Terms of Use

Terms of Use

Effective Date: February 12, 2019

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS OF USE") CAREFULLY BEFORE USING THIS WEBSITE.

 

The following Terms of Use govern your access to and use of http://www.geografx.com website (the "Site") operated by Geografx Digital Mapping Services and its parent company Geografx International (collectively, "Geografx Digital Mapping Services", "us", "we", or "our"). 


BY ACCESSING AND USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE SET FORTH BELOW.  THE TERMS OF USE APPLY TO ALL USERS, BROWSERS AND VISITORS WHO ACCESS THE WEBSITE.  IF YOU DO NOT AGREE TO THE TERMS OF USE, IN WHOLE OR IN PART, PLEASE DO NOT USE OR ACCESS THIS WEBSITE.

 

Copyright, Trademarks and Proprietary Rights

The Site contains trademarks, trade names, service marks, patents, trade secret, slogans, brand name, phrases, information, downloads, data products, samples, software, tool, descriptions, layout, messages, text, logos, designs, images or other services (collectively, the "Content") that are registered and owned by Geografx Digit Mapping Services, its affiliates and/or third party suppliers, partners, licensors, contractors, contributors of Content or web-related providers (collectively, the "Service Providers") and protected by copyright, trademarks, database and other intellectual property rights.  The Content does not create any licence or endorsement in these copyrights, trademarks, service marks, trade names or any proprietary rights. Any unauthorized use of them is strictly prohibited.

 

Permitted Uses

Geografx Digital Mapping Services grants you a limited non-exclusive, non-transferable, non-assignable, revocable license to use, view and print content on the Site for your non-commercial, personal use or evaluation purpose only.

You may display, download product samples, view, bookmark, save web pages or print reasonable portions of product descriptions or Content from the Site, provided you retain all copyright and other property notices on your copy and any disclaimers contained in the materials or Content for your own non-commercial, personal use or evaluation purpose to place an order with Geografx Digital Mapping Services.  Any other use is strictly prohibited and may violate copyright, trademark and other laws.

 

Prohibited Uses

You are prohibited from, directly or indirectly, using the Site or its Contents: (i) to transfer, decipher, disassemble, sell, market, reproduce, reverse engineer, create derivative works, remove, revise, modify or delete any trademarks or copyrights or any proprietary notices from Content on the Site in any way without the express permission in writing from Geografx Digit Mapping Services and/or its Service Providers or its respective owner; or  (ii) to infringe upon our intellectual property rights or the intellectual property rights of our Service Providers, including without limitation to the copyright, trademark or other service marks, or proprietary notices contained in the Content; or (iii) to collect, database scrape, screen scrape or otherwise recompile database information for reproduction or distribution; or (iv) to publicly display, publish, distribute or otherwise use any Content for any public or commercial purpose; or (v) to print or copy any of the HTML, JavaScript, tags, computer software or other coding data that is accessible at this Site; or (vi) for any unlawful purpose or to violate any law, without limitation to soliciting or allowing others to perform unlawful acts; or (vii) to use in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse this Site and its Content, system resources, accounts, servers, networks, affiliated websites, Service Provider websites or any other linked websites or the Internet, connected to or accessible through this Site; or (viii) to upload, post or otherwise transmit viruses or any other type of malicious code or programs or files that will potentially harm, disrupt, interrupt, destruct, flood or impose an unreasonable or disproportionate large load on this Site's infrastructure or functionality; or(ix) to spam, phish, probe, scrape or track information of others; or (x) to use or attempt to use another’s account, log-in, password, or other information in connection with this Site without prior written authorization from Geografx Digital Mapping Services; create or use a false identity or on this Site, or impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this Site; or send to this Site or Geografx Digital Mapping Services any incomplete, false, misleading or inaccurate information; or (xii) to harm, insult, defame, slander, discriminate based on age, race, ethnicity, origin, religion, gender, sexual orientation or disability; or (xiii) to disrupt or interfere with any other person's use or enjoyment of this Site, affiliated, Service Provider or linked websites, or any services thereof.

You agree that you are solely responsible for any actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content. Geografx Digital Mapping Services will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.  Geografx Digital Mapping Services reserves the right at all times to terminate your use of the Site or any related linked website for breaching any of the prohibited uses, including without limitation disclosing any information regarding your usage of the Site as necessary to satisfy any law, regulation or governmental request.

Changes to Terms of Use

Geografx Digital Mapping Services reserves the right, at our sole discretion, to modify or revise these Terms of Use, at any time without notice to you.  The revised Terms of Use will be effective immediately upon its date of posting ("Effective Date") posted at the top of this web page. 

 

It is your responsibility to monitor and review any revisions to the Terms of Use and the Effective Date of the Terms of Use.  Your continued use of this Site after any such revisions are posted will constitute your acceptance of the revised Terms of Use.  If you do not agree to the revised Terms of Use, in whole or part, you must discontinue your use of this Site immediately.

 

Changes to Site

Geografx Digital Mapping Services may at any time and in its sole discretion without notice or liability to you change any aspect or Content of the Site including: (i) restricting access to, discontinuing, terminating or changing the availability of any Content or services on, or links to the Site; or (ii) adding, removing or changing any fees or charges for use of the Site or any other Site-related services or any features thereof; or (iii) removing, adding, modifying or otherwise changing any Content on this Site, in whole or part. It is your responsibility to monitor these changes to the availability of products, service offerings and Content of the Site.

 

Inaccuracies, Errors and Updated Information

In order to provide high-quality information, accurate data products, exceptional services, we provide regularly updated products and service offerings that are contained and advertised on the Site.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, license fees, product images, specifications, availability and services in the Content of the Site. We reserve the right to replace, change or update information, and to correct errors, inaccuracies, or omissions at any time without prior notice, but confirm we have no duty to do so.

 

Despite our best efforts, the products or services available on our Site may have an error or be subject to change regarding the price, license fees, grammar, typographical, or be inaccurately described, become unavailable or discontinued.

 

We may experience delays in updating information on the Site and/or advertising on other websites.  The Site may contain historical or archived information, as is provided for general information or reference only.  Geografx Digital Mapping Services should be contacted directly for more timely sources of information and/or availability of current updates, releases, data, products and services.

Links to Third-Party Sites / Outbound Links

Geografx Digital Mapping Services strives to provide secure, exceptional services and associate only to websites that share our high standards of decency, fairness, integrity and that these websites are safe for kids.  In general, we do not engage in many direct link practices. Periodically, Geografx Digital Mapping Services may provide direct links to its affiliates or Service Providers web sites outside the Site that are not owned or controlled by Geografx Digital Mapping Services.

 

Despite our best efforts of linking to websites we deem reliable, we do not operate these website and have no control over and assume no responsibility for their content, links, pages, privacy policies, other related policies or practices of any third party websites or services. If you visit another website, it is at your own risk and you should take all protective measures to safeguard yourself, review their terms and conditions, privacy policy, and other related policies to understand their information collection practices, including how they may use cookies.

 

Links we provide do not imply that Geografx Digital Mapping Services and its Service Providers sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Geografx Digital Mapping Services, its affiliates or Service Providers. 

 

You acknowledge and agree that Geografx Digital Mapping Services and its Service Providers are not responsible or liable, directly or indirectly, for any damage or loss caused or any other transactions made or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such third party websites and/or services.

 

Links from Third-Party Sites / Inbound Links

Geografx Digital Mapping Services reserves the right to refuse or reject link privileges to this Site at any time.  You, the user agree to disable or remove links to our Site upon our request. You may link to our Site from another website, only if the link: (i) is provided in text-only format; (ii) is displayed as text and reads as "Geografx Digital Mapping Services" or "www.geografx.com"; (iii) points only to the home page (http://www.geografx.com) and not to any other deep page or web page of the Site; (iv) does not use deep links, hotlinks, inline linking, or piggy-back linking methods; (v) does not use any of Geografx Digital Mapping Services, graphics, logos, icons, designs, phrases, slogans, trademarks other service marks in our along with the link, including any source codes, coding or tags, without written permission from Geografx Digital Mapping Services; (vi) is not used in any manner that infringes on any intellectual property or any other proprietary rights; (vii) does not imply that Geografx Digital Mapping Services or its Service Providers, sponsors, endorses, is affiliated or associated with your website, business, practice, products or services; (viii) is not used to display, embody, incorporate or frame, in whole or part, the Contents of our Site and when clicked on or engaged the link opens and displays the Site, in a full screen independent navigable browser; (ix) is not used in a context or presented in a manner that to damage, dilute, defame, disparage, falsely represent, detract, mislead or depreciate the goodwill associated with Geografx Digital Mapping Services, its business, directors, officers, representative, agents, contractors, third party suppliers, partners, affiliates or licensors; (x) is not from any website that contains content that is controversial, offensive, distasteful, slanderous or discriminatory based on grounds of age, race, ethnicity, origin, religion, gender, sexual orientation or disability; and (xi) is not from any website that violates any provincial, state, federal or International law, or is engaged in unlawful behaviour.

 

Advertising and Regulatory Bodies

If any advertising is used on this Site, it will be clearly marked as advertising or a sponsorship. Geografx Digital Mapping Services endorses the regulatory guidelines of the Canadian Marketing Association (CMA) and Advertising Standards Canada (ASC). These governing bodies help protect children to ensure a safe and friendly online experience.

Registration, Accuracy of Account Information and Password

When you register or create an account with us, you must provide us information that is accurate, complete, and current at all times, for all purchases made. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your account on our Site.

 

You are responsible for safeguarding and maintaining the confidentiality of the registration information, the log-in and the password that you use to access the Site and for any activities or actions under your account, registration, log-in or password, whether or not authorized by you, whether your account information is with our Site, or a third-party web service.

 

You agree not to disclose your password to any third-party. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

We reserve the right to decline any order you place with us that, in our sole discretion, appear to be placed by unauthorized users or use-case scenario, applications, distributors or resellers.

 

Online Purchases

If you wish to order or purchase any product or service made available or accessible through the Site, you may be asked to supply certain sensitive personal information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete; and that (iii) you are not using the products or services for illegal or unauthorized purpose including without limitation, violation of any law in your jurisdiction; and that (iv) you are not transmitting any code, viruses or worms of a destructive or disruptive nature.

 

By submitting such information, you grant us the right to provide the information to third party payment card processing services, for purposes of facilitating the completion of purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description, license fee or price of the product or service, error in your order or other reasons.

 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the purchase to complete, or any resulting loss or damages to you.

Termination of Site Access and Accounts

We reserve the right, in our sole discretion, to terminate access or disable accounts to this Site, at any time, including without limitation to any breach of the Terms of Use, suspicious activity or for any reason whatsoever.  In the event of termination, all provisions of the Terms of Use shall survive termination, including without limitation proprietary rights, disclaimers of warranty, indemnity and limitations of liability.

 

Privacy Policy

Any of your non-personal and personally identifiable information which Geografx Digital Mapping Services collects from this Site is subject to the terms of our Privacy Policy, which governs the use of any non-personal or personally identifiable information you provide to us.

 

User Communications, Unsolicited Ideas and Other Submissions

Geografx Digital Mapping Services welcomes customer feedback, product ideas and suggested improvements. Subject to our Privacy Policy and any non-disclosure agreement with us or applicable law, any other types of suggestions, inventions, ideas, product development or improvements,  (collectively, "Communication") sent by you to this Site or otherwise, but not limited to e-mail, online comments, posted messages or feedback, you agree (i) the Communication is non-confidential and Geografx Digital Mapping Services is under no obligation to refrain from adopting, reproducing, distributing,  publishing or otherwise using them in any way or for any purpose; (ii) Geografx Digital Mapping Services shall be free to use the Communication, including without limitation, any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation, product invention, developments, improvements and/or marketing goods, Content, Services and the Site; (iii) Geografx Digital Mapping Services is under no obligation to respond to any Communication or otherwise, but not limited to e-mail, online comments, posted messages or feedback; (iv)not to assert any ownership or proprietary right of any kind in such Communication, including without limitation, copyright, trade-mark, patent, unfair competition, moral rights, or implied contract; and (v) you hereby waive the right to receive any royalty or financial compensation or other consideration in connection with such Communication, including without limitation, acknowledgment of you as the source of such Communication.

 

Disclaimer of Warranty

GEOGRAFX DIGITAL MAPPING SERVICES STRIVES TO PROVIDE RELIABLE HIGH-QUALITY INFORMATION, BEST AVAILABLE, ACCURATE DATA PRODUCTS, EXCEPTIONAL SERVICES AND LINKS TO WEBSITES THAT SHARE OUR HIGH STANDARDS OF DECENCY, FAIRNESS, AND INTEGRITY.  EVEN THOUGH, THE SITE AND ITS CONTENT IS DEEMED TO BE RELIABLE AND OR PROVIDED BY HIGH QUALITY SOURCES, GEOGRAFX DIGITAL MAPPING SERVICES, ITS AFFILIATES AND SERVICE PROVIDERS DO NOT MAKE, AND EXPRESSLY DISCLAIM ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND REGARDING THE SITE, OR ITS CONTENT OR EACH LINKED WEBSITE AND ASSOCIATED TECHNOLOGY.  ANY PURPORTED APPLICABLE WARRANTIES OR TERMS ARE EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. THE SITE AND ITS CONTENT AND EACH LINKED WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREE FROM ERRORS OR COURSE OF PERFORMANCE.

 

GEOGRAFX DIGITAL MAPPING SERVICES, ITS AFFILIATES AND SERVICE ALSO DO NOT WARRANT THAT: (I) THE SITE WILL FUNCTION UNINTERRUPTED, TIMELY, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY ERROR OF DEFECTS WILL BE CORRECTED; (III) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) CONTRIBUTION OF THIRD-PARTY SUPPLIER CONTENT AND CONTEXT IS ERROR-FREE; (V) THE RESULTS OF USING THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS.  THE INABILITY TO USE, OR RELY ON THIS SITE OR ITS CONTENT SHALL BE AT YOUR SOLE RISK.

 

Limitation of Liability

YOU ASSUME ALL RISK FOR YOUR ACCESS AND USE OF THE SITE AND ITS CONTENTS.  IN NO EVENT SHALL GEOGRAFX DIGITAL MAPPING SERVICES, ITS AFFILIATES, SERVICE PROVIDERS AND THEIR RESPECTIVE OWNERS, PRINCIPALS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBCONTRACTORS, THIRD PARTY SUPPLIERS, PARTNERS, LICENSORS OR WEB-RELATED PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ECONOMIC LOSS,DSDS LOSS OR DAMAGE TO INFORMATION, ELECTRONIC MEDIA OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, REPLACEMENT COSTS, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) YOUR ACCESS OR USE OF THE SITE, CONTENT OR SERVICE PROVIDER; OR (II) YOUR INABILITY TO ACCESS OR USE THE SITE, CONTENT OR SERVICE PROVIDER; OR (III) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON OR RELATED TO THE SITE, CONTENT OR SERVICE PROVIDER; OR (IV) ANY PRODUCT, DATA OR INFORMATION PROCURED, WITHOUT LIMITATION TO ERRORS AND OMISSION IN ANY PRODUCT PROCURED OR CONTENT OBTAINED FROM OR THROUGH THE SITE, CONTENT OR SERVICE PROVIDER; OR (V) THE UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER CLAIM IN LAW, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GEOGRAFX DIGITAL MAPPING SERVICES, ITS AFFILIATES, SERVICE PROVIDERS AND THEIR RESPECTIVE OWNERS, PRINCIPALS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBCONTRACTORS, THIRD PARTY SUPPLIERS, PARTNERS, LICENSORS OR WEB-RELATED PROVIDERS, FROM AND AGAINST ANY CLAIMS, LOSSES, DAMAGES, OBLIGATIONS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION TO REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM YOUR USE OF THE SITE; ANY COMMUNICATION YOU POST, UPLOAD OR E-MAIL TO GEOGRAFX DIGITAL MAPPING OR TO THE SITE; ANY ACTIVITY RELATED TO YOUR ACCOUNT; OR ARISING OUT OF YOUR BREACH OF THESE TERMS AND USE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE; OR YOUR VIOLATION OF ANY LAW, THIS INCLUDES ANY NEGLIGENT OR ILLEGAL CONDUCT BY YOU, ANY PERSON OR ENTITY ACCESSING YOUR ACCOUNT WHETHER SUCH ACCESS IS OBTAINED VIA FRAUDULENT OR ILLEGAL MEANS.

 

No Waiver

Geografx Digital Mapping Services failure to insist upon or enforce strict performance of any provision of the Terms of Use or any right shall not be construed as a waiver of any such provision or right. If you breach any of these Terms of Use and Geografx Digital Mapping Services chooses not to immediately act, or chooses not to act at all, Geografx Digital Mapping Services will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms of Use. Geografx Digital Mapping Services does not waive any of its rights. Geografx Digital Mapping Services shall not be responsible for any purported breach of these Terms of Use caused by circumstances beyond its control. A person who is not a party to these Terms of Use shall have no rights of enforcement.

 

No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Geografx Digital Mapping Services.

 

Assignment

Geografx Digital Mapping Services may assign its rights and duties under these Terms of Use to any party at any time without notice to you. You may not assign or otherwise transfer any of your rights and duties under these Terms of Use to any party at any time.

 

Severability

If for any reason any provision of these Terms of Use or portion thereof to be unenforceable, or unlawful, that provision shall be enforced to the maximum extent permitted by applicable law, and the unenforceable portion shall be severed from the Terms of Use, and the remainder of the Terms and Use shall continue in full force and effect.

 

Access from Other Jurisdictions

Geografx Digital Mapping Services makes no representation or claims that the Content on the Site is appropriate or permitted or available for use at any locations or countries outside Canada. Accessing the Content from locations or countries where the Content and use of the Site is considered illegal is prohibited. Those who choose to access this Site from other locations and countries do so, on their own initiative and are responsible for compliance with laws in your jurisdiction.

 

Governing Law

This Site is controlled and operated by Geografx Digital Mapping Services from its offices within the Province of Ontario, Canada.  By accessing this Site, you agree that all matters relating to the access to, use of or Terms of Use shall be governed by, construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws. You agree to submit to the exclusive jurisdiction of the Province of Ontario with respect to such matters.  You also agree the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded, and does not apply to the Terms of Use, the Site or its Contents, or any digital information products or service offerings.

 

Language

The Terms of Use has been drafted in the English language at the express request of the parties.  In the event the Terms of Use is translated into other language and there are inconsistencies with the translated version, the provisions of the English version shall prevail and control.

 

Additional Terms

Additional terms and conditions may apply when you use other third party suppliers, partners, affiliates, licensors, web-related service providers or software on or through a link provided on the Site.  

By using such link or areas, or any part thereof, you agree to be bound by the additional terms and conditions applicable to such areas.  The relationship between you and Geografx Digital Mapping Services is solely that of independent contractors and neither party shall have any authority to act for or bind the other party.

 

Entire Agreement

These Terms of Use apply exclusively to your use of this Site and its Contents and constitute the entire agreement between Geografx Digital Mapping Services and you and supersede all prior Terms of Use, communications, representations or agreements, either oral or written, between Geografx Digital Mapping Services or its affiliates and you with respect to this Site.  No changes to the Terms of Use shall be made except by a revised posting on this page and its Effective Date.

Contact 

Should you have any questions about the Terms of Use, please e-mail us at support@geografx.com.

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All other trademarks and trade names are properties of their respective owners.