Terms of Use
Terms of Use |
| Restrictions on use |
This Web site is owned and operated by Infusion Development
Corporation. By accessing or using this site, you agree to the terms set forth
in this Terms of Use agreement as changed from time to time. Infusion
Development Corporation retains the right, at its discretion, to change any of
these terms in the future. |
| Ownership of Copyright |
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This site contains material that is owned or licensed by
Infusion Development Corporation. You may freely copy and use sample computer
code found on this site. Provided that you retain any and all copyright,
trademark and other proprietary notices, you may copy other material for your
personal, non-commercial use. You may not copy, reproduce, upload, post,
distribute, republish, retransmit, or modify in any way any the structure,
computer code, and software pertaining to the functioning of the site.
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| Exclusion of Liability |
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YOUR USE OF THIS WEB SITE IS "AS IS", AND INFUSION
DEVELOPMENT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT
ITS SITE OR THE MATERIAL CONTAINED OR REFERRED TO ON IT, AND WILL NOT BE HELD
LIABLE IN ANY WAY FOR YOUR USE OF IT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, INFUSION DEVELOPMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. INFUSION DEVELOPMENT FURTHER DOES NOT WARRANT THAT ITS WEB
SITE OR THE PRODUCTS AND MATERIALS CONTAINED ON SUCH SITE ARE ERROR-FREE, OR
THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM WHICH IT IS
RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES. UNDER NO
CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL INFUSION DEVELOPMENT OR ANY
AFFILIATED COMPANY OR INDIVIDUAL BE HELD LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING
WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, AND DAMAGES ARISING FROM LOST
DATA, COMPUTER VIRUSES, DELETION OF FILES OR BUSINESS INTERRUPTION) ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OF THE MapPoint Multi-Platform Assistance Center.COM SITE,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE NAME
TO BE DETERMINED.COM SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. INFUSION DEVELOPMENT RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY
TIME ANY ASPECT OR FEATURE OF THIS WEB SITE.
Because some states do not permit the exclusion or limitation
of liability for consequential or incidental damages, the above limitation may
not apply to you.
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| Links to Other Web Sites |
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Infusion Development Corporation may provide links with other
internet sites that are maintained by third parties, and may from time to time
provide materials from such third party sites on this Web site. Neither Infusion
Development Corporation, its subsidiaries or affiliates in any way control the
material contained on or the services or products offered through such third
party sites. These terms and conditions apply solely to the NAME TO BE
DETERMINED site and you should always review the terms and conditions of any
site that you access through a link from this site.
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| Indemnity |
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You agree to defend, indemnify and hold Infusion Development
Corporation and any affiliated company or individual harmless from any and all
liabilities, costs and expenses, including reasonable attorneys' fees, related
to any violation of these Terms by you or your authorized users, or in
connection with the use of the Web site or the Internet or the placement or
transmission of any message or information on this Web site by you or your
authorized users. Infusion Development Corporation shall provide notice to you
promptly of any such claim, suit or proceeding and shall reasonably cooperate
with you, at your expense, in your defense of any such claim, suit or
proceeding.
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| Termination |
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This agreement may be terminated by Infusion Development
Corporation at any time without notice. In the event of termination, you are no
longer authorized to have access to the site, and all limitations on Infusion
Development Corporation's liability and on your use of MapPoint Multi-Platform Assistance Center
material shall survive. |
These Terms and Conditions, along with any additional rules
or conditions referred to herein and the Infusion Development Corporation
Privacy Policy, constitute the entire agreement and understanding between you
and Infusion Development as to your use of the MapPoint Multi-Platform Assistance Center Web site,
superseding all prior or contemporaneous communications and/or proposals. These
Terms and Conditions are severable, and in the event any provision is determined
to be invalid or unenforceable, such invalidity or unenforceability shall not in
any way affect the validity or enforceability of the remaining provisions. A
printed version of these Terms and Conditions shall be admissible in judicial or
administrative proceedings based upon or relating to use of the NAME TO BE
DETERMINED web site to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in
printed form.
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| Jurisdiction |
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This agreement shall be governed by the laws of the State of
New York without giving effect to its conflicts of law principles, and venue
shall be in the state or federal courts located in the State of New York. If any
provision of this agreement is deemed unlawful, void or unenforceable, then such
provision shall be severed from the agreement and the remainder of the agreement
shall remain in effect.
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