Urban Mapping, Inc. Application Programming Interface (API) Terms of Use Agreement

The license to the UrbanwareTM Neighborhoods API described in this Agreement is offered on a subscription basis only and solely as a web service. By submitting the information required by Urban Mapping, Inc. (“UMI”) you agree to be bound by this Agreement and the terms of the license; if you are using a license for a corporate or governmental entity then you are agreeing to this Agreement and the terms of this license on behalf of your employer and certifying that you have the authority to do so. UMI may change these terms at any time by posting such amended terms without any other notice to you.

When your subscription is accepted by UMI such acceptance shall provide you with a limited, terminable license to make use of the data UMI makes available via the API as well as of the API itself, all subject to the terms and conditions of this Agreement. The data made available under this license pertains only to the USA and Canada.

At this time the license granted herein is available at no charge, however, UMI reserves the right to impose a fee in the future.

UMI may at any time limit your use of, or otherwise restrict the number of requests made or responded to, pursuant to this Agreement and the license for network management, traffic/load balancing, and other reasons at its discretion.

Subscribers are expressly forbidden from reverse engineering any code or software licensed hereby or otherwise determining geographic coordinates via this service.

The license is to be used only by you. You may not permit any other person to use it for any reason whatsoever provided that if the license is purchased by a corporate or governmental entity then any employee of such entity may use the license in furtherance of the subscribing entity’s goals.

The Neighborhoods API service is provided on an as-is, best-efforts basis, and all warranties are expressly disclaimed including any implied warranties whether at law or otherwise. UMI will make all commercially reasonable efforts to ensure that its web site is available on a 24/7 basis but there can be no assurances that it will always be available. Access to the UMI web sites is governed by this Subscription Agreement and any other terms of use that UMI may apply to such access from time to time. UMI makes all reasonable and commercially practicable efforts to ensure that its data is correct and complete but is not responsible for any errors or omissions the data may contain. UMI reserves the right to make any technical or other changes to the Service without notice, and your continued use of the Service thereafter shall serve as your acceptance of such changes. For technical support, you may contact support(at)urbanmapping(dot)com and UMI will make its best efforts to respond.

By signing this Agreement, the subscriber agrees to provide attribution in the form of “Neighborhood data, © 2008 Urban Mapping Inc.” which must link to http://urbanmapping.com, on the website/application, or in the form of the UMI logo (linked to the same address), in either event such attribution or display to be prominent. If you elect to display the UMI logo, UMI grants you a limited license to do so for the duration of the subscription and solely for the purposes set forth in this Agreement, and you agree to remove the UMI logo as soon as commercially practicable upon expiration of the subscription. Additionally, by signing this agreement, you permit UMI to use your name for promotional purposes.

UMI may immediately and without prior notice terminate the subscription if, in UMI’s reasonable discretion, UMI determines that it is being used for any illegal purpose. UMI may refuse an initial subscription or any subsequent renewal for any reason.

NEITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY THIRD-PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT SUCH PARTY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN, AND (B) IN NO EVENT SHALL UMI’S LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID TO UMI BY SUBSCRIBER DURING THE IMMEDIATELY PRECEDING 12 MONTHS.

This Agreement shall be governed by the laws of the state of California except its laws as to conflict of laws. The courts in and for the City of San Francisco shall have exclusive jurisdiction.