Effective Date: 12/09/2019
USER TERMS AND CONDITIONS
Welcome to the CalTopo website and application (“Site”) (The operators of CalTopo are referred to as “We” “Us””Our” or “CalTopo,” offering access to maps, tiles and visual geographic information resources (the “Service”). The Site and Service is owned and operated by CalTopo LLC.
APPLICABILITY AND LIMITATION ON COMMERCIAL USE
The site and Services are not intended for commercial use. If you are an individual, business or organization who wishes to use the Service for commercial purposes, you must enter into a separate written license with CalTopo through the purchase of a paid subscription plan/license permitting you to do so, or otherwise obtain our written consent. Commercial use of the Services or use in connection with a third party application without such a license is not permitted.
Free Subscription. Individuals can use a defined subset of available Services for free by registering an account or by using our website version of the Site without logging in, which may affect your ability to store or download maps, tiles or other aspects of the Services onto your device when offline. These features are limited, and may be subject to change at our discretion.
The following account types may offer Services with premium features in exchange for payment of subscription fees.
Individual Accounts are paid subscriptions for one person only to use on up to 3 devices, such as, but not limited to, iOS and Android phones and tablets, and may not be shared.
Desktop Accounts are paid subscriptions allowing installation of a desktop software or application for use by a single user or for a single installation on a shared machine. Under certain Desktop Account plans, Multiple users may access a single device. Desktop users also have the ability to use their subscription on up to 3 mobile devices. Copies of the desktop software may not be transferred to other devices or storage except for a single backup copy.
Team Accounts: are paid licenses for a set number of users to be used by the organization or entity’s devices or designated user’s devices, up to 3 devices per user including but not limited to phones, tablets and desktop computers. The number of users may not exceed the user limit for such team subscription levels.
Your Account may be revoked by CalTopo at any time for any reason.
You are also responsible for providing updated payment and billing information and agree to promptly update such information in your account during any subscription period.
Your account is not transferable, nor may the account or its benefits be assigned, shared, transferred or transmitted to any third parties.
Payment of subscription fees is required in order to use defined premium features of the Service. Paying the fees is a condition to using the Services that require a paid subscription in order to use them, including but not limited to any and all taxes applicable to your use of the Site and Service. Payment will be in United States Dollars unless we otherwise specify or allow.
You agree to pay such Fees and authorize CalTopo and its payment service providers to charge your credit card provided to pay the Fees for the Service and to update your information as you provide to ensure timely payment. Your credit card issuer may provide us with updated information. This information is provided to CalTopo and our third party payment services provider solely at their election and discretion. However, your credit card issuer may provide you with the right to opt out. Please contact your credit card issuer for more information.
For any multi-year subscriptions purchased, our Refund Policy applies and the term will end upon expiration of the number of years you purchase.
You may cancel automatic renewals at any time through your registered User Account or by emailing us at firstname.lastname@example.org, subject to our verification processes.
We reserve the right to change our Fees at any time in our sole discretion, but we will notify you at least 30 days in advance of any such changes. We also reserve the right to change or cancel any promotion codes and the terms for use of such codes, which are normally intended for new Users.
- Refunds are limited to no more than one year of subscription fees and must be requested within one year of purchase or renewal.
- To request a refund please contact us at email@example.com. Please note that our App Provider may be subject to their applicable payment policy, which may not permit refunds.
CHANGE TO SERVICES
CalTopo reserves the right to amend, change, delete or alter the Site or Services at any time, with or without notice.
Our website and services are intended to be used by adults over 18 years of age. If you are a child under 16 years of age, you may not use our Site or Services. The Children’s Online Privacy Protection Act limit information we can collect regarding children under 13 years of age, other jurisdictions require parental consent for information collected on children under 16 years of age. If you become aware of a minor using our Site or Services, please contact us immediately so that we can investigate and take appropriate action.
SERVICE AND SITE AVAILABILITY
CalTopo represents, and you acknowledge, that the traffic of data through the Internet may cause delays during the download of information from the Site and Services. Accordingly, you agree that you shall not hold CalTopo liable for delays that are ordinary in the course of Internet use and that we cannot guarantee that the Site or Service will function on your device(s). You further acknowledge and accept that the Site and Services will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by CalTopo including but not limited to upgrading, modifying, or performing standard maintenance of the Site or Service.
You agree that reliance on any information provided by the Site or Services or appearing on the Site or Services, including, but not limited to any maps, tiles or data, is solely at your own risk. Any maps, tiles or data is provided “as-is” without any warranty, express or implied, whatsoever, and is for informational purposes only. CalTopo is not responsible for nor can it guarantee the completeness, accuracy, security or suitability, reliability or accessibility based on or derived from the maps, tiles, data or visual geographic information presented.
USE AND CONDUCT RESTRICTIONS
Apps and desktop installation may allow for download of our maps, tiles, geographic visual data or mapping data for offline use in connection with a paid subscription plan or other written license. Any our maps, tiles, geographic visual data or mapping data downloaded for use within the app or desktop software is for those purposes alone.
A single backup copy of the Service or App is allowed.
Your permission to use the Site is conditioned upon the following Use and Conduct Restrictions.
You agree that you will not under any circumstances:
- Use the Site or Services for any unlawful purpose or the promotion of activities that violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country;
- Interfere or attempt to interfere with the proper functioning of CalTopo’s Site, or hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of CalTopo websites and services, those of its partners, or its users’ computers;
- Make any automated use of the system, or take any action that we deem to impose or to potentially impose unreasonable or disproportionately large load on our (or our third-party providers’) servers, system and network infrastructures;
- Bypass any robot exclusion headers or other measures we (or our third-party providers) take to restrict access to our Site or Services, or use of any technology, or device to, without our consent, scrape, spider, or crawl our website or harvest or manipulate data;
- Publish or link to malicious content intended to damage or disrupt another user’s browser or computer; or
- Post or use the Services combined with any information that is abusive, threatening, obscene, pornographic, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable or offensive in the opinion of CalTopo management and staff;
- Downloading, copying, reproducing, distributing, modifying, displaying, creating derivative works from or otherwise using or exploiting CalTopo Site or Service, including but not limited to any maps, tiles or geographic visual data or code or other materials in the Service without the written consent of CalTopo.
- Exceed the usage, device or User number limitations for your subscription plan or remove any copyright notices from any maps, tiles or other geographical display information you print out or otherwise use in connection with the Service.
- Infringe on anyone’s intellectual property rights, defame, harass or abuse anyone or any group, impersonate anyone, or otherwise violate the rights of a third party;
- Do anything else which, at the sole discretion of CalTopo, could bring CalTopo or its owners, employees, agents, directors or officers into disrepute, or which violates the rights of any person.
Breach of these obligation may subject you to civil liability and criminal prosecution.
CalTopo reserves the right to delete your User Content 30 days or more after cancellation of your account or subscription.
“Any material you share or post to the Site or Services, shall be referred to as “User Content,” namely any media (including, but not limited to, text, text formatting, images, audio, or video) that is created, originated, edited, modified, uploaded or shared by users (including you) in any way and in any form using the Site or Services, whether or not shared publicly or privately, including any data you add to your maps, tiles and visual geographic information resources stored from on our site or added the Service by you.
You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via our Site. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree as follows:
- You are solely responsible for the activity that occurs as a result of you posting User Content while using CalTopo’s Site;
- You will not post information violates the Use and Conduct Restrictions, described above;
- You agree that CalTopo, on its own or through users of the Site or Service, may monitor and flag content, and if enough members of the Site community find it objectionable for any reason, such User Content may be removed without any CalTopo liability for such actions;
- You understand and agree that any liability, loss or damage that occurs as a result of the use or removal of any User Content that you make available or access through your use of the Site is solely your responsibility; and
- CalTopo is not responsible for any public display or misuse of your User Content nor is it responsible for any removal of your User Content as a result of any automated or community votes.
LICENSE GRANT TO USER CONTENT
You retain all right, title and interest in your User Content.
ACCESS TO OUR MOBILE APPLICATION
The following terms apply to your use of the Service that constitutes the mobile application “App”_ that is accessed through or downloaded from any app store or app distribution platform (like the Apple App Store or Google Play, who are referred to below as an “App Provider”).
- These Terms are concluded between us, and not with the App Provider. We are responsible for the App (not the App Provider).
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider may, as permitted by their policies, refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty or refund obligation will be our responsibility. Refunds are limited no more than one year of subscription fees or the app purchase.
- The App Provider is not responsible for addressing any claims you have relating to the App or your possession and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
LINKS TO OTHER SITES, SERVICES, PRODUCTS AND/OR MATERIALS
On the Site, CalTopo may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties, (the “Third Party Applications, Software or Content”). Links to Third Party Sites are provided as a courtesy to the Site and Service users. CalTopo has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by CalTopo, and CalTopo is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site or the content or software, including, but to limited to the services offered, content, accuracy, offensiveness, opinions, reliability, safety, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.
If you decide to leave the Site and access the Third Party Sites, use their services, goods or products or to use or install any Third Party Applications, Software or Content, you do so at your own risk, and you should be aware that our terms and policies no longer govern. You agree that we are not liable for any third party services or goods linked to from our Site or Services. Further, you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
NO ENDORSEMENT OF THIRD PARTY SERVICES OR GOODS
Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by CalTopo and CalTopo is not liable in any way for their services or goods.
DCMA: COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. CalTopo respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, CalTopo has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat intellectual property rights infringers. CalTopo may, in its sole discretion, terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to CalTopo ’s designated copyright agent at: CalTopo LLC, 11925 Rio Visa Dr.Truckee CA 96161.
In your notification, please include:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in California and a statement that you will accept service of process from the person who provided notification of the alleged infringement under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
If a counter-notice is received by CalTopo’s copyright agent, CalTopo may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the CalTopo’s sole discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
WAIVER OF RIGHT TO CLASS ACTION
TO THE EXTENT PERMITTED BY. LAW, ANY CAUSE OF ACTION OR PROCEEDING UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR PROCEEDING WITH OTHER PROCEEDINGS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
In the event any matter is permitted to be handled before a court, all parties to these terms and conditions waive their respective rights to a trial by jury.
CHOICE OF LAW
Without limitation of any other remedies, CalTopo may suspend or terminate any account or its CalTopo Services, restrict or prohibit access or use of the Site or CalTopo Services, remove or restrict content, and/or take any technical or legal steps necessary if CalTopo:
- Suspects a breach of these Terms;
- Is unable to verify or authenticate a User’s information;
- Believes that a User is acting inconsistently with the letter or spirit of CalTopo policies, has engaged in improper or fraudulent activity in connection with the Site
- or that a user’s actions may cause legal liability or financial loss to CalTopo users or to CalTopo;
- Believes a User is infringing the rights of third parties;
- A User paying for a service fails to pay any applicable fees due to CalTopo or If the credit or debit card associated with a transaction should be rejected for any reason
- For any other reason not prohibited by applicable law.
COMPLIANCE WITH APPLICABLE LAWS
We control and operate the Site and Services from the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site or Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY OF CALTOPO AND ITS LICENSORS
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks, and other proprietary rights, including but not limited to the maps, tiles and other geographic visual data provided by CalTopo and its licensors. Other products and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
You grant to CalTopo a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Site any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of the Site.
With respect to the code and functionality of the Site:
Copyright 2019, CalTopo LLC
WITH RESPECT TO THE SOFTWARE COMPONENTS OF THE SERVICES:
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Unless required by applicable law or agreed to in writing, software code distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Site’s e-mail and messaging system, will not constitute legal notice to CalTopo or any of its owners, operators, employees, agents, or representatives in any situation where notice to CalTopo is required by contract or any law or regulation.
CALIFORNIA CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users of CalTopo s services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
USE OF THE SERVICE, INLCUDING BUT NOT LIMITED TO THE MAPS AND DATA IS AT YOUR OWN RISK AND CALTOPO MAKES NO WARRANTIES REGARINDG THE ACCURACY OR CURRENCY OF THE SERVICE, MAPS OR DATA.
THE SERVICE AND INFORMATION ON THE SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NETOMES EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CalTopo MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALTOPO LLC, ITS OWNERS, OPERATORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; (D) THE REMOVAL OR RETENTION OF ANY USER GENERATED CONTENT ON OR FROM THE SITE OR (E) ANY OTHER INTERACTIONS WITH CALTOPO OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CALTOPO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE LESSER OF i) AMOUNT YOU PAID FOR THE SERVICES IN THE PREVIOUS 12 MONTHS PRIOR TO THE CLAI; OR ii) $2,000. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
Refunds are limited no more than one year of subscription fees or the AMOUNT PAID FOR app purchase. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REFUNDS MUST BE BROUGHT WITHIN ONE YEAR OF PURCHASE AND ANY CAUSE OF ACTION MUST BE BROUGHT WITHIN TWO (2) YEARS OF DISCOVERY.
This Agreement is made subject to any restrictions concerning the export of products or technical information from the United States or other countries that may be imposed on the Parties from time to time. Each Party agrees that it will not export, directly or indirectly, any technical information acquired from the other Party under this Agreement or any products using such technical information to a location or in a manner that at the time of export requires an export license or other governmental approval, without first obtaining the written consent to do so from the appropriate agency or other governmental entity in accordance with Applicable Law.
You agree to indemnify, defend and hold harmless CalTopo for any claim arising from your use of the Site or Services, including payment of damages, costs, penalties and reasonable attorney fees.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of CalTopo to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with CalTopo must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
CalTopo will not be liable or responsible for any delays in service, for failing to provide CalTopo Services or to operate the Site as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, power or telecommunications outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.
CalTopo is available by email at firstname.lastname@example.org to address any issues you may have regarding your use of the Site. Most concerns can be quickly resolved in this manner.
11925 Rio Visa Dr.
Truckee CA 96161