PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING "MAPDWELL.COM"
Your use of the Mapdwell's application/s, website/s, and database/s (collectively, the "Site") as developed by Mapdwell LLC ("Mapdwell") is subject to the following Terms of Use.
If you do not agree with these Terms of Use, please do not use the Site. Your use of the Site indicates your acceptance of these Terms of Use. If we make any material changes to these Terms of Use, those changes will be posted here so that you are always aware of our Terms of Use. Since these Terms of Use may change from time to time, you should check back periodically. Your continued use of the Site following the posting of changes to the Terms of Use indicates your acknowledgement and acceptance of such changes.
APPROVED USE:
(1) Mapdwell hereby grants you a nonexclusive, nontransferable license to access and use the Site solely for personal, noncommercial, educational/research purposes in accordance with these Terms of Use. Use of the Site for commercial purposes, including without limitation use in furtherance of research and development activities performed for a commercial entity, is strictly prohibited unless specified otherwise or with written permission from Mapdwell. Use of the Site for for unlawful, illegal, or otherwise unethical activity in any jurisdiction, is strictly prohibited. You may not reverse engineer, deconstruct, or disassemble any components of the Site.
(2) Interaction and Information Upload: Some features enable user interaction and information upload by filling out forms available on the Site. Any data you upload to the Site will be incorporated into Mapdwell's database/s. Personal information will not be shared outside of Mapdwell, and will not be displayed on the Application/s unless you choose to do so. Mapdwell reserves the right to verify data and publish it the Site, and/or it's application/s, solely based on its own verification.
USE OF THE DATA UPLOAD FUNCTION IS AT YOUR OWN RISK. While we will take reasonable precautions to ensure that the Site is secure, we cannot guarantee, or otherwise prevent, exposure, access, or hijack of your data by an unauthorized third-party during the loading process or while your uploaded data reside in the Mapdwell's database or databases. Any loss, exposure, or damage of data is strictly at your own risk.
(3) Acknowledgement: If you use the Site for research, you agree to acknowledge the contribution of the Site and Mapdwell in any publication relating to the research. Please indicate that any content is "© Mapdwell LLC. All rights reserved."
PAYMENT:
Access to the Service, or to certain features of the Service, may require you to pay fees. All fees are in U.S. Dollars and are non-refundable. Mapdwell may change the fees for the Service or any feature of the Service, including by adding fees, on a going-forward basis at any time. Mapdwell will charge the payment method you specify according to the specific subscription plan you select. Plans are billed monthly and include automatic auto-renewal. You authorize Mapwell to charge all sums as described in these Terms, for the Service you select, to that payment method. If you pay any fees with a credit card, Mapdwell may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
INTELLECTUAL PROPERTY AND OWNERSHIP NOTICE:
Excluding imagery and logos provided by individual subscribers, the Site and all materials published on the Site, including, but not limited to, images, logos, all Site software, text, graphic material, or other copyrightable elements, the selection and arrangements thereof, and trademarks, service marks, trade names and any other intellectual property related to the Solar Tool are the property of Mapdwell or licensed by Mapdwell. Except for Approved Uses, you are prohibited from reproducing, modifying, or otherwise using any Content without the express written consent of Mapdwell.
ACCURACY AND DATA INTEGRITY:
While we attempt to ensure the integrity and accuracy of the Site, we do not guarantee correctness or accuracy of such contents. Inaccuracies may include, but are not limited to, typographical errors, inaccuracies in data presentation, additions or deletions, or Site alterations by an unauthorized third-party. In the event that you become aware of any inaccuracy, please contact us. Please be aware that the Site may change without notice.
DISCLAIMER AND LIMITATION OF LIABILITY:
You hereby agree not to hold Mapdwell, any of Mapdwell Solar System's subscribers, or any of the partners, their affiliates, and their respective officers, directors, employees, agents, and representatives liable for any services delivered which originated through the Site or were otherwise provided by someone affiliated with the Site and you hereby release all such persons from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.
THE MATERIALS IN THE SITE, INCLUDING BUT NOT LIMITED TO THE DATABASE/S, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAPDWELL LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, MAPDWELL LLC MAKES NO REPRESENTATIONS OR WARRANTIES (i) OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, (ii) THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR (iii) THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU HEREBY SPECIFICALLY ACKNOWLEDGE THAT MAPDWELL LLC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES ARE NOT LIABLE FOR THE ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL MAPDWELL LLC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL SUCH PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.
INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless Mapdwell, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against all claims, losses, expenses, liabilities, damages, and costs (including attorneys' fees) arising out of or relating to from your (a) use of the Site, (b) violation of any third party right, or (c) breach of any of these Terms of Use. Mapdwell reserves the right to assume, at its own expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Mapdwell in asserting any available defenses. In any event, you agree not to settle any such matter without the prior written consent from Mapdwell LLC.
JURISDICTION:
These Terms of Use and all matters or issues collateral thereto will be governed by, construed, and enforced in accordance with the laws of the State of Massachusetts applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State.
