RM Acquisition, LLC d/b/a Rand McNally and its affiliates (herein collectively referred to as "Rand McNally,” "we," "us," or "our," except where noted), operates and owns this web site. Rand McNally provides this web site as a service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By using this web site, you agree to the following terms.
The following is the Agreement made between you and Rand McNally:
1. DESCRIPTION OF SERVICE
Rand McNally provides you, through its web site(s) access to various resources, including various navigation tools, an online store, company and product information, etc., which may be accessed through various media or devices now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Rand McNally to provide the Service. You also understand and agree that the Service may include certain communications to registered users from Rand McNally, such as service announcements and administrative messages and that these communications are considered part of Rand McNally’s Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Rand McNally assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
2. YOUR ACCOUNT, PASSWORD, AND SECURITY
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you choose to create an account with us, you also agree to provide true, accurate, current and complete information about yourself as promoted by the Service’s registration form. As part of the online registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any password you use to access the Service, and agree that Rand McNally will have no obligations with regard thereto.
3. RESTRICTIONS ON USE
a) You may print out any of the materials from this web site for your personal, non-commercial use only, and not for re-sale, provided you keep intact all copyright and other proprietary notices. Accordingly, you may copy this information only as necessary for your personal use to (i) view it on your screen, and (ii) save a single copy on your hard drive or disk, provided that you do not remove any copyright notices that appear and do not modify the information in any way, and/or (iii) print a copy for personal use. You may not otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any materials from this web site, and may not republish, upload, post, transmit, loan, rent, transfer, sell or otherwise distribute any materials from this web site in any form, for any purpose. The use of any such materials on any other web site or network computer environment is also prohibited. If you use the materials other than as permitted in this license, you will be violating Rand McNally's copyright and other proprietary rights.
Without limiting the foregoing, unless you are specifically authorized or licensed by Rand McNally, you may not use information contained in this web site with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications. You also may not use this information with or in communication with any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.
b) Linking directly into Rand McNally’s maps and directions results pages (“RMC M&D”) â passing address or locations parameters to return a result -- is restricted. Only private individuals, non-profit organizations, and small businesses are permitted to link their web site to RMC M&D. No more than 5,000 RMC M&D may be viewed annually through links to your web site or web sites. Under no circumstances may you resell RMC M&D, nor may you provide RMC M&D as a service bureau or as a time share provider. RMC M&D may not be used for or provided with a real time route guidance or dispatch operation. You may not use RMC M&D in connection with any devices or systems which include geographic information systems or geographic data that enable occasional or continuous position determination (for example, GPS). While linking to RMC M&D, you may not (i) engage in deceptive, misleading, unethical or immoral practices that are or might be detrimental to Rand McNally or any other party; (ii) make any false, derogative or misleading representation with regard to Rand McNally or its products or services; and (iii) engage in illegal or deceptive trade practices with respect to RMC M&D. Rand McNally does not provide technical support to users who link their web sites to Rand McNally Maps and Directions on randmcnally.com. If your organization needs to provide RMC M&D without some or all of these restrictions, please contact us at firstname.lastname@example.org.
c) By linking to and use of any aerial, satellite imagery, real estate parcel attribute data and any other associated information provided by DigitalGlobe, Inc. located on the website you agree to the DigitalGlobe End User License Agreement.
c) randmcnally.com contains links to web sites not under our control. Although we try to choose web sites that will be helpful to you, we are not responsible for the quality, safety, completeness, accuracy, or nature of the content of such web sites and we cannot guarantee that such content may change without our knowledge. We provide these links simply as a convenience to you and this convenience should not be considered an endorsement by us of these web sites or the companies who own them.
4. EMAIL SERVICE
a) As part of the Service, Rand McNally provides services that allow users to generate email messages (that may include links to maps, directions, or other web site services or information) from our web site. Other than as otherwise defined in the TOS, Rand McNally is not affiliated with the sender or recipient of any of these email messages. When using these email message services, you specifically agree that Rand McNally is not responsible or liable to you or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit or otherwise objectionable conduct or speech of any other party on or through the web site, or for any infringement or violation of another's rights by any other party on the web site, including but not limited to intellectual property rights, rights of publicity, or rights of privacy. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
b) Rand McNally reserves the right, but does not assume the responsibility to monitor, filter, or review conduct by users of the web site.
c) By using the Service you agree not to: 1) Transmit through the web site any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature; 2) Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the web site; 3) Transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; 4) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; 5) Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
d) You will not use the Service for chain letters, junk mail, "Spamming" or any use of distribution lists to any person who has not given specific permission to be included in such a process.
e) You are solely responsible for any text, ("Content") which is transmitted by you through the web site, including but not limited to the contents of your email communications through the web site.
f) Rand McNally reserves the right to disable your ability to transmit information using the web site if you violate any of the above terms.
5. COPYRIGHT AND LICENSES
This web site is protected by copyright, and is further subject to the following terms and conditions which are agreed to by you, on the one hand, and Rand McNally and its licensors (including their licensors and suppliers) on the other hand.
© 2006-2013 RM Acquisition, LLC d/b/a Rand McNally. All rights reserved.
Portions © 2012 NAVTEQ. All Rights reserved. The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario, © Canada Post Corporation. GeoBase©.
Portions © 1995-2013 DigitaGlobe Inc. All rights reserved.
6. SUBMISSION OF INTELLECTUAL PROPERTY
Rand McNally values user and customer feedback on our products and services, but we request that comments on those products and services be specific and not include any creative ideas, suggestions, or materials. Rand McNally does not accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. Please do not submit any original creative materials, such as new product or service ideas, or manuscripts. Any such materials submitted without a specific request from us will become the exclusive property of Rand McNally and its affiliates and we will have no obligation either to compensate you or to keep such materials confidential.
7. LIABILITY AND DISCLAIMERS
NEITHER RAND MCNALLY NOR ANY OF ITS AFFILIATES OR LICENSORS WARRANT THAT THIS SERVICE, THE SERVER THAT MAKES IT AVAILABLE, OR THE FUNCTIONS CONTAINED IN THE MATERIAL OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The contents of this web site are provided to you "as is," and "as available," and you agree to use it at your own risk. RAND MCNALLY and each of its affiliates and licensors (and their licensors and suppliers, including Her Majesty the Queen in Right of Canada) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this information.
RAND MCNALLY AND EACH OF ITS AFFILIATES AND LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS, INCLUDING HER MAJESTY THE QUEEN IN RIGHT OF CANADA AND THE MINISTER OF NATURAL RESOURCES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS AND THIRD PARTY SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
RAND MCNALLY AND EACH OF ITS AFFILIATES AND LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS, INCLUDING HER MAJESTY THE QUEEN IN RIGHT OF CANADA AND THE MINISTER OF NATURAL RESOURCES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS AND THIRD PARTY SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OR THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE, PERFORMANCE OR POSSESSION OF THIS WEB SITE OR ITS CONTENTS; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR ITS CONTENTS, ANY DEFECT IN THIS WEB SITE OR ITS CONTENTS, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF RAND MCNALLY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
IF THIS EXCLUSION OF WARRANTY OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN RAND MCNALLY AND ITS AFFILIATES' MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT OF ANY SUBSCRIPTION OR MEMBERSHIP FEE WHICH YOU MAY HAVE PAID FOR THE SERVICE.
Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Rand McNally or each of their respective licensors. Product and service information are the sole responsibility of each individual vendor. The NAVTEQ name and logo, the NAVTEQ and NAVTEQ ON BOARD trademarks and logos, and other trademarks and trade names owned by NAVTEQ may not be used in any commercial manner without the prior written consent of NAVTEQ. The RAND MCNALLY and RANDMCNALLY.COM names, logos and trademarks, and other trademarks and trade names owned by Rand McNally may not be used in any commercial manner without the prior written consent of Rand McNally. Rand McNally, the globe logo, Best of the Road, IntelliRoute, MileMaker, TripMaker, StreetFinder, and Quick Reference Atlas are registered trademarks, and TND and RVND are trademarks of RM Acquisition, LLC d/b/a Rand McNally. All other product and service names are trademarks of their respective owners.
Rand McNally shall have no liability for any delay in delivery of any services to you for any cause beyond Rand McNally's reasonable control, including delay of third party services/benefit providers or delay due to union disputes or factory production schedules.
8. EXPORT CONTROL
You agree not to export from anywhere any part of the information provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
You agree to indemnify, defend and hold Rand McNally and each of its affiliates and licensors (including suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them, including Her Majesty the Queen in Right of Canada and the Minister) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees and costs, arising out of or in connection with any use or possession by you of this information.
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You agree to submit to the jurisdiction of Illinois for any and all disputes, claims and actions arising from or in connection with any materials on this web site.
If any provision of this Agreement is held to be unlawful, illegal or unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
12. ENTIRE AGREEMENT
This Agreement is the entire agreement between you and Rand McNally and its licensors including their licensors and suppliers relating to the subject matter herein. It may not be modified except in writing, signed by all applicable parties and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
13. THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Such notice must include:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notices and counter-notices with respect to the site should be sent to David H. Dicker, Esq., Dicker & Dicker, LLP, 21550 Oxnard Street, Suite 550, Woodland Hills, California 91367, Attn: Rand McNally Web Site, Fax (818) 704-8000. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Please note that the fax number above is NOT for Customer Care; we will not respond to customer service inquiries directed there.