Terms of Use

Last Updated: February 5, 2018

These terms of use (the "Terms") is a binding agreement between you, a user ("you") and  Contact Mapping, Inc.  (“Contact Mapping”, "us" or "we") governing your use of the Contact Mapping mobile application (the “Service”). Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

 

By accessing or using the Service, you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).  If you do not agree with all of the provisions of these Terms, do not access and/or use the Service. These terms include an obligation to submit all claims to arbitration, and you are waiving your right to a jury trial. These Terms apply to all visitors, members, and others who access the Service (“you”). Contact Mapping reserves the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Service.

 

General

Contact Mapping lets users upload their contacts from their mobile device to the Service and lets them add additional information to such contacts. 

You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any users previously removed from the Service by Contact Mapping.

We reserve the right to decline services to you for any reason without explanation. You agree to (a) provide accurate, current and complete information as prompted by any registration forms on the Service; (b) maintain and promptly update such information and any other information provided to  Contact Mapping to keep it accurate, current and complete; (c) maintain the security of your password and identification; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

License AND RESTRICTIONS

The Service is licensed, not sold, to you for use only under the terms of the Terms. Subject to your complete and ongoing compliance with the terms and conditions of the Terms, Contact Mapping hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your own personal use. Contact Mapping and its licensors retains sole and exclusive ownership of all rights, title and interests in the Service, the website, and all content, information, images, videos, and other information or materials available through the Service, and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. You acknowledge and agree that Contact Mapping will have no obligation to provide you with any support or maintenance in connection with the Service. 

You may not modify, alter, reproduce, or distribute the Service or any content therein. You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the Terms, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms. Prohibited actions include, but are not limited to: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (b) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Contact Mapping servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Contact Mapping grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (m) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (n) harasses or advocates harassment of another person; (o) exploits people in a sexual or violent manner; (p) violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; (q) covering or obscuring the banner advertisements on any page on the Service via HTML/CSS or any other means; or (r) using the Service in a manner inconsistent with any and all applicable laws and regulations..

We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. 

The Service contains content, such video or audio works, clips, photos, designs, questionnaires, images, graphics, text, software, works of authorship, files, documents, applications, artwork, trademarks, intellectual property, or materials relating thereto or any other materials, and their selection, coordination and arrangement (collectively, the “Contact Mapping Content”). The Contact Mapping Content is the property of Contact Mapping and third parties and is protected by copyright under both United States and foreign laws. The Contact Mapping Content is made available to you only for your personal use on the Service as expressly permitted under these Terms. All copying, distribution or other use of the Contact Mapping Content is prohibited without the prior written consent of Contact Mapping. You have no right to engage in the commercial use, sale, resale, assignment, license, modification, making of copies or derivative versions, display, distribution or promotion of the Contact Mapping Content.
Contact Mapping is the owner of the Contact Mapping trademark, tradename and/or service marks (the “Trademark”). Nothing in these Terms or on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademark, without Contact Mapping’s prior written permission specific for each such use. Use of the Trademark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Contact Mapping in writing. All goodwill generated from the use of the Trademark inures to Contact Mapping’s benefit.

Elements of the Service are protected by copyright, trade dress, trademark, unfair competition, and other state or Federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Contact Mapping Content may be retransmitted without our express written consent in each and every instance.

We have provided our contact information and email links on the Service because we would like to hear from you. However, we do not want you to, and you should not, send Contact Mapping any documents or other materials that contain confidential or proprietary information. You agree that any documents or other materials that you send Contact Mapping become our physical property and we can use them in our discretion.

USER SUBMISSIONS

If you are a user, you may be able to upload contact information and add enhanced information to such contact information, which may include in each case name, employer information, address, phone, email, photo, birthdate, call notes, etc. ("User Submissions").  User Submissions shall include all Contacts and Enhanced Contacts as set forth in the Privacy Policy, which is incorporated hereto. Contact Mapping claims no ownership over your User Submissions.  You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any User Submissions that you post on or through the Service.

By creating, posting, or sharing User Submissions on or through the Service, and subject to Contact Mapping's Privacy Policy, you grant Contact Mapping a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, transmit, or display your User Submissions in order to provide you the Services.   Notwithstanding the foregoing, to the extent that your User Submissions are anonymized and aggregated by Contact Mapping or its partners,  Contact Mapping will own such anonymized and aggregated data and may use and share it for any purpose in its discretion. 

You represent and warrant that: (i) you own your User Submissions or otherwise have the right to post the User Submissions and grant the license set forth in the Terms, (ii) the posting and use of User Submissions on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of User Submissions on the Service does not result in a breach of contract between you and a third party. Subject to the Privacy Policy, you also acknowledge and agree that User Submissions are non-confidential and non-proprietary.

Fees

Some of the features of the Service may require the payment of fees, as set forth on the Service.  You represent and warrant that you have the right to provide Contact Mapping with any provided payment card information.  Certain aspects of the Service provided by Contact Mapping may require you to purchase a subscription for a period of time as specified during sign-up thereto (collectively a “Subscription”). Your Subscription will automatically continue on a month-to-month or year-to-year (however you originally signed up) basis unless you cancel your Subscription or we terminate it in our sole discretion.

In connection with any and all Subscriptions that you select to purchase you must provide Contact Mapping (or its third party payment processor(s)) with a current, valid, accepted method of payment, which may change from time to time ("Payment Method"). All Subscription purchases are subject to these Terms and any additional terms and conditions, including any fees, imposed by your financial services provider and/or mobile carrier, as applicable. By providing your account information in connection with any Subscription, you hereby authorize Contact Mapping (or its third-party payment processor(s)) to charge the total cost of said Subscription and agree to be responsible for all associated charges. Should charges for which you are responsible fail at the time payment is required, you will be responsible for costs associated with Contact Mapping's efforts to collect amounts due. You represent and warrant that all information you provide in connection with the purchase of a Subscription is true, up-to-date, accurate and complete and that you have the right to provide us with your Payment Method. We reserve the right to offer Subscriptions for the durations and at the corresponding costs that we determine appropriate, in our sole discretion.


In order to provide continuous service, Contact Mapping automatically renews all Subscriptions on the date the Subscription expires. Such renewals will be for the same duration of the original subscription term and will be billed at the non-discounted rate for the Subscription as of the date of your enrollment and according to your original billing cycle method (i.e. either month-to-month or year-to-year). By enrolling in a Subscription, you agree that your Subscription will be subject to the above-described automatic renewals. You authorize Contact Mapping to charge your Payment Method for such varying amounts and any other charges that you may incur in connection with your use of the Subscription. Your Subscription will remain in effect and continue to renew automatically (and your card on file will continue to be charged automatically and without notice to you) until it is cancelled as set forth herein.

IF YOU WISH TO CANCEL YOUR AUTOMATIC SUBSCRIPTION RENEWAL, YOU MAY DO SO BY: visiting your account settings page at https://account.contactmapping.com and going to the section called “Subscription” and clicking on “Cancel my subscription”. Contact Mapping will make reasonable efforts to process cancellation requests within two business days from the receipt of the cancellation request. If you terminate your account, your profile will be removed from the Service, however, deletion may not be immediate and Contact Mapping may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.


You should be sure to review the product options on the Service for pricing.  All Fees are due and payable in advance of services.  All monetary transactions on the Service take place in U.S. Dollars, unless otherwise expressly set forth on the Service.  Clients are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service, except for taxes on Contact Mapping's income. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.  All Services are non-refundable and non-returnable. 

You will be responsible for costs associated with Contact Mapping’s efforts to collect amounts due, including any attorney’s fees or collection agency fees. You may incur third party fees through use of the Service, such as fees charged by your carrier for data usage.  You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.

NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

It is Contact Mapping's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Contact Mapping 's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit Contact Mapping to contact you, such as your address, telephone number, and, e-mail address; (e) 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 law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA Agent:

Attn: Copyright Agent

Contact Mapping, Inc.

750 W 17th Ave, Suite 2

Longmont, CO 80501

Contact Mapping may at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

PROCESSING OF PERSONAL DATA

Any information that you provide to Contact Mapping through the Service is subject to Contact Mapping’s Privacy Policy and is hereby incorporated by reference. Your use of the Service constitutes your consent to the collection and use of your personal information, as described in the Privacy Policy.

NO WARRANTY/ LIMITATION OF LIABILITY

The Service and any related content or information is provided on an "as is" and "as available" basis without any warranties of any kind. Contact Mapping makes no, and hereby disclaims all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties rights, and fitness for particular purpose. Contact Mapping reserves the right to change functionality and content offered under the Service on an ongoing basis.

In no event shall Contact Mapping be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Service and the Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law. The liability of Contact Mapping arising from any error or other circumstance that may give rise to liability in relation to the Service shall – except for instances of gross negligence and willful misconduct - be limited to Fifty US dollars ($50).

Contact Mapping does not warrant that the Service will operate error-free or that the Service, its server, or the Content are free of computer viruses or similar contamination or destructive features. Updates to the Service may take place on a regular basis. Contact Mapping reserves the right to add or remove features, content, or support for specific devices. Contact Mapping may remove any User Submissions in its discretion.

INDEMNIFICATION

You agree to defend, indemnify, and hold Contact Mapping harmless from and against any claims, losses, expenses, damages, fines, fees, actions or demands, including, without limitation, reasonable legal and accounting fees, arising from, relating to or resulting from (a) your breach or alleged breach of these Terms; (b) your access to, use or misuse of the Contact Mapping Content or the Service; (c) your violation of any law or the rights of a third party; or (d) any use of your User Submissions. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

TERMINATION

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Terms and your access to all or any part of the Service or the Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Service or the Content at any time without prior notice or liability.

LAW AND DISPUTE RESOLUTION

These Terms is governed by the laws of the State of Colorado, without respect to its conflict of laws provisions that would require the application of the laws of a different jurisdiction. If you believe that Contact Mapping has not adhered to these Terms, please contact Contact Mapping by e-mail at tos@contactmapping.com. We will do our best to address your concerns.  If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.  If you and Contact Mapping are unable to reach a resolution to the dispute, you and Contact Mapping will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. A

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.  ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the ”AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR CONTACT MAPPING WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.

If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.  If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.

AMENDMENT OF THE TERMS AND CONDITIONS

Contact Mapping may upon reasonable notice amend the terms and conditions of the present Terms or introduce new provisions, terms or conditions governing the use of the Service. If we make any substantial changes in the way we use your information, we will notify you by prominently posting notice of the changes on our Service.  Any material changes to these Terms will be effective following our posting of notice of the changes on our site.  Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address. In any event, changes to these Terms may affect our use of information that you provided us prior to our notification to you of the changes.  If you do not wish to permit changes in our use of your information, you must notify us promptly at the contact information set forth below.  Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

External Websites.

The Service may contain links to third-party websites, some of which may be displayed as a link within our own website (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked or framed External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked or framed External Websites, you do so at your own risk.

MISCELLANEOUS

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Contact Mapping. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  The terms and conditions set forth in these Terms shall be binding upon assignees.  Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision of these Terms. No waiver shall be effective against Contact Mapping unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

App Store Disclaimer

Contact Mapping and you acknowledge that this Policy applies between Contact Mapping and you, and not with Apple or Google. As between you, Contact Mapping and Apple and Google, Contact Mapping, not Apple or Google, is solely responsible for the Service and the content thereof.  To the extent this Policy provides for usage rules for the Service that are less restrictive than the required Usage Rules set forth for the Service at the App Store Terms of Service (“Usage Rules”) or are otherwise is in conflict with the Usage Rules, the more restrictive or conflicting term in the Usage Rules applies. The license granted to you for the Service is limited to a non-transferable license to use the Service on a device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Contact Mapping and you acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Service. Contact Mapping is solely responsible for any product warranties, as specified in this agreement. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple may choose to refund the purchase price for the Service to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Contact Mapping’s sole responsibility.  Contact Mapping and you acknowledge that Contact Mapping, not Apple or Google, is responsible for addressing any claims of you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Policy does not limit Contact Mapping’s liability to you beyond what is permitted by applicable law. Contact Mapping and you acknowledge that, in the event of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Contact Mapping, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third-party terms of agreement when using the Service. Contact Mapping and you acknowledge and agree that Apple and Google, and Apple’s and Google’s subsidiaries, are third party beneficiaries of this Policy, and that, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Policy against you as a third-party beneficiary thereof.

Contact Information

Contact Mapping, Inc.

750 W. 17th Ave., Suite 2

Longmont, CO 80501

tos@contactmapping.com