Third Party Materials
SixMap may provide third-party content on the Websites, run third parties’ advertisements or promotions on the Websites, or otherwise provide information about or links to third-party websites and other third-party content, products, or services on the Websites (collectively, “Third Party Materials”). SixMap does so for your convenience only and does not control, endorse or make any representations or warranties regarding any Third Party Materials, including, without limitation, regarding the accuracy, efficacy, safety, or completeness thereof. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. You acknowledge and agree that your use of any Third Party Materials is at your own risk and that SixMap is not responsible or liable in any manner for any such Third Party Materials, or for any loss or damage you may incur as the result of your use of such Third Party Materials.
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SIXMAP IS PROVIDING THE WEBSITES AND THE WEBSITE MATERIALS ON AN “AS IS,” “AS AVAILABLE” BASIS, FOR USE AT YOUR OWN RISK. SIXMAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES AND THE WEBSITE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, QUIET ENJOYMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. SIXMAP DOES NOT WARRANT THAT YOUR USE OF THE WEBSITES OR THE WEBSITE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE. SIXMAP ALSO MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ANY OF ITS AFFILIATES OR LICENSORS. YOUR SOLE REMEDY AGAINST SIXMAP OR ITS AFFILIATES OR LICENSORS FOR DISSATISFACTION WITH THE WEBSITES OR THE WEBSITE MATERIALS, OR FOR ANY DAMAGE CAUSED THEREBY, IS TO STOP USING THE WEBSITES OR THE WEBSITE MATERIALS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIXMAP, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITES OR THE WEBSITE MATERIALS OR WITH DELAYS OR INABILITY TO ACCESS, OR USE THE WEBSITES OR THE WEBSITE MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING FROM YOUR RELIANCE UPON THE WEBSITE MATERIALS OR ANY OTHER OPINIONS OR INFORMATION APPEARING ON THE WEBSITES; THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SIXMAP’S RECORDS, PROGRAMS OR SERVICES; ARISING FROM ANY LINKED WEBSITES OPERATED BY THIRD PARTIES OR ANY THIRD PARTY MATERIALS MADE AVAILABLE VIA THE WEBSITES, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF SIXMAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, SIXMAP IS FOUND LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF SIXMAP WILL IN NO EVENT EXCEED THE FEES YOU PAID TO SIXMAP FOR ACCESS TO AND USE OF THE WEBSITES (IF ANY). THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES.
Termination and Discontinuance
SixMap reserves the right, without notice and in its sole discretion, to terminate, suspend or disable your access to the Websites or the Website Materials if SixMap believes you’re violating these Terms or any laws, rules, or regulations. SixMap also reserves the right, at any time, to discontinue or modify the Websites or the Website Materials, or any portion thereof. You agree that SixMap will not be liable to you or to any third party for any termination, modification, suspension, or discontinuance of the Websites, the Website Materials, or any portion thereof.
These Terms shall be governed and construed in accordance with the laws of the state of Delaware, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. No waiver of any breach or default in one instance will constitute a waiver of any subsequent breach or default. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Websites and the Website Materials.
Any controversy or claim arising out of or relating to these Terms, including, but not limited to, the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in New Castle County, Delaware. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms.
YOU AND SIXMAP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
You agree you will comply with all applicable laws in connection with your access to and use of the Websites and the Website Materials. You shall not, without prior U.S. government authorization, export, re-export, or transfer the Websites, the Website Materials, or any other SixMap products, services, or technology, either directly or indirectly, in violation of such applicable laws and regulations. These Terms are personal to you, and you may not assign or delegate your rights and/or duties under these Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that SixMap has the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations under these Terms.