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CMAP Website Terms of Use
(updated as of September 27, 2002)

Welcome to the online mapping services and website provided by NYPIRG's Community Mapping Assistance Project. Our mission is to strengthen nonprofit, philanthropic, and public service organizations by providing affordable access to computer mapping technologies. The following information explains how our online services and website can and cannot be used.

This Website Terms of Use ("Agreement") governs your use of all information and services provided by the Community Mapping Assistance Project of the New York Public Interest Research Group Fund, Inc. (collectively, "CMAP") on all web pages or resources accessible on the Internet under the domain names www.cmap.nypirg.org, www.nonprofitmaps.org, www.cmap.info, and www.mygovernmentnyc.org (collectively, the "CMAP Services"). BY USING OR ACCESSING THE CMAP SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED THE AGREEMENT. If you do not agree to be bound by this Agreement, you must immediately discontinue your use of the CMAP Services. Certain CMAP Services may also be subject to additional terms and conditions of use and/or user registration requirements, which may be reviewed by accessing such services on the webpages listed above.

I. OWNERSHIP AND LICENSE

A. CMAP Services are owned and operated by CMAP. All materials provided on the CMAP Services, including without limitation, all text, documents, reports, data, graphics, charts, logos, buttons, icons, images, audio and video programs, and software (“Content”), are the property of CMAP or its content suppliers and are protected by U.S. and international copyright laws and other intellectual property laws.

B. CMAP hereby grants to you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the CMAP Services pursuant to this Agreement on a single computer for noncommercial purposes only, provided that you do not (and do not permit any third party to) republish, upload, post, publicly perform, modify, create a derivative work of, or reverse engineer any Content. You may reproduce, transmit, distribute, or publicly display Content obtained from CMAP’s Services provided (a) your use is only for noncommercial purposes; (b) you acknowledge CMAP as the source of such Content; and (c) you retain all copyright, trademark, logo, and other proprietary notices, if any, displayed on or in conjunction with such Content.

II. USER CONTENT

Certain CMAP Services allow users to post, transmit or upload messages, comments, computer files and other materials ("User Content"). By submitting User Content to the CMAP Services, you acknowledge that CMAP does not pre-screen User Content and makes no representations whatsoever concerning the User Content. Under no circumstances shall CMAP be liable in any manner as a result of any User Content or your transmission or use thereof or reliance thereon. Moreover, CMAP shall have the right (but not the obligation) to remove any Content and User Content from the CMAP Services in its sole discretion at any time without notice.

III. USER CONDUCT

You agree that you are solely responsible for your use of and reliance upon the CMAP Services, your actions on the CMAP Services, and your submission and usage of User Content to the CMAP Services. You further covenant and agree:

(a) not to use the CMAP Services in any manner or for any purpose that violates applicable local, state, national, or international laws, regulations or rules;

(b) not to access the CMAP Services other than for your or your organization’s non-commercial use;

(c) not to post any knowingly false or misleading statements;

(d) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity and not to submit User Content altered to conceal the true source of such User Content;

(e) not to use the CMAP Services to collect or harvest personal information, including, without limitation, financial information, about other users of the CMAP Services;

(f) not to submit any files containing viruses, bots, worms, trojan horses, corrupted files, or any other similar materials that may damage or corrupt the data, software or hardware of others;

(g) not to attempt in any way to interfere with or disrupt the proper functioning of the CMAP Services nor to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the CMAP Services;

(h) not to submit automated or machine-generated requests or queries;

(i) not to take the results from the CMAP Services and reformat and display them, or mirror the CMAP Services on any Website;

(j) not to post, transmit or upload any material that infringes or violates the intellectual property rights or other rights of a third party; and

(k) not to post, transmit or upload any libelous, defamatory, obscene, sexually explicit, abusive, or otherwise illegal material.

You further represent, warrant and covenant that any and all personal information that you provide to CMAP in connection with the CMAP Services, or any user registration required by certain CMAP Services, is and shall be current, complete and accurate. Moreover, you covenant and agree to maintain and update this information as necessary to keep it current, complete and accurate.

CMAP, in its sole discretion, shall determine whether any User Content or activity is in violation of the provisions of this Section, and may take such corrective action it deems appropriate, including without limitation terminating your access to the CMAP Services.

IV. TERM AND TERMINATION

This Agreement and the license granted hereunder shall remain in effect unless terminated in accordance with this provision. Either party may terminate this Agreement in its sole discretion at any time. You may terminate this Agreement by ceasing to use or access the CMAP Services. CMAP may terminate this Agreement by terminating your right to access and use the CMAP Services with or without notice to you. Termination of this Agreement, or any other restriction or suspension of your right to access and use the CMAP Services, shall not affect any other right or relief to which CMAP may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to CMAP.

V. INDEMNITY

You agree to indemnify and hold CMAP, its parents, subsidiaries, affiliates, officers, directors, agents, suppliers, and employees, harmless from any claims, damages and expenses, including all reasonable attorneys’ fees, related to your (a) access to or use of the CMAP Services; (b) violation of any provision of this Agreement; or (c) User Content.

VI. INCORPORATION OF PRIVACY POLICY

You acknowledge and consent to the CMAP Privacy Policy, which is hereby incorporated into this Agreement.

VII. TRADEMARK INFORMATION

CMAP and all trademarks, service marks and trade names used on the CMAP Services are the property of CMAP or their respective owners. Copying, downloading, or otherwise using such trademarks, service marks or trade names is prohibited, except as provided by this Agreement, without the express written permission of CMAP or the owner of such trademarks, service marks or trade names.

VIII. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE CMAP SERVICES IS AT YOUR SOLE RISK, AND THAT THE CMAP SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CMAP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CMAP MAKES NO WARRANTY THAT THE CMAP SERVICES WILL MEET YOUR REQUIREMENTS, OR BE ACCURATE, COMPLETE, TIMELY, SECURE, OR ERROR FREE, OR THAT ACCESS TO THE CMAP SERVICES WILL BE UNINTERRUPTED, NOR DOES CMAP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CMAP SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED ON OR THROUGH THE CMAP SERVICES, OR THAT DEFECTS IN THE CMAP SERVICES WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, INCLUDING WITHOUT LIMITATION USER CONTENT, POSTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CMAP SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM ANY SUCH POSTING, DOWNLOAD, USE OF, OR RELIANCE UPON SUCH CONTENT.

CMAP MAKES NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE CMAP SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE CMAP SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CMAP OR THROUGH THE CMAP SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IX. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE SHALL CMAP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE CMAP SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR FAILURE TO STORE YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF CMAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE CMAP SERVICES IS TO STOP USING THE CMAP SERVICES.

IN NO EVENT SHALL CMAP’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCES EXCEED THE AMOUNT OF FEES COLLECTED BY CMAP FROM YOU OR SUCH THIRD PARTY IN RESPECT OF THE TRANSACTION(S) TO WHICH CMAP’S LIABILITY PERTAINS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

X. NO CONFIDENTIALITY

You agree that information transmitted by you to CMAP is not confidential and you acknowledge that you have no expectation of privacy with respect to such information, except as provided under the CMAP Privacy Policy. You agree that CMAP and its affiliates shall not be liable for any direct, indirect, special, incidental, punitive, consequential, or other damages caused by the unauthorized use or misappropriation of any or all information that you transmit to CMAP.

XI. HYPERLINKS

Certain CMAP Services may contain hyperlinks to third party websites and resources on the Internet, or may be linked from or embedded in such sites (“Linked Websites”). Such hyperlinks are provided only as a convenience. The inclusion of such links on the CMAP Services are not endorsements by CMAP, implied or otherwise, of the Linked Websites or any products or services offered on such sites, and no information on such Linked Websites has been endorsed or approved by CMAP. The Linked Websites are not under the control of CMAP. You agree that under no circumstances shall CMAP be held responsible or liable, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods or services available on any Linked Website.

XII. MODIFICATIONS

You acknowledge and agree that CMAP may modify this Agreement at any time, and that such modifications shall be effective and binding upon you immediately upon posting to this webpage, and that such posting will constitute notice to you of such amendments to the Agreement. It is your responsibility to review this Agreement to apprise yourself of any such modifications to the Agreement.

XIII. MISCELLANEOUS PROVISIONS

In the event that any provision of this Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of this Agreement. CMAP’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its choice of law provisions. You and CMAP agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New York, New York. This Agreement, and any additional terms and conditions for particular CMAP Services you use, and any modifications hereto constitute the entire agreement between CMAP and you, and supersedes all prior understandings and agreements, whether written or oral, as to such subject matter. Section titles and headings herein are inserted for convenience only and are not intended to be a part of or to affect the meaning or interpretation of these terms and conditions.

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