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Terms of Use
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Eligibility
Other Accounts Use of another person’s account or service without prior authorization from LocationNation, Inc. is strictly prohibited. This may be considered theft. Proprietary Rights in Content on the Web Site All content on LocationNation.com is the property of LocationNation, Inc. and can not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form, in whole or in part, without LocationNation’s written permission. LocationNation’s services are not able to be resold to third parties without the prior express written permission of LocationNation. Global Positioning Systems As a LocationNation customer, you must agree to understand that GPS, on average, has an accuracy of +/- 15 meters (cep) as long as the Selective Availability (SA) Error remains deactivated by the U.S. Government (with SA the accuracy is +/- 100 meters 95% of the time). You should also understand that each GPS model is different and will have a different accuracy specification. For specific GPS accuracies by model, please refer to the GPS manufacturer’s specifications. LocationNation customers agree not to hold LocationNation responsible for any GPS or mapping error or inaccuracy. Internet Connection LocationNation customers agree to have a reliable Internet connection to connect to the LocationNation Web site. Internet connection and the pertinent software are to be obtained by end-users at their sole responsibility, cost and expense. LocationNation will not be responsible for any issues regarding the inability to connect to the LocationNation Web site due to the lack of adequate communication or internet browser software. Additionally, LocationNation will not be held responsible for unstable or faulty Internet connections provided by the end users’ Internet Service Provider (ISP) or caused by faulty hardware (including but not limited to: Ethernet cards, modems, faulty cabling, or telephone lines), or faulty software. Internet Map Server LocationNation uses a third party Internet Map Server to display a GPS unit’s position on the earth (Google MapsTM). For each GPS position displayed, LocationNation’s Internet Map Server displays a variety of spatial data (both vector and raster datasets) in an effort to provide end-users with the best visual interpretation possible. With this in mind, LocationNation customers must understand that once an Aerial Photograph or a Satellite image has been published, the data is no longer current and is now dated. As a result, all LocationNation customers agree to not hold LocationNation responsible for any third party items, including but not limited to any mapping inaccuracies related to out-of-date, incorrect or missing data found on the LocationNation Internet Map Server, including but not limited to Aerial Photographs, Satellite imagery and vector data sets showing states, highways, cities, streets, etc. Member Content Posted on the Web Site As a member, you are solely responsible for any material that you post to the site. By registering as a member of the site, you acknowledge that LocationNation has the right to remove any content that violates the Terms of Use or Privacy Agreement, or that may violate the rights of members or others. Submitted material must be yours to post or you must have written permission from the owner of the material. Do not violate any copyright, trademark, privacy or publicity rights. You must also have the right to grant us the rights to use the information once posted to our site. If you do not have this authority don’t post it. Any information (text, photos, videos, etc.) that you post on the site, remains under your ownership. However, by posting to LocationNation.com you expressly grant us permission to reproduce, distribute, or otherwise publish the material. We can do so without further permission from you and without providing you any payment or royalty. Disclaimers LocationNation is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. LocationNation is not responsible for the conduct, whether online or offline, of any User of the Site or Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. LocationNation 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 communications. LocationNation 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 Site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will LocationNation be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline. THE SITE, THE SERVICE AND THE SITE CONTENT ARE PROVIDED "AS-IS" WITH ALL FAULTS AND LOCATIONNATION DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Locationnation cannot guarantee and does not promise any specific results from use of the site and/or the service. Locationnation does not represent or warrant that content or materials on the site are accurate, complete, reliable, current or error-free or that the site or its servers are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content or materials and use industry-recognized software to detect and disinfect viruses. Limitation on Liability EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL LOCATIONNATION OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY IN TORT OR CONTRACT, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF DATA, DAMAGES FROM BUSINESS INTERRUPTION, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT OR PROPERTY, COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY SOFTWARE PROGRAM OR DATA USED IN CONJUNCTION WITH THIS SITE, THE SERVICE, OR ANY CONTENT ON THE SITE, EVEN IF LOCATIONNATION, ITS EMPLOYEES, OR AGENTS, OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding anything to the contrary contained herein, LocationNation’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 LocationNation for the service during the term of membership, but in no case will LocationNation’s liability to you exceed $1000. ANY WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY LOCATIONNATION, ITS EMPLOYEES, AGENTS, OR SUPPLIERS WILL IN NO WAY INCREASE THE SCOPE OF LIABILITY OR LIMITED WARRANTY. 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. Indemnity You agree to defend, indemnify and hold harmless LocationNation, it’s officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the LocationNation Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the LocationNation Website. |
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