“Last Updated 10-01-2019”
Innermap’s website, Application (“Apps”) and other web-based services, will be collectivelly referred to as “Products or Services”.
CALIFORNIA RESIDENT PRIVACY RIGHTS
California residents are entitled to request and receive from us, a list of all third parties to whom we have disclosed their personal information as well as the nature of personal information disclosed by us in prior calendar year.
Please note, we do not share our users’ personal information with third parties for their own marketing purposes, even though we may use it for our marketing purposes only.
HOW WE COLLECT YOUR PERSONAL INFORMATION?
We may collect your personal information in three different ways:
1. Information we obtain from your directly
2. Information we obtain from other sources
3. Information we obtain from tracking technologies including cookies and other web-based technologies such as :
a) Mobile Device Tracking
b) Social Media Widgets
c) Log File Tracking
WHAT KIND OF PERSONAL INFORMATION WE MAY COLLECT ABOUT YOU?
Personal information including, full name, age, date of birth, gender, email information, geographic location, nationality, marital status, language, profession, and meditation frequency.
WHAT IS THE PURPOSE FOR COLLECTING YOUR PERSONAL INFORMATION?
By collecting such personal information from you, or about you, we aim to create a more custom designed segmentation of products and services for your use and enjoyment. We will use software intelligent tools to catalog and process such data. Other than using such data to implement more tailor-made products and services, we may use your personal information for marketing additional products and services created and developed by us. However, we do not sell, lease, or otherwise disclose your personal information to third parties for their own marketing services without your specific consent.
WHAT ABOUT YOUR DEBIT/CREDIT CARD INFORMATION?
We do not collect your credit/debit card information when you pay for our products or services except the last 4 digits of your card. Our third party payment processor such as Apple App Store and alike, collect your credit card information for purchases made via our website or our Apps. However, those credit/debit card payment processors do not disclose your card information to us for security purposes other than our ability to identify you as a repeat user of our products for additional purchasers. Your card information such as type of card, expiration date, billing address and zip code, last 4 digits of your card, and your security code are stored with such payment processor(s).
WHAT OTHER PERSONAL INFORMATION WE MAY OBTAIN ABOUT YOU?
If you access our products or services through your social media platforms such as Facebook, we will obtain your Facebook profile information, email, Facebook ID, and other identifying information you have provided to Facebook or other social media platforms.
INFORMATION WE MAY OBTAIN BY YOUR USE OF ELECTRONIC COMMUNICATION
We may use your email for telemarketing of our promotional material and for other telemarketing purposes and for identifying user interest for our particular products or services. In that regard, we will use any personal information you provide to us when signing up to receive our promotional materials or additional information from us.
We do not sell, lease, or otherwise disclose your information to third parties for their promotional or marketing purposes. If you do not wish to receive further email or other promotional material from us, you may “unsubscribe” in the bottom of our page (you do not have to provide a reason) and we will immediately stop sending you emails.
PERSONAL INFORMATION WE MAY OBTAIN FROM OTHER SOURCES
PERSONAL INFORMATION WE MAY OBTAIN FROM TRACKING TECHNOLOGIES SUCH AS COOKIES AND OTHER WEB-BASED TECHNOLOGIES
SOCIAL MEDIA WIDGETS
We may invite you to “follow” or “like” our products or services (Apps) by clicking on social media platforms such as Facebook, Instagram, LinkedIn, and Twitter. If you have used any of these platforms on your device before, please note that their cookies may already be on your device and when you use them to access our products or services, your personal information that your profile leaves on those platforms may be shared with users of those social media platforms, protection of which information will be beyond our control.
WHAT DO WE USE YOUR INFORMATION FOR?
We obtain, maintain, hold, use, and process your personal information for the following reasons:
• To respond to your inquires, questions, or concerns about our products or services;
• To process your ability to access our products or services for which you have signed up or paid;
• To honor your request for technical support or “opting out”;
• Change your interest in our particular products or services;
• Verify your identity to allow you access to our products or services;
• Verify your account, account access, activity, use, and interest in our particular products or services;
• Process credit/debit card online payment for purchases of our products or services;
• Use of your information for our marketing purposes.
We may use your personal information to extend promotional material, special offers, or invitations to test specific features of our products or services or for promoting and marketing of new products or services.
Even though, we do not sell, lease, or otherwise disclose your information to third parties for their own marketing purposes and we only use your information for promotion of our products or services, you can nevertheless, “opt out” of the use of your personal information for our marketing purposes at any time.
USE OF YOUR INFORMATION FOR OUR PRODUCT DEVELOPMENT
We will use your personal information to develop a database that will allow us to offer our products and services in a more tailored and targeted fashion to a more suitable user audience. Our business model will use your personal information in order to develop a business Artificial Intelligence (A.I) system to identify behavior modification when a user utilizes our neurological feature of our APP.
Our business model is designed to offer the most effective mindfulness and meditation techniques by use of our Apps and other products or services. We strive to accomplish this objective by employing the state of the art technology and by continually conducting research and development with the goal of developing an Artificial Intelligence regime by which we can ideally pinpoint the most beneficial and suitable mindfulness and meditation techniques for a particular user.
The assessment of the best and most beneficial mindfulness/meditation technique for a specific user will be based on both quantitative and qualitative elements and parameters obtained from users, personal information, the manner of their use of our products or services, user profiles, and repeated use of particular presentations and features offered by our Apps, and other psychological factors associated with the use of our Apps.
Our Artificial Intelligence (A.I.) capability will be designed to deduct practical assessments about each user’s psychological traits and behavior in order to tailor make particular exercises and/or workshops so as to benefit users in a more personal and practical manner. We may conduct our research for development of new features by way of surveys. In so doing, we may use other third party providers to conduct such surveys on our behalf. You may voluntarily decide to participate in such a survey or you may “opt out” of such surveys. The responses of our users who participate in these surveys will be used for the limited purpose of research and development of new features or new and improved products and services.
USE OF OUR APPS VIA MOBILE DEVICES>
Our products and services are primarily designed for use via your computing device and your mobile devices. When you use your mobile devices to access our products or services (Apps), you avail your personal information to us such as, your mobile device, operating systems of your device, user settings, location information, mobile carrier, and the like. Your information will be used by us to enable users to have access to our products or services that users have purchased. We may also use your personal information that get transmitted to us by your devices for enhancement purposes such as development of new features and quality control and assessment.
DO WE SHARE YOUR INFORMATION WITH BUSINESS PARTNERS?
No, we do not share your personal information with any business partners or service providers. If we decide to share your information, we will first, disclose our intent to do so and will second, obtain your consent.
WILL WE SEND YOU “NOTIFICATIONS”?
If you have installed our App on your mobile device, you can receive our in-app messaging and push notifications which will pop on your device. We do not send notification via SMS text or email. We use Push Notifications to remind you to use our App, or we may use them to inform you of our promotions, new products or services, or a new function being added to our App, or we may use them as the way to speak directly to you, our user.
CAN YOU “OPT OUT” OF YOUR PERSONAL INFORMATION AFTER SIGNING UP WITH US?
Yes. Even if you have signed up to use our products or services (Apps) and have voluntarily provided your personal information, and even though you understand that we do not sell, lease, or otherwise disclose your information to third parties for their own marketing purposes, nevertheless, you have the right to opt out of certain uses and disclosures of your information.
You understand that you can “unsubscribe” by following the instructions on emails that we may send you for promotion of our products or services. If you are already a user/member of our Apps, you may “opt out” through your account on our App or by “unsubscribe” link stated above.
We will process all requests to “unsubscribe” or “do not contact” or alike as soon as we can process them, in compliance with the “do not contact” laws and regulations.
DO NOT TRACK REQUESTS BY USERS
You have the right to request “Do Not Track” [DNT] as permitted by your web browsers. The effect of “DNT” request is to inform your online services that you do not wish for your webpage visits or activities to be collected or stored. However, at the present time, we do not have the capability to comply with such requests. Therefore, if the web browser that you are using while accessing our Apps transmit such a “DNT” signal to us, we will not be able to respond to such request.
WHERE DO WE STORE YOUR INFORMATION?
We retain and store all of your personal information in our internal data storage facility. However, incremental backups will be stored in Microsoft Cloud Servers. If you opt out of disclosure of your personal information, we will initiate removal protocol to remove your information from our user-info storage of our computers. However, we have no control over the data stored by Microsoft.
We will retain your personal information in our system for as long as you continue to use our products or services, or as long as needed in order to perform the necessary and legitimate business functions, transactions and communications related to your use of our products or services.
OUR DISCLAIMER REGARDING SMART SOUNDS PLAYED ON OUR APPS
Some features of our Apps have the capability to play certain “Smart Sounds” that we have designed when you click on those particular features and music will start playing. All “Smart Sounds” played on our Apps are proprietary and have been produced and performed for Innermap exclusively.
Please note the following disclaimer which applies to all “Smart Sounds” associated with using our Apps:
CAN MINORS (CHILDREN) USE OUR PRODUCTS OR SERVICE?
ALL “SMART SOUNDS” PLAYED ON OUR APPS HAVE BEEN DESIGNED TO ELICIT A CERTAIN BRAIN’S RESPONSE IN SUCH A WAY SO AS TO ENCOURAGE THE BRAINWAIVES TO ALIGN TO THE FREQUENCY OF A GIVEN BEAT CONTAINED IN THE MUSIC. INNERMAP INC. URGERS YOU TO LISTEN TO THESE “SMART SOUNDS” ONLY IF YOU ARE NOT OPERARING A MACHINERY, AUTOMOBILE, SCOOTER, OR ALIKE AND ONLY IF YOU ARE NOT PERFORMING A TASK THAT REQUIRES YOUR SPECIAL ATTENTION. YOU SHOULD STOP LISTENING TO “SMART SOUNDS” IF YOU DO OPERATE ANY MACHINERY WHILE LISTENING TO THESE “SMART SOUNDS” OR IF YOU ARE DISTRACTED FROM PERFORMING A TASK THAT REQUIRES YOUR UNDIVIDED ATTENTION, BECAUSE THERE MAY BE A RISK OF BODILY INJURY DUE TO RELAXED STATE OF MIND WHICH MAY CAUSE AN UNDESIRABLE PHYSIOLOGICAL RESPONSE IN YOU.
FURTHERMORE, IF YOU DO HAVE A HISTORY OF SEIZURES, DO NOT USE INNERMAP “SMART SOUNDS” FEATURE BECAUSE IT MAY TRIGGER A SEIZURE RELEX/ REOCCURANCE IN YOU.
All of our products or services are designed to be exclusively used by adults (over the age of 18 or older, depending on the laws of venue where the user is located). By signing on to our Apps, you declare that you are an adult and that you do not need or require consent of anyone else in order to use our products or services.
If you sign on to access our products or services as an adult and we later discover that you are in fact a minor, we will take action to immediately delete all personal information you have provided to us in the process of registering on our APP.
EU/U.S. AND SWISS/U.S. PRIVACY SHIELD FRAMEWORKS AND COMPLIANCES
We will take all necessary actions in order to safeguard all personal information we receive from users who access and utilize our products or services from any European Union (EU) member country. We will also enable such users to “opt out” of the use and disclosure of their personal information to third parties, if any.
For more information from us in this regard, you can contact us by email@example.com
WHEN ARE WE OBLIGATED BY LAW TO DISCLOSE YOUR INFORMATION TO OTHERS?
We at Innermap Inc. strive to enhance the quality and meaning of life for all of our users, regardless of their race, national origins, creed, gender, religion or background. However, in aiming to do so, we respect and cooperate with all government and law enforcement officials (whether Federal, State, County, or the like).
If we are served with an official demand, warrant, court order or a subpoena for production or disclosure of your personal information to law enforcement agencies, we will comply with such legal mandates if we believe that such disclosure is appropriate, necessary, or in the interest of public. Such interest of public may include prevention of harm to the public or cooperation with the law enforcement agencies that are investigating a crime or are investigating suspicion of a criminal or illegal activity. Furthermore, if we have reason to believe that our products or services have been accessed without user’s authorization or contrary to our policies, we reserve the right to cease the user’s ability to access our products or services and will share the necessary personal information that we deem to be appropriate with the law enforcement agencies.
TERMS & CONDITIONS
(Last updated on October 1, 2019)
Welcome to Innermap Inc. (“Innermap”), www.innermap.me
. We provide mindfulness and meditation guidance and presentations that are designed to enhance mindful lifestyle, mindful thinking, and mindful general approach to life events and challenges. Our products consist of our App and our website. Our presentations offered via our products consist of meditation exercises, storytelling, and other features, collectively referred to as our “products” or our “services” and will be used interchangeably. The words “Innermap”, “we”, “us” refers to Innermap Inc., a California Corporation. The words “you” or “your” refer to the user of our products or services, whether as promotional limited “free” use or as a “subscriber” or a “Member” of our Mobile App or Services.
USERS ARE BOUND BY OUR “TERMS AND CONDITIONS"
CHANGES TO TERMS AND CONDITIONS
We reserve the right to change our “Terms and Conditions” at any time at our discretion. However, if we do make changes to our current “Terms and Conditions”, we will note such change by stating “last updated on _DATE ” and will also notify our current users by way of Push Notifications and/or email. You hereby acknowledge, understand, and agree that your continued use of our Apps or our website or your use of any of our products or services by accessing our Apps or our website, is indication of your agreement with our “Terms and Conditions” as last changed and denoted “Last updated on _DATE ” on the date of such update.
USERS RECEIVE A “LICENSE” TO USE INNERMAP’S PRODUCTS OR SERVICES
When you use our products or services, you agree with these Terms and Conditions as well as possibly additional Terms and Conditions stated prior to accessing or using them and by clicking “I accept”, you will acknowledge your agreement with those Terms and Conditions. By using our products or services, Innermap is granting you a non-transferable, limited and non-exclusive “license” to download our contents from our Apps or website on to your computer or Mobile Device for your personal and non-commercial use. You agree that once you download our contents onto your device, your personal use will be subject to the following restrictions:
You are not
authorized to a) transfer or attempt to transfer your limited “license” to others; b) lease, sublease, or otherwise lend your device to others for their use of Innermap’s contents while on your account with us; c) copy our products or services other than making a copy for your personal back up purposes; d) conduct software engineering test or attempt any modifications on our contents.
TWO CLASSES OF USERS:
1- Our Gift – Free Version
2- InnermapPlus – Monthly / Yearly – Subscriber
Innermap offers two classes of users when using our contents, products or services.
refers to a user who can access three stories, three pieces of Innermap’s proprietary original “smart sounds”, and three meditations. In order to access these services, all the user has to do is to provide his/her name & email address and these services will be offered free of charge. These users are called “Free”.
is a user who purchases a monthly or yearly membership at the listed price with full access to all Innermap’s premium contents. These premium services currently are all stories, all meditations, all original “smart sounds”, exclusively created for Innermap, favorites, and offline mode.
Our subscriber/Membership price is currently $9.99 per month or discounted $72.99 per year which will be charged at the time of subscription and will be collected in advance.
MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL
You pay for our products or services by use of your debit/credit card which will be processed by a Credit Card Processor.
You make payment at the inception of your subscription and in advance of using our contents or services. Your subscription will automatically renew for another period if you do not cancel. If your subscription is monthly, it will renew for the following month, at the end of your current subscription. Monthly subscriptions automatically renew on the same day of your subscription each month, unless you cancel at least 24 hours before the auto-renewal. If it is a yearly subscription, it will renew for another year, automatically, unless you cancel prior to the expiration of your current term and renewal of the next term. Yearly Subscriptions automatically renew after the initial annual term unless you cancel at least 24 hours, before the auto-renewal.
If you purchased your subscription via an App provider such as Apple Store, you must cancel your subscription with those App providers, which you can at any time.
All refunds will be handled by Apple and will be subject to Apple refund policy and limitations. For details of Apple’s limitation and refund policy, please refer to Apple https://www.apple.com/legal/internet-services/itunes/us/terms.html
. If you decide to cancel your subscription before your subscription period expires (before 30 days if monthly, or before 12 months if yearly subscription), your cancellation will not entitle you to a refund/money back.
If you cancel your subscription after Apple’s refund policy expires, but before your subscription with Innermap renews for another period (before 30 days if monthly, or before 12 months if yearly subscription), your cancellation will not entitle you to a refund of money paid. It will simply cause cancellation of our services at the end of your subscription period and will cancel our automatic renewal of your subscription. This means that you may continue to use our services until the expiration of your subscription your paid subscription period.
WE MAY CANCEL YOUR SUBSCRIPTION
Just as you may cancel your subscription with us at any time, Innermap may terminate your subscription and access to our products and services at any time upon our sole discretion and without prior notice to you. Even if we cancel your subscription, you as the user of Innermap will continue to be subject to applicable Terms and Conditions including, user’s limitations, restrictions of use and prohibitions, our dispute resolution agreements, our limitations of liability, and our warranty disclaimers.
USERS’ DEVICE REQUIREMENTS
In order to access and use our products or services via your computer or your mobile device, your device must satisfy certain system requirements. These requirements can be reviewed on Apple’s website. Iphone system requirements are stated by Apple.
OUR FEES AND CHARGES MAY CHANGE
We can change the fees and charges for all products or services at any time at our sole discretion with notice to our current users. Following providing notice of our new fees or charges to you, the new fees or charges will become effective.
INNERMAP’S PRODUCTS AND SERVICES ARE COPYRIGHTED AND TRADEMARKED
All Innermap’s software, logos, company name, images, animations, audios and videos contents, content and material contained in our products or services, (“The Work”) are copyrighted and Trademarked. You acknowledge and agree that by using our products or services via your computers or mobile device, you are only granted a limited non-exclusive license for personal, non-commercial use and that all ownership rights and privileges of such work belongs exclusively to Innermap. You agree that your license entitles you to the use of our work for personal non-commercial self-improvement purposes and mindfulness exercises.
You agree that our product and services are valuable to Innermap and therefore you agree to use our work for the limited personal enjoyment/improvement purposes only.
You agree to download our work (the features that are downloadable) for personal use only and not for your commercial use or commercial advertisement or commercial objectives. You agree that our work including all contents should not be copied, distributed, published, re-published, or transferred/transmitted to anyone, other than to make a copy for your backup and for your personal use. Any use, distribution, publication, posting or transmission of Innermap’s work to others will be deemed unauthorized and in violation of our Terms and Conditions which will subject you to liability. You also agree that you can only use our products or services for your own self-improvement/mindful awareness and not in violation of other individual’s privacy or for harassment, ridiculing or otherwise offending any person.
We may designate certain limited content and/or video “Distributable”. Such designation entitles you as an Innermap’s subscriber/member to distribute/share/forward/or post that particular content and/or video on your own social media channels such as Facebook, Instagram or Twitter. If you do so post or publish our work on your social media, you agree to do so in such a manner as not violate any other person’s rights. You also agree not to modify our content/audio/video in any way and agree not to use them out of context so as to cause harassment, defamation, threats, violation of privacy or otherwise offend others. You are free to add your own comments, notes, or blogs as you wish as long as they do not change/modify the format, font size or the meaning and context in which our work is being displayed, published or commented upon on your social media channels.
If you violate any portion of our Terms and Conditions in using our work (products, services, contents, audio, video, etc.), you will be deemed in violation of our Copyright and/or Trademark and violation of this Agreement and the manner in which you agree to use our work. Any misuse of our Trademarks displayed on our logo, image, Innermap’s product of service marks, or Innermap company name, is strictly prohibited by the laws of the United States, and applicable State or international laws and regulations which may subject you to civil and criminal liability. Innermap intends to protect and enforce its intellectual property rights in the fullest extent of the law including prosecution of violators in civil and criminal tribunals.
LIMITATION ON USERS’ LOCATION FROM WHICH THEY ACCESS INNERMAP’S CONTENTS
Innermap Inc., is a legal entity incorporated in the State of California, the United States and as such is subject to all applicable laws of regulations in the U.S. One such laws and regulations are set forth by OFAC (the United States Office of Foreign Assets Control) which is the U.S. government agency in charge of enforcing U.S. Sanctions against certain countries designated as a “terrorist state” and individuals or entities that support or finance “terroristic activities”. You as an Innermap’s user, by using our contents contained in our Apps, declare and represent that you are not located in such a county which is listed on OFAC as a prohibited country, restricted party, person, or an entity. For a list of countries and parties that U.S. persons, including U.S. entities are prohibited to transact with; please refer to OFAC at www.treasury.gov
YOUR USE OF OUR APP VIA APP STORE APPS
If you access Innermap’s contents, products, or services by downloading them on your device from an App provider such as Apple store, you agree that such downloading signifies your agreement with our Terms and Conditions. You also understand and agree that Innermap is responsible for the App, and that the App provider you used to access our contents, has no responsibility, obligation, or duty to maintain or support our services/contents contained in our App.
Any obligation by Innermap concerning its contents, products or services will remain Innermap’s sole obligation which will not be imposed on the App provider that you use to access our products or services. Any claims or damages by you in regards to your use of our products or services will remain the sole responsibility of Innermap. Such claims or damages include any claims by users alleging that Innermap’s products or services do not comply with any laws or regulations, have caused injuries to them by virtue of their use of our products, or any allegations of damages based on any other legal theories, including Copyright or Trademark infringement claims, all of which claims will remain the sole responsibility of Innermap. Furthermore, the App provider will not have any liability of whatsoever nature with regard to your claims or damages brought against any third parties providing any contents or services related to our App contents, products or services.
The App provider you use to download and access our products, or services is considered to be a third party beneficiary of our Terms and Conditions which you are accepting and approving by virtue of your use of products. Therefore, as a third party beneficiary, the App provider may enforce these Terms and Conditions against you as our user, in the event you violate your obligations and your limited non-exclusive license granted to you by Innermap or in the event that you violate any other provision of our Terms and Conditions.
If you download our App via Apple store, you understand and agree that you will be limited to use of Apple products that operate on the Apple proprietary operating system and that you will be subject to Apple “Usage Rules” contained in Apple Store Terms and Services.
USER MATERIAL AND USER RIGHTS AND LIMITATIONS
You have the right to use your products or services (including images, sounds, audios, videos) for your own personal self-improvement and mindful living and thinking purposes. You as a user may submit your own material (including photos, commentaries, feedback, and other postings) to us. You understand and agree that any such submission of your material, represents your ownership of those material and authorizes us to use said material in our internal research and development or we may decide (at our sole discretion and without notice to you) to publish your material, comments, or feedback on our own App, website or other products or services. We may post or publish your material that you have submitted to us for our own advertising or promotional purposes without compensation to you for such posting.
When you submit your material to us, you represent that such content is not violation of others’ intellectual property rights and that you have the right and authorization to make such submission to us. However, your submission of your material to us, does not create an obligation on our part to systematically review said material for accuracy or fitness of our use or publishing such material. We reserve the right to delete your material and/or cancel your subscription if in our sole discretion, we decide that your material is in violation of others’ rights or if we believe it was produced for an illegal purpose or objective such as harassment, threat, or otherwise offending others.
DISCLAIMER OF WARRANTIES BY INNERMAP
We at Innermap strive to produce original and innovative contents, products and services that are beneficial for our users by improving their lifestyle and creating positive approach and attitude toward life events and challenges. However, in doing so, we do not make any representations or warranties of whatsoever nature about our contents’ suitability and fitness for a particular purpose or their accuracy or producing positive result in users’ lives. Users are free to use our products or services if they believe they are beneficial to them and understand that they can simply discontinue our services if they believe our contents do not benefit them in any way.
INNERMAP IS NOT A MEDICAL OR MENTAL CARE FACILITY
Innermap is a producer of mindfulness and meditation material for use via users’ computer or mobile devices for the purpose of self-improvement and promotion of mindful thinking and mindful approach to deal with life events and challenges. We are not a medical or mental facility or provider. We do not have any medical or mental health professionals or doctors in our employment and therefore, our products or services should not be considered or used as medical or mental health advice or treatment. Users must seek the necessary medical or mental health advice or treatment from their own doctors or mental health professionals. Any role our products or services may play in your personal life in a positive way, should not be considered as a substitute for medical or professional advice or services. If you believe that our products or services have an effect on you which is in conflict with a medical or mental treatment you are receiving from your doctors or other professionals, you should follow those professional advice and cease use of our products and services immediately.
Please note that we accept no responsibility for any effect our products or services may have on you and as such, we make no representations and offer no warranty that our products may enhance your life or whether or not they will benefit you in any way. Only you will decide the suitability and beneficial result or lack of suitability of our products for your personal use.
INNERMAP MAY ASSIGN ITS RIGHTS AND OBLIGATIONS TO OTHERS
Innermap is free to assign its rights and obligations as stated in these Terms and Conditions. However, in any assignment by Innermap, your rights will not be affected in any way nor will your obligations under these terms and conditions change. You as the user and licensee of our products or services have no right to assign your use or access to our products to anyone else, as your license is for your personal non-commercial use only.
USERS’ LIMITATION AND PROHIBITIONS
As stated above, upon signing up with us as a subscription/member and making payment of the applicable fee, you are granted a limited non-exclusive “license” to use our products or services for your own personal/non-commercial use. Your limited license does not authorize you to do the following. You understand and agree that you are expressly prohibited from doing any of the following:
a) Use our products or services in violation of any provisions of our terms and conditions
b) Use our product or services in a geographical location where such use is prohibited by the U.S. sanctions laws or Regulations;
c) Sell, lease, or loan our content accessed by you on a device to other individuals or entities who have not registered or signed up with Innermap.
d) Copy, transmit, modify, reproduce, display, mirror or frame our contents, products or services in any way or by any technical manner, or create any form of derivative work of our products.
e) Upload, paste, post, or transmit any material (user material) that violate others’ intellectual property rights, or cause harassment, defamation, violence, or otherwise offend others.
f) Attempt to tamper with the software/engineering technology used to design our App or computer systems, or attempt to tamper with technical parameters used by our software/App developer.
INNERMAP’S LIMITATION OF LIABILITY
The only promise we make concerning our products or services is that we will aim to create the best possible App and original contents that we are able to produce and that all of our products are in line with our description of those products or services. Otherwise, our products or services and all contents contained in them, are offered to the public on an “as is” basis with no warranty of fitness for a particular purpose or warranty of merchantability. We disclaim any and all express and implied warranties in relation to our products and services.
If our products are defective or if they do not function properly when accessed by our users, we will promptly take all necessary steps to remedy the problem. If we fail to correct the problem, we will be liable to you for the purchase price of the products or services you have paid for.
We will not be liable for any consequential damages (compensatory or punitive damages) or for any viruses or other malwares that may infect your computer or mobile device, or your data while using or downloading our products or opening our emails or attachments.
IMPOSSIBILITY OF PERFORMANCE BY INNERMAP
ARBITRATION OF DISPUTES BY BINDING ARBITRATION
BY USING OUR PRODUCTS OR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL IF YOU BRING A CLAIM OR SUIT AGAINST US.
All claims and disputes relating to or in connection with your use of our products or services under these terms and conditions need to be first addressed informally and internally between Innermap and you or if not so possible, in a small claims court. If however, such resolution cannot be achieved, such claims or disputes will go through binding arbitration as a single claim (not consolidated with other users). All claims or disputes alleging unlawful use of our Copyright or Trademark or Infringement thereof will be excluded from this Binding Arbitration agreement.
VENUE OF ARBITRATION
The Federal Arbitration Act will govern the enforcement and disposition of Arbitration clause of these Terms and Conditions, through the American Arbitration Association (“AAA”). The AAA Arbitration Rules and Procedures can be reviewed at www.adr.org
or by contacting 1-800-778-7879. The Arbitrator will be a neutral body unrelated and unassociated to Innermap or you, and the arbitration will be conducted and decided by a single neutral Arbitrator.
YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL
BOTH USERS (YOU) AND INNERMAP BY THE USE OF OUR PRODUCTS AND SERVICES, ARE WAIVING OUR RESPECTIVE FUNDAMENTAL CONSTITUTIONAL RIGHTS TO A JURY TRIAL AS WELL AS RIGHT TO A TRIAL BY A JUDGE.
However, if you and Innermap go through an Arbitration Proceeding before a neutral Arbitrator but subsequently decide to “litigate” our right to enforce or oppose enforcement of the Arbitration award, Innermap and you hereby agree to go before a trial Judge for such enforcement (or opposition thereof) instead of going before a Jury.
Innermap welcomes your questions, concerns, and comments regarding these Terms and Conditions by contacting firstname.lastname@example.org
©2020 Innermap INC. Terms & Conditions