(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.
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
(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 CMAPs 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
(b) not to access the CMAP Services other than for your or your organizations
(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
(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
(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.
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.
You acknowledge and consent to the
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
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 CMAPS 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 CMAPS LIABILITY
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
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.
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.
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. CMAPs 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.