Terms of Service

Effective: August 6, 2018

Thanks for using iamGIS. These Terms of Service ("Terms" or "Agreement") are a legal agreement between you and iamGIS Group, LLC ("iamGIS", "we", "our", or "us") and govern your use of our "Service(s)", namely all the text, data, information, software, graphics, photographs and more that we and our affiliates may make available to you (all of which we refer to as "Documentation"), including our websites and any services, plug-ins, software or other Downloadable Tools that we may provide through our websites: iamGIS.net, iamGIS.com, myGAMA.org ("Website"). iamGIS "User(s)" or "Customers" are those who have created an iamGIS account. An iamGIS "Viewer" is a person who visits the iamGIS Website but may or may not be an iamGIS User. "Customer Data" is all geospatial features, (such as points, lines, and polygons), and feature data.

If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into these Terms on behalf of such company or other organization ("Authorized User").

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THESE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. YOU SHALL NOT USE THESE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH IAMGIS.

Subject to these Terms, we grant you a limited, non-exclusive and non-transferable license to use and to display the Documentation and a limited, non-exclusive and non-transferable right to access and use the Service following the set-up of a User Account provided for you. You have no other rights in the Service and shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, permit any Authorized Users to: (i) copy, modify, or create derivative works of the Services or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or Documentation; or (v) knowingly use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. If you make copies of any portion of this Website while engaging in Permitted Purposes, or those activities that are not listed in the Unauthorized Activities section below, then you agree to keep on these copies all of our copyright and other proprietary notices as they appear on this Website.

Subject to these Terms, we also grant you a limited, non-exclusive, non-transferable license to download, install and operate any plug-ins, software, information, or other content that we may have specifically identified within the Website as available for download solely in connection with accessing the Website.

Our Service is not intended for and may not be used by individuals under 13 years of age. By using the Service, you affirm that you and all users for which you request a User Account are at least 13 years of age, and that all personal information provided is not falsified in any way.

Account Setup

To use the Website, you need a User Account established by iamGIS support. iamGIS reserves the right to terminate any User Account at any time.

To create an account, we collect registration-related information, which includes your email address and your name. Once you provide the required registration information, we alone shall determine whether or not to approve your proposed account. If approved, you shall be sent an email providing further details. For so long as you use the account, you agree to provide true, accurate, current, and complete information that may be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Website, whether directly or through any account for this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges. You agree to choose a strong and secure password(s) and maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for this Website has been breached in any way, you shall notify us immediately, and absolutely no later than twenty-four (24) hours after discovery of the issue, at support@iamgis.net.

Fees

All applicable fees are to be paid according to the fee schedule and terms as outlined in your Customer Agreement. Failure to pay according to the fee schedule and terms shall result in loss of access to the Services for all User Accounts under that Customer Agreement.

iamGIS does not own any of the data provided by any and all customers. However, if a Customer does not renew their annual software and support fee – iamGIS reserves the right to charge the yearly fee last paid by the specific Customer requesting data before providing data to the Customer.

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. iamGIS reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including, but not limited to, revoking your User Account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses, and traffic information, as allowed under our Privacy Policy. You agree to immediately, and absolutely no later than twenty-four(24) hours, notify iamGIS in the event that you are made aware of any unauthorized or illegal use of the Website.

Intellectual Property

Our Services may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos, and any and all intellectual property provided to Customer or any Authorized User in connection with the Services ("iamGIS IP"). Your use of our Services does not constitute any right or license for you to use such service marks/trademarks. Our Website is also protected under international copyright laws. The copying, redistribution, use, or publication by you of any portion of our Website is strictly prohibited. Your use of our Services does not grant you ownership rights of any kind in our Website or Materials. iamGIS reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the iamGIS IP.

Notices and Messages

By using the Services, you consent to receive emails from us. These emails may include notices about transactional information and other information concerning or related to the Services. These emails are part of your relationship with us. If you provide your phone number for text reminders, you also consent to receive SMS text notifications from iamGIS as prescribed by the Service.

You agree that any notices, agreements, disclosures, or other communications that we send you electronically shall satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary.

Third-Party Websites

Our Website may contain links to third-party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. iamGIS has no control over the legal documents and privacy practices of third-party websites, and by using them, you may be giving those third parties permission to use or control your information in ways iamGIS would not. As such, you access any third-party websites at your own risk.

Unauthorized Activities

To be clear, we authorize your use of the Services only for "Permitted Purposes." "Permitted Purposes" are generally defined as any use of the Services that is not listed as unauthorized or disallowed below or that is not reasonably disallowable in regular commerce or common industry practice. Any misuse of the Services as specified below is prohibited and, therefore, constitutes unauthorized use, which may result in the violation of various United States and international copyright laws, the deletion of your iamGIS User Account, or a block from the Services. Unless you have written permission from us stating otherwise, you are not authorized to use these Services in any of the following ways. (Note that these are examples only, and the list below is not a complete list of everything that you are not permitted to do):

The following are Unauthorized Activities and are not Permitted Purposes. Therefore, you are not allowed to use the Services:

Indemnification

You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold iamGIS, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners, and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees ("Losses"), resulting from any third-party claim, suit, action, or proceeding ("Third-Party Claim") that the Customer Data, or the use thereof in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights or violates any applicable law or regulation and any Third-Party Claims based on Customer’s or any Authorized Users’ (i) negligence or willful misconduct; (ii) use of the Services in a manner not authorized by this Agreement; (iii) use of the Services in combination with data, software, hardware, equipment, or technology not provided by iamGIS or authorized by iamGIS in writing; or (iv) modifications to the Services not made by iamGIS, provided that Customer may not settle any Third-Party Claim against iamGIS unless iamGIS consents to such settlement, and further provided that iamGIS shall have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.

Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND IAMGIS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. IAMGIS MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY DATA. IAMGIS SHALL HAVE NO LIABILITY FOR THE DATA OR LACK THEREOF, OR ANY DECISION MADE, OR ACTION TAKEN OR NOT TAKEN IN RELYING UPON ANY OF THE DATA STORED WITHIN THE SERVICE. IAMGIS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. IAMGIS MAKES NO WARRANTY OF ANY KIND THAT THE IAMGIS IP, OR SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, SHALL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR BE ERROR FREE. IAMGIS STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY INTEGRATIONS AND SERVICES PROCURED.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES ARE FREE OF PROBLEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

Limitation of Liability

IAMGIS SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICES OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY DOCUMENTATION TO OR FROM THE WEBSITE. IN NO EVENT SHALL IAMGIS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER IAMGIS WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

IN NO EVENT SHALL IAMGIS’S AGGREGATE LIABILITY OR IAMGIS’S INDEMNIFICATION OBLIGATIONS ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO IAMGIS IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND IAMGIS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY, EVEN IF IAMGIS HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Operational Bounds

We control and operate the Services from our headquarters in the United States of America and the entirety of the Services may not be appropriate or available for use in other locations. If you use the Services outside the United States of America, you are solely responsible for following applicable local laws.

iamGIS and you shall comply with all relevant United States export control laws and regulations. Without limiting the foregoing: (a) you acknowledge that the Services may be subject to the United States Export Administration Regulations; (b) you affirm that you are not, and you shall not (i) permit users to access or use the Services in a United States embargoed country; (ii) or permit users on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists; or (iii) permit users on the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list; and (c) you are responsible for complying with any local laws and regulations which may impact your right to import, export, access, or use the Services.

General Terms

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we may, at our discretion, communicate with you prior to terminating your access. We may also, at our discretion, provide you with recommended necessary corrective action(s), if possible. However, certain violations of these Terms, as determined by us, may require immediate termination of your access to this Website without prior notice to you.

Nothing in this Agreement shall be deemed or construed by the parties or any other entity to create an employer-employee relationship, agency, partnership, or joint venture between the parties. This Agreement shall be subject to and governed by the laws of the State of Indiana, without consideration of any conflicts of laws principles. The parties agree that the proper venue for any dispute under this Agreement shall be the state and/or federal courts located in Marion County, Indiana. If any of the provisions of this Agreement are for any reason held by any court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions herein shall remain in full force and effect. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which together shall constitute a single agreement.

By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms, together with our Privacy Policy, contain the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between iamGIS and you about the Services. Any definitions found in the Privacy Policy are hereby adopted by reference in this Agreement. The rights of iamGIS under our Terms shall survive the termination of this Agreement. No additional terms, conditions, consent, waiver, alteration, or modification shall be binding unless in writing and signed by both parties. Acceptance of any order by iamGIS is expressly limited to the terms and conditions of this Agreement. Any proposed additional or inconsistent terms or conditions, including those in or accompanying any Customer Agreement or other agreement or any other Customer document issued in connection with the sale or delivery of Products or Services is deemed by iamGIS to be a material change and is objected to and rejected by iamGIS. iamGIS's acceptance of any orders shall not constitute acceptance of any terms and conditions contained therein.

In no event shall iamGIS be liable to Customer, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond iamGIS's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, epidemics, contractor difficulties, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.

Unless Customer has specifically notified iamGIS to the contrary in writing (including via email to support@iamgis.net), iamGIS may disclose your company as a customer of iamGIS and may use your company’s name and logo on the Website and in iamGIS’s promotional content in accordance with Customer’s brand guidelines or related documentation if provided by Customer. iamGIS shall be granted a revocable, non-exclusive, non-sub-licensable, non-transferable, royalty-free right and license (the "Trademark License") to use, display and reproduce such party's name, logo, trademarks and service marks (the "Trademarks"). Both acknowledge that the other party's Trademark is and shall remain the exclusive property of such party.

Updates

We may amend our Terms at any time by publishing revised Terms on our Website and/or by sending an email to the address you gave us. These Terms are current as of the Effective Date set forth above. If any changes are made to these Terms, we shall post them on this page, so please be sure to check back periodically. If you continue to use iamGIS after those changes are in effect, you agree to the revised Terms. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse shall be to cease using this Website. iamGIS reserves the right to change any and all features of our Services, at any time, without notice.

Contact

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at support@iamgis.net.