Terms & Conditions page

Welcome to MapSherpa.com, a service owned and operated by DM Solutions Group Inc. (refered to as “MapSherpa”, “We,” “Us,” or “Our”). MapSherpa is a web-based mapping service that provides users with the tools and data necessary to create and customize digital maps that can then formatted to be printed in a high quality format (collectively, the “Services”).

AGREEMENT TO MAPSHERPA TERMS AND CONDITIONS OF USE
Subscribers, customers, users, and others who download, use, purchase, subscribe, or otherwise access the MapSherpa Services (collectively or individually “You” “User” or “Users”) must do so under the following MapSherpa Terms and Conditions of Use (”Terms and Conditions of Use”).

BEFORE USING ANY OF THE SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE.

BY ACCESSING, BROWSING AND/OR USING THE SERVICES, A USER ACKNOWLEDGES THAT HE OR SHE 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 AND CONDITIONS OF USE, INCLUDING ANY FUTURE MODIFICATIONS TO THE MAPSHERPA TERMS AND CONDITIONS OF USE, AND IDENTIFIED AFFILIATED AGREEMENTS, GUIDELINES AND POLICIES (COLLECTIVELY, THE “AGREEMENT”). IF A USER DOES NOT CONSENT TO THE AGREEMENT, THEN MAPSHERPA DIRECTS THAT SUCH USER CEASE USING THE SERVICES IMMEDIATELY.

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

ALL USERS ACKNOWLEDGE AND AGREE THAT MAPSHERPA HAS OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THE 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 AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN USERS AND MAPSHERPA, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE USERS AND MAPSHERPA. MAPSHERPA WOULD NOT BE ABLE TO PROVIDE THE MAPSHERPA SERVICES TO USERS ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

PRIVACY POLICY
MapSherpa’s Privacy Policy is hereby incorporated into the Agreement 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 AGREEMENT
MapSherpa reserves the right, at Our discretion, to change, modify, add, or remove portions of the Agreement or any affiliated Guidelines or Policies at any time. By a User’s consent to the Agreement, He or she obligates himself or herself to periodically check the Agreement and all Guidelines and Policies for any changes. A User’s continued use of the Services after the posting of any modifications or changes constitutes his or her binding acceptance of such changes. For any material changes to the Agreement 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.

OWNERSHIP AND PROPRIETARY RIGHTS
The Services are owned and operated by MapSherpa. The MapSherpa software, content, visual interfaces, information, graphics, design, compilation, computer code, online platform, products, software, services, and all other elements of the Services (collectively, the “Materials”) 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 contained in the Services are the property of MapSherpa or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Services are proprietary to MapSherpa or its affiliates and/or third-party licensors. Except as expressly authorized by MapSherpa, 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 the Materials.

ACCOUNT INFORMATION
The Services are not available to any Users suspended or removed from the Services by MapSherpa. Users agree that the information that they provide MapSherpa 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 generate 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 MAPSHERPA IMMEDIATELY OF ANY UNAUTHORIZED USE OF HIS OR HER PASSWORD OR IF HE OR SHE BELIEVES THAT PASSWORD IS NO LONGER CONFIDENTIAL. MapSherpa reserves 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 CANCELATIONS
A User agrees to pay any fees due for and incurred by their use of those select 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, MapSherpa reserves the right to terminate a User’s use of a Paid Service on account of that 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 – PROHIBITED CONDUCT & USES

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

• use MapSherpa or the Services for any commercial or non-private use, it being understood that MapSherpa and the Services are to be employed for personal, non-commercial use only;
• use does not include making copies of map products for anything but personal use;
• distribution of maps to other parties is not permitted;
• fail to deliver payment for any Paid Services;
• use MapSherpa or the Services 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 MapSherpa accounts of other Users;
• 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 the MapSherpa, or features that enforce limitations on use of the Services;
• intentionally interfere with, or damage operation of MapSherpa or the Services, 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;
• attempt to gain unauthorized access to MapSherpa or the Services, 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; or
• sell or transfer or allow another person to access their account passwords, profiles, or MapSherpa accounts.

USAGE; REFUSAL OR SUSPENSION OF SERVICE

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

MAPSHERPA DOES NOT CONTROL THE CONTENT OF USER ACCOUNTS AND PROFILES AND DOES NOT HAVE ANY OBLIGATION TO MONITOR SUCH CONTENT FOR ANY PURPOSE. USERS ACKNOWLEDGE THAT THEY ARE SOLELY RESPONSIBLE FOR ALL CONTENT AND MATERIAL THAT THEY PROVIDE TO MAPSHERPA.

MOREOVER, MAPSHERPA RESERVES 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), including data, text, files, graphics and other materials that a User transmits to, or supplies to MapSherpa is referred to as “User Content.” By transmitting User Content on or through MapSherpa.com, a User expressly agrees that he or she is solely responsible for the transmission, accuracy, completeness, and publication of that User Content, and that MapSherpa bears no responsibility, legal or otherwise, for such User Content.

Prohibited User Content
A User may not post Content on MapSherpa.com 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 posted under his or her account on MapSherpa.com.

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

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

Ownership Rights In User Content
MapSherpa does not assert any ownership over User Content. Rather, subject to the rights granted to MapSherpa in these Terms and Conditions of Use, 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.

MapSherpa Review of User Content
MAPSHERPA DOES NOT ACTIVELY MONITOR, REVIEW, OR EDIT USER CONTENT POSTED, OR OTHERWISE MADE AVAILABLE BY A USER ON MAPSHERPA.COM. MapSherpa, however, reserves the right, in its sole discretion, to refuse to publish, edit, or remove any User Content, in whole or part that MapSherpa determines does not comply with these Terms and Conditions of Use; is illegal; or is otherwise undesirable, objectionable, inappropriate or inaccurate. Moreover, MapSherpa is not responsible for any decision, absence of any decision, or delay in the revision or removal of any User Content that MapSherpa determines is unsuitable.

MAPSHERPA COMMERCIAL USE
MapSherpa and its Services are made available for your personal, non-commercial use only. Any commercial use is subject to a separate agreement with MapSherpa.

A User may not employ MapSherpa or its Services (other than those Services designed specifically for commercial use) to sell a product or service. A User may not take the results from a MapSherpa map creation and reformat and display them, or mirror the MapSherpa home page or results pages on his or her Web site. Moreover, a User may not “meta-search” MapSherpa.

If a User seeks to make commercial use of MapSherpa he or she must enter into an agreement with MapSherpa to do so in advance. Please Contact Us for more information.

MAPSHERPA.COM CONTENT
MapSherpa.com contains trademarks, service marks, copyrighted material concerning mapping, and other content owned by MapSherpa and others (collectively “Content”).

Ownership Of MapSherpa Content
MapSherpa is the sole owner of all such Content presented on MapSherpa.com, including all copyrights, trademarks and other intellectual property rights. A User may not download, copy, or save any 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 and Conditions of Use, a User may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content without the prior written permission of MapSherpa.

DISCLAIMERS
No Warranties
THE SERVICES AND ANY THIRD-PARTY DATA, 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.

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; HOLD HARMLESS
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 location information, 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) TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE, 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 AND CONDITIONS OF USE, 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 SPECFIC 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 MapSherpa’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, MapSherpa will promptly terminate without notice the accounts of Users that are determined by MapSherpa to be “repeat infringers.” A repeat infringer is a User who has been notified by MapSherpa 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 MapSherpa and include the following in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable MapSherpa Service are covered by a single notification, a representative list of such works on the applicable MapSherpa Service;
3. 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;
4. 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;
5. 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
6. 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
MapSherpa will provide account support (”Support”) to a User via the following methods:

• Email: support@mapsherpa.com
• Telephone: 1-877-560-8323
• Mail: MapSherpa.com, Suite 200, 30 Rosemount Avenue, Ottawa, Ontario CANADA K1Y 1P4

MapSherpa strives to respond to Support requests within 48 hours after the request is placed.

GOVERNING LAW
The Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law.

CLAIMS
A User agrees that any cause of action related to, or arising under the Terms and Conditions of Use 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.

JURISDICTION
A User agrees that any action at law or in equity arising out of or relating to the Terms and Conditions of Use or the Services shall be filed only in the Ontario provincial or Canadian federal courts, and he or she consents and submits exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.

Alternatively, either MapSherpa or a User may demand that any dispute or claim between MapSherpa and said User about or involving MapSherpa or the Services be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (”AAA”). If arbitration is demanded by MapSherpa or a User, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA at the AAA’s Regional Office in Denver, Colorado, in order to resolve the applicable dispute or claim; provided that the foregoing shall not prevent MapSherpa from seeking injunctive relief in a court of competent jurisdiction.

SEVERABILITY AND WAIVER
If any provision of the Terms and Condition of Use is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions of Use shall not affect the validity and enforceability of any remaining provisions.

Moreover, a provision of the Terms and Conditions of Use 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 and Conditions of Use 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 and Conditions of Use shall not be construed as a continuing waiver of other breaches of the same or other provisions of the Terms and Conditions of Use.

NOTICES
MapSherpa may provide You with notices, including those regarding changes to the Terms and Conditions of Use, by email, regular mail, or postings on MapSherpa.com. Notice will be deemed given twenty-four hours after 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.com. 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 and Conditions of Use (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 and Conditions of Use, hereby survive any termination of the Terms and Conditions of Use, or any termination of a User’s account or use of MapSherpa.

CHANGES IN TERMS AND CONDITIONS OF USE
MapSherpa 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, MapSherpa reserves the right to modify these Terms and Conditions Use from time to time without notice. Users should therefore make an effort to review Terms and Conditions of Use from time to time so that You will be apprised of any changes.

HEADINGS
The heading references herein are for convenience purposes only, do not constitute a part of the Terms and Conditions of Use, and shall not be deemed to limit or affect any of the provisions hereof.

ENTIRE AGREEMENT
These Terms and Conditions of Use 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.