BizMile Tracker

A division of iiMap LLC, a California Limited Liability Company

Acceptable Use Policy   (ŌAUPĶ) and Terms of Service

 

 

Acceptable Use Policy
This AUP governs the use of iiMapÕs BizMile Tracker service ( BMT).  Violation of this AUP may result in suspension or termination of your service.  In the event of a dispute between you and iiMap regarding the interpretation of this AUP, iiMapÕs interpretation, in its reasonable commercial judgment, shall govern.  If you have any questions regarding this AUP, contact info@BizMile.com.

 

Legal Use

Security

Material Protected by Copyright

Copyright Information

Other

Disclaimer

 

Legal Use: One household per year

You must only use BMT for one household per tax year.  It is not transferrable.  If you need more users contact info@iimap.com for multi-user license.

 

You must not allow another person to use your account.

 

Security

You must take reasonable security precautions.  You must protect the confidentiality of your password, and you should change your password periodically.

 

Copyright Information

Copyright 2006 iiMap, LLC. ("iiMap"). All rights reserved.

 

The iiMap and BizMile Tracker name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of iiMap, LLC. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any iiMap or third party trademarks or logos without the prior written consent of iiMap or the applicable trademark owner.

 

 

Disclaimer

iiMap is under no duty, and does not by this AUP undertake a duty, to monitor or police our customersÕ activities and disclaims any responsibility for any misuse of the iiMap/ BMT service.

 

 

Inquiries regarding this policy should be directed info@iimap.com

 

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

 

 

 

 

 

 

 

 

Terms and Conditions

 

Acceptance

The following terms and conditions govern your use of the BMT service, maps, information, materials, documents and 3rd party materials and services being made available to you at this website (the "Service"). By using the Service, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this Website or the Service. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

 

Electronic Delivery Policy and Your Consent

By using the Service, you consent to receive from iiMap/BMT    all communications, including notices, agreements, legally required disclosures or other information in connection with the Service (collectively, "Notices") electronically. iiMap/BMT  shall provide such electronic Notices by posting them on this website. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Website and the Service.

 

Proprietary Rights

You acknowledge and agree that the Service are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. For example, iiMap/BMT  owns a copyright in the selection, organization, arrangement and enhancement of the Service, as well as in the Service original to itself. Third parties whose Service appear on this website own the copyright in the materials and Service original to them. The look and feel of this website, including color combinations, button shapes, and other graphical elements, are iiMap/BMT   trademarks.

 

License to and Limitations on Use of Maps, Cartographic Technology and Content Information

Provided you comply with these Terms of Use, iiMap/BMT   grants you a nonexclusive, non-transferable license to view and print the Service solely for your own personal non-commercial use. You may share a map with another individual for that individual's personal non-commercial use using the email option on the map webpage. You may not commercially exploit the Service or the underlying data, including without limitation, you may not create derivative works of the Service, use any data mining, robots, or similar data gathering and extraction tools on the Service, frame any portion of the Service, or reprint, copy, modify, translate, port, publish, sublicense, assign, transfer, sell, or otherwise distribute the Service without the prior written consent of iiMap. You shall not derive or attempt to derive the source code or structure of all or any portion of the Service by reverse engineering, disassembly, decompilation or any other means. You shall not use the Service to operate a service bureau or for any other use involving the processing of data of others. You shall use the Service and this website for legal purposes only and shall not use them in any manner that violates the laws of any jurisdiction. You do not receive any, and iiMap/BMT   and its licensors retain all, ownership rights in the Service. You may not alter or remove any copyright notice or proprietary legend contained in or on the Service. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or other intellectual property right of iiMap/BMT  or any third party, except for the right of use license expressly set forth herein.

 

Beta Conditions

As you have agreed to comply with these Terms of Use, iiMap/BMT give notice of the following Limitations on the use of the Beta version of the BMT Service. By agreeing to use the Beta version of the BMT service, you are further agreeing to the following limitations on use:

 

1.  BMT Servers may not be available between 12 to 2 Pacific time for daily maintenance however users will be notified by email.

2.  iiMap would ask for your feedback about BMT.

 

In turn, iiMap agrees to facilitate your free use of the service for one through April 15th, 2007. iiMap also agrees to provide a easy way to print or extract your data.

 

Paid Service

1.         Services.  Subject to the terms of this Agreement, iiMap  agrees to provide the BMT services described in the Order for the fees stated in the Order.

 

2.         Term. 

 

The initial service term of the Agreement shall begin on the date that iiMap generates an email message to Customer announcing the activation of the CustomerÕs account (the ŌService Commencement DateĶ) and shall continue for one year.  This Agreement shall automatically renew on January 1st of next tax year or Customer provides iiMap with written notice of non-renewal by December 1st of prior year.

3.         Payments.

Fees are payable in advance on the first day of the year.  Customer provides for credit/debit card billing, Customer authorizes iiMap  to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement.

 

Fees are payable in advance on the first day of each billing cycle.  CustomerÕs billing cycle shall a calendar month or twelve calendar months, as indicated on the Order

 

Payments must be made in United States dollars.

                       

Your License to iiMap

Should you provide iiMap/BMT  with information including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be nonconfidential and iiMap/BMT  assumes no obligation to protect such information from disclosure. The submission of such information to iiMap/BMT  shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by iiMap/BMT  for any purpose whatsoever and by such submission you (i) grant to iiMap/BMT  the irrevocable right to reproduce, use, disclose and distribute the information to others without restriction or compensation required, and (ii) warrant and represent that you own or otherwise control all of the rights to the information and that public posting and use of the information by iiMap/BMT  will not infringe or violate the rights of any third party.

 

Procedure For Making Claims Of Copyright Infringement

If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, you may notify iiMap. Click here for instructions.

 

No Warranties

THIS WEBSITE AND THE MATERIALS ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. MAPQUEST, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE WEBSITE AND MATERIALS ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE WEBSITE AND MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY MAPQUEST, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED AGENTS SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THIS WEBSITE AND THE MATERIALS IS SOLELY AT YOUR OWN RISK.

 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

 

Your use of the website and Service is at YOUR OWN RISK and iiMap/BMT   is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the website and Service.

 

Please note that the Service may include technical inaccuracies or typographical errors. iiMap/BMT   has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the website or Service, including, but not limited to, the software, content, hours of availability, equipment needed for access or use, or the availability of the website or Service on any particular device or communications service. iiMap/BMT  has no obligation to provide you with notice of any such changes.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MAPQUEST, ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "IIMAP/BMTGROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, OR PROFITS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE IIMAP/BMTGROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE IIMAP/BMTGROUP'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE IIMAP/BMT GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THIS WEBSITE.

 

Without limiting the foregoing, under no circumstances shall the iiMap/BMT  Group be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

 

Indemnification

Upon a request by iiMap, you agree to defend, indemnify, and hold harmless the iiMap/BMT  Group from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Service or this website. iiMap/BMT  reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with iiMap/BMT  in asserting any available defenses.

 

Disclaimer of Endorsement

Reference herein or on the website to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by iiMap. Product and service information are the sole responsibility of each individual vendor.

 

International Use

iiMap/BMT  makes no representation that the Service are appropriate or available for use in locations outside the United States, and accessing it from territories where the Service are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.

 

Choice Of Law And Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Service and this website shall be filed only in the state or federal courts located in California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

 

Severability And Integration

These Terms of Use constitute the entire agreement between you and iiMap/BMT   with respect to the Service and this website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Termination

iiMap/BMT   reserves the right, in its sole discretion, to terminate your access to the Service or to all or part of this website, with or without notice.

 

For further information, questions or problem reports regarding the Service or this website, contact info@BizMile.com.

 

3RD PARTY NOTICES AND LICENSES

MapQuest

For notices and licenses applying to MapQuest and their third party data used in the Service, please see MapQuest Terms and conditions  http://www.mapquest.com/features/main.adp?page=legal