WELCOME TO THE MAPWISE WEB SITE (the "Site"). Using the Site is subject to your acceptance of this Terms of Service agreement (the "Agreement"). If you do not accept this Agreement, please do not use the Site. Throughout the Agreement the terms "we", "our", or "us" refers to MapWise Inc., a Florida corporation, and "you" or "your" refers to you, the visitor to our Site.
Changes to this Agreement. From time to time we may change the terms of this Agreement without prior notice to you. The current Agreement can be found at www.mapwise.com/company/terms.html. By using the Site after we have posted any revisions to this Agreement, you accept the Agreement as revised.
Errors and Downtime. Errors may appear from time to time on the Site and some information on the Site may be out of date. Before relying on information you've found on the Site, please confirm any facts that are important to your decision. You can contact us by accessing the Contact Us page on our site, or call us at 772-600-7353. From time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which we may undertake from time to time; or (iii) causes beyond our control or which we cannot reasonably foresee.
Ownership. The materials and content on our Site are our property, or the property of our licensors, and are protected by copyright, trademark and other intellectual property laws. These materials and content include, but are not limited to, maps and map data, pictures, images, graphics, audio, video, geocodes and/or geocoded data, logos, trademarks, service marks, and text. You may electronically copy and print in hard copy portions of the materials on our site: (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights notices, (2) for reference, (3) for communicating with us, or (4) for placing an order with us. You may utilize graphics and printed materials for commercial purposes as long as the material is not sold to another party. For example, you may utilize graphics output and hard copy for purposes of real estate advertising or appraisals. MapWise must be credited with any personal or commercial use. Any other use of materials on this site, including reproduction for purposes other than permitted above, uploading, modification or distribution, is prohibited without our prior written permission. Requests for permission should be sent to our Customer Support.
Content Access. Access to content on mapwise.com is via several methods:
No automated scraping of content is allowed outside normal data access venues. For example, you may not use an automated scraper to access free content or named user content. You may not use an automated scraper via our API. We monitor logs for scraping activity and shut down access from specific clients mapwise.com as needed. We may also cancel your named user account without warning if deemed necessary.
Links. We may link to another web site, but our link does not constitute our endorsement of that site or an endorsement of any product, service or other material offered on that site.
User Name and Passwords. To obtain access to certain services through Site, you may be given an opportunity to register with us. As part of any such registration process, you will select/be given a User Name and Password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter our site under the name of, another person. We reserve the right to reject or terminate any User Name that we deem offensive. You will be responsible for preserving the confidentiality of your Password and will notify us at Customer Support of any known or suspected unauthorized use of your account.
Security. We utilize a third-party payment fulfillment company named PayPal. Your credit card information is processed on the PayPal site. Ordering information you send to PayPal over the Internet uses a Secure Socket Layer ("SSL") connection. Despite an SSL connection providing a high level of security, it is not impenetrable. We cannot, and do not, guarantee the security of the Site, nor can we guarantee that information you supply won't be intercepted while being transmitted over the Internet..
Connecting to the Site. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.
NO WARRANTY. THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EFFECTIVENESS, COMPLETENESS, ACCURACY, AND TITLE.
LIMITATION OF LIABILITY. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY YOU TO US HEREUNDER, BUT IN NO EVENT MORE THAN ONE HUNDRED U.S. DOLLARS ($100.00). MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify, defend and hold us, including our shareholders, directors, officers, employees and agents harmless, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or company, arising out of or relating to your breach of this Agreement.
Law and venue. This Agreement is made in and shall be governed by the laws of the State of Florida without reference to that body of laws commonly referred to as conflict of laws. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Stuart, Florida.
Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision shall be stricken and the remainder of this Agreement will remain fully effective and enforceable. Any provision that is stricken in accordance with this provision shall be replaced to the extent possible with a legal and enforceable provision that is as similar in tenor to the stricken provision as is legally possible.
Notices. Any notice, request or demand made by you pertaining to this Agreement shall be in writing, and may be delivered in person, by certified or registered mail with postage prepaid. All notices shall be addressed to MapWise Inc., Legal Department, 2740 SW Martin Downs Blvd. #416, Palm City FL 34990.
Miscellaneous. Any cause of action or claim you may believe you have with respect to Site or any MapWise service or product obtained through our site must be brought within one (1) year after the alleged claim or cause of action arises. Any failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement. MapWise may assign its rights and duties under this Agreement to any party at any time without notice to you. We reserve the right to suspend service or deny access to our site for any reason.