InfraNav™ – Terms and Conditions of Use – Beta
The purpose of this service, InfraNav™ (the “Service”), owned and operated by HIP Consult Inc. (“HIP Consult”), a Delaware corporation, is to provide access to a web-based mapping and analytics product and service that aggregates, visualizes, and contextualizes infrastructure data and associated metadata via the HIP Consult website, www.infrahub.hipconsult.com (“Website”). By using the Service, you acknowledge that you have read, understood, and agree to be bound by the following terms of service and any future modifications to this agreement (collectively, the “Terms and Conditions”). If at any time you do not agree to all these Terms and Conditions, please immediately terminate your use of the Service. You, on your own behalf and on behalf of your company, acknowledge that these Terms and Conditions are binding and enforceable on you and your company (collectively, “You”).
Using the InfraNav™ Service
You must have an account (the ”Account”) to use the Service. By registering, you also agree to receive emails from HIP Consult on the releases of updates concerning the Service. If you give your permission, you may also receive targeted marketing and/or advertising messages from HIP Consult.
You warrant that any data you submit for the purposes of registration for the Account is not misleading, and is true and accurate. You agree to notify us of any changes to the information you provide.
You may unsubscribe from the update emails and/or from receiving targeted marketing and/or advertising messages by clicking on the “unsubscribe” hyperlink found on the bottom of each email and following the procedure indicated, and HIP Consult shall remove your email address from our update database and/or targeted marketing and/or advertising databases within 48 hours.
You may close your Account, which provides access to the Service by sending an e-mail to firstname.lastname@example.org, and we will close your Account within 5 days upon receipt of such e-mail from you.
Your Account grants you permission to use Service, for both commercial and non-commercial purposes. You must adhere to all policies posted within the Service and all accompanying documentation. All such policies are hereby incorporated by reference into these Terms and Conditions.
Proxying or redistributing maps served from the Service is prohibited. Maps may be cached on consumer devices (laptops, smartphones, tablets) for offline use, however, each device must populate its cache using direct requests to the Service and content from a cache may only be consumed by a single end-user. Further redistribution from a cache is prohibited. Scraping or any mass download by a single user for purposes other than offline caching is prohibited.
As a condition of your use of the Service, you warrant to HIP Consult that you will not use the Service for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
You are solely responsible for any and all acts and omissions that occur under your Account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service Website to: (i) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (ii) disseminate, store, or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (iii) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (iv) export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions; (v) interfere, disrupt, or attempt to gain unauthorized access to other accounts or any other computer network; (vi) disseminate, store, or transmit viruses, Trojan horses, or any other malicious code or program; or (vii) engage in any other activity deemed by HIP Consult to be in conflict with the spirit or intent of these Terms and Conditions.
You agree to indemnify and hold harmless HIP Consult and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to your use of the Service, your violation of these Terms and Conditions, or your violation of any rights of another.
The Service allows you to access and view a variety of content, including but not limited to photographic imagery, map and terrain data, text, graphics, logos, trademarks, icons, images, sound clips, video clips, data compilations, graphs, data tables, page layout, underlying code and software and other related information provided by HIP Consult and its licensors (“Content”). You understand and agree to the following with respect to all Content made available by or through the Service:
- You understand that all Content displayed or performed on the Website and/ or the Service is the property of HIP Consult and/or its other third party licensors and is protected by United States and international copyright laws.
- You may find that events may cause the actual information to differ from the map results.
- You should exercise judgment in your use of all Content made available by or through the Service.
Certain Content is proprietary to HIP Consult such as static data, periodically updated data and data gathered, collated and maintained through live feeds from third parties. HIP Consult Content may either be open content, which is subject to the ODC Open Database License and can be download in bulk, shared, redistributed, copied, and cached as long as attribution is given to HIP Consult (“HIP Consult Open Content”), or closed content, in which case you are required to obtain the permission set out in this clause (“HIP Consult Closed Content”). HIP Consult will clearly indicate in the Service to you which data is to be considered HIP Consult Open Content and which is considered HIP Consult Closed Content.
Certain Content is provided under license from third parties (“Non- InfraNav Content”) such as static data, periodically updated data and data gathered, collated and maintained through live feeds from third parties, including our clients, and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. HIP Consult does not control and cannot guarantee the relevance, timeliness, or accuracy of Non- InfraNav Content. You may be held liable for any unauthorized copying or disclosure of Non- InfraNav Content. You understand that when using the Service you will be exposed to Non- InfraNav Content from a variety of sources, and that you may be exposed to Non- InfraNav Content that is inaccurate, offensive, indecent, or otherwise objectionable. HIP Consult does not endorse any Non- InfraNav Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will HIP Consult be liable in any way for or in connection with the Non- InfraNav Content, including, but not limited to, for any inaccuracies, errors, or omissions in any Non- InfraNav Content, any intellectual property infringement with regard to any Non- InfraNav Content, or for any loss or damage of any kind incurred as a result of the use of any Non- InfraNav Content posted, emailed, or otherwise displayed or transmitted through the Website.
This Non- InfraNav Content, unless expressly stated to be so, is not covered by any permission granted by this clause of these Terms and Conditions to use Content from the Website. Any Non- InfraNav Content will be accompanied by a notice providing the location of the data source where required. You are bound by any separate and additional use policy that may be relevant to a particular data source.
This Website contains links to other sites. Unless expressly stated, these sites are not under the control of HIP Consult or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
HIP Consult reserves all rights not expressly granted to you. The use of the Service, including its Content, is licensed only to you, subject to third party permissions where relevant, and may not be transferred to anyone without the prior written consent of HIP Consult. Any authorized transferee shall agree in writing to be bound by the terms and conditions of these Terms and Conditions. In no event may you copy, loan, rent, time-share, sublicense, assign, transfer, lease, sell, or otherwise dispose of the Service’s Content on a temporary or permanent basis except as expressly provided herein. These Terms and Conditions shall benefit HIP Consult and its successors and assigns. You may not, or permit any third party to, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code from the Service’s software and/or Content. All logos and product names appearing on or in connection with the Service are proprietary to HIP Consult or its licensors and/or suppliers. You agree to provide attribution when required, as outlined in HIP Consult documentation or as requested by HIP Consult. You agree never to remove any proprietary notices, attribution or product identification labels from the Service’s software, maps, and other content, if applicable. The limited license granted above terminates automatically, without notice to you, if you breach any of these Terms and Conditions. Upon termination of the limited license, you agree to immediately destroy any downloaded or printed materials from the Service, including software, maps, and other content.
About These Terms and Conditions
HIP Consult reserves the right, at its sole discretion, to modify, add, or delete portions of or otherwise change these Terms and Conditions at any time without notice to you by posting the changed Terms and Conditions on the Website. All changes shall be effective immediately upon posting. Please check these Terms and Conditions periodically for changes. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. These Terms and Conditions were last updated on 7 January 2015.
If any term in these Terms and Conditions is not enforceable for any reason, other terms will not be affected.
Headings are for convenience only and have no legal or contractual effect.
- “As Is,“As Available” and “With All Faults.” YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE AND THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ITS SOFTWARE, SERVICES, MAPS AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND THE SEERVICE, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HIP CONSULT DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HIP CONSULT OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- Website Operation and Content. HIP CONSULT DOES NOT WARRANT THAT THE WEBSITE AND/OR SERVICE, INCLUDING ANY SOFTWARE, SERVICES, MAPS, OR CONTENT OFFERED ON OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITES REFERRED TO ON OR BY THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
- Accuracy. HIP CONSULT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE AND/ OR SERVICE OR ANY THIRD PARTY WEBSITES REFERRED TO ON OR BY THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
- Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE WEBSITE AND THE SERVICE OR ANY THIRD PARTY WEBSITES REFERRED TO ON OR BY THE WEBSITE AND SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.
- Jurisdiction. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Limitation of Liability and Damages
- Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HIP CONSULT OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE WEBSITE AND/OR SERVICE, INCLUDING SOFTWARE, MAPS, CONTENT, OR ANY THIRD PARTY WEBSITES REFERRED TO ON OR BY THE WEBSITE AND/OR THE SERVICE, EVEN IF HIP CONSULT OR A HIP CONSULT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of Damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF HIP CONSULT OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID IN THE PRECEDING TWELVE (12) MONTHS.
- Reference Websites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY WEBSITES REFERRED TO ON OR BY THE WEBSITE AND/OR THE SERVICE OR OTHERWISE BY THIRD PARTIES OTHER THAN HIP CONSULT AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE WEBSITE AND/OR THE SERVICE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY WEBSITES.
- Claim Period. YOU AND HIP CONSULT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS AND CONDITIONS OR RELATED TO HIP CONSULT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms and Conditions shall be governed by and construed in accordance with the laws of District of Colombia, without giving effect to any principles of conflicts of law. You agree that any action at law or inequity arising out of or relating to these Terms and Conditions or HIP Consult shall be filed only in the District of Colombia or federal courts in and for Washington, DC and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts for the purposes of litigating any such action. All notices / communications shall be sent to HIP Consult by email to email@example.com. Such notice will be deemed received on the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
A provision of these Terms and Conditions may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of HIP Consult to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HIP Consult as a result of these Terms and Conditions or use of HIP Consult. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and HIP Consult other than pursuant to these Terms and Conditions.