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Legal Notice and Disclaimer |
MapFusion and its affiliated companies (“MapFusion”)
provide their services to you (“User”) through MapFusion.com
and through all other Internet domains owned by MapFusion. Access
to this Web site (the “Site”) as well as all other
affiliate Web sites is provided subject to the terms and conditions
(the “Terms”) as follows:.
Your access to and continued use of MapFusion's Site at
MapFusion.com constitutes your acceptance of and compliance with
the following provisions. If you have not already done so, please
take some time to familiarize yourself with these provisions.
If you do not agree to these terms and conditions, you should
immediately discontinue any use of the Site. Also note that these
terms and conditions may change from time to time and it is your
responsibility to check for such updates.
MapFusion is committed to protecting your privacy and has developed
a privacy policy. MapFusion makes every reasonable attempt to
safeguard User's privacy. Except where required by regulation,
court order, official authority or applicable law, MapFusion will
not make available individual User information or data to any
third party. User understands, agrees and acknowledges that individual
User Information or data collected will only be used by MapFusion
for internal purposes, including but not limited to, improving
MapFusion services or extending special offers to User. User understands,
agrees and acknowledges that User's administrative contact
information in relation to User's domain registration is
public information and MapFusion is not and can not be obligated
to safeguard such information and data from any third party.
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3 Reserved Rights and Grant of Limited License |
(1) Copyright 2006 by MapFusion. All rights reserved. MapFusion
either owns the intellectual property rights, including copyright,
or has acquired the necessary licenses, in the information, including
all text, HTML code, multimedia clips, images, graphics, icons,
Java code, the services and the selection and arrangement of the
contents of the Site (collectively the “Information”).
Portions of the Information have been licensed to MapFusion. As
a User of the Site, you are granted a limited license to display
or print short extracts of the Information for your own personal
non-commercial use only, provided the Information is not modified
and you shall be fully responsible for any consequences resulting
from such use. Any other use of the Information is prohibited.
None of the Information may be otherwise reproduced, republished
or re-disseminated in any manner or form without the prior written
consent of MapFusion.
(2) Any computer software downloadable or otherwise available
from the Site is licensed subject to the terms of the applicable
license agreement. The downloading of software or any other Information
is at your own risk. Any damage to your system, business loss,
consequential, direct or indirect damages, or damages in general,
which has occurred as a result of downloaded software or any other
Information from the Site is not the responsibility of MapFusion.
(3) The Information included on the Site has been compiled by
MapFusion from a variety of sources and MapFusion reserves the
right to change or remove any information from the Site, in whole
or in part, at its sole discretion, at any time, without notice.
(4) MapFusion will take appropriate legal action to enforce its
rights.
(1) No part of the Site should be taken to constitute an offer
or solicitation to buy or sell products or services. Some products
or services mentioned on the Site may only be available in certain
areas or jurisdictions.
(2) Any products or services mentioned on the Site are made available
in accordance with local law and only where they may be lawfully
offered for sale.
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5. No Endorsement: Linked Sites |
(1) The Site may contain links to other sites. These links are
provided as references to help you identify and locate other Internet
resources that may be of interest. These other sites were independently
developed by parties other than MapFusion, and MapFusion does
not assume responsibility for the accuracy or appropriateness
of the information contained at such sites. In providing links
to other sites, MapFusion is in no way acting as a publisher or
disseminator of the material contained on those other sites and
does not see 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 mean that MapFusion is affiliated or associate
with, or is legally authorized to use any trademark, trade name,
logo or copyrighted symbol that may be reflected in the link or
the description of the link to such other sites.
(2) The mention of another party or its product or service on
the Site should not be construed as an endorsement of that party
or its product or service.
Copyright © MapFusion and/or its licensors, 1999-2006,
all rights reserved. Certain words, phrases, names, designs or
logos used on the Site may constitute trademarks, service marks
or trade names of MapFusion or other entities. The display of
any such marks or names on the Site does not imply that a license
has been granted by MapFusion or other entities. Use of trademarks
and logos are strictly prohibited without obtaining the prior
permission for use from their rightful owners.
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7. Disclaimer: No Advice or Warranties |
(1) The Information made available at the Site is provided “AS
IS”, without warranties of any kind. Information provided
may be changed without notice. MapFusion expressly disclaims to
the fullest exytent permitted by law, all warranties, representations
and conditions regarding use of the Site or the Information provided,
including without limitation, all warranties of merchantability,
fitness for a particular purpose, non-infringement of proprietary
rights, whether express, implied or statutory, or arising from a
course of dealing, usage or trade practice. MapFusion makes no warranty,
representation or guaranty as to the content, sequence, accuracy,
timeliness or completeness of the Information or that the Information
may be relied upon for any reason. MapFusion makes no warranty,
representation or guaranty that the Information will be uninterrupted
or error free or that any defects can be corrected. For purposes
of this section, “MapFusion” shall include MapFusion
Corp., and its divisions, subsidiaries, successors, parent companies,
and their employees, partners, principals, agents and representatives,
and any third-party providers or sources of Information.
(2) MapFusion is not responsible for any content or Information
that you may find undesirable or objectionable.
MAPFUSION IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER DAMAGES
WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THE SITE OR IN RELIANCE ON THE INFORMATION AVAILABLE
ON THE SITE, OR ON ANY OTHER SITE YOU MAY ACCESS THROUGH THIS
SITE, INCLUDING FOR ANY LOSS OF USE, LOST DATA, LOST BUSINESS
PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY OTHER PECUNIARY
LOSS, WHETHER THE ACTION IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHER TORTIOUS ACTION, EVEN IF MAPFUSION IS EXPRESSLY ADVISED
OF OR OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. MAPFUSION
DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF
ANY PORTION OF THE SITE. FOR PURPOSES OF THIS SECTION, "MAPFUSION"
SHALL INCLUDE MapFusion, AND ITS DIVISIONS, SUBSIDIARIES,
SUCCESSORS, PARENT COMPANIES, AND THEIR EMPLOYEES, PARTNERS, PRINCIPALS,
AGENTS AND REPRESENTATIVES, AND ANY THIRD-PARTY PROVIDERS OR SOURCES
OF INFORMATION.
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9. Downloadable Software Distributed “As Is” |
(1) If User downloads software from this Site, the software, including
all files, images, contained in or generated by the software, and
accompanying data (together, the “Software”) are deemed
to be licensed to User by MapFusion. Neither title nor intellectual
property rights are transferred to you, but remain with MapFusion,
who owns full and complete title. You may not resell, decompile,
reverse engineer, disassemble or otherwise convert the Software
to a human-perceivable form.
(2) ALL DOWNLOADABLE SOFTWARE IS DISTRIBUTED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF PROPRIETARY
RIGHTS. YOU ACKNOWLEDGE THAT USE OF THE SOFTWARE IS AT YOUR SOLE
RISK.
(3) Some software from this Site may be subject to restrictions
and controls imposed under the export control laws and regulations
of Canada and the U.S.A., and any amendments thereof and may not
be exported, acquired, shipped, transferred or re-exported, directly
or indirectly, to:
(a) any country or region prohibited under such laws and regulations;
or
(b) any end user who has been prohibited from participating in
the U.S.A. or Canada export transactions by any federal agency
of the U.S. or Canadian government.
(4) You also acknowledge that the software may include technical
data subject to export and re-export restrictions imposed by U.S.
or Canadian law.
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10. Passwords and Termination |
(1) You are responsible for maintaining the confidentiality of
any password(s) you are given to access the Site, and are fully
responsible for all activities that occur under your password(s).
You agree to notify MapFusion immediately of any unauthorized
use of your password(s). MapFusion has taken reasonable steps
to prevent unauthorized access of personal information collected
on the Site.
(2) You agree that MapFusion may, in its sole discretion, at any
time terminate your access to the Site and any account(s) you
may have in connection with the Site. Access to the Site may be
monitored by MapFusion.
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11. Confidentiality Warning |
Absent the use of encryption, the Internet is not a secure medium
and privacy cannot be ensured. Internet e-mail is vulnerable to
interception and forging. MapFusion will not be responsible for
any damages you or any third party may suffer as a result of the
transmission of confidential information that you make to MapFusion
through the Internet, or that you expressly or implicitly authorize
the MapFusion to make, or for any errors or any changes made to
any transmitted information.
While every effort is made to ensure that all information provided
at the Site does not contain computer viruses, you should take
reasonable and appropriate precautions to scan for computer viruses
and should ensure that you have a complete and current backup
of the applicable items of information contained on your computer
system. You should pay specific attention to some of the newer
viruses that have been written to automatically execute when an
infected word processing document is loaded into certain word
processing programs.
(1) You agree that your use of the Site shall not violate any
applicable local, national or international law, including but
not limited to any regulations having the force of law. Some jurisdictions
may have restrictions on the use of the Internet by their residents.
(2) You agree not to impersonate another person in your use of
the Site or the sending of any e-mail to an address listed on
the Site.
The laws of the Province of Ontario and the laws of Canada applicable
therein shall govern as to the interpretation, validity and effect
of this agreement notwithstanding any conflict of laws provisions
or your domicile, residence or physical location. You consent
and submit to the non-exclusive jurisdiction of the courts of
the Province of Ontario in any action or proceeding instituted
under or related to this agreement.
(1) All information or data submitted to MapFusion via the Site
shall be deemed and remain the property of MapFusion and MapFusion
shall be free to use, any ideas, concepts, know-how or other techniques
contained in information provided to MapFusion through the Site
or sent through e-mail for the purposes of operating MapFusion and
future events.
(2) You agree that any information submitted for inclusion at the
Site does not infringe on the intellectual property or other rights
of any third parties and you grant MapFusion a right to provide
access to the information from the Site. You warrant that any software
submitted to MapFusion shall be free of computer viruses.
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