Terms & Conditions
The data, services, and other material ("Product(s)") are provided by IntraSearch, Inc. dba MapMart ("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 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 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 MapMart.
2. WARRANTY. THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MAPMART SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES AND IN NO EVENT SHALL MAPMART BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE MAPMART PRODUCTS IN EXCESS OF THE AMOUNTS PAID HEREUNDER BY CUSTOMER TO 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 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 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 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.