1. Acceptance of Terms of Service. This is an agreement between ENPLAN (“Company”), the owner and operator of mapport.com in combination with any service extension based on mapport.com (the “Site”), and you (“you” or “You”), a user of the Site. By using the Site, you acknowledge and agree to these Terms of Service. If you choose to not agree with any of these terms, you may not use the Site.
2. Changes to Terms of Service
2.1. Right to Change Terms. The Company reserves the right, in its sole discretion, to change these Terms of Service (“Updated Terms”) from time to time. You agree that the Company may notify you of the Updated Terms by simply posting them in a manner accessible on or from the Site by way of a hyperlink.
2.2. Acceptance of Updated Terms. Your use of the Site after the effective date of the Updated Terms constitutes your acceptance of the Updated Terms. It is your responsibility to review these Terms of Service, including any Updated Terms before using the Site.
2.3. Effective Date of Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
3. Use of Site
3.1. License. During the term of this agreement, the Company grants you a limited, non-exclusive, non-transferable license to access the Site for use in accordance with the Terms of Service.
3.2. Data Volume Download Limit. Downloads of records associated with features in the map, such as parcels, will be limited to 200 records per day and/or 1000 records per calendar month. ENPLAN may increase this limit on a case-by-case basis at its own discretion.
3.3. Intellectual Property Rights. The design, trademarks, service marks, and logos of the Site (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. The Company reserves all rights not expressly granted in and to the Site.
3.4. Proprietary Information. You acknowledge and agree that: (i) the Service including, without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information”), is owned by Company and its third party content providers as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of Company; (iii) the Proprietary Information is licensed, rather than sold, to you pursuant to this Agreement; and (iv) You have no rights in the Proprietary Information, other than the rights and licenses granted to you pursuant to this Agreement. Except as expressly authorized by Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software on which it is based, in whole or in part.
3.5. Confidentiality. You hereby acknowledge that Company may disclose to you, as part of or in conjunction with Proprietary Information, valuable confidential information of Company. You agree to hold all such confidential information in confidence and not to disclose such confidential information to anyone other than your employees or associates with a bona fide need to know, provided they are governed by a parallel confidentiality obligation of equal or greater force.
3.6. Competitive Services. You are prohibited from, and shall not, develop, market or sell any Competitive Service based on or derived in any way from Proprietary Information or from the benefits of know-how resulting from access to or work with Company’s confidential information. The term “benefits of know how” means information in non-tangible form which may be retained by persons who have had access to the Confidential Information, including ideas, concepts, know how or techniques contained therein.
3.7. Conduct. You may not engage in any of the following prohibited activities:
(a) Copying, distributing, or disclosing any part of the Site in any medium without limitation by any automated or non-automated “scraping”,
(b) Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site,
(c) Transmitting spam, chain letters, or other unsolicited email,
(d) Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site,
(e) Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Site infrastructure,
(f) Uploading invalid data, viruses, worms, or other software agents through the Site,
(g) Collecting or harvesting any personally identifiable information, including account names, from the Site,
(h) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
(i) Interfering with the proper working of the Site,
(j) Accessing any content on the Site through any technology or means other than those provided or authorized by the Site, or
(k) Bypassing measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
4. Your Account
4.1. Account Creation. You must complete the registration process by providing the Company with current, complete, and accurate information as prompted by the applicable registration form. At Company’s discretion, you will either be asked to choose a password and a user name, or your email address will serve as your user name and Company will assign a password to you.
4.2. Responsibility for Account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
4.3. Liability for Account Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
4.4. Use of Other Accounts. You may not use anyone else’s account at any time, without the permission of the account holder.
5. Account Security. The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
6. Paid Services
6.1. Fees. The Company reserves the right to charge fees at any time for access to the Site, including data therein, as it deems appropriate. However, in no event will you be charged for access to the Site unless we obtain your prior agreement to pay such charges. Any fees will be posted prominently on the Site and in other appropriate locations on the Site.
6.2. Rates. You will pay all fees and charges incurred through your account at the rates in effect for the billing period when they are incurred. You will be billed for and pay all monthly fees and charges on an automated, recurring basis. You shall pay all applicable taxes relating to use of the Site through your account.
6.3. Cancellation. You may cancel your account at any time. In order to cancel and not be charged for renewal, you must cancel before the renewal date. If you do not cancel, the map subscription will auto-renew and you will be billed accordingly. To cancel a map subscription, please contact client services at (530) 402-4783 or go to your account page and deselect the auto-renew option.
6.4. Refunds. Refunds are available on a case by case basis. Refunds will only be given if a defect is found in the MapPort system preventing the action you are attempting. To request a refund, please contact client services at (530) 402-4783 or wmsgroup@enplan.com
7. User Content
7.1. Content Ownership. You retain all ownership rights to content you have uploaded to Site or provided to Company for upload to Site in the case of a Custom map.
7.2. Content License. By submitting content to Site or Company for incorporation in the Site, including information about you, you grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
8. Links. The Site may contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
9. Third Party Content. Through the Site, you will have the ability to access and/or use content provided by third parties. The Company cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third-party content.
10. Privacy Policy
10.1. Consent to Use of Personal Information. By using our services or registering for an account with us, you are accepting the terms of this Privacy Policy, and consenting to our collection, use, disclosure, and retention of your personal information as described in this Policy.
10.2. Information We Collect. We may collect information that identifies you (“Personally Identifiable Information”) when you use our Site. The types of information that we collect may include any of the following:
(a) Your name, address, phone number, birth date, billing and delivery information, email address, credit card, or other financial account information,
(b) Other information that you provide to us but that does not identify you personally, such as records of your visits and information that you submit when using the Site,
(c) Information from third parties, and
(d) Traffic and usage information generated from your visits to the Site, including the type of device that you use to access it.
10.3. How We Collect Information. We may use one or more of the following technologies to collect Personally Identifiable Information and other information: cookies, flash cookies, general log information, and referral information from third-party websites. We may also use tracking technologies to collect information about your visits over time and across third-party websites or other online services.
10.4. How We Use Your Information. We may use the information that we collect for any of the following purposes:
(a) Provide, operate, maintain, improve, and promote the Site,
(b) Enable you to access and use the Site, including uploading, downloading, collaborating on, and sharing content,
(c) Process and complete transactions, and send you related information, including purchase confirmations and invoices,
(d) Send transactional messages to:
(1) Respond to your comments, questions, and requests,
(2) Provide customer service and support, and
(3) Provide technical notices, updates, security alerts, and other support messages,
(e) Send promotional communications, such as providing you with information about services, features, newsletters, offers, promotions, contests, events, and technical updates,
(f) Monitor and analyze trends, usage, and activities in connection with the Site and for marketing or advertising purposes,
(g) Investigate and prevent fraudulent transactions, unauthorized access to the Site, and other illegal activities,
(h) Personalize the Site content, features, or advertisements, or
(i) Enable you to share content with users you designate.
10.5. Payment Service Providers. We share your payment information with payment services providers to:
(a) Process payments,
(b) Prevent, detect, and investigate fraud or other prohibited activities,
(c) Facilitate dispute resolution such as chargebacks or refunds, and
(d) Facilitate acceptance of credit or debit cards.
10.6. Accuracy of Information. You can help ensure that your contact information and preferences are accurate, complete, and up-to-date by logging in to your account and making changes directly.
10.7. Request for Access. Please contact us if you:
(a) Are concerned about the accuracy of any Personally Identifiable Information,
(b) Wish to review, access, amend, or correct any of your information, or
(c) Would like any of it removed from our records or otherwise deactivated.
10.8. Changes to Privacy Policy. Although most changes are likely to be minor, we may change our Privacy Policy on one or more occasions. We encourage visitors to frequently check this page for any changes. Your continued use of the Site after any change will constitute your acceptance of this Privacy Policy with those changes.
10.9. Links to Other Websites. The Site contains links to other sites, which may be operated by companies not affiliated with us. Linked websites may have their own privacy policies or notices, which we strongly suggest you review if you visit them. We are not responsible for either the content of any websites that are not affiliated with us or the privacy practices of those websites.
11. Copyright Policy. The Company respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:
11.1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf,
11.2. Identification of the copyrighted work claimed to have been infringed,
11.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material,
11.4. Your contact information, including your address, telephone number, and an email address,
11.5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
11.6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
12. Trademarks. The Company name and logo are trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, and trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without prior written permission from the Company.
13. Termination
13.1. Termination upon Notice. Either party may terminate this agreement at any time by notifying the other party.
13.2. Termination by the Company. The Company may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of this agreement. In particular, the Company may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement.
13.3. Effect of Termination. Upon termination of your access to or ability to use the Site, your right to use or access the Site will immediately cease.
13.4. Survival of Provisions. This agreement’s provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.
14. Disclaimers. The Site is provided “as is,” without any warranties of any kind. To the fullest extent permissible under applicable law, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
15. Limitation of Liability. Your use of the Site is at your sole risk. To the fullest extent permitted by applicable law in no event shall the Company be liable for:
15.1. Any direct, special, indirect or consequential damages, or
15.2. Any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.
16. Indemnification. You agree to defend, indemnify and hold harmless the Company, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Site. The Company may assume the exclusive defense and control of any matter for which users have agreed to indemnify the Company and you agree to assist and cooperate with the Company in the defense or settlement of any such matters.
17. Arbitration
17.1. Claim Procedure. For any dispute you have with the Company, you agree to first contact the Company and attempt to resolve the dispute informally. If the Company has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
17.2. Arbitration Location. Unless you and the Company agree otherwise, the arbitration will be conducted in the county where you reside.
17.3. Arbitration Fees. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that the Company will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
17.4. Arbitration Award. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
17.5. Injunctive Relief. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
17.6. Class Actions. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one party’s claims.
17.7. Waiver of Jury Trial. You agree that, by entering into these terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action.
18. Governing Law. This agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules.
19. Feedback. We welcome any comments or questions at wmsgroup@enplan.com.