Terms of Service

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CONTACT ONE INC. ("CONTACT ONE") STATING THE TERMS THAT GOVERN YOUR USE OF THE 911 MAP AUDIT SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF CONTACT ONE'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND CONTACT ONE. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU, IN WHOLE, OR CONTACT ONE WILL REFUSE ACCESS TO THE 911 MAP AUDIT SERVICE.

1. General
This 911 Map Audit website (the "Site") and related data validation and QA/QC procedures (the "Service") is owned and operated by Contact One, Inc. and contains material that is protected by copyright, trademark and other intellectual property laws. Unless otherwise specified, the Service is intended for your personal, noncommercial use only. A private company may not use the Service for any reason. The Service is exclusively for use by public, governmental entities only. Users of the Service may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including reports, code and software, from the Service, except for use within their own agency. You may receive material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. As part of the Service, Contact One, Inc. agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use the Service in accordance with these Terms of Service. Accessing our Service, in any manner, for the purpose of obtaining information, technical or otherwise, about the Service constitutes use of the Service such that the party accessing the Service is bound by these Terms of Service. Because the Web is an evolving medium, we may need to change these Terms of Service or impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Service on this website.

2. Description of the Services
Contact One provides its Registered Users (defined below) with the ability to verify the accuracy of their data, including without limitation Geographic Information Systems (GIS) data and 9-1-1 databases ("Content") that Registered Users own or to which they have the necessary rights ("User Content"), in order to obtain data accuracy reports ("Reports"). Registered Users to the Site may also order, via the Site, detailed data accuracy reports, software, or data services. Although the Site and Services are normally available, there will be occasions when the Site or Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Contact One. Also, although Contact One will normally only delete Content that violates this Agreement, Contact One reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Contact One in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Contact One encourages you to maintain your own backup of your User Content. In other words, Contact One is not a backup service. As discussed further in Section 8, Contact One will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.

3. Intellectual Property
You agree that the Service, including but not limited to Reports, graphics, and editorial content, contains proprietary information and material that is owned by Contact One, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any manner except for use of the Service in compliance with the terms of this Agreement. No portion of the Service or Reports may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way, including but not limited to, by trespass or burdening network capacity.

4. Accounts and Passwords
In order to access certain features of the Site and the Services, and to post Content, you must create an account. You may create an account on the Registration Page. Once you have created an account, you will be a "Registered User." Each public agency, represented by the Registered User, are limited to one free summary data validation report per person. You may also upgrade to receive a detailed data accuracy report by paying a nominal fee. Your Contact One account is solely for your own personal use and benefit. You are responsible for safeguarding the password that you use to access the Site and Services. You agree not to disclose your password to any third party nor to permit any third party to use your Contact One account. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Contact One of any unauthorized use of your password. In registering and creating an account, you agree to provide accurate, current and complete information, and to promptly update that information as necessary. Contact One will have no liability for failure to deliver notices that result from inaccurate account information.

You may terminate your account at any time, for any reason, by following the instructions on the options page. Contact One reserves the right at all times to terminate your account, and delete any and all User Content, in whole or in part, for any reason including without limitation a breach of any part of this Agreement.

5. Trademarks and Copyrights
Certain information, names, logos, report designs and other materials displayed in the Service and Reports constitute trademarks or intellectual property of Contact One or other entities. You are not authorized to use any such marks. Ownership of such trademarks and other intellectual property remains with Contact One or those other entities.

6. Contact One's Limited License to You
Subject to your compliance with the terms and conditions of this Agreement, Contact One grants you a non-transferable, non-sublicensable right to access, view and print Reports, only for your personal, non-commercial use. With the exception of your User Content, you may not distribute any Reports to third parties, use any Reports commercially, or otherwise copy, modify, distribute, publicly display or perform any Reports (except as such acts may be permitted by a separate license explicitly attached to such Reports) or to other people within your governmental agency.

7. Restrictions
You will not do any of the following while using or accessing the Site or the Services:
a. Post, upload, email, or otherwise transmit (i) any Content that you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); or (ii) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
b. Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content;
c. Post, upload, email or otherwise transmit, without first obtaining the permission of Contact One, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," Ponzi schemes or any other form of solicitation;
d. Post, upload, email, or otherwise transmit, via the Site or Services, any Content that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography (including without limitation any child pornography or child erotica), is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of Contact One;
e. Post, upload, email, or otherwise transmit any Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
f. Post, upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate nature of the Content;
g. Attempt to probe, scan or test the vulnerability of any Contact One system or network or breach any security or authentication measures;
h. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send altered, deceptive, or false source-identifying information;
i. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Site or Services;
j. Collect or store personal data about other users without their express permission;
k. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud;
l. Resell the Services, in whole or in part;
m. Violate any applicable law, regulation, or ordinance; or
n. Use the Site or Services in any manner not permitted by this Agreement.

Contact One does not control the Content in Registered Users' accounts and does not have any obligation to monitor such Content for any purpose. However, on both free and paid accounts, and regardless of whether the Content is public or private, Contact One may choose to monitor such Content at any time, in its sole discretion. Contact One reserves the right at all times to terminate your account, and delete any and all Content, in whole or in part, for any reason including without limitation violations of this Section, or of any part of this Agreement. Contact One reserves the right at all times to disclose, in its sole discretion, any Content as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what Contact One considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another. For information regarding Contact One.s handling of your personally identifiable information, refer to the Contact One Privacy Policy.

8. Disclaimer of Warranty
THE SERVICES, CONTENT, REPORTS, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CONTACT ONE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. Your License to Contact One
Contact One does not claim any ownership rights in any User Content that you choose to post to the Site. After posting User Content to the Site, you continue to retain all ownership or license rights in your User Content and you continue to have the right to use your User Content as you did prior to such posting. However, by posting or making User Content available through the Site or via the Services, you hereby grant to Contact One a nonexclusive, royalty-free, transferable, worldwide license to use, copy, modify, prepare derivative works from, distribute, publicly display and publicly perform (whether by means of a digital transmission or otherwise) and process your User Content, or any part of it, including without limitation (a) adapting the format of your User Content (for example by data field reformatting); and (b) displaying, at Contact One's sole discretion, your public User Content on a digital map. In connection with the above license, you provide your consent for Contact One personnel, including Contact One contractors and service providers, to view your User Content at any time. You acknowledge that you are solely responsible for all Content you submit to the Site or provide to the Service. You represent that you either own the User Content or have the rights necessary to grant Contact One this license.

10. Limitations of Liability
You understand that Content is posted by users and that Contact One has only limited control over the Content that is made available via the Site and Services. You acknowledge that Contact One will not be liable for (a) Content, including without limitation the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or download of any Content posted, emailed, transmitted, or otherwise made available via the Site or Services; (b) the deletion, failure to store, mis-delivery, or untimely delivery of any information or material; (c) Site unavailability or Service interruptions; or (d) the defamatory, offensive, or illegal conduct of any third party. IN NO EVENT WILL CONTACT ONE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY EVEN IF CONTACT ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CONTACT ONE'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE OR ANY SERVICES EXCEED ANY AMOUNTS YOU HAVE PAID TO CONTACT ONE.

11. Indemnity
You agree to defend, indemnify, and hold harmless Contact One and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Services, or your violation of this Agreement. Contact One reserves the right, at its own expense, to assume the exclusive defense and control of any such claim otherwise subject to defense by you, in which event you will cooperate with Contact One and its counsel, as necessary, in the conduct of such defense.

12. Compliance with Laws
This Agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services will be filed only in the federal courts located in the State of Texas, or state courts located in Travis County, Texas. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

13. Publicity
You agree that Contact One may use your name in presentations, marketing materials, customer lists, financial reports and Web site listings of customers.