Terms of Use
(Last update: March 13, 2020)
This website is owned and operated by MapCraft Inc. which is a Delaware Corporation ("MapCraft," "us," "we," and "our"). This Terms of Use ("Terms") contains the terms and conditions that govern your use through our websites—including live.mapcraft.io, www.plan4dev.com, app.plan4dev.com, www.mapcraftlabs.com, and www.mapcraft.io—the services offered on such websites (the "Website"). Use of this Website constitutes your acceptance of and agreement to these Terms. We refer to you the user of or visitor to our Website as “you” and “yours” in this document. If You do not agree to be bound by these Terms, please promptly exit the Website.
Additionally, specific pages on the Website may set out additional policies, terms, and conditions, all of which are incorporated by this reference into these Terms.
You may email us via this website’s Contact Us page or write to us at 1254 Bates Rd, Oakland, CA 94610 at any time that you have any questions about these Terms or our Website or our Services.
I. NOTICES
THESE TERMS CONSTITUTE AN ENFORCEABLE CONTRACT BETWEEN YOU AND US. PLEASE READ THEM CAREFULLY.
Please note that these Terms provide that all disputes between you and MapCraft will be resolved by Binding Arbitration.
ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHTS TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) AND TRIAL BY JURY TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
Your rights will be determined by a neutral arbitration and not a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution and Arbitration for the details regarding your agreement to arbitrate any disputes with MapCraft. We too agree to give up our rights to go to court and trial by jury.
II. CHANGES
We may make changes to these Terms from time-to-time. We will notify you of any material changes by sending you an email, or posting a notice on the home page of the Website, or posting a notice in your account when you first login after we have made changes. If you receive notification of a change in our Terms, you must review the new Terms carefully to make sure you understand our practices and procedures. Your continued use of the Website following the posting of a change notice or new Terms on the Website will constitute binding acceptance of the changes. If you use our Website after the changes have been posted, you are bound by them.
III. SERVERABILITY
We reserve the right to make changes to the Service, policies and these Terms. If any part of these Terms is ruled to be invalid, void or for any reason unenforceable, then such part shall be deemed severable or limited to the minimum extent necessary. The remainder of these Terms shall remain and be in full force and effect.
IV. OUR SERVICES
We provide analytics to help create effective urban policies. Our application (“App”) provides cloud-based spatial calculators that allow collaborative working groups of investors, staff, or stakeholders to evaluate planning and development scenarios. Users access the tools using standard web browsers, allowing for communication of spatial information between internal teams or the public at large. The App is a spatial calculator on the web. Once geographies are loaded and calculations are specified, users can begin editing spatial data and seeing calculator results in real time.
V. MINORS/CHILDREN UNDER AGE OF 13
We will only knowingly provide the Services to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, please do not register or continue to use our Website or our Services. If you continue to use our Services or the Website, you certify that you are at least 18 years of age.
VI. USE OF OUR WEBSITE
You must comply with all of the terms and conditions of these Terms, the applicable agreements and policies referred to in these Terms, and all applicable laws, regulations, and rules when you use the Services and the Website. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (ii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization; or (ii) accessing or using the Website or any portion thereof without authorization in violation of these Terms or in violation of applicable law. You may not collect or use information contained on the Website for the prohibited purposes, to compete with us, to create derivative works based on the Content of the Website, or download or copy the Website (other than page caching).
You may use the Website and Services only as expressly permitted by MapCraft. You agree to not cause harm to the Website or Services, including, without limitation, not to: (i) interfere with the Website or Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the Services; (iii) use a robot, spider, or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters, or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Services; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain our name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Services; (viii) deep-link to any feature or content on the Website, bypass our security, robot exclusion headers, or other; or (viii) assist or encourage any third party in engaging in any activity prohibited by these Terms.
VII. COMMENTS AND OTHER SUBMISSIONS
You are responsible for whatever material you submit, including but not limited to the contents of the message, its reliability, originality, and compliance with intellectual property and other laws.
Unless we indicate otherwise, you grant us and our affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform publicly and display publicly in any media throughout the world any copyrightable material you submit. You further agree that we are free to use and disclose without restriction or payment any ideas, concepts, know-how that you provide to us, and that such material is non-confidential and becomes our exclusive property. You grant us and our affiliates the right to use the name you submit in connection with anything you submit, if we so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply.
We assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future programs or initiatives.
VIII. OWNERSHIP OF THE WEBSITE
All pages within this Website and any material made available for download are the property of MapCraft, or its licensors or suppliers, as applicable. The Website is protected by United States and international copyright and trademark laws. The contents of the Website, including, without limitation, the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Website (collectively, "Content") may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in these Terms or in writing by MapCraft. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, the Content, or other proprietary information (including images, text, page layout, or form) without our written consent. You are authorized to download these terms and any additional contract that you enter into with us. We reserve the right to modify the organization, structure, or "look and feel" of the Website or Services, and may change, suspend, or discontinue any aspect of the Website or Services at any time without any liability to you or any third party. We shall have complete and exclusive discretion over the features, functions, prices, and other terms and conditions on which the Website and Services are offered to you.
All brand, product, and service names used on the Website, which identify us or other third parties and their products are the proprietary marks of MapCraft and/or the relevant third parties. Nothing in these Terms shall be deemed to confer on any person any license or right on the part of MapCraft or any third party with respect to any such image, logo, or name. You shall not make any use of any MapCraft trademarks, logos, or trade dress without our prior express and written approval.
IX. USER NAME AND PASSWORDS
To access our Services, use our Platform and license our Software, you may be required to access a restricted portion of our Website. This requires you to provide us detailed contact information, including your company email address and to certify that you have the authority to enter into a contract for services on behalf of your company (“Registration”). You will be required to enter a valid email address as your user name and password ("Protected Areas"). You agree to access Protected Areas using only your account as provided to you by MapCraft. You agree to protect the confidentiality of your password, and not to share or disclose your password to any third party. You agree that you are fully responsible for all activity occurring under your account. You agree to indemnify and hold us harmless for any damages or costs that result from the use of your password. Your access to the Website may be restricted or revoked by us at any time with or without cause. You grant MapCraft the right to use the contact information that you submit in connection with any Registration. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any Registration that you make. MapCraft and its affiliates take no responsibility and assume no liability for your Registration or any content submitted by you with respect to such Registration.
X. INTEGRITY OF OUR WEBSITE
Although we attempt to ensure the integrity and accurateness of this Website, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Website, Services, or Content therein. It is possible that the Website could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or Content posted to the Website from any third party not affiliated with MapCraft. In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from third parties, we shall have the right to refuse or cancel any orders placed for the Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.
All of your information and other materials provided to us by you are subject to review and examination by us. Any and all images are subject to all applicable laws, and any perceived violations of law will be reported by us to the applicable law enforcement authorities. We reserve the right in our sole and absolute discretion to refuse to process or post any User Generated Content and other materials that we deem objectionable.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications, or any other information ("Submissions"), you grant us permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that we will have no obligation to keep any Submissions confidential. You will not bring a claim against us based on "moral rights" or the like arising from our use of a Submission.
XI. REPRESENTATIONS AND WARRANTIES
You represent and warrant to MapCraft (i) that you have the full power and authority to enter into and perform under these Terms, (ii) the execution and performance of your obligations under these Terms does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, and (iii) these Terms are a legal, valid, and binding obligation of you, enforceable in accordance with its terms and conditions. You represent and warrant to MapCraft that, in your use of the Website and Services, (i) you will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other legal right of any third party; (ii) you will comply with all applicable laws, rules, and regulations; (iii) there are no claims, demands, or any form of litigation pending, or to the best of your knowledge, threatened against you with respect to any of the User Generated Content or Submissions; (iv) MapCraft will not be required to make any payments to any third party in connection with its use of the User Generated Content or Submissions; (v) the use of any instructions, formulae, recommendations, or the like contained in the User Generated Content or Submission will not cause injury to any third party; and (vi) the User Generated Content or Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
XII. INDEMNIFICATION
You agree to indemnify and hold us, MapCraft, and our representatives, agents, affiliates, directors, officers, managers, and shareholders (the "Parties") harmless from and against any damage, loss, and expense (including, without limitation, attorneys' fees, expenses, and costs) incurred in connection with any third-party claim, demand, or action ("Claim") brought against any of the Parties (i) alleging that you have breached any provision of these Terms or any applicable laws, rules, or regulations through any act or omission, (ii) arising out of any User Generated Content you post or allow to be posted to the Website or any Submissions, or (iii) arising out of your use or access of the Website, or access by anyone accessing the Website using your account. For any indemnification under this Section, MapCraft will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without MapCraft' express written permission.
XIII. DISCLAIMERS
MAPCRAFT PROVIDES THE WEBSITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MAPCRAFT DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES, OR ITS USE: (I) WILL BE UNINTERRUPTED; (II) WILL BE FREE OF INACCURACIES OR ERRORS; (III) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. MAPCRAFT MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT.
MAPCRAFT DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEBSITE. THE INFORMATION IS NOT INTENDED TO BE USED AS THE BASIS OF ANY INVESTMENT DECISION BY ANY PERSON OR ENTITY. THE INFORMATION DOES NOT CONSITUTUTE INVESMENT ADVICE AND SHOULD NOT BE CONSIDERED A RECOMMENDATION BY MAPCRAFT INC. OR ANY INDIVIDUAL AFFILIATED WITH MAPCRAFT INC.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, INFORMATION OBTAINED THROUGH THE WEBSITE, WEBSITE-RELATED SERVICES, AND LINKED WEBSITES. MAPCRAFT DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
XIV. LIMITATION OF LIABILITY
MAPCRAFT AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MAPCRAFT TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE IS $100 (ONE HUNDRED DOLLARS).
XV. NOTICES
All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail; (ii) nationally-recognized overnight courier; or (iii) electronic mail. If you give notice to us, you must use the following addresses: Copyright Manager. MapCraft, Inc., 1254 Bates Rd, Oakland, CA 94610.. If we provide notice to you, we will use the contact information provided by you to us. All notices will be deemed received as follows: (a) if by delivery by U.S. mail, seven (7) business days after dispatch, (b) if by nationally-recognized overnight courier, on the date receipt is confirmed by such courier service, or (c) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
XVI. DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
If you have a concern about the Website, our Services, or any other issue with us, please call MapCraft’s customer service. In the unlikely event that MapCraft is unable to resolve a complaint you may have to your satisfaction, then you and MapCraft each agree to be bound by these dispute resolution procedures.
You and MapCraft each agree that any dispute, claim, or controversy arising out of or relating in any way to your use of the Website, your ordering of Products or Services from MapCraft or its affiliates through the Website, by phone, or through third-party websites offering MapCraft Products or Services shall be determined by binding arbitration.
BY AGREEING TO ARBITRATION, WE EACH UNDERSTAND AND AGREE THAT WE ARE GIVING UP OUR RIGHTS TO BRING AN ACTION IN COURT AND TO A JURY TRIAL. ARBITRATION IS MORE INFORMAL THAN COURT PROCEEDINGS. ARBITRATION USES A NEUTRAL ARBITRATOR TO DECIDE A DISPUTE INSTEAD OF A JUDGE OR JURY. AN ARBITRATOR'S AWARD IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES). AN ARBITRATOR IS ALSO BOUND BY THESE TERMS TO THE SAME EXTENT AS A COURT.
WE EACH ALSO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OF ANY NATURE OR IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS MEANS THAT YOU MAY NOT BRING A CLAIM ON BEHALF OF A CLASS OR ANY PERSON OTHER THAN YOURSELF. UNLESS OTHERWISE AGREED IN WRITING BY BOTH YOU AND MAPCRAFT, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT CONDUCT ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD RELIEF OTHER THAN ON AN INDIVIDUAL BASIS.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association ("AAA") describing your claim and serve a copy of the demand on our registered agent who you can obtain from the California Secretary of State or from our legal department. The arbitration will be conducted by the AAA under its Commercial Arbitration Rules and Mediation Procedures then in effect. AAA and the arbitrator will determine the appropriate rules that may apply as from time to time amended. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. MapCraft will reimburse those fees (but not any attorney's fees) for arbitration claims seeking less than $10,000 unless the arbitrator determines your claims are frivolous. Additionally, MapCraft will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location. The arbitrator shall be bound by these Terms.
As an alternative to arbitration, you may elect to submit a claim to a small claims court if the claim qualifies, but any filing or other fees will be your responsibility.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim in court would be decided by a judge, not a jury.
We also each agree that you or MapCraft may bring suit in court to seek temporary provisional relief such as to enjoin infringement or other misuse of intellectual property rights.
Finally, we each agree that these Terms evidences a transaction in interstate commerce, and thus the Federal Arbitration Act and applicable federal law governs the interpretation and enforcement of these Terms and any claims arising out of or relating in any way to your use of the Website and Services. In the absence of applicable law, then the internal laws of the State of California (without regard to conflict of laws principles) will govern. We agree that any arbitration or lawsuit brought hereunder will be brought in the City of San Jose, California.
Notwithstanding anything to the contrary, you may opt out of Arbitration, by emailing notice to us via our Contact Us page or writing to us at 1254 Bates Rd, Oakland, CA 94610 within 30 days of using our Website or Services. If you do not give such written notice, you will be required to arbitrate any Claims against us in accordance with the above-stated provisions.
XVII. RESELLERS
If you want to resell our Services, please contact us via this form. You may not resell our Services unless you register as a Reseller.