AvantLogic provides an online web application to create and maintain MapsAlive tours and hosts these tours for specific periods of time (“Services”). Unless explicitly stated otherwise, any new features that augment or enhance a current Service, including the release of new software or features, shall be subject to the Terms of Service herein.
Acceptance of Terms
These Terms of Service (“Terms of Service”) govern your access to, and use of, the MapsAlive website (the “Site”), MapsAlive Tours (the “Tour”), and any information, postings, messages, text, graphics, files, photos, videos, sounds, images, or other materials posted to, appearing on, or transmitted through the Site (the “Content”). This is a legal agreement between you and AvantLogic Corporation. Please read these Terms of Service carefully. By accessing and using the MapsAlive website and any services provided you agree to the Terms of Service.
AvantLogic may revise these Terms of Service from time to time. AvantLogic will provide notice of materially significant changes to the Terms of Service by posting a notice on the Site. All modified terms and conditions shall be effective immediately upon posting on the Site. By continuing to access or use the Site, Content and/or Services after AvantLogic makes any such revision, you agree to be bound by the revised Terms of Service.
Refund and Cancellation Policy
AvantLogic is dedicated to customer satisfaction and we want you to be happy with your Tours. We will make every effort to resolve problems resulting from errors in the MapsAlive website or the creation and hosting of your Tours. Because you may sign up for a Free Trial Plan and use MapsAlive at no cost, you should have sufficient time to determine if MapsAlive will meet your needs prior to purchasing a Paid Plan. However, if your Tour does not work as described on the MapsAlive website we want to hear from you. Please send email to firstname.lastname@example.org.
We do not warrant that any tour you create will produce your intended results (sale of property, visitors to your restaurant, etc.). We are not responsible for the quality of content within your tour.
You may delete your MapsAlive Tour at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY TOUR THAT IS DELETED. AvantLogic reserves the right to modify this Refund and Cancellation Policy at its discretion at any time.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Modifications to Service
AvantLogic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AvantLogic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You are responsible for safeguarding the password that you use to access your member account. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify AvantLogic of any unauthorized use of your password.
All Content is the sole responsibility of the person from whom such Content originates. You agree that you are entirely responsible for all Content that you upload, post, email, or otherwise make available via the Site and/or Services. You understand that AvantLogic does not control and is not responsible for Content made available through the Site and/or Services, and that by using the Site and/or Services you may be exposed to Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will AvantLogic be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site and/or Services. You acknowledge that AvantLogic shall have the right (but not the obligation) in its sole discretion to modify, refuse, delete or move any Content that is available via the Site and/or Services. The Site, Content and Services are protected by copyright, trademark and other laws of the United States and foreign countries. All trademarks not owned by AvantLogic or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AvantLogic or its subsidiaries. You agree not to use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, any employee of AvantLogic, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
You acknowledge that AvantLogic may or may not pre-screen Content, but that AvantLogic and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, AvantLogic and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AVANTLOGIC CORPORATION, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES SHALL NOT BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, AND/OR SERVICES, LOSS OF DATA OR LOSS OF PROFITS, WHETHER OR NOT AVANTLOGIC HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MAPSALIVE WEBSITE, ITS CONTENTS OR OUR SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT AVANTLOGIC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, AVANTLOGIC WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF AVANTLOGIC TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT AND/OR SERVICES IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE PAID TO AVANTLOGIC FOR ACCESS TO AND USE OF THE SITE, CONTENT, AND/OR SERVICES, OR $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AVANTLOGIC AND YOU.
THIS SITE IS PROVIDED BY AVANTLOGIC ON AN “AS IS” AND “AS AVAILABLE” BASIS. AVANTLOGIC CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
Exclusions and Limitations
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Entire Agreement. The Terms of Service constitutes the entire agreement between you and AvantLogic and governs your use of the Service, superseding any prior agreements between you and AvantLogic with respect to the Service.
Choice of Law and Forum. The Terms of Service and the relationship between you and AvantLogic shall be governed by the laws of the State of Maine, USA without regard to its conflict of law provisions.
Waiver and Severability of Terms. The failure of AvantLogic to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.