If you do not agree to be bound by the terms and conditions below then you may not utilize the Information and must immediately terminate your use of the Service and access to the Site.
Maptuit® Corporation ("Maptuit") provides a mapping and routing information service (the "Service") from www.maptuit.com and associated URLs (the "Site") and which may also be accessed through business Partner websites and/or systems. Your access to the Site or use of the Service constitutes your acceptance of, and is conditional upon your continued acceptance of and compliance with, the following provisions. If you have not already done so, please take some time to familiarize yourself with them. Also note that these terms and conditions may change from time to time and it is your responsibility to check for such updates.
Last Revised: May 25, 2004.
Copyright © 2003 Maptuit Corporation. All rights reserved. All text, images, graphics, programs, data, animation, sounds and other materials on the Site or made available through the Service and including maps, routes and information about attractions and business establishments (collectively, the "Information") are subject to the intellectual property rights, including copyright, of Maptuit and its licensors. Maptuit also owns the copyrights in the selection, organization and arrangement of the Information on the Site.
Users of the Service are granted a non-exclusive, non-transferable limited license to access and immediately use the Information for their own and sole personal purposes (and expressly excluding any commercial exploitation or use). Any other use of the Information, including but not limited to service bureau, time-sharing or similar purposes, is prohibited. Except for personal viewing on the screen of a computer or other device used to access the Service and the printing of a single copy from such computer or device (and provided the Information is not modified and any notices are not removed), none of the Information may be modified, translated, merged with other products or otherwise distributed, reproduced, stored, transferred, sublicensed, assigned, leased, marketed, republished, reverse engineered or used on other sites or for any other purpose, in any manner or form, without the prior written consent of Maptuit. For further certainty, maps, routes and/or other information provided by the Service may not be made available to other persons, posted on a web site or reproduced in any publication.
While Maptuit encourages and appreciates links to its home page, direct links to other pages on the Site (including maps) are prohibited. Links to the Site which are encoded to generate a specific map are prohibited. Framing of any Information is also not permitted. Maptuit business partners pay Maptuit a fee in order for their users to obtain access to the Information. Any unauthorized attempts to access or use the Information constitutes fraud.
Maptuit is a registered trademark in the United States of Maptuit Corporation. Certain other words, phrases (such as "The Best Way to Find Your Way", "Transportation Solutions that Drive Your Bottom Line", "FleetNav", "FleetDispatch", "Alert", "RouteGuide", "ExitGuide", "RealTraffic"), names, designs or logos used on the Site may constitute trade marks, service marks or trade names of Maptuit or other entities. All other marks are the property of their respective owners. The unauthorized use of any trademarks displayed on the Site is strictly prohibited.
Any products or services mentioned on the Site are made available in accordance with local law and only where they may be lawfully offered.
The mention of another entity or its product or service on the Site or any Information should not be construed as an endorsement, sponsorship or recommendation of that entity or its product or service.The Site may contain links to other sites. These links are provided as references to help users identify and locate other resources that may be of interest. These other sites are independently maintained by entity other than Maptuit and Maptuit does not assume responsibility for Information contained at such sites. In providing links to other sites, Maptuit is in no way acting as a publisher of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over such sites.A link to another site should not be construed to imply that Maptuit is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.
Information provided on the Site is believed to be reliable when posted or made available. However, the Information and the systems generating the Information are complex and may contain some nonconformities, defects or errors. Maptuit does not guarantee the reliability, accuracy, quality, timeliness, usefulness, adequacy, completeness or suitability of the Information, or the results to be obtained. Maptuit assumes no obligation to update the Information. Information and features of the Service may contain typographical or other errors. Information provided may be changed or discontinued without notice. The Information is provided for informational purposes only.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACCESS TO THE SITE/SERVICE, AND ANY INFORMATION THEREFROM, IS PROVIDED ON AN "AS IS" BASIS. MAPTUIT AND ITS LICENSORS MAKE NO GUARANTEES AND EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING USE OF THE SITE, THE SERVICE OR THE INFORMATION, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE, TITLE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERAL NATURE OF ABOVE, MAPTUIT MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICE OR INFORMATION COMPLIES WITH THE NATIONAL NETWORK, BRIDGE HEIGHT RESTRICTIONS OR ANY OTHER RELATED POLICIES, REGULATIONS OR RULES OF THE ROAD.
You should not assume that your use of the Site/Service will be error free or that the Site will operate without interruption. Certain countries or states do not allow certain warranties to be excluded, so the above exclusions may not apply to you in their entirety.
Maptuit does not guarantee or warrant that any files made available for downloading from the Site will be free of infection by viruses, worms, "Trojan horses", or other code that manifest contaminating or destructive properties.
YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SITE, USE OF THE SERVICE AND/OR USE OF ANY INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAPTUIT AND ITS LICENSORS SHALL NOT BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY CLAIM, EXPENSE, DAMAGE, LOSS, LIABILITY, OBLIGATION, DEMAND OR ACTION ("DAMAGES"), IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE OR IN RELIANCE ON THE INFORMATION, INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF MAPTUIT, ITS LICENSORS OR AGENTS HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF.
WITHOUT LIMITING AND NOTWITHSTANDING THE FOREGOING PARAGRAPH, IF FOR ANY REASON WHATSOEVER THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE HELD UNENFORCEABLE OR INAPPLICABLE, THE TOTAL AGGREGATE LIABILITY OF MAPTUIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR DAMAGES SHALL NOT EXCEED FIFTY DOLLARS ($50.00).
You agree to indemnify, defend and hold Maptuit and its licensors (including each of their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and their respective officers, directors, employees, shareholders, agents and representatives of each) free and harmless from any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind, including but not limited to legal fees, arising out of or in connection with any use or possession by you of the Information. You are responsible for any tax arising from your use of or access to the Information.
The laws applicable in the Commonwealth of Massachusetts shall govern as to the interpretation, validity and effect of this Agreement notwithstanding and without giving effect to any conflict of laws provisions of your domicile, residence or physical location. Your use of the Site or Service, or use of any Information provided to you, shall constitute submission to the non-exclusive jurisdiction of the courts of the Commonwealth of Massachusetts in any action or proceeding instituted under or related to this Agreement or the Site. Any action or claim brought against Maptuit shall be initiated exclusively in Boston, Massachusetts. The parties expressly disclaim the application of the United Nations Convention for Contracts for the International Sale of Goods and the application of any law which seeks to implement UCITA.
Many areas of the Site do not require users to identify themselves or reveal any personal information. However, certain usage information which may include a user's IP address the time and length of access, the pages viewed and the name of any site visited immediately prior to coming to the Site may be collected and stored on an anonymous, aggregate basis. Maptuit does not consider IP addresses to constitute personally identifiable information since they are commonly utilized by proxy servers and thereby shared among multiple users, or are dynamically assigned to machines, and are not easily associated with a particular user. Any e-mail address configured in a user's Web browser may also be logged as part of the web server's automatic logging process. This information is primarily used to assess usage of, and develop ideas for improving, the Site. Maptuit does not currently request or obtain personally identifiable information from its business partners.
The Site may make use of "cookie" technology (which uses an identifier that is stored by web browsers) to manage security on the Site and to customize the presentation of information to you.
Maptuit may use any personally identifiable information submitted by users or collected from use of the Site or Service, if any, to notify users of additional products and services about which they might be interested. Maptuit will not, however, provide such information to other companies for their independent use. Maptuit reserves the right to provide information collected from the Site or by the Service to third parties, provided such information does not contain information sufficient to identify a particular user by name, address or other personally identifiable information.
Notwithstanding anything else contained in these provisions, Maptuit reserves the right to disclose information collected if it believes in good faith that such disclosure is required by law, to comply with judicial process or to protect Maptuit's property or other interests.
You may contact Maptuit at any time to review or correct any personally identifiable information which may have been collected by Maptuit.
To the extent that any area of the Site or component of the Service requires users to register, any information provided in the course of such registrations shall be true and accurate. No attempt may be made to impersonate another person or to gain access to any Site facility or Service by unauthorized or improper means.
Users represent and warrant that they are old enough and possess the legal right and ability to enter into this Agreement.
Maptuit reserves the right to suspend or terminate access to the Site and Service to any user or group of user for any reason at Maptuit's sole and absolute discretion.
These terms and conditions constitute the entire agreement between Maptuit (and its licensors, including their respective licensors and suppliers) and you in respect to the subject matter hereof, and supersedes in their entirety any and all previous written or oral agreements between the parties. If any provision contained herein is declared invalid or unenforceable, the remaining provisions shall remain in effect.
The Information is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Maptuit Corporation, 35 Corporate Drive, Fourth Floor, Boston, MA, USA 01803. The Information is copyrighted © 2003 by Maptuit Corporation and/or its licensors UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. For the purpose of any public disclosure provision under any federal, state or local law, the Information shall be deemed to constitute trade secret and proprietary commercial data and not subject to disclosure.
Maptuit may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site or by written communication delivered by regular mail to your address on record with the Site. You may give notice to Maptuit at any time via electronic mail to Maptuit or by letter delivered by first class postage prepaid regular mail or overnight courier to the address listed for Maptuit at www.maptuit.com
Maptuit may utilize third-party advertising services to display advertising on the Site for others. These third-party services may upload a cookie for the purposes of ad tracking, presentation and to measure ad effectiveness. Maptuit does not share personally identifiable visitor information with its third party providers of advertising services.
Certain data provided to Maptuit by its third party licensors and utilized to generate portions of the Information is subject to additional terms and conditions, as follows:
DMTI maps and data (the "Licensed Products") are copyrighted 2000 by Desktop Mapping Technologies Inc. ("DMTI") and may contain components which have been licensed to DMTI by its licensors.
Desktop Mapping Technologies Inc. ("DMTI") hereby grants to you a non-exclusive, non-transferable license to use the Licensed Product(s) displayed on the Site and/or provided through the Service subject to the following terms and conditions (which are in addition to other Maptuit terms and conditions):
You acknowledge that the Licensed Product(s) belong to DMTI and its third party supplier, and that the Licensed Product(s) are copyrighted. Unauthorized copying of the Licensed Product(s), or documentation is expressly forbidden and you may be held legally responsible for copyright infringement which is caused or encouraged by your failure to abide by the terms of this agreement.
You may not reproduce, sell, rent, lease, loan, distribute or sublicense the Licensed Product or otherwise transfer the Licensed Product(s) to any third party, use the Licensed Product for commercial purposes, or use the Licensed Product to create any derived product for any of these prohibited purposes, except that you may make use of the Licensed Products generated by the Service in a manner authorized by these terms and conditions and the other terms and conditions of the Service.
In no event shall DMTI or it's third party supplier(s), Licensee or its Sub-Licensees be liable to you for any indirect damages including any lost profits, lost savings, interruption of business, loss of business opportunities or other incidental or consequential damages, arising out of your possession, use of, or inability to use the Licensed Product(s), even if DMTI, its third party supplier(s), or any authorized dealer, has been advised of the possibility of the damages, or for any claim by any other party. DMTI's total liability under this Agreement for breach of contract, negligence or gross negligence, shall under no circumstances exceed the total fees paid to DMTI up to the date of the cause of action giving rise to the claim under this paragraph.
You shall indemnify and hold DMTI, it's third party supplier(s), and their officers, employees and agents, Licensee or its Sub-Licensees and any of their officers, employees and agents harmless from and against any claim, demand or action, irrespective of the nature of the claim, demand or action, alleging loss, costs, damages, expenses, or injury (including injury from death) resulting from your authorized or unauthorized use, possession, modification, or alteration of the Licensed Product(s).
THE LICENSED PRODUCT(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF EFFECTIVENESS, COMPLETENESS, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT(S) IS WITH THE YOU, THE END USER. NO ORAL OR WRITTEN ADVICE GIVEN BY DMTI OR IT'S DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES, LICENSEES OR THEIR SUBLICENSEES CREATES A WARRANTY OR IN ANY WAY INCREASES DMTI's OR ITS LICENSEES OR THEIR SUBLICENSEE'S LIABILITY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
This license will terminate automatically without notice from DMTI if you fail to comply with any provision of this license Agreement. Upon termination, you shall destroy or return any written materials in connection with the Licensed Product(s) and all copies made thereof including modified copies, if any.
This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
The data ("Data") is provided for your personal, internal use only and not for resale. It is protected by copyright, and is subject to the following additional terms and conditions which are agreed to by you, on the one hand, and Maptuit and its licensors (including their licensors and suppliers) on the other hand.
© 2001 Navigation Technologies Corporation and Navigation Technologies B.V. All rights reserved.
The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario.
CONTRACT NO.: ____________________________________________
CONTRACTOR (MANUFACTURER/ SUPPLIER)
NAME: Navigation Technologies Corporation
CONTRACTOR (MANUFACTURER/SUPPLIER)
ADDRESS: 10400 West Higgins Road, Rosemont, Illinois 60018
The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (b)(3) of the Rights in Technical Data-Noncommercial Items clause contained in the above identified contract. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings. Any person, other than the Government, who has been provided access to such data must promptly notify the above named Contractor.
and; (ii) for civilian agency acquisitions, the NAVTECH Data is licensed in accordance with the rights set forth at FAR 52.227-14(g)(1), RIGHTS IN DATA-GENERAL (Protection of limited rights data and computer software). In the event that the Contracting Officer requires the delivery of limited rights NAVTECH Data that has been withheld or would otherwise be withholdable in accordance with FAR 52.227-14(g)(1), the NAVTECH Data is licensed with "Limited Rights" as set forth in the following "Limited Rights Notice" at FAR 52.227-14(g)(2) (Alternate II), which shall be affixed to the NAVTECH Data and the NAVTECH Data shall be treated in accordance with such Notice (which shall be marked on any reproduction of these data, in whole or in part):
These data are submitted with limited rights under Government Contract No. _____ (and subcontract ______, if appropriate). These data may be reproduced and used by the Government with the express limitation that they will not, without written permission of the Contractor, be used for purposes of manufacture nor disclosed outside the Government; except that the Government may disclose these data outside the Government for the following purposes, if any, provided that the Government makes such disclosure subject to prohibition against further use and disclosure: There are no additional purposes permitting disclosure of such Data.
The manufacturer/supplier of the Data is Navigation Technologies Corporation, 10400 West Higgins Road, Rosemont, Illinois 60018.
The real time traffic information ("Authorized Derivative Service") and the information provided to you (the "Results") (together, the "Products") are provided for your personal, internal use only and not for resale. The Products are protected by copyright, and are subject to the following additional terms and conditions which are agreed to by you, Maptuit and Maptuit's licensors (including their licensors and suppliers).
©1984-2003 by Tele Atlas N.V. and Tele Atlas North America, Inc. ALL RIGHTS RESERVED.
The Products for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario.
You agree to use the Products at your own risk. The Products are provided on an "AS IS" and "WITH ALL FAULTS" basis. TANA IS NOT RESPONSIBLE FOR DOWNTIME WHEN THE PRODUCT IS NOT AVAILABLE. MAPTUIT, TANA AND THEIR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, EFFECTIVENESS, COMPLETENESS, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE.
NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY TANA OR ITS LICENSORS OR ANY OF ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND LICENSEE IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION.
If you are an agency, department, or other entity of the United States Government, or funded in whole or in part by the United States Government, then use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation, is restricted in accordance with FAR 12.212 and DFARS 227.7202, and by a license agreement. Contractor/manufacturer is Tele Atlas North America, Inc., 1605 Adams Drive, Menlo Park, CA 94025, (650) 328-3825. The Products are ©1984-2003 by Tele Atlas N.V. and Tele Atlas North America, Inc. ALL RIGHTS RESERVED. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the Products are a trade secret and a proprietary commercial product and not subject to disclosure.
If you are an agency, department, or other entity of any State government, the United States Government or any other public entity or funded in whole or in part by the United States Government, then you hereby agree to protect the Products from public disclosure and to consider the Products exempt from any statute, law, regulation, or code, including any Sunshine Act, Public Records Act, Freedom of Information Act, or equivalent, which permits public access and/or reproduction or use of the Products. In the event that such exemption is challenged under any such laws, this agreement shall be considered breached and any and all right to retain any copies or to use of the Products shall be terminated and considered immediately null and void. Any copies of the Products held by you shall immediately be destroyed. If any court of competent jurisdiction considers this clause void and unenforceable, in whole or in part, for any reason, this agreement shall be considered terminated and null and void, in its entirety, and any and all copies of the Products shall immediately be destroyed.