Terms of use
EXAMINE THIS DOCUMENT CAREFULLY, AS IT HOLDS CRITICAL INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND RESPONSIBILITIES CONCERNING EARTHVIEW3D. BY ACCEPTING THESE TERMS, USING THE SITE, OR DOWNLOADING THE EXTENSION, YOU COMMIT TO FULLY ADHERE TO THESE TERMS. FAILURE TO AGREE TO ANY ASPECT OF THESE TERMS
REQUIRES IMMEDIATE CESSATION OF SITE USAGE AND EXTENSION ACCESS.
NOTE: THESE TERMS INCLUDE A SECTION ON DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER, IMPACTING YOUR RIGHTS IN CASE OF DISPUTES WITH EARTHVIEW3D. YOU CAN OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER BY FOLLOWING THE INSTRUCTIONS BELOW.
Welcome to EarthView3D (referred to as the "Site")! This agreement (the "Terms") outlines the terms and conditions between you and EarthView3D (referred to as "EarthView3D," "we," "us," or "our") regarding your use of our Site and Extension (as defined below). We strongly recommend reviewing our Privacy Policy, which applies to the information collected from you through our Site and Extension.
Modifications
We may modify these Terms and our Privacy Policy at any time at our discretion. The date at the bottom of these Terms indicates the most recent modifications. Additionally, EarthView3D reserves the right to update and modify our Site and Extension. Your continued use of the Site and Extension after such updates or modifications indicates your agreement to these changes.
Our Services
You can download our extension (the "Extension") to access interactive maps, navigation, traffic alerts, directions, local gas prices, and suggested destinations directly from your browser. EarthView3D is supported by third-party links, features, and materials to provide you access to our content for free (collectively, "Third-Party Materials"). EarthView3D does not own, review, or control any Third-Party Materials and bears no responsibility and assumes no liability for your use and/or access to such Third-Party Materials. The display of Third-Party Materials on the Site and Extension does not imply endorsement or association. You agree to hold EarthView3D harmless from any liabilities arising from your use and/or access to any Third-Party Materials via the Site and Extension. The third parties that own, review, or control such Third-Party Materials may have separate terms of use and/or privacy policies available, and we recommend reviewing them before interacting with the Third-Party Materials. If you choose not to use or access our services or receive Third-Party Materials, please uninstall our Extension and discontinue accessing our Site.
Intellectual Property Rights
EarthView3D is the exclusive owner of the Site, Extension, and any copyrights, trademarks, patents, trade secrets, and other intellectual property rights contained therein. This includes, but is not limited to, all graphics, videos, text, features, sounds, documents descriptions, services, and all other content on and through the Site and Extension ("EarthView3D Materials"). You agree not to use, download, save, copy, display, sell, license, or otherwise exploit the Site, Extension, or EarthView3D Materials, or any portion thereof, without the prior written permission of EarthView3D or its authorized representative. EarthView3D reserves all rights in and to the Site, Extension, and EarthView3D Materials. Additionally, be aware that Third-Party Materials are owned by the respective third party and may be protected by other applicable laws.
Disclaimer and Warranty
EARTHVIEW3D PROVIDES THE SITE, EXTENSION, AND EARTHVIEW3D MATERIALS "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, EARTHVIEW3D EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS THOSE WARRANTIES ARISING BY STATUTE, THROUGH COURSE OF TRADE, USAGE OR DEALING, OR OTHERWISE. ADDITIONALLY, EARTHVIEW3D DOES NOT WARRANT THAT THE SITE AND/OR EXTENSION WILL BE FREE OF ERRORS, INTERRUPTIONS, DELAYS, VIRUSES, OR COMMUNICATION FAILURES, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON CONTRACTUAL BREACH, NEGLIGENCE, TORT, OR ANY OTHER CAUSE OF ACTION.
EARTHVIEW3D WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE SITE AND EXTENSION FUNCTION AS PROMISED. HOWEVER, EARTHVIEW3D CANNOT GUARANTEE THAT THE SITE AND EXTENSION WILL BE FREE OF SECURITY BREACHES, VIRUS ATTACKS, OR BUGS, OR THAT THEY WILL ALWAYS OPERATE UNINTERRUPTED. THE SITE AND EXTENSION MAY BE UNAVAILABLE AT CERTAIN TIMES DUE TO ROUTINE MAINTENANCE AND TECHNICAL FIXES. FURTHERMORE, YOU ACKNOWLEDGE THAT EARTHVIEW3D IS NOT RESPONSIBLE NOR LIABLE FOR ANY CONSEQUENCES THAT YOU OR OTHER USERS MAY EXPERIENCE, INCLUDING BUT NOT LIMITED TO, SLOW INTERNET CONNECTIONS, GENERAL INTERNET PROBLEMS, OR OVERLOADING OF OUR SERVERS.
Indemnity
By using EarthView3D Site and Extension, you agree to indemnify, defend, and hold harmless EarthView3D and its owners, officers, directors, employees, affiliates, successors, agents, and representatives (collectively, "Related Parties") from any and all claims, damages, liabilities, losses, expenses, and costs (including reasonable attorneys' fees) that may arise from your use of the Site or Extension or your violation of these Terms or any third-party rights, including any intellectual property rights.
Restrictions
You may only use our Site and Extension if you agree: (a) not to circumvent, disable, or interfere with the Site and Extension's security-related features; (b) not to distribute, copy, or modify any part of the Site or Extension; and (c) to abide by these Terms and our Privacy Policy. You are responsible for maintaining and acquiring any needed services, equipment, and associated expenses to use and access the Site and Extension, such as expenses associated with connecting to the Internet for such use. EarthView3D has the right, in its sole discretion, to immediately terminate your usage of and access to the Site and Extension, with or without cause.
Copyright Infringement
EarthView3D treats allegations of copyright infringement seriously and responds to such notices under the Digital Millennium Copyright Act (DMCA). If you are the copyright owner or an agent acting on behalf of the copyright owner, and you believe any material displayed on our Site infringes your or the owner's copyright, please follow the instructions on our Copyright Policy and send your notice to . We will investigate the allegations and respond as soon as possible.
Uninstall
You can remove and uninstall the Extension at any time. Uninstall instructions are available on our Site. Additionally, please clear the browsing history and cache from your browser after uninstalling the Extension. If you encounter any difficulties uninstalling the Extension, please contact us at .
Limitation of Liability
IN NO EVENT SHALL EARTHVIEW3D OR ITS RELATED PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF BUSINESS PROFITS AND SAVINGS, LOSS OF REPUTATION, GOODWILL, OR MONEY, OR THE LIKE; OR (B) ANY OTHER CLAIMS, LIABILITIES, OR DAMAGES ARISING OUT OF THE AVAILABILITY OF THE SITE AND/OR EXTENSION OR YOUR USE, RELIANCE ON, OR INABILITY TO USE THE SITE AND/OR EXTENSION, EVEN IF EARTHVIEW3D AND ITS RELATED PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN TORT, CONTRACT, OR OTHERWISE. IN ADDITION, EARTHVIEW3D AND ITS RELATED PARTIES SHALL NOT BE LIABLE FOR ANY CLAIM RELATED TO ANY OMISSIONS, ERRORS, OR OTHER INACCURACIES ON THE SITE OR EXTENSION. SOME STATES OR JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES LISTED ABOVE. AS SUCH, EARTHVIEW3D’S LIABILITY (INCLUDING THOSE OF ITS RELATED PARTIES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Disputes
For questions or concerns about these Terms, the Site, and/or the Extension, please contact . EarthView3D will respond to your email within thirty (30) days. If your issue cannot be resolved by EarthView3D, you may pursue your claim or dispute as described below.
Any claim or dispute you may have with EarthView3D regarding these Terms, the Site, and/or the Extension shall be resolved through final binding arbitration. The arbitration shall be conducted by the American Arbitration Association, and any claims or disputes must be brought individually and not as part of or on behalf of a class. If you wish to opt out of binding arbitration and the class action waiver, you must email within thirty (30) days of accessing the Site or downloading our Extension with your opt-out request.
Governing Law and Venue
These terms and our Privacy Policy are governed by California state law, excluding its conflicts-of-law rules. Be aware that laws in a different state or jurisdiction may also apply to your use of the Site and Extension. You expressly agree that any claim or dispute with EarthView3D, including any claim involving your use of the Site and/or Extension, shall be resolved exclusively in the courts of the state of California, including any claim involving EarthView3D or its Related Parties.
Entire Agreement
These Terms constitute the entire agreement between you and EarthView3D concerning the Site and Extension and supersede any and all prior oral or written agreements or discussions between you and EarthView3D. EarthView3D may modify or change these Terms as described above.
Severability
If any portion of these Terms or our Privacy Policy is held invalid or unenforceable, such portion shall be interpreted in a manner consistent with applicable law to reflect the original intention of the parties as closely as possible. All remaining provisions shall remain in full force and effect.
Contact
If you have any questions or concerns about these Terms, our Privacy Policy, the Site, and/or the Extension, please contact us at .
REQUIRES IMMEDIATE CESSATION OF SITE USAGE AND EXTENSION ACCESS.
NOTE: THESE TERMS INCLUDE A SECTION ON DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER, IMPACTING YOUR RIGHTS IN CASE OF DISPUTES WITH EARTHVIEW3D. YOU CAN OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER BY FOLLOWING THE INSTRUCTIONS BELOW.
Welcome to EarthView3D (referred to as the "Site")! This agreement (the "Terms") outlines the terms and conditions between you and EarthView3D (referred to as "EarthView3D," "we," "us," or "our") regarding your use of our Site and Extension (as defined below). We strongly recommend reviewing our Privacy Policy, which applies to the information collected from you through our Site and Extension.
Modifications
We may modify these Terms and our Privacy Policy at any time at our discretion. The date at the bottom of these Terms indicates the most recent modifications. Additionally, EarthView3D reserves the right to update and modify our Site and Extension. Your continued use of the Site and Extension after such updates or modifications indicates your agreement to these changes.
Our Services
You can download our extension (the "Extension") to access interactive maps, navigation, traffic alerts, directions, local gas prices, and suggested destinations directly from your browser. EarthView3D is supported by third-party links, features, and materials to provide you access to our content for free (collectively, "Third-Party Materials"). EarthView3D does not own, review, or control any Third-Party Materials and bears no responsibility and assumes no liability for your use and/or access to such Third-Party Materials. The display of Third-Party Materials on the Site and Extension does not imply endorsement or association. You agree to hold EarthView3D harmless from any liabilities arising from your use and/or access to any Third-Party Materials via the Site and Extension. The third parties that own, review, or control such Third-Party Materials may have separate terms of use and/or privacy policies available, and we recommend reviewing them before interacting with the Third-Party Materials. If you choose not to use or access our services or receive Third-Party Materials, please uninstall our Extension and discontinue accessing our Site.
Intellectual Property Rights
EarthView3D is the exclusive owner of the Site, Extension, and any copyrights, trademarks, patents, trade secrets, and other intellectual property rights contained therein. This includes, but is not limited to, all graphics, videos, text, features, sounds, documents descriptions, services, and all other content on and through the Site and Extension ("EarthView3D Materials"). You agree not to use, download, save, copy, display, sell, license, or otherwise exploit the Site, Extension, or EarthView3D Materials, or any portion thereof, without the prior written permission of EarthView3D or its authorized representative. EarthView3D reserves all rights in and to the Site, Extension, and EarthView3D Materials. Additionally, be aware that Third-Party Materials are owned by the respective third party and may be protected by other applicable laws.
Disclaimer and Warranty
EARTHVIEW3D PROVIDES THE SITE, EXTENSION, AND EARTHVIEW3D MATERIALS "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, EARTHVIEW3D EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS THOSE WARRANTIES ARISING BY STATUTE, THROUGH COURSE OF TRADE, USAGE OR DEALING, OR OTHERWISE. ADDITIONALLY, EARTHVIEW3D DOES NOT WARRANT THAT THE SITE AND/OR EXTENSION WILL BE FREE OF ERRORS, INTERRUPTIONS, DELAYS, VIRUSES, OR COMMUNICATION FAILURES, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON CONTRACTUAL BREACH, NEGLIGENCE, TORT, OR ANY OTHER CAUSE OF ACTION.
EARTHVIEW3D WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE SITE AND EXTENSION FUNCTION AS PROMISED. HOWEVER, EARTHVIEW3D CANNOT GUARANTEE THAT THE SITE AND EXTENSION WILL BE FREE OF SECURITY BREACHES, VIRUS ATTACKS, OR BUGS, OR THAT THEY WILL ALWAYS OPERATE UNINTERRUPTED. THE SITE AND EXTENSION MAY BE UNAVAILABLE AT CERTAIN TIMES DUE TO ROUTINE MAINTENANCE AND TECHNICAL FIXES. FURTHERMORE, YOU ACKNOWLEDGE THAT EARTHVIEW3D IS NOT RESPONSIBLE NOR LIABLE FOR ANY CONSEQUENCES THAT YOU OR OTHER USERS MAY EXPERIENCE, INCLUDING BUT NOT LIMITED TO, SLOW INTERNET CONNECTIONS, GENERAL INTERNET PROBLEMS, OR OVERLOADING OF OUR SERVERS.
Indemnity
By using EarthView3D Site and Extension, you agree to indemnify, defend, and hold harmless EarthView3D and its owners, officers, directors, employees, affiliates, successors, agents, and representatives (collectively, "Related Parties") from any and all claims, damages, liabilities, losses, expenses, and costs (including reasonable attorneys' fees) that may arise from your use of the Site or Extension or your violation of these Terms or any third-party rights, including any intellectual property rights.
Restrictions
You may only use our Site and Extension if you agree: (a) not to circumvent, disable, or interfere with the Site and Extension's security-related features; (b) not to distribute, copy, or modify any part of the Site or Extension; and (c) to abide by these Terms and our Privacy Policy. You are responsible for maintaining and acquiring any needed services, equipment, and associated expenses to use and access the Site and Extension, such as expenses associated with connecting to the Internet for such use. EarthView3D has the right, in its sole discretion, to immediately terminate your usage of and access to the Site and Extension, with or without cause.
Copyright Infringement
EarthView3D treats allegations of copyright infringement seriously and responds to such notices under the Digital Millennium Copyright Act (DMCA). If you are the copyright owner or an agent acting on behalf of the copyright owner, and you believe any material displayed on our Site infringes your or the owner's copyright, please follow the instructions on our Copyright Policy and send your notice to . We will investigate the allegations and respond as soon as possible.
Uninstall
You can remove and uninstall the Extension at any time. Uninstall instructions are available on our Site. Additionally, please clear the browsing history and cache from your browser after uninstalling the Extension. If you encounter any difficulties uninstalling the Extension, please contact us at .
Limitation of Liability
IN NO EVENT SHALL EARTHVIEW3D OR ITS RELATED PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF BUSINESS PROFITS AND SAVINGS, LOSS OF REPUTATION, GOODWILL, OR MONEY, OR THE LIKE; OR (B) ANY OTHER CLAIMS, LIABILITIES, OR DAMAGES ARISING OUT OF THE AVAILABILITY OF THE SITE AND/OR EXTENSION OR YOUR USE, RELIANCE ON, OR INABILITY TO USE THE SITE AND/OR EXTENSION, EVEN IF EARTHVIEW3D AND ITS RELATED PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN TORT, CONTRACT, OR OTHERWISE. IN ADDITION, EARTHVIEW3D AND ITS RELATED PARTIES SHALL NOT BE LIABLE FOR ANY CLAIM RELATED TO ANY OMISSIONS, ERRORS, OR OTHER INACCURACIES ON THE SITE OR EXTENSION. SOME STATES OR JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES LISTED ABOVE. AS SUCH, EARTHVIEW3D’S LIABILITY (INCLUDING THOSE OF ITS RELATED PARTIES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Disputes
For questions or concerns about these Terms, the Site, and/or the Extension, please contact . EarthView3D will respond to your email within thirty (30) days. If your issue cannot be resolved by EarthView3D, you may pursue your claim or dispute as described below.
Any claim or dispute you may have with EarthView3D regarding these Terms, the Site, and/or the Extension shall be resolved through final binding arbitration. The arbitration shall be conducted by the American Arbitration Association, and any claims or disputes must be brought individually and not as part of or on behalf of a class. If you wish to opt out of binding arbitration and the class action waiver, you must email within thirty (30) days of accessing the Site or downloading our Extension with your opt-out request.
Governing Law and Venue
These terms and our Privacy Policy are governed by California state law, excluding its conflicts-of-law rules. Be aware that laws in a different state or jurisdiction may also apply to your use of the Site and Extension. You expressly agree that any claim or dispute with EarthView3D, including any claim involving your use of the Site and/or Extension, shall be resolved exclusively in the courts of the state of California, including any claim involving EarthView3D or its Related Parties.
Entire Agreement
These Terms constitute the entire agreement between you and EarthView3D concerning the Site and Extension and supersede any and all prior oral or written agreements or discussions between you and EarthView3D. EarthView3D may modify or change these Terms as described above.
Severability
If any portion of these Terms or our Privacy Policy is held invalid or unenforceable, such portion shall be interpreted in a manner consistent with applicable law to reflect the original intention of the parties as closely as possible. All remaining provisions shall remain in full force and effect.
Contact
If you have any questions or concerns about these Terms, our Privacy Policy, the Site, and/or the Extension, please contact us at .