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