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TERMS AND CONDITIONS OF USE

GENERAL

Use of this website (this "Website") is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms and Conditions of Use"). Your use of this Website constitutes your agreement to all of the Terms and Conditions of Use.

This Website contains links to websites, web pages and services also operated by Coulter Mapping Solutions, Inc. ("CMS") or its affiliates (the "Other CMS Sites"), and your use of each Other CMS Site is subject to the Terms and Conditions of Use and such other terms and guidelines, if any, as are contained within each Other CMS Site. In the event that any of the Terms and Conditions of Use conflict with the other terms and guidelines contained within any particular Other CMS Site, then the other terms and guidelines for such Other CMS Site shall control.

This Website is for your personal and non-commercial use. Except as expressly agreed herein, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website.

This Website may include inaccuracies or typographical errors. CMS and the third parties that provide content on this site may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website.

Any action related to this Website will be governed by Kentucky law and controlling U.S. federal law. You hereby consent to the exclusive jurisdiction and venue of courts in Jefferson County, Kentucky, U.S.A. in all disputes arising out of or relating to this Website.

Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms and Conditions of Use, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CMS as a result of use of this Website or the existence of the Terms and Conditions of Use.

Use of this Website is subject to existing laws and legal process, and nothing contained herein shall limit CMS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by CMS with respect to such use. If any part of the Terms and Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

A printed version of the Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Website or the Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event.

Any rights not expressly granted herein are reserved.

The Terms and Conditions of Use represent the entire understanding relating to the use of this Website and prevail over any prior or contemporaneous, conflicting or additional, communications. CMS can revise the Terms and Conditions of Use at any time without notice by updating this posting.

SOFTWARE AVAILABLE AT THIS WEBSITE

Unless otherwise expressly state herein, any software that is made available to you to download from this Website (the "Software") shall be the copyrighted work of CMS and/or its suppliers. In any event, your use of the Software shall be governed by the terms of the end user license agreement which accompanies or is included with the Software (the "License Agreement"). You shall not install any Software that is accompanied by or includes a License Agreement, unless you first agree to the terms of the License Agreement.

SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THE LICENSE AGREEMENT, SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND CMS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL CMS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, AVAILABLE FROM THIS WEBSITE, AND WHETHER OR NOT CMS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DOCUMENTS AVAILABLE AT THIS WEBSITE

Permission to use documents (including white papers, press releases, datasheets and FAQs, but not Software, "Documents") from this Website is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Website is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of this Website or any Other CMS Site. Elements of this Website and Other CMS Sites are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this Website or any Other CMS Site may be copied or retransmitted unless expressly permitted by CMS.

CMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED IN THIS WEBSITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CMS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTS.

IN NO EVENT SHALL CMS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE, AND WHETHER OR NOT CMS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

LINKS TO THIRD PARTY SITES

Certain links in this website will let you leave this Website for websites, web pages or services not operated by CMS or its affiliates ("Third Party Sites"). Third Party Sites are not under the control of CMS and CMS is not responsible for the contents of any linked Third Party Site or any link contained in a Third Party Site, or any changes or updates to such Third Party Sites. CMS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CMS of the site.

USE OF FILE UPLOAD SYSTEM

Without limitation, you agree that you will not:

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

CMS reserves the right to terminate your access to the File Upload System at any time without notice for any reason whatsoever.

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Website, you are granting CMS permission to:

  • Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication; and
  • Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

TRADEMARKS

CMS, the CMS Logo, AVTrouble and View Log are trademarks and UAWork and CMSEdit are registered trademarks of Coulter Mapping Solutions, Inc. Cityworks is a trademark of Azteca Systems, Inc.  ESRI, ArcView and Arc/Info are registered trademarks of the Environmental Systems Research Institute.  The names of other companies and products herein are trademarks or registered trademarks of their respective trademark owners.

Please contact  webmaster@cmsgis.com with any questions or comments.


 

Send E-Mail to information@cmsgis.com with questions or comments about this web site.
Copyright © Coulter Mapping Solutions, Inc. 1999 - 2011
Last Modified: Friday, February 11, 2011