Your entry into this Agreement shall not affect any written agreements between you and Provider, all of which shall remain in full force and effect according to their terms. With respect to your use of the Service, any written agreement between you and Provider regarding the Service shall govern in the event of any inconsistency between this Agreement and such written agreement.
1. Purpose of the Service
The Service assists you in creating, tracking, and maintaining an inventory of assets, including information regarding individuals, business assets, personal property, insurance policies, contracts and warranties. The Service is not intended to provide legal, tax, or financial advice, and the Service does not provide proof of ownership or possession of assets. You should consult an attorney, accountant, or other financial adviser who is fully aware of your individual circumstances before making any decisions based on information and advice provided by the Service.
2. Use of the Service
In return for Provider’s commitment to provide the Service, you are required to make the following commitments:
- You must be at least 18 years old.
- You must be human. Accounts registered by automated methods, such as by “bot,” are not allowed.
- You agree that you will only use the Service for your own personal use and internal business purposes.
- Your right to access the Service is personal to you and may not be transferred to any other entity or person.
- You must provide true, accurate, current and complete information about your accounts and you may not misrepresent your registration information.
- It is your obligation to maintain accurate registration and account information. The Service may not function effectively if your account information is not maintained.
- You agree that Provider may use your feedback, suggestions or ideas in any way, including in modifications to the Service, other products or services, or in publicity materials, and grant Provider a perpetual, royalty-free, unencumbered license to use the feedback you provide.
- You are aware that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve transmissions over various networks, and changed to conform and adapt to technical requirements of connecting networks or devices.
- By uploading content to the Service, you authorize Provider to display your company name and logo on its website, customer list, and publicity materials, free of charge. Provider claims no intellectual property rights over any other content you upload to the Service.
- You agree to provide all equipment and software necessary to connect to the Service, including but not limited to a web-enabled device that is suitable to connect with and use the Service. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.
Additionally, you are prohibited from doing the following:
- Impersonating others or providing inaccurate information.
- Attempting to reverse-engineer, decipher, decompile or disassemble any of the components of the software that makes up the Service.
- Taking any action that will impose an unreasonable or disproportionate load on the Service’s infrastructure.
- Uploading any content that infringes on or misappropriates any third party’s intellectual property rights, privacy rights, contractual rights, proprietary rights, or publicity rights.
- Uploading any individually identifiable health information that violates the HIPAA Privacy Rule.
- Using any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of the Service, without Provider’s explicit written consent.
- Uploading, posting or transmitting any worms, viruses, Trojan horses, keyloggers, or other malware or any other contaminating or destructive features, or anything that otherwise interferes with the proper working of Provider and Service.
- Using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers.
- Uploading or posting content that violates any applicable laws in your jurisdiction, or any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising or that is or may reasonably be considered to be defamatory, libelous, hateful, obscene, pornographic, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation.
- Using the Service to send unsolicited bulk messages (“spam”).
- Assisting or helping or encouraging others to violate this Agreement or Provider’s policies.
- Interfering with or impairing the intended operation of the Service.
- Attempting to create accounts or access or collect information in unauthorized ways, for bad-faith reasons, or for reasons not related to using the Service.
- Attempting to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
You are responsible for all content posted under your account, as well as any activity that occurs under your account. Provider does not pre-screen uploaded user content, but reserves the right in its sole discretion to refuse or remove any content made available by the Service or to immediately disable or delete any account of a User who it believes is violating these commitments.
3. User Accounts
To post information to and otherwise use the Service, you must first register by creating a User Account. User Account registration requires you to submit to Provider certain personal information, such as your name, address, mobile phone number, and other information (“User Content”). If you choose to set up your User Account to electronically pay for a certain fee-based Service, you will also be required to provide a valid payment method (either a credit card or accepted payment partner). You grant Provider the right to provide any information you submit to Provider to third parties for purposes of facilitating the completion of any monetary transactions initiated by you or on your behalf. You understand that your continued use of the Service following any trial period may result in charges to you for the Service (“Charges”). Charges will be inclusive of applicable taxes where required by law. Charges are based on Services purchased and not actual usage. All fees paid are non-refundable. Provider reserves the right to establish, remove and/or revise the Charges to you for the Service at any time in Provider’s sole discretion. Provider will use reasonable efforts to inform you of such Charges and you may elect to cancel the Service rather than pay the Charges. You understand that your continued use of the Service following notice from Provider may result in charges to you for the Service and that Provider may terminate or suspend the Service until you have paid the Charges.
In addition to our use of third parties to process monetary transactions (e.g. credit card transactions), we also have arrangements with vendors who provide us with certain hosting and data storage services (e.g. Amazon Web Services (“AWS”) cloud storage). Those companies are provided (either by us or directly by you) with your information as part of the service for which they are hired. These companies are authorized to use your information only as necessary to provide these services. We require these companies to maintain the confidentiality of the information they receive, and prohibit them from using the information for any other purpose.
You are responsible for safeguarding the password that you use to access your User Account, and it is recommended that you choose a strong password, i.e., a password of sufficient length and complexity such that third parties will not readily guess your password. You should take measures to maintain and preserve the confidentiality of the username and password associated with your User Account, and you must notify Provider promptly of any unauthorized use or suspected breach of security of your User Account. Provider shall not be liable for any losses that may result from any unauthorized use of your User Account or failure to maintain appropriate confidentiality measures. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions. Provider owns your User Account credentials and may revoke or change them at any time.
4. Third-Party Accounts and Links to and from Other Websites
The Service may permit you to log in using third-party websites and accounts, such as Facebook and LinkedIn. By providing your third-party account credentials to the Provider, you authorize the Provider to access your third-party account as your agent. You authorize the Provider to disclose, use and store those credentials to log in to the Service. The Provider will not share your personal information with third-party websites, except to the extent necessary to verify your identity.
The Service is not sponsored or endorsed by any third parties accessible through the Service.
The Service may provide links to third-party websites. The Provider is not responsible for the content on third-parties’ websites, and a link does not imply sponsorship or endorsement of the third-party website’s content.
The Provider may maintain accounts on social media platforms such as Facebook, Twitter, and Instagram. Any content you post on the Provider’s social media accounts is subject to the social media platform’s terms of service and privacy policies.
5. Intellectual Property Rights
Unless otherwise noted, all text, images, graphics, photographs, video clips, designs, icons, sounds, information, data, and other materials appearing on the Service which are not User Content (the “Provider Content”) and all methods, methodologies, procedures, processes, know-how, software, algorithms, techniques, and other technology (the “Technology”) displayed, used, or incorporated on the Service by Provider are copyrights, trademarks, service marks, trade secrets, or other intellectual property or proprietary content owned or licensed by Provider. All such intellectual property or proprietary rights are reserved by the Provider and any third-party owners of those rights.
You may not distribute, publish, transmit, modify, create derivative works from, use in connection with any product or service, or in any way exploit, any of the available Provider Content and Technology, in whole or in part, for any purpose without the express written permission of Provider or the respective owner.
7. Disclaimer of Warranties
Provider does not warrant that the Service will be available. Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Provider, in its sole discretion, may elect to take. Provider does not warrant that content provided by User, Provider Content, or Technology, regardless of its source, is accurate, complete, reliable or current. The Service is provided for informational purposes only and does not constitute an endorsement by Provider of any product, service or merchant. You should not rely on such information in situations where its inaccuracy could cause you to suffer any loss. The Service is not an archival or storage service, and the Provider reserves the right to limit the period of time that uploaded content is available on the Service. ALL PRODUCTS, SERVICES, INFORMATION, DATA, TEXT, USER CONTENT, PROVIDER CONTENT, TECHNOLOGY, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, PROVIDER DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE AND ITS SERVERS WILL BE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROVIDER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (I) MERCHANTABILITY OR SATISFACTORY QUALITY, (II) FITNESS FOR A PARTICULAR PURPOSE, (III) TITLE, AND (IV) NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. PROVIDER FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (I) THE AVAILABILITY OF TELECOMMUNICATION SERVICES AND ACCESS TO THE SERVICE AT ANY TIME OR FROM ANY LOCATION; (II) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF YOUR TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICE.
8. Limitation of Liability
In no event shall Provider, its agents, licensors, or service providers, or any other person or entity involved in creating, promoting, maintaining, hosting, or otherwise making available any User Content, Provider Content, Technology, or other aspect of the Service, be liable to you or any other person or entity for any direct, indirect, incidental, special, consequential, punitive, or other such damages, including but not limited to any damages associated with: (i) loss of goodwill, profits, business interruption, or data, or other such losses; (ii) your inability to use the Service, any unauthorized use of the Service, or any function of the Service or failure of the Service to function; (iii) the provision of or failure to provide any service though the Service; (iv) errors or inaccuracies in the User Content, Provider Content, Technology, or any advertising or other information, software, products, services, and related graphics used, viewed, or obtained through the Service; or (v) any property loss including damage to your computer or computer system caused by viruses or other harmful components encountered during or on account of access to or use of this Service or any third-party website linked to this Service. These limitations of liability shall apply regardless of the form of action, whether based in contract, negligence, strict liability, other tort, or otherwise, and even if Provider has been advised of the possibility of any particular damages. To the extent you allege or assert any damages associated with the Service which are not excluded by the foregoing, then Provider’s liability (and that of its agents, licensors, or service providers) for such damages shall not exceed one hundred dollars ($100.00 USD), or the cost of the services provided, whichever is less.
You agree to defend (at Provider’s request), indemnify, and hold Provider harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with this Agreement or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
10. Copyright Complaints
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Provider’s designated agent with the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- identification or description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Provider’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted by email at the following address: [email protected]. Provider has adopted and implements a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of Provider and/or others. For more details on the information required for valid Digital Millennium Copyright Act (“DMCA”) notification, see 17 U.S.C. 512(c)(3). You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
11. Governing Law and Venue
This Agreement will be governed by and construed in accordance with the laws of the State of Arizona. For any dispute, the parties agree to first attempt to resolve the dispute informally. In the event that the Parties are unable to resolve a dispute after sixty (60) days, the parties agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief which may be brought in federal or state courts situated in Maricopa County, Arizona) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration under the Optional Expedited Arbitration Procedures then in effect for JAMS. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Maricopa County, Arizona, unless the Parties agree otherwise. Each Party will be responsible for paying its applicable JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Nothing in this Section shall be deemed as preventing a Party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its confidential information, intellectual property rights or other proprietary rights.
Provider may assign its rights under this Agreement to an affiliated company, or in the event of a merger or acquisition, to its surviving or successor entity. Provider will provide you with reasonable notice in the event of any such assignment by updating this page. You may not assign this Agreement or the rights and obligations hereunder without the prior written consent of Provider.
The term of this Agreement shall commence upon your first use of the Service, and shall continue (i) as long as you or any persons given access by you retain access rights to the Service, or (ii) until Provider ceases to operate the Service or closes your User Account. Provider shall not have any ongoing obligation to provide the Service; thus, Provider may cease to operate the Service at any time and for any reason. Without limiting the foregoing, Provider may cease to provide your User Account in the event of: (i) any dispute or termination of Provider’s relationship with you; (ii) any dispute concerning ownership or control of your User Account; or (iii) use of your User Account in a manner that Provider, in its sole discretion, considers improper or unacceptable. Provider reserves the right to limit the period of time during which Provider may make any User Content pertaining to you available on the Service. The Service should not be viewed as your backup, archival or storage service with respect to any User Content.
15. No Waiver
If Provider fails to enforce any aspect of this Agreement, it will not be a waiver.
If any of the provisions of this Agreement are declared by a federal, state, or local court of law to be invalid, such provisions shall be severed from this Agreement and the other provisions thereof shall remain in full force and effect.
17. Google Maps Specific Terms