all these Terms or you are under the age of 13, you must refrain from accessing and using the Sites. If you are between 13 and 17 years of age, you may only use the Sites with the involvement of a parent or guardian. The Sites and all data, analytics, designs, text, images, and graphics, including all arrangements thereof, contained therein are proprietary, confidential, and are licensed to you under this Agreement, not sold to you.
We may modify these Terms at any time by posting the revised Terms on the Sites. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of these Terms. Any modifications will be effective immediately upon such posting. YOUR USE OF THE SITES AFTER MODIFICATIONS ARE POSTED WILL SIGNIFY YOUR ACCEPTANCE OF THE MODIFICATIONS AND YOUR AGREEMENT TO BE BOUND BY THEM.
If you are asked to click your agreement to specific terms and conditions to access certain functions on any of the Sites (each a “Site Agreement”), the terms in the Site Agreement shall govern over any inconsistencies with these Terms, but only for the specific Site function described in that Site Agreement. When using or accessing the Sites, you agree that you must comply with any guidelines, rules, terms, and conditions applicable to such use or access that we post, which are hereby incorporated by reference into these Terms.
You are responsible for evaluating specific information, content, products, and services that may be available through the Sites. We do not represent, warrant or guarantee any particular results with respect to your use of the information available on the Sites. YOUR USE OF THE SITES IS AT YOUR OWN DISCRETION AND RISK. WE DO NOT MAKE ANY GUARANTEE ABOUT THE ACCURACY, RELIABILITY OR SECURITY OF ANY SERVICES, METRICS, DATA, STATISTICS OR OTHER INFORMATION YOU FIND ON THE SITES, OR WHETHER SUCH SERVICES, METRICS, DATA, STATISTICS OR INFORMATION WILL HELP YOU ACHIEVE ANY PARTICULAR RESULT(S). WE FURTHER MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS.
CHANGES IN TERMS
We reserve the right, at any time and from time to time, to modify, suspend, or discontinue the Sites; charge fees in connection with the use of certain aspects of one or more Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that neither we nor any of our affiliates or subsidiaries shall be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, in whole or in part, or of any service, content, feature, or product offered through the Sites.
ONLY A VENUE
You agree and acknowledge that the Sites are only an informational venue for users to obtain general information about specific cities or other geographic areas, such real estate and housing information, local business information, population data, crime data, school ratings, consumer spending, and other information relating to statistical data and trends. The Sites are for educational and entertainment purposes only. MapVida makes no representation, and gives you no assurance whatsoever, that any particular information, data, statistic, trend, other metric available on the Sites is accurate, or than any specific point of interest or location actually exists, or is (i) safe, reliable, suitable, or of any particular quality, or (iii) actually owned, controlled, or capable of being provided by any particular person or entity.
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Sites on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection while accessing or using the Sites, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. You understand that the Sites are provided over the Internet and mobile networks, so the quality and availability of the Sites may be affected by factors outside our control. We do not guarantee that the Sites will be compatible or operate with your Mobile Provider’s service plans, with any particular Mobile Device, or other piece of hardware, software, equipment, or device you install on or use with your Mobile Device.
WE ARE NOT RESPONSIBLE IF THE SITES ARE UNAVAILABLE OR IF YOU CANNOT DOWNLOAD OR ACCESS SITE CONTENT, FOR ANY COMPATIBILITY OR INTEROPERABILITY ISSUES, OR FOR ANY COMMUNICATION SYSTEM FAILURE WHICH MAY RESULT IN THE SITES BEING UNAVAILABLE. WE MAY USE YOUR ELECTRONIC CONTACT INFORMATION TO SEND YOU COMMUNICATIONS.
You are responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical, Internet and other physical requirements necessary for your use of the Sites.
OUR INTELLECTUAL PROPERTY RIGHTS
MapVida alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Sites, all MapVida Content, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Sites. “MapVida Content” means all photographs, videos, artwork, written text, graphics, designs, HTML, look and feel, software, algorithms, data, metrics, statistics, information, services, typefaces, logos, trademarks, service marks, domain names, and trade names appearing on or within the Sites. MapVida Content is protected by federal and international trademark, copyright and other intellectual property laws. MapVida Content is protected in all forms, media and technologies now known or hereinafter developed. MapVida owns the coordination, selection, arrangement and enhancement of such MapVida Content as a Collective Work under the United States Copyright Act, as amended. No portion of the MapVida Content may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of MapVida. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Sites without MapVida’s express prior written consent and, if applicable, the holder of the rights to the user content. Although MapVida attempts to ensure the accurateness of the MapVida Content, it makes no guarantees whatsoever as to its correctness or accuracy. It is possible that the MapVida Content could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to MapVida Content by third parties. In the event that an inaccuracy arises, please inform MapVida so that it can be addressed. You may not remove, alter, or obscure any copyright notice or any other proprietary notice that appears on or in the Sites. With respect to MapVida Content, any rights not expressly granted by these are reserved by MapVida. Information contained on the Sites may be changed or updated without notice.
YOUR LICENSE TO USE THE SITES
Subject to the terms and conditions of this Agreement, MapVida hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Sites to the extent permitted by their intended functionality, for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties.
You may only access and/or use the Sites, including any analytical tools or other functionality therein, through the certified applications or intended methods that MapVida makes available to you. Any access or use of the Sites or any of MapVida Content through an application, service, or method provided by a party other than MapVida is strictly prohibited outside the scope of the license granted herein. MapVida may revoke and/or terminate the foregoing license with respect to any aspect of the Sites at any time, for any or no reason. ANY USE OF THE SITES AND THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
MapVida is not liable if you do not have a compatible mobile device, computer, operating system, browser, or any other software or hardware with which the Sites are not compatible. MapVida reserves the right to terminate the Sites and your use thereof should you use or attempt to use the Sites with an incompatible or unauthorized device or in violation of the Terms.
You will be required to register an account and provide login information in connection with your use of certain features of the Sites, including our mobile application. If you are permitted to and choose to create an account, you are the only person authorized to access and use your account. You must immediately notify us of any known or suspected unauthorized use of your account or any known or suspected breach of security, including, but not limited to loss, theft, or unauthorized disclosure of your password. YOU ARE RESPONSIBLE FOR ALL ACTIVITY IN YOUR ACCOUNT. Any fraudulent, misleading, abusive, or illegal activity may be grounds for termination of your account at our sole discretion and we may refer you to appropriate law enforcement agencies. You agree to maintain accurate and complete contact information in connection with your account, and to update this information promptly in the event it changes.
Any change or update made to your account information, and all other postings, text, reviews, images, messages, location data, files, and other materials you post, transmit through, or link to the Sites (collectively, “Your Content”) are your sole responsibility. By uploading, transmitting, or posting Your Content, you grant MapVida a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute Your Content in whole or in part.
By leaving a review, you acknowledge that:
• Reviews are opinions and not the opinion of MapVida, and have not been verified or approved by MapVida;
• You should undertake your own research to be satisfied that a specific location is the right fit for you;
• Your review may be publicly displayed on the Sites;
• MapVida has a right to edit, delete, hide modify, copy, distribute and create derivate works of any review you post to the Sites; and
• Reviews may not contain private information, obscene, racist, or harassing language or imagery, or advertising or spam.
By accessing, downloading or otherwise using the Sites, you further agree that:
• You will only use the Sites and MapVida Content available through the Sites for your personal and sole use;
• You will not authorize others to use your account;
• You will not assign or otherwise transfer your account to any other person or legal entity;
• You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
• You will not use the Sites for unlawful purposes, including, but not limited to, sending or storing any unlawful material or for fraudulent purposes;
• You will not use the Sites to cause nuisance, annoyance, or inconvenience;
• You will not try to harm the Sites in any way whatsoever;
• You will not copy or distribute the Sites or any MapVida Content without written permission from MapVida;
• You will keep secure and confidential your account password or any identification we provide you which allows access to any of the Sites;
• You will provide us with whatever proof of identity we may reasonably request;
• You will only use an access point or other data account which you are authorized to use;
• You will not use any of the Sites with an incompatible or unauthorized device;
• You will not use or introduce into the Sites any device, software, or routine intended to damage, bypass, modify, interfere with, erase, or permit unauthorized access to the Sites, servers, or networks connected to the Sites, crack passwords or security encryption codes, or take any other action that interferes with any other person’s use of the Sites;
• You will not use any automatic or manual device or process to harvest or compile information from the Sites for any reason;
• You will not copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code of the Sites, or any ideas, MapVida Content, designs or information available through the Sites or on which the Sites or any MapVida Content are based;
• You will not use any MapVida Content obtained through the Sites or any content made available through the Sites in any manner that misappropriates any trade secret or infringes any intellectual property rights, rights of publicity, or other proprietary right of any party; or
• You will not use the information in the Sites to create or sell a similar service or product to any MapVida Content made available through the Sites.
DEACTIVATION OF YOUR ACCOUNT
MapVida reserves the right to immediately terminate your access to and use of any of the Sites should you not comply with any of the above rules. We may further modify, suspend, or close your account or otherwise stop providing any Sites in whole or in part at any time and for any reason. We will not be liable to you or any third party for suspension or termination of any Site or your account. You will not be able to access any information in your account once your access has been suspended or terminated or a Site itself has been shut down. YOU ARE RESPONSIBLE FOR MAKING SURE YOUR CONTENT AND OTHER INFORMATION YOU DESIRE IS PROPERLY BACKED UP SO YOU HAVE ACCESS TO IT IN THE EVENT OF LOSS, CORRUPTION, OR CESSATION OF ANY SITE, OR TERMINATION OR SUSPENSION OF YOUR ACCOUNT. WE DO NOT EXPORT YOUR CONTENT, YOUR INFORMATION, OR OTHER DATA DURING YOUR USE OF THE SITES, OR PROVIDE YOUR CONTENT, INFORMATION, OR OTHER DATA TO YOU WHEN YOUR ACCOUNT IS CLOSED.
NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEBSITES
The Sites may include materials from third parties. In addition, MapVida may provide links to certain third-party websites. You acknowledge and agree that MapVida is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. MapVida does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that MapVida is not in any way responsible for any such use by you. If you click on an advertiser’s ad, in the event they are provided, and you are taken to an app or website other than the Sites, you are assuming all responsibility for: (i) lost data; (ii) unsaved data in the Site that you left; (iii) loss of links to return to the Sites; and (iv) possible intrusion to your information through the link to the third party app or website.
The contact information you provide during the account registration process, including your email address and phone number, will be the contact information we will use for all Site-related communications to you. We may also send you messages via your account for the Sites. It is your responsibility to monitor your email and Site accounts and respond in an appropriate manner. Our Sites may contain links or forms that can be used to contact us so you can comment, make a complaint, submit a review, make suggestions, and ask questions. You represent and warrant that any information you provide is correct and applies only to you and that you will keep your contact information and other information about you in your account up-to-date.
You can contact us through your account or by e-mail. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail, phone, or by our posting notices to your account. To tell us you do not want legal notices sent electronically or by phone, and for any other notices under this Agreement, contact us at info@Mapvida.com or 1-855-9-MapVida.
YOUR RELEASE AND INDEMNIFICATION OF MAPVIDA
By using the Sites, you agree to release, defend, indemnify and hold harmless MapVida, its officers, members, directors, employees, affiliates, contractors, licensors and agents, from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of all or part of the Sites; (b) Your Content; (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations within these Terms; (d) your infringement or misappropriation of any intellectual property or other rights of MapVida or third parties; (e) any negligence or willful misconduct by you; (f) claims of injury, death, loss or damage of any kind (compensatory, direct, incidental, consequential or otherwise) arising from your use of the Sites or any MapVida Content; or (g) your interaction with any person as a result of your use of the Sites. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
DISCLAIMER OF WARRANTIES
THE SITES ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SITES, INCLUDING ANY MAPVIDA CONTENT AVAILABLE THROUGH THE SITES, IS AT YOUR SOLE RISK. MAPVIDA DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES MAPVIDA MAKE ANY WARRANTY AS TO THE ACCURACY OF ANY CONTENT OR AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITES. MAPVIDA MAKES NO OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, OR TIMELINESS, IN RELATION TO THE SITES. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN IN RELIANCE ON THE SITES OR ANY INFORMATION THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY, AND OTHER LEGAL RIGHTS MAY BE GRANTED IN SUCH JURISDICTIONS. PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS AGREEMENT. STATEMENTS OUTSIDE THE TERMS, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING PARTICULAR TRENDS, METRICS, SAFETY, RANKINGS OR SUITABILITY RELATED TO ANY PARTICULAR LOCATION, BUSINESS, ENTITY, INDIVIDUAL OR POINT OF INTEREST, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, ARE NOT WARRANTIES OR PROMISES BY US, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF ALL SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY, AND OTHER LEGAL RIGHTS MAY BE GRANTED IN SUCH JURISDICTIONS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITES. YOU UNDERSTAND THAT MAPVIDA NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
LIMITATIONS OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE ARE NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, SITE-RELATED CONTENT (INCLUDING BUT NOT LIMITED TO MAPVIDA CONTENT OR USER CONTENT), OR ANY LINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, ANY SITE CONTENT, OR ANY LINKED WEBSITES IS TO STOP USING THE SITES, SITE CONTENT, OR LINKED WEBSITES.
IF WE ARE FOUND TO BE LIABLE DESPITE THE LIMITATIONS ABOVE, MAPVIDA’S TOTAL DAMAGES TO ANY SINGLE USER RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY SUCH USER IN CONNECTION WITH SERVICES OBTAINED THROUGH THE SITES, OR $1, WHICHEVER IS GREATER. Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you.
It is MapVida’s policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. MapVida will terminate the access of all users who infringe the intellectual property rights of others. Likewise, any apparent infringement of MapVida’s intellectual property rights by any user will result in the immediate termination of that user’s access to the Sites.
If MapVida removes or disables access to Your Content, MapVida Content or other third party content according to these Terms, MapVida may, in its discretion, provide the content contributor with a copy of the notification which prompted removal or disabled access to such content.
REPORTING COPYRIGHT INFRINGEMENT
If you believe someone is using your copyrighted work without your permission on any of the Sites, you may wish to may contact our Designated Copyright Agent. Notifications of claimed copyright infringement and counter notices should be sent to our Designated Copyright Agent using the contact information provided below.
MMSR, LLC d/b/a MapVida
Attn: Compliance Officer
We will respond to claims of copyright infringement reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. Notices of copyright infringement must include the following required information:
1. Your address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the alleged infringing material is located on the Sites;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
CHOICE OF LAW AND VENUE
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR SITES.
These Terms are entered into in the State of Colorado, U.S.A., and are governed by the laws of the State of Colorado, U.S.A., exclusive of its choice of law rules. YOU AND WE EACH AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE COUNTY OF DENVER IN THE STATE OF COLORADO, U.S.A., FOR ALL DISPUTES RELATING TO THESE TERMS. EACH PARTY WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.