Mutt Maps, Inc.
- Acceptance of Agreement.
- Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Platform and your membership with the Company. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Platform. By accessing the Platform or becoming a Member, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein.
- Electronic Form. By accessing the Platform or becoming a Member, you consent to have this Agreement provided to you in electronic form.
- Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Using the Platform, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
You must be at least eighteen (18) years of age to register as a Member of and use the Platform. Membership is void where prohibited. By using the Platform, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
You may become a Member at no cost. As a Member, you will have the ability to participate in all of the features and services available within the Platform.
This Agreement will remain in full force and effect while you use the Platform and/or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the Resign pages in “Account Settings,” or you may contact us online. If you resign or cancel your membership via the Platform, to help the Company analyze and improve the Platform, you may be asked to provide a reason for your resignation/cancellation. You may bypass the brief resignation survey page and continue the resignation/cancellation process by clicking the “Continue Cancellation” or other similar button on the page. The Company may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to the Company. All decisions regarding the termination of accounts shall be made in the sole discretion of the Company. The Company is not required to provide you notice prior to terminating your membership. The Company is not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
- Non-commercial Use by Members.
The Platform is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Platform for any purpose. Illegal and/or unauthorized uses of the Platform, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Platform may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Platform is with the permission of the Company, which may be revoked at any time, for any reason, in the Company’s sole discretion.
- Account Security.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify the Company of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Your Interactions with Other Members.
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRY SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS PLATFORM OR PERSONS YOU MEET THROUGH THIS PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT THE COMPANY MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE INDIVIDUALS YOU MEET THROUGH THE PLATFORM. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
- Content on the Platform.
- Proprietary Rights. The Company owns and retains all proprietary rights in the Platform. The Platform contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Platform, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Platform, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Platform. Under no circumstances will the Company or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Platform or transmitted to or by any Members.
- Content Posted by You on the Platform.
- You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Platform, or transmit to other Members. You will not post on the Platform, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to the Company, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change.
- You understand and agree that the Company may review and delete any content, messages, double-blind emails, photos or profiles (collectively, “Content”), in each case in whole or in part, that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- The following is a partial list of the kind of Content that is illegal or prohibited on the Platform. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, without limitation, removing the offending communication from the Platform and terminating the membership of such violators. It includes, but is not limited to, Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Your use of the Platform, including but not limited to the Content you post on the Platform, must be in accordance with any and all applicable laws and regulations.
- You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Platform or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although the Company cannot monitor the conduct of its Members off the Platform, it is also a violation of these rules to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
- All information you include in your Member profile must be accurate, current and complete.
- Prohibited Activities.
The Company reserves the right to investigate and terminate your membership if you have misused the Platform, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Platform:
- You will not impersonate any person or entity.
- You will not “stalk” or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Platform.
- You will not interfere with or disrupt the Platform or the site or the servers or networks connected to the Platform or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Platform.
- You will not “frame” or “mirror” any part of the Platform, without the Company’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to the Company or the Platform in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or any software used or cause others to do so.
- Customer Service.
The Company provides assistance and guidance through its employees or agents. When communicating with our employees or agents, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Telephone calls between you and our representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership.
- Modifications to Platform.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform.
- Blocking of IP Addresses.
In order to protect the integrity of the Platform, the Company reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Company’s website.
- Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide the Company with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Platform; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notice of claims of copyright infringement can be addressed as follows: Mutt Maps, Inc., LegalPoop@MuttMaps.com.
- Member Disputes.
You are solely responsible for your interactions with other Members. The Company reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Privacy and Communications.
- The Company is not responsible for any incorrect or inaccurate Content posted on the Platform, whether caused by users of the Platform, Members or by any of the equipment or programming associated with or utilized in the Platform. The Company is not responsible for the conduct, whether online or offline, of any user or Member of the Platform. The Company 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, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer 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 users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Platform. Under no circumstances will the Company or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Platform, any Content posted on the Platform or transmitted to Members, or any interactions between users of the Platform, whether online or offline. The Platform is provided “AS-IS” and the Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Platform.
- In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Platform is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Platform. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
The Platform may provide, or third parties may provide, links to other websites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
- Social Media.
- Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will the Company be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Platform, even if the Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the Platform during the term of membership.
- U.S. Export Controls.
Software from this Platform (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Platform or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Arbitration and Governing Law.
- Arbitration Agreement.The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Platform shall be BINDING ARBITRATION administered by the American Arbitration Association. You may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
- Notice of Rights.By using the Platform in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURTto assert or defend any claims between you and the Company. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Court Proceedings.Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in Massachusetts. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- Governing Law.This Agreement, and any dispute between you and the Company, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Indemnity by You.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Platform in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
- Additional Terms.
This Agreement contains the entire agreement between you and the Company regarding the use of the Platform. The Company may update this Agreement at any time. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Platform, you consent to any updates to this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this Agreement. Muttmaps.com is a trademark of Mutt Maps, Inc.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.