About

MapSherpa Terms of Service

Welcome to MapSherpa.com, a service owned and operated by DM Solutions Group Inc. (referred to as “MapSherpa”). MapSherpa is a web-based mapping service that provides users with (i) tools and data to create digital maps (referred to as “Map” or “Maps”) that can then be printed in a high quality format, (ii) tools to discover, manage, and share Maps or User Content (as described below), (iii) tools to publish proprietary User Content, and (iv) an eCommerce infrastructure to purchase and sell Maps.

Agreement to MapSherpa Terms of Service

Subscribers, consumers, customers, users, and others who download, use, purchase, subscribe, or otherwise access MapSherpa collectively or individually “(referred to as “User” “User’s” or “Users”) must do so under the following MapSherpa Terms of Service. As used in these terms, “We“, “Us” and “Our” refers to DM Solutions Group Inc.

BEFORE USING ANY OF THE SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE.

BY ACCESSING, BROWSING AND/OR USING MAPSHERPA, A USER ACKNOWLEDGES THAT HE OR SHE (REFFERED TO AS “YOU”, “YOUR” AND “YOURS”) HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE MAPSHERPA REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS OF SERVICE, INCLUDING ANY FUTURE MODIFICATIONS TO THE MAPSHERPA TERMS OF SERVICE, GUIDELINES AND POLICIES (COLLECTIVELY, THE “SERVICE AGREEMENT”). IF A USER DOES NOT CONSENT TO THE SERVICE AGREEMENT, THEN WE DIRECT THAT SUCH USER CEASE USING THE SERVICES IMMEDIATELY.

THE TERMS OF SERVICE CONSTITUTES A BINDING CONTRACT BETWEEN USERS AND US. ANY USER MAY CONTACT US IN ORDER TO RECEIVE A COPY OF THIS AGREEMENT.

ALL USERS ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THE SERVICE AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. USERS FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN USERS AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS OF SERVICE FORM AN ESSENTIAL BASIS OF THE CONTRACT BETWEEN THE USERS AND US. WE WOULD NOT BE ABLE TO PROVIDE THE MAPSHERPA SERVICES TO USERS ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

These Terms of Service constitute the entirety of the agreement between Us and Users relative to the subject matter hereof and supersedes and replaces all prior Terms and Conditions of Use or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Privacy Policy
MapSherpa’s Privacy Policy is hereby incorporated into the Terms of Service by reference. Please read this notice carefully for disclosures relating to MapSherpa security protocols, and more importantly, the collection, use, and disclosure of Your personal information. Click here to review the MapSherpa Privacy Policy.

Modification of the Terms of Service
We reserve the right, at Our discretion, to change, modify, add, or remove portions of the Service Agreement at any time. By a Users consent to the Terms of Service, He or She obligates himself or herself to periodically check the Terms of Service and all Guidelines and Policies for any changes. A User’s continued use of MapSherpa after the posting of any modifications or changes constitutes his or her binding acceptance of such changes. For any material changes to the Terms of Service or any Guidelines or Policies, a User acknowledges and agrees that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on MapSherpa.com.

Account Information
MapSherpa is not available to any Users suspended or removed from MapSherpa by Us. Users agree that the information that they provide Us upon registration and at all other times will be true, accurate, current, and complete. Users also agree that they will ensure that this information is kept accurate and up to date at all times.

Password
When a User registers as a member and obtains an account, he or she will be asked to provide a password. Because a User will be responsible for all activities that originate from his or her account, and one can only access his or her account upon the transmission of the associated password, a User should keep that password strictly confidential at all times. A USER MUST NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED USE OF HIS OR HER PASSWORD OR IF HE OR SHE BELIEVES THAT PASSWORD IS NO LONGER CONFIDENTIAL. We reserve the right to suspend a User’s account and/or require that such User alter his or her password if We believe for any reason that such User’s password is no longer secure. A USER MAY NOT SHARE HIS OR HER MAPSHERPA ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.

Payment Terms and Cancellations
A User agrees to pay any fees due for and incurred by their use of those Services that require payment on the part of Users (”Paid Services”). MapSherpa will administer and apply User payments received for Paid Services via MapSherpa.com in a timely and commercially reasonable manner. Further, We reserve the right to terminate a User’s use of a Paid Service on account of a User’s nonpayment of associated charges. If a User wants to discontinue his or her utilization of a Paid Service, then he or she may cancel that Paid Service in accord with the cancellation procedures established in the Guidelines pertinent to that Paid Service.

MapSherpa Usage Rules and Prohibited Conduct and Use

ALL USERS UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT THEY MAY NOT AND WARRANT THAT THEY WILL NOT:

Redistribute a digital PDF Map or Premium Map for Your Event, or to Your club, organization or any other third party. A purchased digital PDF Map or Premium Map may be printed unlimited times for personal use.
Use Map or Premium Map products as part of any digital or print advertising material.
Fail to deliver payment for any Paid Services;
Use MapSherpa for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
Make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of MapSherpa. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the member accounts of other Users without permission;
Misrepresent the source, identity or content of information transmitted via MapSherpa;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of MapSherpa, features that prevent or restrict use or copying of any content accessible through MapSherpa, or features that enforce limitations on use of MapSherpa;
Intentionally interfere with, or damage operation of MapSherpa, or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
Post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
User shall not remove or conceal any copyright or other proprietary notice or any credit-line or date-line included in MapSherpa or on the Maps;
Attempt to gain unauthorized access to MapSherpa, other accounts, computer systems or networks connected to MapSherpa, or any part of it, through hacking, password mining, or any other means to interfere with, or attempt to interfere with the proper working of MapSherpa or any activities conducted on MapSherpa;
Use any robot, spider, scraper or other automated means to access MapSherpa for any purpose without Our express written permission or bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to MapSherpa or modify MapSherpa in any manner or form, nor to use modified versions of MapSherpa, including (without limitation) for the purpose of obtaining unauthorized access to MapSherpa;

Refusal or Suspension of Service

WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S REGISTRATION AS WELL AS ANY USER’S USE OF OR ACCESS TO MAPSHERPA OR MAPS. ACCORDINGLY, WE ALSO RESERVE THE RIGHT TO DISABLE ANY USER’S USE OF OR ACCESS TO MAPSHERPA, ITS MAPS, PERSONAL, AND/OR ANY LOCATION INFORMATION, FOR ANY REASON AND WITHOUT ANY NOTICE.

WE DO NOT CONTROL THE CONTENT OF USER ACCOUNTS AND PROFILES, NOR THE CONTENT OF THIRD PARTY MAPS PUBLISHED USING MAPSHERPA, AND DO NOT HAVE ANY OBLIGATION TO MONITOR OR VERIFY SUCH CONTENT FOR ANY PURPOSE. USERS ACKNOWLEDGE THAT THEY ARE SOLELY RESPONSIBLE FOR ALL CONTENT AND MATERIAL THAT THEY PROVIDE TO US. USERS ALSO ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY MAPS AND MATERIALS PUBLISHED THROUGH MAPSHERPA BY US.

MOREOVER, WE RESERVE THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.

User Content
Any and all information (other than personal information and/or location information which are expressly covered and governed by the MapSherpa Privacy Policy), data (including but not limited to GPS data or any other geographic information), text, files, graphics, feedback and other materials that a User transmits to, or supplies to Us is referred to as “User Content.” By transmitting User Content on or through MapSherpa, a User expressly agrees that he or she is solely responsible for the transmission, accuracy, completeness, and publication of that User Content, and that We bear no responsibility, legal or otherwise, for such User Content. MapSherpa reserves the right to modify, alter or reformat User Content to adhere to system requirements. If a User decides to post confidential information we cannot guarantee its confidentiality. You understand that We have no obligation to store, archive or back-up any User Content provided by You, and it is Your sole responsibility to retain copies of Your own User Content for Your own future reference and use.

Ownership Rights of User Content
We do not assert any ownership over User Content, rather subject to the rights granted to Us in these Terms of Service, a User retains full ownership of any and all of his or her User Content and any intellectual property rights or other proprietary rights associated with said User Content.

Prohibited User Content
A User may not post User Content on MapSherpa that:

Is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harasses or advocates harassment of another person;
Exploits people in a sexual or violent manner;
Contains nudity, violence, or offensive subject matter;
Provides any telephone numbers, street addresses, last names or email addresses of anyone except said User;
Promotes information that a User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
Contains a virus or other harmful component.

Responsibility for User Content
A User is responsible for all User Content published or shared publically or privately under his or her member account on MapSherpa.

Posting User Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to said User Content. We will make reasonable efforts to prevent User Content from disclosure that exceeds the account settings selected by a User, but We cannot guarantee that User account settings will be completely protected against some User Content from being viewed or accessed by unintended third parties, and We will not be liable for such chance disclosures.

Upon a User’s termination of his or her member account, he or she may request that We completely “purge” the member account, including the deletion of any and all User Content previously submitted by that User. We will in turn undertake reasonable efforts to ensure that a User’s member account and MapSherpa is completely purged of User Content belonging to a User.

MapSherpa Review of User Content
WE DO NOT ACTIVELY MONITOR, REVIEW, OR EDIT USER CONTENT SHARED OR PUBLISHED, OR OTHERWISE MADE AVAILABLE BY A USER ON MAPSHERPA. We are not required to host, display, or distribute any User Content and may remove it at any time, or refuse any User Content for any reason at Our discretion. We, reserve the right, in Our sole discretion, to refuse to publish any User Content, in whole or part that We determines does not comply with these Terms of Service; is illegal; or is otherwise undesirable, objectionable, inappropriate or inaccurate. Moreover, We are not responsible for any decision, absence of any decision, or delay in the revision or removal of any User Content that We determine is unsuitable. In addition. We are not responsible for any loss, theft, or damage of any kind to any User Content. We may, but are not obligated to, provide Users with the ability to flag or otherwise report User Content that violate these Terms of Service.

Ownership and Proprietary Rights
MapSherpa is owned and operated by DM Solutions Group Inc. The MapSherpa software, content, visual interfaces, information, graphics, design, compilation, computer code, online platform, products, software, services, and all other elements of the MapSherpa are protected by Canadian copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials and components with the exception of User Content contained in MapSherpa are the property of MapSherpa or its subsidiaries and/or third-party licensors. All trademarks, service marks, and trade names displayed on MapSherpa are proprietary to Us or third-party licensors. Except as expressly authorized by Us, any and all Users agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of MapSherpa.

Ownership Of MapSherpa Content

MapSherpa contains trademarks, service marks, copyrighted material concerning mapping, and other content owned by Us and others (collectively referred to as “Copyright Content”). We are the sole owner of all such Copyright Content presented on MapSherpa including all copyrights, trademarks and other intellectual property rights. Except as expressly permitted in these Terms of Service, a User may not download, copy, or save any Copyright Content or any portion of it, for any purpose, except he or she may print a copy of individual screens appearing as part of MapSherpa solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted in these Terms of Service, a User may not modify, copy, publish, display, transmit, adapt or in any way exploit the content without the prior written permission from Us.

Editorial Control

We reserve to ourselves editorial freedom in the form and content of MapSherpa, and may alter the same at any time and from time to time at its sole discretion. Users reserve editorial freedom for User Content and may alter the User Content at any time and from time to time at their sole discretion. From time to time, at Our discretion, Maps may be updated. It is Your responsibility to verify Your Maps to ensure there are no errors introduced or omissions as a result of the update. Users at their sole discretion may share Maps or User Content and permit other Users to add additional User Content without modifying Your User Content.

Map Storage

Users may use MapSherpa in accordance with the provisions of the Terms of Service to store their Maps and User Content. We do not assume any responsibility for Maps stored in My Maps.

MapSherpa Commercial Use
MapSherpa is made available for Your personal, non-commercial use only. Any commercial use is subject to separate Terms and Conditions.

A User may not employ MapSherpa to sell a Map unless authorized by Us. A User may not take the results from a Map and reformat and display them, or mirror the MapSherpa home page or results pages on his or her web site without expressed written consent. Moreover, a User may not “meta-search” MapSherpa.

If a User seeks to make commercial use of MapSherpa he or she must enter into a separate agreement with Us.

Use of Cookies

Our site may use cookies to enhance your experience while using Our site. Cookies are pieces of information that some websites transfer to the computer that is browsing that web site and are used for record-keeping purposes at many websites.

Your browser is probably set to accept cookies. However, if you would prefer not to receive cookies, You can alter the configuration of Your browser to refuse cookies. If You choose to have Your browser refuse cookies, it is possible that some areas of Our site may not function properly when You view them.

Links to third party sites

MapSherpa may contain links to other websites. Links found on MapSherpa to third-party websites are provided solely as a convenience to You. If You use these links, You will leave MapSherpa.com. We are not obligated to review such third-party websites, We do not control such third-party websites, and are not responsible for any such third-party websites (or the products, services, or content available through them). We encourage You to read the privacy statements on all such sites as their policies may be different than Ours. We do not endorse or make any representations about such third-party web sites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third party web sites linked to or from MapSherpa, You do this entirely at Your own risk.
Warranties
THE SERVICE AND ANY THIRD-PARTY DATA OR USER CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MAPSHERPA ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MAPSHERPA, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

MAPSHERPA, AND ITS SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PERSONAL INFORMATION OR LOCATION INFORMATION OR THE SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. A USER (AND NOT MAPSHERPA OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE SERVICES.

WHILE WE ROUTINELY CHECK OUR CONTENT AND USER CONTENT FOR ACCURACY, WE RECOGNIZE THAT ERRORS MAY BE PRESENT. IN THESE INSTANCES WE REGRET THE INCONVIENCE; HOWEVER WE CANNOT ACCEPT RESPONSIBILITY FOR DAMAGES THAT MAY ARISE AS A RESULT OF USING MAPS OR USER CONTENT.

Miscellaneous Disclaimers
MAPSHERPA FURTHER DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN THE SERVICES OR ANY SEARCH RESULTS GENERATED BY THE SERVICES.

MAPSHERPA ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.

A USER UNDERSTANDS AND AGREES THAT WHEN HE OR SHE DOWNLOADS OR OTHERWISE OBTAINS MATERIAL OR DATA THROUGH THE USE OF MAPSHERPA, HE OR SHE DOES SO AT HIS OR HER OWN DISCRETION AND RISK. ACCORDINGLY, MAPSHERPA DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM TO A USER THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH MAPSHERPA AND/OR THE SERVICES.

Indemnification
A User agrees to indemnify, defend, and hold MapSherpa, and its suppliers and partners harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) the use or misuse of any User’s personal information and User Content, or the Services generally, (b) any violation of the rights of any other person or entity by User, or (c) any breach or violation by a User of MapSherpa.

MapSherpa reserves the right, at a given User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify MapSherpa, and said User agrees to cooperate with Our defense of these claims.

LIMITATION OF LIABILITY AND DAMAGES
A USER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL MAPSHERPA, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE TO ANY USER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF A USER’S PERSONAL INFORMATION OR LOCATION INFORMATION; (B) A USER’S ABILITY OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY, OR THE MAPSHERPA MOBILE SERVICES OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH MAPSHERPA OR ANY OTHER USER OF THE SERVICES, EVEN IF MAPSHERPA OR A MAPSHERPA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF MAPSHERPA OR THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO MAPSHERPA OR THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL MAPSHERPA BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

IN NO EVENT SHALL MAPSHERPA (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS) BE LIABILE TO A USER FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR A USER’S EMPLOYMENT OF THE SERVICES WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY A USER FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF SAID USER’S CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.

A USER FURTHER AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE, AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDNIGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO A SPECIFIC USER. SAID USER, HOWEVER, AGREES THAT MAPSHERPA’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Digital Millennium Copyright Act Compliance
It is Our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, We will promptly terminate without notice the accounts of Users that are determined by Us to be “repeat infringers.” A repeat infringer is a User who has been notified by Us of infringing activity violations more than twice and/or who has had User Content removed from MapSherpa more than twice.

Copyright owners who believe that any content on MapSherpa infringes upon their copyrights are encouraged to submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”). Said notification should be sent to Us and include the following in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on MapSherpa are covered by a single notification, a representative list of such works on MapSherpa;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MapSherpa to locate the material;
Information reasonably sufficient to permit MapSherpa to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).

A copyright owner acknowledges that if he or she fails to comply with all of the requirements of this section, his or her DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Support
We will provide support (referred to as”Support”) to a User via the following methods:

Self-help materials including User and Service documentation
Email: support@mapsherpa.com
Telephone: 1-877-560-8323
Mail: MapSherpa.com, Suite 200, 30 Rosemount Avenue, Ottawa, Ontario CANADA K1Y 1P4
User community support infrastructure.

Response goals for Email and Mail: We strive to respond to Support requests within 48 hours after receipt of the request.

Response goals for Telephone: We strive to respond to Support requests within 72 hours after receipt of the request.

MapSherpa works with its Users to ensure the reported issue is appropriately prioritized. We base our efforts and actions We take to resolve Your problem on an assessment of the impact of the reported issue on You. The User agrees to provide Us with information in order to assess the impact of the reported issue. The User agrees to be available to work with the Us team while we resolve thier issue.

Governing Law
The Terms of Service shall be governed and interpreted in accordance with the laws of Ontario Canada. The exclusive forum for any actions or in equity brought in connection with these Terms of Service or the Service shall be filed in the provincial and federal courts in and for the Province of Ontario, and You consent and submit exclusively to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.

Claims
A User agrees that any cause of action related to, or arising under the Terms of Service must be commenced within one (1) year after said cause of action accrues. Should a User fail to commence any such action within that one year term, such action is permanently barred.

Severability and Waiver
If any provision of the Terms of Service is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

Moreover, a provision of the Terms of Service may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of the Terms of Service shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of the Terms of Service shall not be construed as a continuing waiver of other breaches of the same or other provisions of the Terms of Service.

Changes in the Terms of Service
We may modify or terminate Our Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to any User, any other User, or any third party. In addition, We reserve the right to modify these Terms of Service from time to time without notice. Users should therefore make an effort to review Terms of Service from time to time so that You will be apprised of any changes.

Notices
MapSherpa may provide You with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on MapSherpa. Notice will be deemed given twenty-four hours after an email is sent, unless MapSherpa is notified that the email address is invalid. Alternatively, MapSherpa may provide a User legal notice by mail to a postal address, if provided by said User through MapSherpa. In such case, notice will be deemed given three days after the date of mailing. Notices posted on MapSherpa are deemed given and binding 30 days following the initial posting.

Assignment The Terms of Service (and any related Guidelines), and any rights and licenses granted hereunder, may not be transferred or assigned by a User, but may be assigned or transferred by MapSherpa without restriction.

Survival
Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification contained in the Terms of Service, hereby survive any termination of the Terms of Service, or any termination of a User’s account or use of MapSherpa or the Services.

Entire Agree
These Terms of Service constitute the entirety of the agreement between MapSherpa and Users relative to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

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