Proprietary Rights

MapWise^TM is a trademark of MapWise Software, LLC. All other trademarks, names, and logos on this Site are the property of their respective owners.

Unless otherwise specified, all information and screens appearing on the Site including documents, screenshots of the software program, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of MapWise, Software, LLC. Copyright © 2009 MapWise, Software, LLC. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

MapWise has a pending patent application(s) on the software program.

Copyright and Trademark Infringements

MapWise respects the intellectual property rights of others, and we ask you to do the same. MapWise may, in appropriate circumstances and at our discretion, terminate the Service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide MapWise’s designated agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit MapWise to locate the material.
• Information reasonably sufficient to permit MapWise to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• 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 and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MapWise’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail:
MapWise Software, LLC
PO Box 55182
Madison, WI 53705

By e-mail: info@mapwisesoftware.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification:

If you are a user who posted allegedly infringing material and who received notification to that effect from MapWise, you may elect to send us a counter notice. To be effective such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

• Your physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which MapWise may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.

Such written notice should be sent to our designated agent as follows:

By mail:
MapWise Software, LLC
4510 Regent St.
Madison, WI 53705

By e-mail: info@mapwisesoftware.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Only the intellectual property rights owner is permitted to report potentially infringing items through MapWise’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

Termination

MapWise may immediately terminate your access to the Site or Restricted Areas at any time without notice by blocking IP addresses and domain names. MapWise has the right to terminate any password-restricted account at any time for any reason. Any breach of these Terms, If you wish to terminate your account, simply discontinue using the Service and immediately destroy any downloaded or printed Software or Materials. All provisions of these Terms which by their nature continue and survive shall survive any termination of this Agreement.

Disclaimer of Warranties

Your use of the Site and/or the Service is at your own risk. You agree that neither MapWise nor its agents or representatives shall be responsible for loss, destruction, or alteration of programs, content, data and other information resulting from use of the Software or the Service. MAPWISE, ON ITS OWN BEHALF AND THAT OF ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICE OR ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICE, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MAPWISE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE OR THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAPWISE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

MAPWISE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING OR DOWNLOADING ANY SOFTWARE OR MATERIALS ON THE SITE. IN NO EVENT SHALL MAPWISE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF MAPWISE KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

MapWise controls and operates the Site from its headquarters in the United States and the Materials may not be appropriate or available for use in other locations. If you use the Site outside the United States, you are responsible for following applicable local laws.

Dispute Resolution

A printed version of the Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and MapWise agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose or such cause of action will be permanently barred.

General

The Terms are personal to you and may not be assigned, transferred or sublicensed by you without MapWise’s prior written consent. MapWise may assign, transfer or delegate any of its rights and obligations hereunder. The Terms shall be governed and construed in accordance with the laws of the State of Wisconsin, without regard to choice of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the courts located in the State of Wisconsin. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. MapWise’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and MapWise and supersede all prior or contemporaneous negotiations, discussions or agreements between you and MapWise about the Site.