Legal, Terms of Use, Privacy

  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:.

  1. Acceptance of Terms

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.

  2. Privacy Statement

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.

  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.

  4. No Solicitation

(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.

  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.

  6. Trademarks

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.

  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.

  8. No Liability

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.

  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.

  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.

  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.

  12. Computer Viruses

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.

  13. Conformance with Law

(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.

  14. Choice of Law

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.

  15. Submissions

(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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