Maptuit Corporation's Terms of Use
Revised: June 1, 2008

If you do not agree to be bound by the terms and conditions below, then you may not utilize the Information and must immediately terminate your access to the Site and use of the Service and Information derived there from. Your access to and use of the Service and Information are subject to the following terms and conditions, which may be updated by us from time to time without notice to you. It is your responsibility to check for such updates. You can review the most current of our Terms of Use at any time at www.maptuit.com. If the first time you attempt to access the Service you decide not to accept these terms and conditions, please immediately send written notice of your decision to the company from which you ordered the Service and request instructions on how to obtain a refund of any fees you prepaid for the unused Service.

Maptuit Corporation ("Maptuit"®) provides a mapping and routing information service (the "Service") from www.maptuit.com and associated URLs (the "Site") and which may also be accessed through its Clients’ and authorized Resellers’ websites and/or systems. Your access to the Site or use of the Service and Information constitutes your acceptance of, and is conditional upon your continued acceptance of and agreement and compliance with, the following provisions:

Les parties ont exigé que la présente convention ainsi que tous documents s'y rattachant soient rédigés dans la langue anglaise. The foregoing translated into English means that "The parties have requested that this Agreement and the documents relating thereto be drawn up in the English language."

Reserved Rights and Grant of Limited License

Copyright © 2006-2008 Maptuit Corporation. All rights reserved. All text, images, information, graphics, programs, data, animation, sounds and other materials on the Site or made available through the Service, including maps, routes and information about attractions and business establishments (collectively, the “Information”) and any software that is embodied in, or provided or used by Maptuit in connection with, the Services are subject to the intellectual property rights, including copyright, of Maptuit and its licensor. Maptuit also owns the copyrights in the selection, organization and arrangement of the Information on the Site.

Upon payment of the applicable Service fee, Users of the Service are granted a limited, non-exclusive, non-transferable licenses to access and immediately use the Service and Information for their own and sole personal purposes (and expressly excluding any commercial exploitation or use). Any other use of the Service and Information, including but not limited to service bureau, time-sharing or similar purposes, is prohibited. Except for personal viewing on the screen of a computer or other device used to access the Service and Information and the printing of a single copy from such computer or device (and provided the Information is not modified and any notices are not removed), you may not modify, copy, translate, merge with other products or services, or otherwise distribute, reproduce, store, scrape, transfer, sublicense, assign, lease, trade, resell, or exploit for any commercial purpose, market, republish, reverse, engineer, decompile, disassemble, or attempt to obtain the source code for, or any other information from or about, or create derivative works based on, the Service or Information, or any software or data provided or used by Maptuit in connection therewith, or use the Service or Information, or any such software or data, on other sites or for any other purpose, in any manner or form, without the prior or written consent of Maptuit. For further certainty, maps, routes and/or other information provided by the Service may not be made available to other persons, posted on a web site or reproduced in any publication.

While Maptuit encourages and appreciates links to its home page, direct links to other pages on the Site (including maps) are prohibited. Links to the Site which are encoded to generate a specific map are prohibited. Framing of any Information is also not permitted. Maptuit's Clients pay Maptuit a fee in order for their users to obtain access to the Service and Information. The use of any tools, programs, robotic algorithms or products to download the Maptuit technology or any of the pages of the Site is expressly prohibited and infringes on Maptuit’s and its Licensors’ intellectual property rights. Any unauthorized attempts to access or use the Service or Information constitutes theft and is strictly prohibited.

Trademarks

Maptuit is a registered trademark of Maptuit Corporation and the words/phrases "The Best Way to Find Your Way"™, "Transportation Solutions that Drive Your Bottom Line"™, "The Roads Best Traveled"™, "FleetNav"™, "FleetNav Express"™, "FleetDispatch"™, "MapServ"™, "TrackServ"™, "RouteGuide"™, "ExitGuide"™, "RealTraffic"™, "MyCommute"™, "NaviGo"™, and "Alerts"™ are trademarks of Maptuit Corporation. Certain other words, phrases, names, designs, or logos used on the Site may constitute trademarks, service marks or trade names of Maptuit or other entities. All other marks are the property of their respective owners. The unauthorized use of any trademarks displayed on the Site is strictly prohibited.

Conformance with Law

Any products or services mentioned on the Site are made available in accordance with local law and only where they may be lawfully offered.

No Endorsement

The mention of another entity or its product or service on the Site or any Information should not be construed as an endorsement, sponsorship or recommendation of that entity or its product or service. The Site may contain links to other sites. These links are provided as references to help users identify and locate other resources that may be of interest. These other sites are independently maintained by entities other than Maptuit and Maptuit does not assume responsibility for Information contained at such sites. In providing links to other sites, Maptuit is in no way acting as a publisher of the material contained on those other sites and does not seek 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 imply that Maptuit is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.

No Advice or Warranties

Information provided on the Site is believed to be reliable when posted or made available. However, the highway and road systems are constantly changing and the Information and the systems generating the Information are complex and may contain some nonconformities, defects or errors. Consequently, Maptuit does not guarantee the reliability, accuracy, quality, timeliness, usefulness, adequacy, completeness or suitability of the Information, or the results to be obtained. Maptuit assumes no obligation to update the Information. Information and features of the Service may contain typographical or other errors. Information provided may be changed or discontinued without notice. The Information is provided for informational purposes only.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACCESS TO THE SITE/SERVICE, AND ANY INFORMATION THEREFROM, IS PROVIDED ON AN "AS IS" BASIS. MAPTUIT, ITS LICENSORS AND SERVICE PROVIDERS FROM WHICH YOU MAY HAVE ORDERED THE SERVICES MAKE NO GUARANTEES AND EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING USE OF THE SITE, THE SERVICE AND/OR THE INFORMATION, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE, TITLE, AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERAL NATURE OF THE ABOVE, MAPTUIT MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICE OR INFORMATION COMPLIES WITH THE NATIONAL NETWORK, BRIDGE HEIGHT RESTRICTIONS OR ANY OTHER RELATED POLICIES, REGULATIONS OR RULES OF THE ROAD.

Maptuit does not guarantee or warrant that any files made available for downloading from the Site will be free of infection by viruses, worms, "Trojan horses", or other code that manifest contaminating or destructive properties.

No Liability

YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SITE, THE SERVICE AND/OR ANY INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAPTUIT AND ITS LICENSORS AND SERVICE PROVIDERS SHALL NOT BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY CLAIM, EXPENSE, DAMAGE, LOSS, LIABILITY, OBLIGATION, DEMAND OR ACTION (COLLECTIVELY, "DAMAGES"), IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE OR IN RELIANCE ON THE INFORMATION, INCLUDING ANY LOSS OF USE, LOST DATA OR SOFTWARE, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF MAPTUIT, ITS LICENSORS, SERVICE PROVIDERS OR AGENTS HAVE BEEN INFORMED OF THE POSSIBILITY OR EXISTENCE THEREOF.

WITHOUT LIMITING AND NOTWITHSTANDING THE FOREGOING PARAGRAPH, IF FOR ANY REASON WHATSOEVER THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE HELD UNENFORCEABLE OR INAPPLICABLE, THE TOTAL AGGREGATE LIABILITY OF MAPTUIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR DAMAGES SHALL NOT EXCEED FIFTY DOLLARS ($50.00).

You should not assume that your use of the Site/Service will be error free or that the Site will operate without interruption or that any errors will be corrected. Certain countries or states do not allow the disclaimer of certain warranties or the limitation or exclusion of liability, so the above disclaimers and limitations/exclusions may not apply to you in their entirety.

Indemnity

You agree to indemnify, defend and hold Maptuit, its licensors and service providers (including each of their respective licensors, suppliers, assignees, subsidiaries, and affiliated companies, and their respective officers, directors, employees, shareholders, agents and representatives) harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, including legal fees, or claim of any kind, arising out of or in connection with any use or possession by you of the Service or Information. You are responsible for any tax arising from your use of or access to the Service and Information.

Choice of Law

The laws applicable in the Commonwealth of Massachusetts shall govern as to the interpretation, validity and effect of this Agreement without regard to any conflict of laws provisions. Your use of the Site or Service, or use of any Information provided to you, shall constitute your consent to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts in any action or proceeding instituted under or related to this Agreement or the Site. Any action or claim brought shall be initiated and held exclusively in Boston, Massachusetts. The parties expressly disclaim the application of the United Nations Convention for Contracts for the International Sale of Goods and the application of any law which seeks to implement UCITA.

Privacy Policy

Many areas of the Site do not require users to identify themselves or reveal any personal information. However, certain usage information which may include a user's IP address, the time and length of access, the pages viewed and the name of any site visited immediately prior to coming to the Site, may be collected and stored on an anonymous, aggregate basis. Maptuit does not consider IP addresses to constitute personally identifiable information since they are commonly utilized by proxy servers and thereby shared among multiple users, or are dynamically assigned to machines, and are not easily associated with a particular user. Any e-mail address configured in a user's Web browser may also be logged as part of the web server's automatic logging process. This information is primarily used to assess usage of, and develop ideas for improving, the Site. Maptuit does not currently request or obtain personally identifiable information from its business partners.

The Site may make use of "cookie" technology (which uses an identifier that is stored by Web browsers) to manage security on the Site and to customize the presentation of information to you.

Maptuit, Metro Media and/or the Media company through which you may order "Alerts"™ or "MyCommute"™ may use any personally identifiable information submitted by users or collected from use of the Site or Service, if any, to notify users of additional products and services about which they might be interested. Maptuit will not, however, provide such information to any other companies for their independent use. Maptuit assumes no liability for Metro Media's or such Media company's use or storage of such information. Maptuit reserves the right to provide information collected from the Site or by the Service to other third parties, provided such information does not contain information sufficient to identify a particular user by name, address or other personally identifiable information.

Notwithstanding anything else contained in these provisions, Maptuit reserves the right to disclose information collected if it believes in good faith that such disclosure is required by law, to comply with judicial process or to protect Maptuit's property or other interests.

You may contact Maptuit at any time to review or correct any personally identifiable information which may have been collected by Maptuit.

User Information

To the extent that any area of the Site or component of the Service requires users to register, any information provided by you in the course of such registrations shall be true and accurate. You may not make any attempt to impersonate another person or to gain access to any Site or Service by unauthorized or improper means.

Other Terms

You represent and warrant that you are old enough and possess the legal right and ability to enter into this Agreement.

Maptuit reserves the right to suspend or terminate access to the Site and Service to any user or group of users for any or no reason at Maptuit's sole and absolute discretion.

These terms and conditions constitute the entire, complete, exclusive, and final agreement between Maptuit (and its licensors, including their respective licensors and suppliers) and you with respect to the subject matter hereof, and supersede in their entirety, any and all previous and contemporaneous written or oral agreements, proposals, understandings and other communications between the parties. If any provision contained herein is declared invalid or unenforceable, the remaining provisions shall remain in effect. Other than through updated Terms of Use provided by Maptuit via its Website, this Agreement may be modified only by a writing that expressly refers to this Agreement and is signed by an authorized representative of Maptuit. No one below the position of Vice President or Corporate Counsel is authorized to bind Maptuit.

U.S. Government Restricted Rights

The Information is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Maptuit Corporation, 35 Corporate Drive, Burlington, MA, USA 01803. The Information is copyrighted © 2003-2007 by Maptuit Corporation and/or its licensors UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. For the purpose of any public disclosure provision under any federal, state or local law, the Information shall be deemed to constitute trade secret and proprietary commercial data and not subject to disclosure.

Notice

Maptuit may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site or by written communication delivered by regular mail to your address on record with the Site. You may give notice to Maptuit at any time via electronic mail to Maptuit or by letter delivered by first class postage prepaid regular mail or overnight courier to the address listed for Maptuit at www.maptuit.com

Third Party Ad Services

Maptuit may utilize third-party advertising services to display advertising on the Site for others. These third-party services may upload a cookie for the purposes of ad tracking, presentation and to measure ad effectiveness. Maptuit does not share personally identifiable visitor information with its third party providers of advertising services.

Third Party Agreements

Certain data provided to Maptuit by its third party licensors and utilized to generate portions of the Information is subject to additional terms and conditions (which may change from time to time), as follows:

NAVTEQ –only provisions relating to the Data:

© 2007 NAVTEQ. All rights reserved.

The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario, © Canada Post Corporation, GeoBase ®.

NAVTEQ holds a non-exclusive license from the United States Postal Service ® to publish and sell ZIP+4 ® information.

© United States Postal Service ® 2007, Prices are not established, controlled, or approved by the United States Postal Service ®. The following trademarks and registrations are owned by the USPS: United States Postal Service, USPS, and ZIP+4.

Terms and Conditions

Restrictions. Except where you have been specifically licensed to do so by Maptuit, and without limiting the preceding paragraph, you may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices.

Warning. The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results.

Export Control. You agree not to export from anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.

Government End Users. If the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, this Data is a “commercial item” as that term is defined at 48 C.F.R (“FAR”), is licensed in accordance with these End-User Terms, and each copy of Data delivered or otherwise furnished shall be marked and embedded as appropriate with the following "Notice of Use", and shall be treated in accordance with such Notice:

If the Contracting Officer, federal government agency, or any federal official refuses to use the legend provided herein, the Contracting Officer, federal government agency, or any federal official must notify NAVTEQ prior to seeking additional or alternative rights in the Data.

Canada-Only Provisions. The following provisions apply to the Data for the Territory of Canada, which may include or reflect data from third party licensors ("Third Party Data"), including Her Majesty the Queen in Right of Canada ("Her Majesty") and Canada Post Corporation ("Canada Post"):

The Data may include or reflect data of licensors, including Her Majesty and Canada Post. Such data is licensed on an "as is" basis. The licensors, including Her Majesty and Canada Post, make no guarantees, representations or warranties respecting such data, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.

The licensors, including Her Majesty and Canada Post, shall not be liable in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the data or the Data. The licensors, including Her Majesty and Canada Post, shall not be liable in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the data or the Data.

End User shall indemnify and save harmless the licensors, including Her Majesty the Queen, the Minister of Natural Resources of Canada and Canada Post, and their officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the use or possession of the data or the Data.

  © 2006 Maptuit, All rights reserved