The data, services, and other material ("Product(s)") are provided by Harris MapMart for clients ("Customer") subject to the following conditions:
1. RESTRICTIONS ON USE. The Products shall be used by Customer solely for its internal purposes and shall not be resold or otherwise disclosed to any third party without the prior written consent of Harris MapMart, and Customer shall not copy, decode, reverse engineer or use the Product for any other purpose. Notwithstanding anything in the foregoing to the contrary, Customer may disclose the data contained in the Product solely (i) in connection with Customers own research or marketing efforts, provided that Customer shall not resell any portion of the Product on a stand alone basis except as provided explicitly in clause (ii) below; and (ii) in connection with providing consulting or similar services to one (and not more than one) single customer, provided that such customer shall agree for the benefit of Harris MapMart not to resell, sub license or otherwise disclose any such data. Customer shall not place the Product on the Internet or any similar network service without a prior written agreement with Harris MapMart.
2. WARRANTY. THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HARRIS MAPMART SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES AND IN NO EVENT SHALL HARRIS MAPMART BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE HARRIS MAPMART PRODUCTS IN EXCESS OF THE AMOUNTS PAID HEREUNDER BY CUSTOMER TO HARRIS MAPMART WITH THE RESPECT TO THE PRODUCTS GIVING RISE TO SUCH CLAIM.
3. PAYMENT. Orders will be shipped upon credit card approval, on a COD basis or upon approved credit. Customer shall pay Harris MapMart, as the case may be, the applicable amounts set forth. Customer shall be responsible for any applicable sales, use, property and/or excise taxes. Standard unmodified U.S. Geologic Survey ("USGS") may be returned to Harris MapMart with a Return Merchandise Authorization ("RMA") number within 30 days for a refund, less a 25% restocking fee, providing such orders are returned intact; all data and all supporting documentation must be returned, and all copies or back-ups of data and documentation destroyed. Custom or modified USGS Products may not be returned for a refund.
4. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement and understanding between Harris MapMart and Customer and may not be modified except by a writing duly signed by both parties.
5. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Colorado and the parties hereby irrevocably submit to the exclusive jurisdiction of the federal and state courts of the State of Colorado, County of Arapahoe, for the resolution of any dispute arising hereunder or in connection herewith.
6. PRIVACY NOTICE This privacy notice discloses the privacy practices for www.mapmart.com. This privacy notice applies solely to information collected by this web site. It will notify Customer of the following:
- What personally identifiable information is collected from Customer through the web site, how it is used and with whom it may be shared.
- What choices are available to Customer regarding the use of Customer data.
- The security procedures in place to protect the misuse of your information.>
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
- See what data Harris MapMart has about Customer, if any.
- Change/correct any data Harris MapMart has about Customer.
- Have us delete any data Harris MapMart has about Customer.
- Express any concern Customer has about use of Customer data.
7. SECURITY Harris MapMart takes precautions to protect Customer information. When sensitive information is submitted via the website, Customer information is protected both online and offline. Whenever Harris MapMart collects sensitive information such as credit card data, that information is encrypted and transmitted to Harris MapMart in a secure way. Customer can verify this by looking for a closed lock icon at the bottom of web browser, or looking for "https" at the beginning of the address of the web page. While Harris MapMart uses encryption to protect sensitive information transmitted online, information is also protected offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which Harris MapMart stores personally identifiable information are kept in a secure environment.