Website Terms of Use

InfraNav Terms and Conditions of Use of Website

 

This website (“Website”) is operated by HIP Consult Inc. (“HIP Consult”), whose registered address is 15 Loockerman Street, Dover, Delaware. HIP Consult is registered in the State of Delaware. Access is provided only in accordance with the following terms and conditions (the “T&Cs”).  This Website and all content and services provided via this Website are to be used only for your personal, non-commercial use, and you may only use this Website and any content and services provided via this Website for lawful purposes.  All content and services provided via this Website are provided “as is” and without warranties of any kind, either express or implied.  Further, any reliance on this Website or the content or services provided via this Website is at your own risk.

Please read the T&Cs carefully to understand the terms and conditions governing your use of the Website and the content and services provided via this Website. Your continued use of this Website and the content and services provided via this Website constitutes an agreement to these T&Cs.  Please note that these T&Cs may change from time to time.  Please check the T&Cs each time you visit this Website for the most current version.

If you do not agree to abide by the T&Cs, immediately discontinue your access to and use of this Website and do not return. In addition, if you are a person younger than 18 years of age, you must immediately discontinue your access to and use of this Website and do not return to this Website until you are 18 years of age.  Any breach of these T&Cs immediately terminates your right to access and use this Website and all rights and licenses granted to you by these T&Cs.

These T&Cs concern only this Website, and do not concern any other website, including websites to which this Website may link that may be owned or operated by third parties.  When you access such hyperlinks on this Website you may leave the Website.  Except as otherwise indicated, HIP Consult does not sponsor, endorse or approve the contents of any such sites and accepts no responsibility for information provided on any such sites by independent providers.

In the future, we may change these T&Cs; we will post changes on this URL and note the effective date so that you are always aware of the current T&Cs that apply to your visit to this Website.  These T&Cs were last updated on January 7, 2015.

InfraNav Service

The InfraNav Service provide access to a web-based mapping and analytics product and service that aggregates, visualizes, and contextualizes infrastructure data and associated metadata via the Website. In order to access this service, you must contact HIP Consult via email. Please clink here to view the Terms and Conditions of use of the InfraNav Service (beta).

Intellectual Property

The content provided on this Website (both publicly available and that available only through access to the InfraNav Service) and via any emails sent by HIP Consult and its licensors or suppliers (collectively, the “Content”) is and remains at all times the property of HIP Consult or such licensors or suppliers, with all rights other than those provided herein reserved.  You acknowledge that HIP Consult and, where applicable, its third party suppliers, retain all right, title and interest in and to the Content.  Use of the Website or InfraNav Service does not confer any ownership rights in or to the Content. No Content may be modified, copied, distributed, framed, linked to, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without HIP Consult’s prior written permission in each instance.

Provided that you are eligible to access and use the Website, you are granted a limited license to access and use the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademark and other proprietary notices intact.  You may not upload or republish Content on any internet, intranet or extranet website or incorporate the information contained within the Content in any other database or compilation, and any other use of the Content is strictly prohibited. Such license is subject to these T&Cs and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.

Any use of the Content other than as specifically authorized herein, without the prior written permission of HIP Consult, is strictly prohibited and shall immediately terminate your right to access and use this Website and the Infrabub Service and all rights and licenses granted to you by these T&Cs.  Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.

Disclaimers

All or a portion of this Website may be temporarily unavailable from time to time for maintenance or other reasons. HIP Consult assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications or Content.  HIP Consult is also not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the internet and/or in connection with the Website and/or a registered Account.  Under no circumstances will HIP Consult be responsible for any loss or damage or personal injury or death, resulting from anyone’s use of the Website and/or a registered Account.

THE INFORMATION ON THE WEBSITE IS PROVIDED TO YOU ON THE BASIS THAT IT IS INTENDED SOLELY FOR YOUR INTERNAL USE.  THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HIP CONSULT AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

HIP CONSULT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY SERVICES OR CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER ON WHICH IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  IN ADDITION, HIP CONSULT MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE.

Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Limitation of Liability

USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF, OR ACCESS TO CONTENT, FILES, INFORMATION, OR OTHER MATERIALS ON OR THROUGH THE WEBSITE.

NEITHER HIP CONSULT NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF (1) INFORMATION OR CONTENT EXPRESSLY OR IMPLIEDLY PUBLISHED ON THE WEBSITE, OR (2) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, OR (3) INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, IN EACH CASE NOTWITHSTANDING ANY NEGLIGENCE, DEFAULT OR LACK OF CARE BY HIP CONSULT OR ITS SUPPLIERS, OR THAT SUCH LOSS OR DAMAGE WAS FORESEEABLE.

NEITHER HIP CONSULT NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE AND/OR ANY LINKED WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR CONTENT OR ANY LINKED WEBSITE OR SERVICES PROVIDED VIA THIS WEBSITE IS TO STOP USING THIS WEBSITE, THE CONTENT, LINKED WEBSITES, OR SERVICES, AS APPLICABLE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify and hold HIP Consult, its affiliates, its licensors, its suppliers, and each of their directors, officers, agents, contractors, partners, employees, licensors, and suppliers harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Website, your conduct in connection with the Website, or any violation of these T&Cs or of any law or the rights of any third party.

Termination

Either HIP Consult or you may terminate your access and use of any part of the Website and/or access and use of InfraNav Service for any reason and at any time without prior notice. HIP Consult reserves the right to cease operating the Website and/or issuing content for the InfraNav Service at any time without notice. Upon termination, any rights and licenses granted to you hereunder shall immediately terminate and you agree to no longer access, or attempt to access, the Website and the InfraNav Service. Any access and use of the Website, and/or the InfraNav Service by you following termination shall be deemed to be subject to these T&Cs.  Termination will be without prejudice to any rights accrued or obligations incurred by either party to the other.

General

HIP Consult may assign or transfer its rights under these T&Cs to a third party at any time. In such circumstances, the third party shall assume all of HIP Consult’s obligations and HIP Consult shall be relieved of any and all liability under these T&Cs. If any provision of these T&Cs is held to be invalid or unenforceable in whole or in part, the validity of the other provisions of these T&Cs shall not be affected. No third parties shall have any rights under these T&Cs.

Governing Law

The user’s access to and use of the Website and his/ her Account and the terms of these T&Cs are governed by the laws of the District of Colombia. The courts of the District of Colombia shall have exclusive jurisdiction to hear and determine any suit, action or proceedings that may arise out of or in connection with these T&Cs.

Miscellaneous

If any provision of these T&Cs is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these T&Cs and shall not affect the validity and enforceability of any remaining provisions.

These T&Cs and the InfraNav Terms and Conditions represent the entire agreement between us relating to your right to access and use this Website and the InfraNav Service, and supersede any and all prior or written or oral agreements between us with respect to such subject matter.

No waiver by HIP Consult of any breach or default by you under these T&Cs shall be deemed to be a waiver of any preceding or subsequent breach or default.

No provision of these T&Cs provides any person or entity not a party to these T&Cs with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third party beneficiary rights.