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Terms and Conditions of Use
(January 01 2008)
BY ACCESSING, BROWSING OR USING THIS WEBSITE, ANY OF ITS SOFTWARE, CONTENT OR INFORMATION OR BY PURCHASING ANY PRODUCT(S)
IN ANY METHOD INCLUDING, BUT NOT LIMITED TO, USE OF THIS WEBSITE, BY MAIL, BY PHONE, BY FAX OR BY EMAIL, YOU ACKNOWLEDGE THAT YOU
HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO ALL OF THE
FOLLOWING TERMS AND CONDITONS OF USE, DO NOT USE THIS WEBSITE AND DO NOT PURCHASE OUR PRODUCTS.
1. This Website and all Products for sale are a service made available by MapSport, Ltd. Co., a Texas Limited
Liability Company using the trademarked site name MapSport (collectively "Hosts and/or Company") for use by the users of this
Website and/or the customers of MapSport ("Users and/or Customers"). Everthing including, but not limited to, all products, software, documentation,
information, representation, consulting, custom maps provided in any method including but not limited to by using this Website,
by mail, phone, fax or email ("Contents and/or Products") may be used only following your agreement to the
following terms and conditions ("Terms of Use") and any applicable licenses.
2. This Website may contain other proprietary notices, licenses and copyright information, the Terms of Use
which must be observed and followed by you. In the event of any conflict between the license(s) applicable
to Contents and/or Products on this Website and the Terms of Use, the applicable license(s) prevail.
3. The Hosts assume no responsibility regarding the accuracy or suitability of the Contents and/or Products.
Any Contents and/or Products downloaded or obtained from this Website is done at your own risk. It is up to
you to take precautions to ensure that whatever you select for your use does not contain items such as viruses,
worms or other items of a destructive nature. The Hosts provide no assurances that any problems with the
Contents and/or Products will be resolved. Except as otherwise expressly stated, by providing the Contents and/or
Products, the Hosts do not grant any licenses to any copyrights, patents or any other intellectual property rights.
4. The hosts may receive confidential information from you through this Website to create an account and
to process an order that you initiate. Please read this sites privacy policy, it applies specifically to
creating an account and processing an order. ALL OTHER INFORMATION OR MATERIAL SENT TO THIS WEBSITE WILL BE DEEMED
NOT TO BE CONFIDENTIAL. You acknowledge that you are responsible for the Content that you submit, and you, not
the Hosts, have full responsibility for that Content, including its legality, reliability, appropriateness,
originality,ownership, accuracy, patent and copyright.
5. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other
material that could give rise to any civil or criminal liability under the law.
6. The Hosts make no representations whatsoever about any other website that you may access
through this Website or through a link from this Website. When you access another website, even one that
may contain this Website’s name or mark, please understand that it is independent, and that the Hosts have
no control over the content on other websites and that such link does not mean that the Hosts endorse or
accept any responsibility for the content on, or the use of, such website.
7a. IN NO EVENT WILL THE HOSTS BE LIABLE TO YOU OR TO ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO ANY USE OF THIS WEBSITE ITS "CONTENTS
AND/OR PRODUCTS" INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION OR INFORMATION PROVIDED ON THIS WEBSITE, BY MAIL, EMAIL, FAX, WRITTEN
WORD OR VERBALLY THAT IS ASSOCIATED WITH ANY ITEM PURCHASED OR ADVERTISED ON THIS WEBSITE, OR ON
ANY OTHER HYPER-LINKED WEBSITE. THIS INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SALES, LOST REVENUE,
LOSS OF GOODWILL, BUSINESS INTERRUPTION, INJURY, DEATH, HARDSHIP, LOSS OF PROGRAMS OR OTHER DATA EVEN IF THE
HOSTS ARE EXPRESSLY ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DANGER, INJURY, DAMAGES OR LOSSES. BE ADVISED THAT THE
LANGUAGE IN THIS "TERMS OF USE" SPECIFICALLY INCLUDES BUT IS NOT LIMITED TO ALL GEOGRAPHIC AND ELEVATION
INFORMATION THAT IS AVAILABLE FROM ALL MAPS OR ELECTRONIC DEVICES SOLD BY MAPSPORT, LTD. CO.
7b. ALTHOUGH DATA ON MAPSPORT HAS BEEN PROCESSED CAREFULLY, NO WARRANTY EXPRESSED OR IMPLIED IS MADE REGARDING
THE ACCURACY OR UTILITY OF THE DATA OR THE MAPS. THIS DISCLAIMER APPLIES BOTH TO INDIVIDUAL USE OF THE DATA
AND AGGREGATE USE WITH OTHER DATE. IT IS STRONGLY RECOMMENDED THAT CAREFUL ATTENTION BE PAID TO DATES DISPLAYED
ON ALL MAPS AND TO UTILIZE ALL INFORMATION IN CONJUNCTION WITH ALL OTHER SOURCES OF INFORMATION AND NOT RELY
ONLY ON TOPOGRAPHIC MAP DATA.
8. ALL Contents and/or Products INCLUDING ALL MERCHANDISE IS PROVIDED BY THE HOSTS ON AN "AS IS" BASIS ONLY. YOU
ASSUME ALL RISK OF LOSS FOR THE USE THEREOF. THE HOSTS PROVIDE NO
REPRESENTATIONS, CONDITIONS AND/OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. MAPSPORT DOES HAVE A SATISFACTION GUARANTEE FOR
ITEMS PURCHASED THAT IS LIMITED TO A REFUND OF THE PURCHASE PRICE OR A REPLACEMENT ITEM, BUT DOES NOT WAIVE
OR SUPERCEDE ANY RIGHTS ESTABLISHED BY THIS TERMS OF USE STATEMENT IN ITS ENTIRETY. MAPSPORT SPECIFICALLY
STATES THAT INFORMATION OBTAINED FROM TOPOGRAPHIC MAPS AND GPS TOPOGRAPHIC DATA MAY NOT BE ACCURATE. THE
USER IS TOTALLY RESPONSIBLE FOR VERIFYING THE ACCURACY OF THE DATA AND AGREES TO HOLD MAPSPORT HARMLESS AND
NOT LIABLE FOR ANY INACCURACIES FOUND AT ANY TIME. IN ADDITION THE USER AGREES TO FULLY AND COMPLETELY INDEMNIFY
MAPSPORT AND ITS OWNER FROM ANY AND ALL COST OF LITIGATION RESULTING FROM THE USE OF ANY PRODUCT SOLD OR
DISTRIBUTED BY MAPSPORT AND TO FULLY BEAR THE COST OF ANY SUCH PROCEEDING AND OF ANY MONETARY OR OTHER AWARD
RESULTING FROM SUCH PROCEEDING.
9. The Hosts reserve the right to investigate complaints or reported violations of these Terms of
Use, and/or applicable licenses and copyright information on the Websites and to take any action they deem
appropriate including, without limitation, reporting and providing information of any suspected unlawful
activity to law enforcement officials, regulators, or other third parties, including disclosing any information
necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage
history, posted materials, IP addresses and traffic information.
10. The Hosts reserve the right to seek all remedies available at law and in equity for violations
of these Terms of Use, including, but not limited to, the right to block access from a particular Internet
address to this Website.
11. The Contents and/or Products provided on this Website are provided under the terms and conditions of
the applicable license(s) on the Website. Any Contents and/or Products provided by you is made available to the
Hosts under the terms of the license(s) applicable to contributing such Contents and/or Products to the Website.
For all Contents and/or Products, including, without limitation, patent and intellectual property rights in such
Contents and/or Products, ideas, concepts, know-how and techniques, uploaded, submitted or otherwise made available
by you on the Website or to the Users and/or Customers and/or the Hosts (collectively "Material"), you grant
(or warrant that the owner of such rights has expressly granted) the Hosts a worldwide, unrestricted, royalty-free,
fully paid up, irrevocable, perpetual, non-exclusive license to use, make, reproduce, import, compile, prepare
derivative works of, publicly display, publicly perform, transmit, sell, distribute, sublicense, demonstrate,
market, disclose, have made, offer for sale, lease, transfer or otherwise exploit such Materials, and/or derivative
works thereof, and authorize third parties to do any, some or all of the foregoing including, but not limited to,
sublicensing others to do any, some or all of the foregoing indefinitely.
12. You acknowledge that the Hosts: (i) do not pre-screen Contents and/or Products; (ii) have discretion
to determine whether to post or not post or to sell or not sell Contents and/or Products; and (iii) can delete or
remove Contents and/or Products at any time for any reason. The Contents and/or Products on this Website may contain
technical inaccuracies or typographical errors. The Contents and/or Products may be changed or updated without notice.
The Hosts may also make improvements and/or changes to the Contents and/or Products at any time without notice.
13. You agree to be responsible for providing accurate and complete information about yourself during
registration and to updating such information to keep it current. The Hosts may, in their sole discretion,
terminate the accounts or access rights of Users and/or Customers who may have provided inaccurate or incomplete
information during registration.
14. The Hosts are committed to respecting others’ intellectual property rights, and we ask our Users and/or
Customers to do the same. The Hosts may, in their sole discretion, terminate the accounts or access rights of Users
and/or Customers who may be infringing or otherwise be violating others’ intellectual property rights. If you believe
that your work has been copied in a way that constitutes infringement on this Website, please contact the MapSport web
master webmaster@mapsport.com.
15. Texas law and controlling U.S. Federal law govern any action relating to these Terms of Use
without regard to any jurisdiction’s choice law rules. You agree to submit all such disputes to the personal
and exclusive jurisdiction of the state and federal courts located within the county of Montgomery, Texas
USA.
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