Your use of the MAPWatcher service and webapp (hereafter “Service”) is subject to the following Terms of Service Agreement (hereafter “Agreement”) between the User (hereafter “User,” “you,” “your”) and Channel Precision (hereafter “Channel Precision,” “we,” “our,” “us”).
If you do not agree to the terms laid out in the Agreement, you may not make use of the Service. By ordering and using the Service, you indicate that you have read, understood, and agree to be legally bound by this Agreement and its terms.
These terms are subject to revision and we reserve the right to change them at any time. If the terms are changed materially, we will make a reasonable effort to notify you of the change.
This Agreement does not apply to companies or individuals not employed or managed by the User or Channel Precision. It does apply to any employee or agent using the Service on behalf of another entity. In that case, “User,” “you,” and “your” include both the agent and the entity they represent. Both must accept this Agreement to make use of the Service, and both are bound to the Agreement’s terms.
You represent and warrant that you have the legal power and authority to enter into this Agreement. If you are an employee or authorized agent of an entity, you warrant and represent that you enter into this agreement with all necessary legal authority to bind that entity to this Agreement.
Ordering and account registration
User is responsible to ensure that login information, including usernames and passwords, is kept confidential and only shared with authorized persons. You are responsible for any and all actions taken using your account. You must notify Channel Precision immediately of any security breach affecting your account.
Fees and payment
When you order the Service, you may receive an initial free trial period as part of the terms of your order. Channel Precision will not bill or charge you if you cancel your order before the trial period expires (e.g., 7 days from the start time for a 7-day trial). If you notify Channel Precision that you were mistakenly billed or charged after canceling your order, Channel Precision will make a reasonable effort to verify that a billing error occurred and will cancel your invoice or provide a full refund after verifying that you had canceled your order on time.
By placing an order, you agree to pay all fees in U.S. dollars within one (1) day of the billing date, which shall be either the order or the date of the expiration of your free trial if you are entitled to one. Billing shall occur monthly in advance. You may have the option to pay by credit or debit card. In providing card information, you authorize Channel Precision to automatically charge the card without invoice. Payments are non-refundable, and payment obligations are non-cancellable.
When you purchase a regular subscription, you agree to be billed and automatically charged on a recurring basis using the payment information provided until you or we cancel the subscription. By authorizing recurring payments, you authorize Channel Precision and Channel Precision’s authorized payment processors to store your payment information and process recurring payments. If a credit card or similar electronic payment method is denied, Channel Precision and its payment processors reserve the right to collect applicable fees.
Failure to provide accurate payment information, to keep such information current, and to ensure that electronic transaction requests are accepted may result in suspension or termination of your subscription to access the Service.
Right to terminate
User and Channel Precision shall each have the right to terminate this Agreement immediately and without penalty at any time upon written notice for any breach of this Agreement or its terms. User shall not be entitled to a refund in the event of termination for cause.
Acceptable use policy
By using this website, you warrant on behalf of yourself, your agents and employees, and any entity you represent as an agent for purposes of this Agreement that you will not modify, copy, clone, mirror, prepare derivative works of, decompile, reverse-engineer, or remove copyright notices from any materials or software owned by Channel Precision or featured on the MAPWatcher website.
You further warrant that you will not transfer Channel Precision-owned materials to another person or knowingly use the Service or Channel Precision-owned materials in an illegal or abusive way, such as to disrupt networks or services; to transmit harassing, fraudulent, or unlawful material; to send unauthorized advertising; to gather data without consent; or to infringe privacy, intellectual property, or other rights.
Rights to feedback
If you elect to provide suggestions, comments, ideas, reviews, or other feedback (hereafter collectively “Feedback”) concerning the Service, you hereby grant Channel Precision a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit such Feedback without obligation, payment, or restriction.
Accuracy of materials
Channel Precision does not warrant or make any representations concerning the accuracy or reliability of materials on the MAPWatcher website or relating to the Service.
User will indemnify and hold Channel Precision harmless from and against any third-party claims and related costs, damages, liabilities and expenses (including reasonable attorney’s fees) arising from or pertaining to any User Data or User Property. User agrees to defend Channel Precision against these claims at Channel Precision’s request. User must not settle any claim without Channel Precision’s prior written consent if the settlement does not fully release Channel Precision from liability or would require Channel precision to admit fault, pay any amounts, or take or refrain from taking any action.
DISCLAIMER OF WARRANTY
USE OF THE SERVICE AND OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. CHANNEL PRECISION EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, CHANNEL PRECISION MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CHANNEL PRECISION BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE AND SERVICE OR ANY USE THEREOF, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CHANNEL PRECISION IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Any term of this Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of this Agreement is not affected.
This agreement is governed by and construed in accordance with the laws of North Carolina. You irrevocably submit to the exclusive jurisdiction of the courts in that State.