WEBSITE TERMS AND CONDITIONS
Last Revised: February 26, 2016
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Site Terms") apply to your access to, and use of, the website owned and/or operated by DataSphere, Inc. ("DataSphere") located at www.landwatch.com (the "Site") and the real estate information and related services provided in connection therewith (the "Services"). You acknowledge that the Services provided by DataSphere involve the providing of information only, and that DataSphere is not a licensed broker and does not provide any brokerage or real estate services of any kind.
These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with DataSphere, or its subsidiaries or affiliates, for advertising, products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and DataSphere for violations of these Terms.
DataSphere reserves the right, at any time and in its sole discretion, to: (a) change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site; (b) change, modify or discontinue the Site or the Services; and (c) terminate or suspend your account and your license to use this Site, without any liability to you or any other person. Any changes or modification will be effective immediately upon posting of the revisions on the Site or otherwise providing you notice of such changes or modifications, and discontinuation of the Site or the Services or of your account and your license to use this Site may be without notice. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of all such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site and the Services. If you do not agree to the amended terms, you must stop using the Site and the Services.
You must agree to be bound by any modifications in order to continue using the Services. If you do not agree to the modifications, you must discontinue your use of the Services.
If you have any question regarding the use of the Site, please refer first to the Help Section. All other questions or comments about the Site or its contents should be directed to firstname.lastname@example.org.
for information on how DataSphere collects, uses and discloses personally identifiable information from its users.
2. PROPERTY LISTING TERMS AND CONDITIONS
By submitting a property listing to DataSphere or posting a listing on the Site, you agree to be bound by and accept the following terms. These terms are subject to change without prior notice at any time, in DataSphere's sole discretion so you should review them each time you submit or post a listing.
DataSphere agrees to use reasonable efforts to provide the following services to the listing real estate professional ("REP"):
- Posting of the REP's bona fide property listings on the Site;
- Unlimited content updates for the REP's listings; and
- Real time email leads delivered directly to the email address designated by the REP.
The REP represents and warrants the following to DataSphere: (i) the REP owns or otherwise controls all of the rights to the content that it posts on its website or that it otherwise provides to DataSphere; (ii) such content is accurate; (iii) use by DataSphere of the content supplied by the REP does not violate DataSphere's policies or any applicable law; and (iv) the REP will indemnify and hold harmless DataSphere and/or DataSphere's affiliates from and against any and all claims, damages or other liabilities suffered by DataSphere and/or DataSphere's affiliates as a result of the content supplied by the REP.
DataSphere agrees to use reasonable efforts to provide the following services to the listing real estate professional (REP):
- Valid, bona fide property listings for display on the Site;
- Regular updates for all such property listings;
- The right to upload and display on the Site information compiled or maintained by the REP relating to the regions or localities in which the REP's property listings are located;
- A non-exclusive, royalty-free, license permitting DataSphere and its affiliates and sublicensees to reproduce, publish, translate, refine, redesign, market, and display any and all content the REP provides to DataSphere throughout the world and in any media; and
- The right (but not the obligation) to use the name submitted by the REP in connection with the content provided by the REP.
DataSphere reserves the right (i) to edit or exclude any listings provided by the REP; (ii) to institute charges for its services and/or adjust its fee structure at any time upon no less than 45 days prior notice to the REP; and (iii) to terminate
these Site Terms at any time for any reason or for no reason.
DATASPHERE DOES NOT REPRESENT, WARRANT OR OTHERWISE GUARANTY THAT ADVERTISING ANY PROPERTY THROUGH ITS SERVICE WILL RESULT IN A TRANSACTION OR THAT ANY PERSON USING ITS SERVICE WILL BE SUITABLE OR QUALIFIED TO ENTER INTO ANY TRANSACTION. DATASPHERE DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES PROVIDED BY DATASPHERE AND THE TECHNOLOGY USED TO PROVIDE SUCH SERVICES, ALL OF WHICH ARE PROVIDED ON AN "AS-IS, WHERE-IS" BASIS. DATASPHERE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF WHATEVER KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH
THESE SITE TERMS OR WITH THE USE OR OPERATION OF THE SITE, AND THE REP EXPRESSLY AGREES THAT DATASPHERE'S LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF ONE HUNDRED DOLLARS ($100).
THESE SITE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PRIOR ORAL OR WRITTEN AGREEMENTS, UNDERSTANDINGS, NEGOTIATIONS OR PROPOSALS.
THESE SITE TERMS SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON.
3. REGISTRATION DATA AND SUBSCRIPTIONS
Unless you arrange to be separately invoiced by DataSphere, you must provide DataSphere with a valid credit card for payment of the Subscription Fees, and you hereby authorize DataSphere to charge the Subscription Fees in advance each payment period to such credit card until you have cancelled your subscription. In the event that the Subscription Fees are not paid on a timely basis, including due to an invalid credit card number, or you are otherwise in breach of
these Site Terms, DataSphere may, in addition to any other available remedies, suspend or terminate your account. Subscriptions may be cancelled by (a) emailing
; (b) calling customer support at (866) 905-8259; or (c) from the account management page when it is available. Cancellation will be effective upon receipt of confirmation from DataSphere that your Subscription has been cancelled. Subscriptions will automatically renew for an additional period equal to the original subscription period unless you request cancellation at least three (3) business days prior to the renewal date.
In order to register or use the Site or the Services, you must be 18 years of age or older. By registering or by otherwise accessing or using the Site or the Services, you represent and warrant that you are 18 or over and that all information you provide in the registration form is complete and accurate. DataSphere reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion.
In consideration of your use of the Site or the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to DataSphere, to keep it accurate, current and complete; and (d) immediately notify DataSphere of any unauthorized use of your account or password or any other breach of security and accept all risks of unauthorized access to the Registration Data and any other information you provide to DataSphere. If you received promotional or discount pricing (i.e., pricing below DataSphere's list prices, including any free trial) during the initial term, you may be charged list prices during any month-to-month extension period. In the case of a free trial, DataSphere may, in its sole discretion, notify you that your free trial is about to expire or has expired. Whether or not DataSphere elects to warn you about the expiration of your free trial, if you fail to cancel your subscription before the end of your free trial, you will be responsible for all charges applicable to the initial Agreement term in accordance with the terms set forth in the section above entitled "Authorization and Payment". If you are a current DataSphere subscriber to a specific service or have previously participated in a free trial for a specific service, you are not eligible to receive a free trial for the same service.
4. DATASPHERE REPORTS
DataSphere may from time to time make available to users, either for purchase or without change, copies of various reports it has created, compiled or obtained from third parties (the "DataSphere Reports"). With respect to any DataSphere Reports you downloaded from the site or otherwise obtain from DataSphere, you agree that such DataSphere Reports may only be used for informational, non-commercial and personal or internal business use and may not be shared with or distributed to any third parties, except as expressly authorized by DataSphere. You acknowledge that such DataSphere Reports are provided solely for general information and do not constitute real estate, legal, tax, accounting, investment or other professional advice. In addition, while DataSphere attempts to draw from sources it deems reliable and to provide reports that are accurate, such reports are dependent upon third party information and DATASPHERE CANNOT AND DOES NOT REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY SUCH REPORTS. THEREFORE, BEFORE ACTING ON ANY INFORMATION OR REPORTS OBTAINED FROM DATASPHERE, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL AND INDEPENDENTLY VERIFY ALL SUCH INFORMATION OR REPORTS. DataSphere Reports are non-returnable.
5. THIRD PARTY SERVICES
We may from time to assist you in locating, or provide links to or information regarding, third parties who provide real estate related services including without limitation appraisers or brokers who may assist you with the evaluation, listing and sale or purchase of property (the "Third Party Services"). DataSphere does not recommend or endorse any such Third Party Services and does not monitor or have any control over such Third Party Services. Therefore, DataSphere can make no guarantee as to the value, reliability, accuracy, completeness or performance of such Third Party Services or the results obtained therefrom, and DataSphere assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of such Third-Party Services.
6. COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated on the Site, the Site, the DataSphere Reports and all content and other materials on the Site, including, without limitation all property advertisements, text, photographs, designs, graphics, information, data, reports, software, sound and other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of DataSphere or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site, the DataSphere Reports, and the Site Materials and to print to hard copy portions of the DataSphere Reports and the Site Materials solely for your informational, non-commercial and personal use. Such license is subject to these Site Terms and, except as expressly authorized by DataSphere, does not include: (a) any resale or commercial use of the DataSphere Reports, the Site or the Site Materials therein; (b) the collection and use of any property advertisements, photographs or descriptions; (c) the distribution, public performance or public display of the DataSphere Reports or any Site Materials, (d) modifying or otherwise making any derivative uses of the DataSphere Reports, the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods, including without limitation sending any automated queries of any kind to the Site without the express written authorization of DataSphere; (f) downloading (other than the page caching) or uploading or posting to any website, bulletin board, blog or other electronic forum, service or network, any portion of the DataSphere Reports, the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the DataSphere Reports, the Site or the Site Materials other than for its intended purpose. Any use of the DataSphere Reports, the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of DataSphere, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
7. REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, DataSphere has adopted a policy of terminating, in appropriate circumstances and at DataSphere's sole discretion, subscribers or account holders who are deemed to be repeat infringers. DataSphere may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
8. COPYRIGHT COMPLAINTS
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent by sending a first-letter containing the following information to the address listed below:
- Your address, telephone number, and e-mail address;
- A description of the copyrighted work that you claim constitutes the infringement;
- A description of where the information is or was posted on the Site; and
- A signed statement by you under penalty of perjury that you are the copyright owner or are authorized to act on the copyright owner's behalf.
c/o DataSphere Legal
3350 161st Ave SE
Bellevue, WA 98008
Fax: +1 (425) 732-9863, Attn: DataSphere Legal
You may also contact us with the above information by sending email to:
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
DATASPHERE, LANDWATCH.COM and any logo or product or service name or slogan contained in the Site are trademarks of DataSphere and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DataSphere or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "DataSphere" or any other name, trademark or product or service name of DataSphere without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of DataSphere and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray DataSphere or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a DataSphere logo or other proprietary graphic of DataSphere to link to this Site without the express written permission of DataSphere. Further, you may not use, frame or utilize framing techniques to enclose any DataSphere trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without DataSphere's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of DataSphere or any third party.
DataSphere makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of DataSphere and DataSphere is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. DataSphere provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by DataSphere of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
11. THIRD PARTY CONTENT
DataSphere may provide third-party content and information on the Site as well as links to third-party Web pages (collectively the "Third Party Content") as a service to those interested in this information, including without limitation property photographs, data and advertisements provided by third parties. DataSphere does not routinely monitor or have any control over any Third Party Content, and DataSphere does not endorse or make any guarantee regarding any Third Party Content or its accuracy or completeness. DataSphere does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users access and use Third Party Content at their own risk. WITHOUT LIMITING THE FOREGOING, PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH THIS APPLICATION COMES FROM AMAZON WEB SERVICES. ALL SUCH CONTENT IS PROVIDED TO YOU "AS IS." THIS CONTENT AND YOUR USE OF IT ARE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME.
12. ADVERTISEMENTS AND PROMOTIONS
DataSphere may run advertisements and promotions from third parties on the Site or through email. Your business dealings or correspondence with, or participation in promotions of, advertisers other than DataSphere, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. DataSphere is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-DataSphere advertisers on the Site.
13. USER CONTENT AND USER CONDUCT
The Site includes interactive areas and services in which users may post or provide to DataSphere property advertisements, photographs, information, data, text, messages, sounds, graphics or other material or content ("User Content"), and may include other interactive areas and services such as discussion forums, chat rooms, message boards, online hosting or storage services (collectively the "Interactive Areas"). You are solely responsible for any User Content that you post on the Site or provide to DataSphere and for your use of any Interactive Areas and any User Content posted therein. You use the Interactive areas and the User Content contained therein at your own risk.
You represent and warrant to DataSphere that any property advertisements and photographs, contact information and other User Content you post on the Site or provide to DataSphere will be accurate and not misleading and will comply with all applicable laws, regulations and multiple listing service requirements (if applicable). You agree not to post, upload to, transmit, distribute, store, create or otherwise publish on or through the Site or provide to DataSphere any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, misleading, inaccurate or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting to the Site or otherwise providing to DataSphere any User Content, you represent and warrant that you have all necessary rights in such User Content to permit the User Content to be posted on the Site and to grant the rights granted in connection therewith;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited promotions, political campaigning, advertising or solicitations, including without limitation unsolicited commercial email (SPAM);
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of DataSphere, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose DataSphere or its users to any harm or liability of any type.
If you post User Content to the Site or provide such User Content to DataSphere for use on the Site, unless we indicate otherwise, you grant DataSphere and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You further grant users of the Site the right to access, reproduce, distribute, download and otherwise use such User Content as authorized in these Site Terms or otherwise on the Site. You grant DataSphere and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site, or to provide such User Content to DataSphere for posting on the Site, and to grant the rights granted herein in connection therewith; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Although you otherwise retain all rights to any User Content you submit, you acknowledge and agree that any questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, DataSphere or DataSphere's products or services that are provided by you in the form of email or other submissions to DataSphere, or any postings on the Site, are non-confidential and shall become the sole property of DataSphere. DataSphere shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless DataSphere, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you provide to DataSphere or post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against DataSphere and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY DATASPHERE, THE SITE, THE SERVICES, THE SITE MATERIALS, THE THIRD PARTY SERVICES AND ANY DATASPHERE REPORTS OR OTHER PRODUCTS PROVIDED BY DATASPHERE OR OTHERWISE OBTAINED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DATASPHERE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SERVICES, THE SITE MATERIALS, THE THIRD PARTY SERVICES, THE DATASPHERE REPORTS AND SUCH OTHER PRODUCTS. DATASPHERE DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS, THE THIRD PARTY SERVICES, THE DATASPHERE REPORTS OR THE OTHER PRODUCTS AND SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. DATASPHERE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS ON THE SITE, INCLUDING RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
DataSphere reserves the right to change any and all content contained in the Site and any Products and Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by DataSphere.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL DATASPHERE, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE SITE MATERIALS, THE THIRD PARTY SERVICES, THE DATASPHERE REPORTS OR OTHER PRODUCTS OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DATASPHERE OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DATASPHERE'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DATASPHERE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DATASPHERE FOR ACCESS TO OR USE OF THE SITE, THE SERVICES, THE DATASPHERE REPORTS OR FOR ANY OTHER PRODUCTS.
18. APPLICABLE LAW AND VENUE
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms that is not subject to arbitration (as set forth below) shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE SITE TERMS, THE SITE AND/OR THE PRODUCTS AND SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate the intellectual property rights of DataSphere or any third party or have otherwise violated any of the user conduct rules set forth in Section 10 above, then you acknowledge that arbitration is not an adequate remedy at law and that DataSphere may seek, in its sole discretion, injunctive relief or such other remedies as we deem appropriate.
Arbitration under these Site Terms shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding any of these Site Terms, DataSphere reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
OpenStreetMap provides the map features on the Site. The data is being made available under the Open Database License located at: www.openstreetmap.org/copyright
23. QUESTIONS & CONTACT INFORMATION
Questions or comments about the Site may be directed to DataSphere at the email address email@example.com
or by calling us at (866) 905-8259.
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