RM Acquisition, LLC dba Rand McNally provides this web site as a service to you subject to the following Terms and Conditions of Use (“Terms”), which may be updated by Rand from time to time without notice. By signing up, accessing, or using the site, or any of the services or features contained therein, the user agrees that they have read, understood, and agree to be bound by these Terms.
RM Acquisition, LLC, dba Rand McNally, and its affiliates (herein collectively referred to as “Rand McNally,” “Rand”, “we,” “us,” or “our,” except where noted), operates and owns this Web site. As used hereinafter, the terms “user”, “User”, “You”, “you”, “Your”, “your”, and “the customer” shall be synonymous and shall refer to the person or business entity (or agents, employees, authorized representatives, affiliates, or anyone acting on their behalf) that is utilizing the Services and/or accessing the web site.
1. DESCRIPTION OF SERVICE
Rand McNally provides users through its web site(s) access to various resources, including various navigation tools, an online store, company and product information, Content, etc., which may be accessed through various media or devices now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Rand McNally to provide the Service. You also understand and agree that the Service may include certain communications to registered users from Rand McNally, such as service announcements and administrative messages and that these communications are considered part of Rand McNallyÕs Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the Terms. You understand and agree that the Service is provided “AS-IS” and that Rand McNally assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
“Content” means text, images, photos, audio, video, location data (including, but not limited to, points of interest, towns, views, lookouts, landmarks, areas, scenic locations, restaurants, communities), editorial description, address information, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “Rand Content” means Content that Rand creates and makes available in connection with the Service. “Third Party Content” means Content that originates from parties other than Rand or its users, which is made available in connection with the Service. “Site Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and Rand Content.
1.2 Submitted Content; Review of Transmissions
These Terms apply to Your Content and User Content, including, but not limited to, any journals, recommendations, reviews, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, images, information, data, photographs, software, messages, ideas, comments, questions, or other materials received by Rand from you (collectively “Submitted Content”). We may use Submitted Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. Rand shall have the right (but not the obligation) to, from time to time monitor and review Submitted Content and any other information transmitted or received and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Rand deems inappropriate or in violation of these Terms. During monitoring, the Submitted Content may be examined, recorded or copied, and your use of the Services constitutes your consent to such monitoring and review. You agree that you are responsible for the Submitted Content, and Rand disclaims any responsibility and assumes no liability with respect to Submitted Content. By providing Submitted Content, you warrant that: (a) you are the owner of such Submitted Content, or have been granted all the rights necessary from the owner thereof to provide such Submitted Content to Rand and for the use or display by Rand as stated herein, and (b) the use of such Submitted Content by Rand will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Services. You agree that if you provide Submitted Content, you grant Rand, and its affiliates, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, assignable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you, and you waive all moral rights with respect thereto. You further grant Rand the right to pursue at law any person or entity that violates your or Rand’s rights in the Submitted Content by a breach of these Terms. You agree that you will not publish, submit, provide, or display such Submitted Content to or on any other commercial travel-related web-site, application or online service without Rand’s prior written consent, which consent may be withheld by Rand in its sole discretion. You agree that Rand may choose to provide attribution of Submitted Content provided by you (for example, showing your name and hometown on a travel review that you submit) at our sole discretion, and that such Submitted Content may be shared with Rand’s Third Party Suppliers, distribution partners, customers and other third parties.
2. YOUR ACCOUNT, PASSWORD, AND SECURITY
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you choose to create an account with us, you also agree to provide true, accurate, current and complete information, under penalty of perjury under the laws of the jurisdiction in which you reside, about yourself as promoted by the ServiceÕs registration form. As part of the online registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any password you use to access the online services, and agree that Rand McNally will have no obligations with regard thereto.
3. RESTRICTIONS ON USE
You may print out any of the materials from this Web site for your personal, non-commercial use only, and not for re-sale, provided you keep intact all copyright and other proprietary notices. Accordingly, you may copy this information only as necessary for your personal use to (i) view it on your screen, and (ii) save a single copy on your hard drive or disk, provided that you do not remove any copyright notices that appear and do not modify the information in any way, and/or (iii) print a copy for personal use. You may not otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any materials from this Web site, and may not republish, upload, post, transmit, loan, rent, transfer, sell or otherwise distribute any materials from this Web site in any form, for any purpose. The use of any such materials on any other Web site or network computer environment is also prohibited. If you use the materials other than as permitted in this license, you will be violating Rand McNally’s copyright and other proprietary rights.
Without limiting the foregoing, unless you are specifically authorized or licensed by Rand McNally, you may not use information contained in this Web site 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. You also may not use this information with or in communication with any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.
Linking directly into Rand McNallyÕs maps and directions results pages (“RMC M&D”) Ð passing address or locations parameters to return a result — is restricted. Only private individuals, non-profit organizations, and small businesses are permitted to link their Web site to RMC M&D. No more than 5,000 RMC M&D may be viewed annually through links to your Web site or Web sites. Under no circumstances may you resell RMC M&D, nor may you provide RMC M&D as a service bureau or as a time share provider. RMC M&D may not be used for or provided with a real time route guidance or dispatch operation. You may not use RMC M&D in connection with any devices or systems which include geographic information systems or geographic data that enable occasional or continuous position determination (for example, GPS). While linking to RMC M&D, you may not (i) engage in deceptive, misleading, unethical or immoral practices that are or might be detrimental to Rand McNally or any other party; (ii) make any false, derogative or misleading representation with regard to Rand McNally or its products or services; and (iii) engage in illegal or deceptive trade practices with respect to RMC M&D. Rand McNally does not provide technical support to users who link their Web sites to Rand McNally Maps and Directions on randmcnally.com. If your organization needs to provide RMC M&D without some or all of these restrictions, please contact us at firstname.lastname@example.org.
randmcnally.com, and related sites under common ownership and/or control, contains links to Web sites not under our control. Although we try to choose sites that will be helpful to you, we are not responsible for the quality, safety, completeness, accuracy, or nature of the content of such sites and we cannot guarantee that such content may change without our knowledge. We provide these links simply as a convenience to you and this convenience should not be considered an endorsement by us of these Web sites or the companies who own them.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): Rand makes no guaranty of confidentiality or privacy of any communication or information transmitted by use of the Services or any website linked to the Services. Rand will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other information stored on RandÕs equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
5. EMAIL SERVICE
As part of the Service, Rand McNally provides services that allow users to generate email messages (that may include links to maps, directions, or other site services or information) from our site. Other than as otherwise defined in the Terms, Rand McNally is not affiliated with the sender or recipient of any of these email messages. When using these email message services, or the Services in general, you specifically agree that Rand McNally is not responsible or liable to you or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit or otherwise objectionable conduct or speech of any other party on or through the Web site, or for any infringement or violation of another’s rights by any other party on the Web site, including but not limited to intellectual property rights, rights of publicity, or rights of privacy. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
Rand McNally reserves the right, but does not assume the responsibility to monitor, filter, or review conduct by users of the Web site.
By using the Services you agree not to: 1) Transmit through the Web site any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature; 2) Invade another’s privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Web site; 3) Transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; 4) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; 5) Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
User will not use the Service for chain letters, junk mail, “Spamming” or any use of distribution lists to any person who has not given specific permission to be included in such a process.
You are solely responsible for any text which is transmitted by you through the Web site, including but not limited to the contents of your email communications, and any attachments thereto, through the Web site.
Rand McNally reserves the right to disable any User’s ability to transmit information using the Web site if User violates any of the above terms.
6. COPYRIGHT AND LICENSES
This Web site is protected by copyright, and is further subject to the following terms and conditions which are agreed to by you, on the one hand, and Rand McNally and its licensors (including their licensors and suppliers) on the other hand.
© 2011 by Rand McNally. All Rights Reserved.
BEST OF THE ROAD® is a federally registered trademark owned by RM Acquisition, LLC.
Portions © 2011 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©.
Portions © 2011 DMTI Spatial Inc. DMTI Spatial™, [CanMap, Really Smart Spatial Solutions, Because Where is What Matters and GeoPinpoint] are trademarks of DMTI Spatial Inc. All rights reserved. www.dmtispatial.com. This data includes information taken with permission from Canadian Information on construction projects in Québec and is developed, by permission, from data supplied by the Ministère des Transports du Québec. © Her Majesty the Queen in Right of Canada, as represented by the Ministry of Industry, Statistics Canada
7. SUBMISSION OF INTELLECTUAL PROPERTY
Rand McNally values user and customer feedback on our products and services, but we request that comments on those products and services be specific and not include any creative ideas, suggestions, or materials. Rand McNally does not accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. Please do not submit any original creative materials, such as new product or service ideas, or manuscripts. Any such materials submitted without a specific request from us will become the exclusive property of Rand McNally and its affiliates and we will have no obligation either to compensate you or to keep such materials confidential.
8. LIABILITY AND DISCLAIMERS
NEITHER RAND MCNALLY NOR ANY OF ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICES, THE SERVER THAT MAKES THEM AVAILABLE, THE SITE CONTENT, OR THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Site Contents are provided to you “as is,” and “as available,” and you agree to use it at your own risk. Rand and each of its affiliates and licensors (and their licensors and suppliers, including Her Majesty the Queen in Right of Canada) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this information.
RAND MCNALLY AND EACH OF ITS AFFILIATES AND LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS, INCLUDING HER MAJESTY THE QUEEN IN RIGHT OF CANADA AND THE MINISTER OF NATURAL RESOURCES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS AND THIRD PARTY SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
RAND MCNALLY AND EACH OF ITS AFFILIATES AND LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS, INCLUDING HER MAJESTY THE QUEEN IN RIGHT OF CANADA AND THE MINISTER OF NATURAL RESOURCES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS AND THIRD PARTY SUPPLIERS) SHALL NOT BE LIABLE TO YOU: 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, PERFOMANCE OR POSSESSION OF THIS WEB SITE OR ITS CONTENTS OR THE ROAD EXPLORERS SERVICE; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR ITS CONTENTS, ANY DEFECT IN THIS WEB SITE OR ITS CONTENTS, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF RAND MCNALLY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
IF THIS EXCLUSION OF WARRANTY OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN RAND MCNALLYAND ITS AFFILIATES’ MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT OF ANY SUBSCRIPTION OR MEMBERSHIP FEE WHICH YOU MAY HAVE PAID FOR THE SERVICE. Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Rand McNally or each of their respective licensors. Product and service information are the sole responsibility of each individual vendor. The NAVTEQ name and logo, the NAVTEQ and NAVTEQ ON BOARD trademarks and logos, and other trademarks and trade names owned by NAVTEQ may not be used in any commercial manner without the prior written consent of NAVTEQ. The RAND MCNALLY and RANDMCNALLY.COM names, logos and trademarks, and other trademarks and trade names owned by Rand McNally and may not be used in any commercial manner without the prior written consent of Rand McNally. TripMaker, StreetFinder, Quick Reference Atlas, IntelliRoute and MileMaker are registered trademarks of Rand McNally. All other product and service names are trademarks of their respective owners.
Rand McNally shall have no liability for any delay in delivery of any services to you for any cause beyond Rand McNally’s reasonable control, including delay of third party services/benefit providers or delay due to union disputes or factory production schedules.
9. EXPORT CONTROL
You agree not to export from anywhere any part of the information 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.
You (“Indemnifying Party”) each agree to defend Rand (“Indemnified Party”) in and from all third party claims, causes of action, demands, suits or legal proceedings of any sort (“Claims”), and indemnify and hold Rand harmless from any losses, costs, damages, expenses, settlements, judgments and liabilities (including reasonable attorneysÕ fees, court costs and expenses) (“Liabilities”) arising from or relating to (a) intentionally wrongful, reckless or negligent acts or omissions committed by the Indemnifying Party; (b) any breach of the Indemnifying PartyÕs representations, warranties and/or obligations set forth in these Terms, or (c) the infringement by the Indemnifying Party of any patents, registered designs and copyrights (including rights in software), trademarks, trade secrets, rights of publicity or privacy, design rights, database rights, semi-conductor topography rights or rights in mask works, or any other similar intellectual property rights of any third party.
11. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You agree to submit to the jurisdiction of Illinois for any and all disputes, claims and actions arising from or in connection with any materials on this Web site. In the event of any dispute arising under or involving any provision of these Terms, or actions hereunder, including without limitation, claims involving any breach hereof, adequacy of considerations, or any matter stemming herefrom, the You agree to submit any such dispute to binding arbitration before the American Arbitration Association (“AAA”) in the City of Chicago, State of Illinois. Either Party may commence the arbitration process called for in these Terms by filing a written demand for arbitration with AAA with a copy to the other Party. The arbitration will be conducted in accordance with all applicable law, the Federal Arbitration Act, and otherwise in accordance with the AAA Rules and Procedures in effect at the time of filing of the demand for arbitration. The Parties will cooperate with AAA and with one another in selecting an arbitrator from a panel of Neutrals, and in scheduling the discovery and arbitration proceedings. The Parties hereby covenant that they will participate in the arbitration in good faith. The arbitrator in any such binding arbitration shall prepare and issue a written decision with written essential findings and conclusions on which the award is based. Judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. The Parties hereto agree hereby that any rules, regulations or statutes that differ or conflict herewith be waived hereby. The arbitrator shall be permitted to award only those remedies in law provided for in these Terms, which are requested by the Parties, are applicable to the claims alleged and which the arbitrator determines to be supported by the credible, relevant evidence. Either Party may file a request with a court of competent jurisdiction for equitable relief, including but not limited to injunctive relief, pending resolution of any dispute through the arbitration procedure set forth herein. The provisions of this arbitration agreement may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to recovery of all costs and reasonable attorneys fees incurred in relation to the filing of any Motion to Enforce if the Court finds for the party bringing such Motion. In any action or legal proceeding with respect to the provisions of these Terms, the prevailing party shall be entitled to recover all costs and expenses, including without exception, all reasonable attorneys fees, accountants fees, and expert witness fees incurred. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS USER AGREEMENT, YOU AND RND ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.
11.2 CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (as amended, the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Such notice must include
- 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 upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A 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.
Notices and counter-notices with respect to the site should be sent to David H. Dicker, Esq., Dicker & Dicker, LLP, 21550 Oxnard Street, Suite 550, Woodland Hills, California 91367, Attn: Rand McNally Web Site, Fax (818) 704-8000. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Please note that the fax number above is NOT for Customer Care; we will not respond to customer service inquiries directed there.
11.3 INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any of this User Agreement will cause such damage to Rand as will be irreparable, the exact amount of which would be impossible or difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Rand shall be entitled as a matter of right to seek an injunction from any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, without having to post a bond or other security.
Notices to the user may be made via either email or regular mail. Rand may, but is not required to, provide you notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Site.
Rand reserves the right to terminate, without notice, your password, account or use of the Services and delete any data within the Web site for any reason, including, but not limited to, your failure to comply with these Terms or for cause of any other nature. You may terminate your user account upon notice to Rand at any time.
14. General Information
These Terms constitute the entire agreement between you, the user, and Rand and govern any use of the Site and/or the Services, superseding any prior agreements between you and Rand. You also may be subject to additional terms and conditions that may apply when you use affiliate programs, Third-party content or third-party software. The failure of Rand to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Rand is not responsible for circumstances beyond its control, including without limitation, actions of third parties, force majeure, Acts of God, natural disasters, or similar circumstances. If any provision of these Terms are held to be unlawful, illegal or unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be modified except in writing, signed by all applicable parties and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter. Rand may terminate the Services at any time without notice. You agree that regardless of any statute or law to the contrary, you must give us notice of any claim or course of action (a “Claim”) arising out of or related to use of the Web site or Services within one (1) year after you become aware of the material facts and circumstances giving rise to such Claim and any Claim must be filed within two (2) years after such claim arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. Your agreement to these Terms shall be implied by your use of the Site or the Services provided therein, in addition to any express agreement or assent to these Terms. It is important that you read and understand the contents hereof before agreeing hereto.