Effective as of March 21, 2018
Please carefully read these Terms of Service ("Terms"), which govern your use of this website and the geographical data service ("Service") provided through this website and owned and operated by Interline Technologies LLC ("Interline," "we" or "us").
Registration and Ordering
To access certain features or areas of the Service and Content, you may be required to provide personal information such as your name and email address as part of a registration or log-in process. In addition, certain features of the Service are only available to our registered users, and to access those areas of the Services you will be required to log in using your username and email password. By submitting an order form or proceeding with an order on this website ("Order") or clicking "accept," you indicate you have read, understand, accept and agree to be bound by these Terms on behalf of yourself as an individual and, if applicable, as an authorized representative of your company, association, agency or other legal entity. If you do not agree with these Terms, do not submit an Order or click "accept." These Terms are effective when you accept them. You acknowledge these Terms are a contract between you and Interline, even though it is electronic and is not physically signed. These Terms supersede any other agreements between you and Interline.
Service Description, Access and Use
Service Description. The "Service" includes all data, text, images, sounds, videos, reports, and other content made available through this website ("Content"), and any training and support provided by Interline.
License. Subject to these Terms, Interline grants you a worldwide, non-exclusive, non-transferable and revocable license to access the Service and use the Content ordered through the Service, on a one time basis or subscription basis during a specified term as set forth in the applicable Order, solely for personal or internal business use to integrate the Content into your apps, software or devices, and create and distribute maps and routing outputs for use by your end users. Certain portions of the Content are provided under license from third parties, and are subject to copyright and other intellectual property rights owned or licensed by such third parties. We and our licensors have the right to enforce such rights as contractual rights pursuant to these Terms.
Limitations. You may not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, host or otherwise commercially exploit or make the Service or Content available to any third party on a standalone basis or in a competitive service, except as expressly permitted by these Terms; (b) modify, adapt or "hack" the Service or Content to falsely imply any sponsorship or association with Interline, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (c) use the Service or Content in any unlawful manner, including but not limited to violation of any person's privacy rights, infringing any person's intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law, (d) use the Service or Content in any manner that interferes with or disrupts the integrity or performance of the Service or Content and its components; (e) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service or Content; (f) use the Service or Content to post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; or (g) or use the Service or Content to create, deliver training on, improve (directly or indirectly) or other a substantially similar product or service, or otherwise in violation of these Terms.
End User License Agreement. For your products and service, you must have users accept an enforceable an end-user license agreement that includes a disclaimer of all liability of Interline (or generally, your "licensors"). If you use location data in the Content to produce dynamic maps and other visualizations that can be used to provide directions and similar results for a variety of commercial and consumer applications, such as turn-by-turn route guidance and other routing ("Real Time Navigation"), then you must include the following notice in your end user license agreement: "YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE."
Third Party Data and Services. Depending on the type of Service you use, you may be required to use data and materials of third parties, such as OpenStreetMap data, whether you obtain them separately or through us ("Third Party Data"). Third Party Data is not part of the Services, and your use of Third Party Data is governed by terms and conditions of those Third Party Data providers. For example, any data subject to an ODC Open Database License (ODbL) may be used for commercial purposes only according to its terms and provided you comply with its attribution and share-alike terms. This website and the Service may also contain links to, or otherwise may allow you to connect to and use certain third-party products, services or software under separate terms and conditions (collectively, "Other Services") in conjunction with Interline's Service. If you decide to access and use such Other Services, be advised your use is governed solely by the terms and conditions of such Other Services, and Interline does not endorse, is not responsible for, and make no representations as to such Other Services, their content or the manner in which they handle your data. Interline is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Other Services, or your reliance on the privacy practices or other policies of such Other Services.
Proprietary Rights. All rights, title and interest in and to the Service and Content, all improvements, modifications and derivative works, and all related intellectual property rights, will remain with and belong exclusively to Interline and its third-party licensors. We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Service, Content or any portion of the Services and Content. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Attribution. You agree to attribute ownership of the Content to Interline by including the following notice on the maps you display: "© [year of use] Interline and © [year of use] OpenStreetMap contributors." For browsable electronic maps, the attribution must appear in the bottom corner of the map. For images, video, or printed maps, a similar attribution must appear in a clearly visible textual description near the map, similar to the way a photograph is attributed.
Payment. You agree Interline may bill you the applicable fees per your Order and associated taxes (if any), and charge your credit card or invoice you in accordance with the Order billing terms in effect at the time the fees are due and payable. Invoices are due 14 days after the date of invoice. All purchases are non-cancellable and all charges are non-refundable except as expressly set forth herein. Payments made after their due date will incur a daily simple interest from the original invoice due date at a rate equal to one percent (1%) per month or the maximum rate permitted by applicable law, whichever is lower. You shall pay all such interest and reasonable costs of collection, including but not limited to, reasonable attorneys' fees and court costs. If payment cannot be charged to your credit card or is not received for any reason, Interline may suspend or terminate your Order and your access to the Service.
Maintenance and Support
You are solely responsible for maintaining and supporting the products and services into which you incorporate the Content, and any complaints about your products and services, and any loss, liability, damages, fines, penalties, costs and expenses that you, a user, we or a third party may suffer arising out of the use or distribution of your products and services.
Interline will maintain and support the Service and Content in accordance with support terms set forth athttps://www.interline.io/support/.
Warranty Disclaimer; Limitation of Liability; Indemnification.
The Service and Content are provided on an "as is" and "as available" basis without any warranties of any kind to the fullest extent permitted by law. Interline expressly disclaims any and all warranties, whether express or implied, including without limitation, any warranty of title or non-infringement and the implied warranties of merchantability or fitness for a particular purpose. You agree that use of our Service or Content is at your own risk and acknowledge Interline does not warrant the Service and/or Content will be uninterrupted, secure, timely, or error or virus free. Although we try to make the Content accurate and current, we reserve the right to change or correct the Content at any time. We cannot and do not guarantee the correctness, currency, precision or completeness of the Content.
If you are dissatisfied with the Service or Content, your sole remedy is to cease using the Service. Neither Interline nor any of its directors, officers, employees, agents, licensors or suppliers, to the maximum extent permitted by law, shall be liable for any incidental, consequential, special, indirect, punitive, exemplary or similar damages, including without limitation, lost profits, savings or revenue, business interruption, the use or inability to use the Service and/or any Content, or any other loss, however caused and on any theory of liability, whether liability is asserted in contract, tort (including negligence), strict liability, or otherwise, in any way arising out of the Service or Content, even if advised of the possibility of such damage and notwithstanding the failure of the essential purpose of any remedy. Interline's total liability shall be limited to the lesser of (a) direct damages incurred by you or (b) fees received by Interline from you during the twelve (12) months immediately prior to the date on which the cause of action for such claim arose.
Some states do not allow the exclusion of implied warranties or limitations of liability for incidental or consequential damages, which means some of the above limitations may not apply to you. In these states, Interline's liability will be limited to the greatest extent permitted by applicable law.
Neither Interline nor any of its directors, officers, employees, agents, licensors or suppliers will be responsible or liable for any damages or losses arising out of, relating to or that result from (a) your use of the Content in high risk activities where the use or failure of the Service or Content could lead to death, personal injury or property damage, or (b) for your end users' use of the Content in your products and services. You agree to defend, indemnify, and hold harmless Interline from and against any claims, actions or demands, including, without limitation, reasonable legal and professional services fees, arising or resulting from your breach of these Terms, or your and your end users' access to, use, misuse or unlawful use of the Service or Content. Interline will provide you notice of any such claim, suit, or proceeding. Interline reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case you agree to cooperate with any reasonable requests to assist Interline's defense of such matter.
Assignment. These Terms shall bind and benefit the parties and their respective successors and assigns.
Amendment. Interline may amend these Terms from time to time, in which case the new Terms will supersede prior versions. It is your responsibility to review these terms from time to time; provided, Interline will provide registered active users of the Service with an email notice of the change. In the event you do not agree to any revised Terms, you must immediately cease using the Service and these Terms will terminate.
Severability. If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
Governing Law. These Terms shall be governed by the laws of the State of California without regard to conflict of laws principles. you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California located in San Francisco, to resolve any dispute relating to these Terms or your access to or use of the Service.
Waiver. Interline's failure to enforce at any time any provision of these Terms does not constitute a waiver of provision or of any other provision of these Terms, which must be in writing signed by Interline.
Force Majeure. Interline shall not be responsible or liable by reason of any failure or delay in the performance of its obligations under these Terms because of any cause beyond its reasonable control.
Export. Certain Content and software components of the Service may be subject to U.S. export control and economic sanctions laws. If you are subject to U.S. laws, you agree to comply with all such laws and regulations as they relate to the software and Content, and access and use of the Service. You shall not access or use the Service if you are located in a country in which the U.S. Department of Commerce, Bureau of Industry and Security, has prohibited certain exports. A list of such prohibited jurisdictions can be found its website athttp://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear. You shall also not provide access to the Service to any government, entity or individual located in such prohibited jurisdictions.