Terms of Use for LocationInc.com
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY VISITING OR USING THIS SITE, OR ANY PAGE OF THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AS MAY BE AMENDED, REVISED AND/OR UPDATED, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND LOCATION, INC. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE. LOCATION, INC. RESERVES THE RIGHT, AT ITS DISCRETION, TO AMEND, UPDATE AND/OR REVISE THESE TERMS OF USE. PLEASE PERIODICALLY CHECK THE TERMS OF USE FOR AMENDMENTS, REVISIONS AND/OR UPDATES. YOUR CONTINUED AND/OR SUBSEQUENT ACCESS TO THIS SITE AFTER THE POSTING OF AMENDMENTS, REVISIONS AND/OR UPDATES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THE TERMS OF SERVICE AS AMENDED, REVISED AND/OR UPDATED.
1. General
This site and its contents are owned, developed and operated by LOCATION, INC. LOCATION, INC. has the right, at any time and in its sole discretion, to amend, substitute, modify, change and/or discontinue any aspect or feature of the site and/or its contents, including, without limitation, available content, hours of availability, and equipment and/or software needed to access or use LOCATIONINC.COM and any other LOCATION, INC. site(s) (collectively, the “Site”).
Many if not most communications between LOCATION, INC. and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications and/or information exchanged between you and LOCATION, INC. electronically shall satisfy any legal requirements that the same be in writing.
2. Restrictions on Access
The Site contains copyrighted material, trademarks, patented and patent-pending data, and other proprietary information, including, without limitation, text, data, information, software, photos, graphics (the “Content”). The Content and the Site, as well as the organization, layout, arrangement and design elements of the Content and Site (and each individual page of the Site), are the property of LOCATION, INC. and its affiliates and are protected by United States and international copyright, trademark and other applicable laws, including, but not limited to, those governing intellectual property. You may and shall not use, modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way utilize and/or exploit the Site and/or any of the Content, in whole or in part. No use, copying, redistribution, retransmission, publication or exploitation of downloaded material and/or material set forth in or on the Site and/or in any way associated with the Content is be permitted without the express written permission of LOCATION, INC. or the copyright owner. In the event of any permitted use, copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made or permitted. You hereby acknowledge that you do not acquire any ownership and/or use rights by using, downloading or printing the copyrighted material and/or any aspect of the Site and/or the Content, or by using the Site and/or the Content.
LOCATION, INC. offers you limited access to the Site and to the Content solely for the limited purpose of enabling you to see, generally, the services and offerings of LOCATION, INC. and determine whether you wish to purchase access to the services and offerings provided by LOCATION, INC. Except pursuant to a LOCATION, INC. demonstration tool expressly offered to you on the Site, or pursuant to a current, valid license in good standing with Location, Inc., which demonstration tool or license expressly authorizes you to engage in the specific activity, you may not and are not permitted to: (a) use, download and/or copy all and/or any portion of: (i) the Site or the Content in any manner whatsoever; (ii) any product listings, descriptions, or prices provided by LOCATION, INC., the Site and/or the Content; and/or (iii) any account information; (b) make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any information provided by LOCATION, INC, the Site and/or in any of the Content; (c) engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Site; (d) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including data, ratings, descriptions, images, text, page layout, or form) of LOCATION, INC. or its affiliates without prior express written consent; or (e) use meta tags or any other “hidden text” utilizing LOCATION, INC., NEIGHBORHOODSCOUT® REPORTS or NEIGHBORHOODSCOUT® names or trademarks without the prior express written consent of LOCATION, INC.
Except pursuant to a LOCATION, INC. demonstration tool expressly offered to you on the Site, or pursuant to a current, valid license in good standing with Location, Inc., which demonstration tool or license expressly authorizes you to engage in the specific activity, you may not with respect to the Site or any data or information from the Site or LOCATION, INC., or anything derived in whole or in part therefrom (all of which shall be deemed to be “Content”) engage in any one or more of the following: (a) systematically retrieve or cache the Content to create, enhance, structure, and/or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory, whether for sale, licensing, distribution, or otherwise; (b) license, relicense, sell or resell the Content; (c) allow the Content to be warehoused, maintained and controlled by anyone other than you; (d) reverse engineer or attempt to reverse engineer the Content; (e) distribute or disclose the Content, publicly or otherwise, free or otherwise, (f) create heat maps or other area-wide presentations or displays of the Content, (g) create, or attempt to create, derivative services, goods, or products that are competitive with the Content or LOCATION, INC.; and/or (h) use the Content for any other purpose, including incorporating the Content into any research, analysis, project, test, and/or other end use. With respect to a LOCATION, INC. demonstration tool expressly offered to you on the Site, you may not access, use or attempt to access or use such demonstration tool, or seek or obtain Content from the Site, beyond the limits in place concerning such demonstration tool, including without limitation, (a) seeking or obtaining use, access, Content, or other benefits or rights in excess of the volume allowed by such demonstration tool, or (b) using false, fictitious, or otherwise deceptive names, credentials, usernames, and/or passwords to seek or obtain use, access, Content, or other benefits or rights. Any attempt to do so is strictly prohibited.
You may not access the Site and/or the Content in any manner that may damage, disable, overburden and/or impair the Site, the Content and/or LOCATION, INC. or interfere with any other person and/or entity’s use and/or enjoyment of the Site and/or the Content.
The provisions of these Terms of Use are for the benefit of LOCATION, INC., its subsidiaries, affiliates, and its third party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly and/or on its own behalf.
Any violation of these Terms of Use, including, but not limited to, any illegal and/or unauthorized use of this Site and/or the Content (including, but not limited to, unauthorized framing of or linking to the Site, unauthorized use of any robot, spider, or other automated device on the Site, or any manual process to monitor or copy any portion of the Site and/or Content) may be investigated and appropriate civil and/or criminal legal action may be taken.
3. Disclaimer of Warranty; Limitation of Liability.
YOU EXPRESSLY AGREE THAT ACCESS TO THE SITE AND THE CONTENT IS AT YOUR SOLE RISK. NEITHER LOCATION, INC., ITS AFFILIATES AND/OR ITS SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS AND/ OR LICENSORS, WARRANT THAT THE SITE AND/OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM ACCESS TO THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH AND/OR ASSOCIATED WITH THE SITE AND/OR THE CONTENT.
THE SITE AND THE CONTENT IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. YOU FURTHER EXPRESSLY AGREE THAT THE INFORMATION, RATINGS, DATA, RISK INFORMATION, CLAIM PROBABILITY DATA, AND OTHER CONTENT CONTAINED IN ANY NEIGHBORHOODSCOUT® REPORT, CLAIM PROBABILITY TOOL(S), THE LOCATION, INC. DATA BASE, OR IN ANY WAY ACCESSIBLE BY OR FROM LOCATION, INC. OR WWW.LOCATIONINC.COM IS A WORK OF ART, AND AS SUCH, NO WARRANTIES ARE EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WITH REGARD TO THE SUITABILITY OF ANY LOCATION, NEIGHBORHOOD OR AREA FOR THE USE, OCCUPATION, INSURING, PURCHASE, LEASING, OR RENTING OF REAL PROPERTY; THE INSURING, HANDLING, ASSESSMENT, PROCESSING, AND/OR MITIGATION OF LOSSES, CLAIMS, AND/OR RISKS; OR FOR ANY USE WHATSOEVER.
Location, Inc. employs decades of advanced scientific research and analysis to acquire, analyze, and generate distinct, precise, measurable, and validated location-based data. Nonetheless, FORECASTS OF POTENTIAL OCCURRENCES OR NON-OCCURRENCES OF FUTURE CONDITIONS AND EVENTS ARE INHERENTLY UNCERTAIN. ACTUAL RESULTS MAY DIFFER MATERIALLY FROM WHAT IS PREDICTED, PROVIDED, OR MADE AVAILABLE BY LOCATION, INC. THEREFORE, NOTHING CONTAINED IN OR GENERATED BY ANY LOCATION, INC. IS, OR SHOULD BE RELIED UPON AS, A PROMISE, WARRANTY, GUARANTY OR REPRESENTATION THAT ANY PARTICULAR CRIME(S), CLAIM(S), LOSS(ES), EVENT(S), INCIDENT(S), CONDITION(S), OCCURRENCE(S), AND/OR RESULT(S) WILL OR WILL NOT BE PRESENT AND/OR OCCUR AT OR NEAR ANY PARTICULAR LOCATION OR DURING ANY PARTICULAR TIME PERIOD. LOCATION, INC.’S SITE AND CONTENT, INCLUDING INFORMATION, SCORES, RATINGS, GEOCODING AND/OR LOCATION SERVICES, INTERPRETATIONS, RECOMMENDATIONS, ASSESSMENTS, ANALYSES, FORECASTS, AND/OR OTHER DATA, ARE WORKS OF ART AND, AS SUCH, NO WARRANTIES ARE EXPRESSED OR IMPLIED, INCLUDING WITH REGARD TO THE RISK, SUITABILITY, DESIRABILITY, DANGER, HAZARD, THREAT, SAFETY, PERFORMANCE, INSURABILITY, AND/OR VALUE OF AND/OR AT ANY PROPERTY, LOCATION, NEIGHBORHOOD, OR AREA FOR ANY PURPOSE WHATSOEVER. NO REPRESENTATION IS MADE AS TO THE ACCURACY OF ANY LOCATION, INC. CONTENT, INCLUDING ANY FORECAST, ESTIMATE, RISK ASSESSMENT, CLAIM PROBABILITY, OR PROJECTION.
THIS DISCLAIMER OF LIABILITY IS ALSO A WAIVER OF ALL SUCH LIABILITY AND APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LOCATION, INC. IS NOT LIABLE FOR, AND YOU HEREBY WAIVE ANY CLAIM THAT LOCATION, INC. IS RESPONSIBLE FOR, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL LOCATION, INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE, THE CONTENT, PRODUCTS OR DATA ACCESSIBLE FROM THE SITE AND/OR PRODUCTS OR DATA LICENSED FROM LOCATION, INC., IN ANY FORM OR MANNER WHATSOEVER, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE ACCESS TO AND/OR USE OF OR INABILITY TO USE AND/OR ACCESS THE SITE AND/OR THE CONTENTS AND/OR ARISING OUT OF ANY MATTER ASSOCIATED WITH LOCATION, INC., NEIGHBORHOODSCOUT® REPORTS AND/OR NEIGHBORHOODSCOUT®. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MATTERS ASSOCIATED WITH THE SITE, THE CONTENT, LOCATION, INC., NEIGHBORHOODSCOUT® REPORTS AND/OR NEIGHBORHOODSCOUT®, AND ALL DATA AND/OR SERVICES ASSOCIATED WITH ANY AND/OR ALL OF THE FOREGOING. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LOCATION, INC.’s TOTAL LIABILITY FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY)) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR OBTAINING DATA, REPORTS OR OTHER INFORMATION FROM THE SITE.
4. Indemnification.
You agree to defend, indemnify, and hold harmless LOCATION, INC. and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out and/or in any way related to your access to, and/or use of, the Site, the Content or any information, data or services you obtain from or by way of the Site, the Content, LOCATION, INC., NEIGHBORHOODSCOUT REPORTS and/or NEIGHBORHOODSCOUT.
5. Trademarks and Patents.
All trademarks and service marks of LOCATION, INC and its subsidiaries or affiliates displayed on the Site and/or associated with the Content are subject to state, federal, and/or international trademark protection. Unless expressly authorized by LOCATION, INC, you may not use its trademarks or service marks in any manner whatsoever, including, but not limited to, with respect to any product or service that is not provided by LOCATION, INC, in any manner that is likely to cause confusion among customers, and/or in any manner that might disparage or discredit LOCATION, INC and/or any of its subsidiaries or affiliates. All other trademarks appearing on the Site and/or associated with the Content are the property of their respective owners, including third-party providers of products and services with links to and/or from the Site.
NEIGHBORHOODSCOUT®, NEIGHBORHOODSCOUT® REPORTS, LOCATION, INC and other marks, are all registered trademarks of LOCATION, INC. and are all pending or registered in the U.S. Patent and Trademark Office. One or more United States patents and patent applications apply to this Site and/or the Contents, including without limitation, U.S. Patent No. 7,043,501. Our school rating algorithm is patent pending. Other US patents are also pending. Any unauthorized use of patented technology and trademarks is strictly prohibited.
6. Third Party Content.
Any information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of LOCATION, INC. Furthermore, the Site and/or the Content may contain links to third party web sites and/or information with which LOCATION, INC has linking arrangement(s), but for which LOCATION, INC. does not maintain control and/or assume responsibility. The inclusion of such a link and/or any association with the operators of such linked sites does not imply endorsement by LOCATION, INC. of such sites, operators and/or any information or content associated therewith. Any concerns regarding any such third party information, content service and/or resource, or any link thereto, should be directed to the particular operator, service or resource. In addition, LOCATION, INC. recommends that you review these sites’ terms of use and privacy policies.
7. Viruses.
LOCATION, INC. assumes no responsibility for, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to and/or of the Site and/or the Content (or any browsing associated therewith) or your downloading of any materials, data, text, images, video, or audio from the Site and/or any other source associated with LOCATION, INC., its subsidiaries, affiliates, and its third party content providers and licensors, if any.
8. Export Control.
Software and other materials from this Site and/or associated with the Content may be subject to United States Export Control laws. The United States Export Control laws prohibit, among other matters, the export of certain technical data and software to certain territories. No data and/or software from this Site and/or associated with the Content shall be downloaded or exported in any manner whatsoever, including, but not limited: (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the Unites States Treasury Department’s list of Specially Designated Nationals or the US Commerce Department’s Table of Deny Orders. LOCATION, INC. does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control laws.
9. Business Associates.
The business associates of LOCATION, INC. identified on the Site and/or associated with the Content, if any, are independent contractors of LOCATION, INC. The business associates, if any, are not joint ventures or partners of LOCATION, INC. No employee or representative of the business associates, if any, is under the control of LOCATION, INC.
10. Changed Terms.
LOCATION, INC. has the right at any time to amend, substitute, alter, change, add, delete and/or modify the terms and conditions applicable to access to and/or of the Site and/or the Content, or any part thereof, or to impose new conditions, including, without limitation, adding fees and/or charges. Such amendments, substitutions, alteration, changes, modifications, additions, and/or deletions shall be effective immediately upon their being posted to the Site or the Content. Any access to and/or of the Site and/or the Content following such posting shall deemed to constitute acceptance of such amendments, substitutions, alteration, changes, modifications, additions, and/or deletions.
11. Miscellaneous.
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms of Use and the relationship between the parties, shall in all aspects be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts, and the obligations, rights and remedies of the parties shall be determined in accordance with such laws. The parties agree that any litigation one (or more) party(ies) commences, maintains and/or is engaged in against any other party and/or parties (whether pursuant to these Terms of Use or otherwise) shall be brought exclusively in the courts of the Commonwealth of Massachusetts, Worcester County, or the federal courts of the United States of America having jurisdiction over the Commonwealth of Massachusetts, Worcester County, with any right to bring, commence, engage and/or maintain litigation in any other courts being hereby waived to the fullest extent permitted by law. Each party hereby irrevocably submits generally and unconditionally for themselves and with respect to any and all property that is the subject matter hereof, to the jurisdiction of the state courts in the Commonwealth of Massachusetts, Worcester County, or any United States federal court having jurisdiction over the Commonwealth of Massachusetts, Worcester County. Each party hereby irrevocably waives, to the fullest extent permitted by law, any objection that it/they may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
BY VISITING OR ACCESSING THIS SITE AND/OR THE CONTENT, OR ANY PAGE OF THIS SITE AND/OR THE CONTENT, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND LOCATION, INC. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS THE SITE AND/OR THE CONTENT.