INFRANAV TERMS OF USE OF WEBSITE

This website ("Website") is operated by HIP Consult Inc. (“HIP Consult”), whose registered address is 15 Loockerman Street, Dover, Delaware. HIP Consult is registered in the State of Delaware. Access to the Website is provided only in accordance with the following terms and conditions (the “T&Cs”). This Website, and all content and InfraNav Services provided via this Website are to be used only for your internal business use, and you may only use this Website and any content and services provided via this Website for lawful purposes. All content and services provided via this Website are provided “as is” and without warranties of any kind, either express or implied. Further, any reliance on this Website or the content or services provided via this Website is at your own risk.

Please read these T&Cs carefully to understand the terms and conditions governing your use of the Website and the content and services provided via this Website, and please also read our Privacy Policy carefully to understand what we do with the personal information that we collect as part of your interaction with the Website. Your continued use of this Website and the content and services provided via this Website constitutes an agreement to these T&Cs. Please note that these T&Cs may change from time to time. Please check the T&Cs each time you visit this Website for the most current version.

If you do not agree to abide by the T&Cs, immediately discontinue your access to and use of this Website and do not return. In addition, if you are a person younger than 18 years of age, you must immediately discontinue your access to and use of this Website and do not return to this Website until you are 18 years of age. Any breach by you of these T&Cs will automatically and immediately result in a termination of your right to access and use this Website as well as all rights and licenses granted to you by these T&Cs.

These T&Cs concern only this Website, and do not concern any other website, including websites to which this Website may link that may be owned or operated by third parties. When you access such hyperlinks on this Website you may leave the Website. Except as otherwise indicated, HIP Consult does not sponsor, endorse or approve the contents of any such sites and accepts no responsibility for information provided on any such sites by independent providers.

We reserve the right to change these T&Cs at any time; we will post changes on this URL and note the effective date herein so that you are always aware of the current T&Cs that apply to your visit to this Website. These T&Cs were last updated on August 25th, 2016.

Contact Users

You may contact HIP Consult via email or the appropriate form on the Website in order to ask any questions concerning HIP Consult, the InfraNav Service, the Custom Map(s), other projects and its areas of expertise. When filling out the contact form, you may also agree to receive emails from HIP Consult on the releases of “InfraNav Insights” (“Insights”). If you give your permission, you may also receive targeted marketing and/or advertising messages from HIP Consult.

You warrant that any data you submit to the Website for the purposes of contacting HIP Consult is not misleading, and is true and accurate and that any content or information you upload on the Website is free from viruses. You agree to notify us of any changes to the information you provide.

The information you provide via the “contact” form on the Website, including your name, your e-mail address, your title, your phone number, your organization, your country, and the purpose of your query, will only be used in accordance with the InfraNav Privacy Policy. You can access this policy under the tab “Legal” in the lower navigation bar of the Website.

You may unsubscribe from receiving targeted marketing and/or advertising messages by clicking on the “unsubscribe” hyperlink found on the bottom of each email and following the procedure indicated, or by sending an email to support@infranav.com, and we shall remove your email address from our targeted marketing and/or advertising databases within 2 business days.

InfraNav Insights Users

You may sign up on Website, via WordPress, to obtain a subscription to our periodic Insights. You warrant that any data you submit to the Website for the purposes of signing up for our Insight emails is not misleading, and is true and accurate and that any content or information you upload on the Website is free from viruses. You agree to notify us of any changes to the information you provide.

Please note that the subscription process for our Insights is handled by WordPress, a third party provider, and your email will be held according to its data protection policy, which you can visit here. You may unsubscribe from the Insights emails from receiving targeted marketing and/or advertising messages by clicking on the “unsubscribe” hyperlink found on the bottom of each email and following the procedure indicated, or by visiting your subscription dashboard at WordPress and unsubscribing from there, and we shall remove your email address from our Insights database within 2 business days.

InfraNav Service and Custom Map Users

HIP Consult provides access to a web-based mapping and analytics product and service that aggregates, visualizes, and contextualizes infrastructure data and associated metadata via the Website. This service may be accessed through a monthly or yearly online subscription (the InfraNav Service) or be provided in the form of a custom map (Custom Map(s)). In order to access either the InfraNav Service and/or the Custom Map(s), you will need to purchase a license for a fee, and therefore register for an account (the Account). Please click here to view the InfraNav Terms and Conditions of Use of Service. If you give your permission, you may also receive targeted marketing and/or advertising messages from HIP Consult when creating an Account. Account holders also have the possibility to comment on the specific data that is displayed in the InfraNav Service, and in certain instances, to upload their own data and/or modify the data displayed in the InfraNav Service.

You warrant that any data, comments and/or modification you submit to the Website through your Account are not misleading, and are true and accurate and that any content or information you upload on the Website is free from viruses. You agree that you have the authority to provide that data and/or information, and in regards to data and/or information provided by you in regards to specific networks, you hereby authorize that such data and/or information shall be accessible to all users of the InfraNav Service in whatever form HIP Consult choses. You agree to notify us of any changes to the data and/or information you provide.

The information you provide upon purchase and/or to open an Account, which may include your name, your title, your industry, your telephone number, your password, your e-mail, your address, how you heard of us, the credit or debit card number, the expiry month and year of the credit or debit card, the credit or debit card’s cvc and the cardholder’s name, will only be used in accordance with the InfraNav Privacy Policy. You can access this policy under the tab “Legal” in the lower navigation bar of the Website.

Up Load Your Own Network Users

You may upload your own data on a particular network and provide comments on that data by completing the relevant form on the Website. When filling out the “Up Load Your Own Network” form, you may also agree to receive emails from HIP Consult on the releases of Insights. If you give your permission, you may also receive targeted marketing and/or advertising messages from HIP Consult.

You warrant that any data and comments you submit to the Website for these purposes is not misleading, and is true and accurate and that any content or information you upload on the Website is free from viruses. You agree that you have the authority to provide that data and/or information, and you hereby authorize that such data and/or information shall be accessible to all users of the InfraNav Service in whatever form HIP Consult choses.

You hereby grant HIP Consult a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such data and comments into any form, medium or technology, without compensation to the yourself. In addition, you warrant that all "moral rights" that you may have in such data and comments have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of HIP Consult, its subcontractors, agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees.

If you wish to remove your network data from the Website please send an email to support@infranav.com with the reason for requesting the removal, and we will consider each request on a case-by-case basis. Note if the network data has already been distributed by us to a third party, we will not under any circumstances undertake such a removal request in regards to any such third parties who may have received or accessed this data. HIP Consult reserves the right, and has absolute discretion, to remove, screen or edit without notice any data posted or stored on the Website at any time if HIP Consult deems, in its sole discretion, that the data violates any provision of these T&Cs. However, HIP Consult shall have no liability in respect of the exercise or non-exercise of such rights. You agree to notify us of any changes to the data and/or information you provide.

The information you provide via the “Up Load Your 0wn Network” form on the Website, including your name, your e-mail address, your title, your phone number, your organization, your country, and your comments and data files, will only be used in accordance with the InfraNav Privacy Policy. You can access this policy under the tab “Legal” in the lower navigation bar of the Website.

Intellectual Property

The content provided on this Website (both publicly available and available only through access to the InfraNav Service and the Custom Map(s)) and via any emails sent by HIP Consult and its licensors or suppliers (collectively, the “Content”) is and remains at all times the property of HIP Consult or such licensors or suppliers, with all rights other than those provided herein reserved.  You acknowledge that HIP Consult and, where applicable, its third party suppliers, retain all right, title and interest in and to the Content.  Use of the Website, the InfraNav Service and/or the Custom Maps does not confer any ownership rights in or to the Content. No Content may be modified, copied, distributed, framed, linked to, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without HIP Consult’s prior written permission in each instance.

Provided that you are eligible to access and use the Website, you are granted a limited license to access and use the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal use, provided that you keep all copyright, trademark and other proprietary notices intact. You may not upload or republish Content on any Internet, intranet or extranet website or incorporate the information contained within the Content in any other database or compilation, and any other use of the Content is strictly prohibited. Such license is subject to these T&Cs and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.

Any use of the Content other than as specifically authorized herein, without the prior written permission of HIP Consult, is strictly prohibited and shall immediately terminate your right to access and use this Website, the InfraNav Service and the Custom Map(s) and all rights and licenses granted to you by these T&Cs. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.

Notwithstanding the above, you are and will remain the sole and exclusive owner of all right, title and interest in and to all Customer Data (as defined in the Terms and Conditions of Use of the Website), including all intellectual property rights relating thereto, subject to irrevocably granting all such rights and permissions in or relating to Customer Data: (a) to HIP Consult and its subcontractors as are necessary or useful to perform the InfraNav Service and Custom Map(s); and (b) to HIP Consult as are necessary or useful to enforce these T&Cs and exercise its rights and perform its hereunder. In regards to Customer Data relating to specific networks that you have uploaded as data files or comments on the existing data, you hereby authorize that such Customer Data shall be accessible to all users of the InfraNav Service in whatever form HIP Consult choses. Further, you acknowledge that you have the authority to provide the Customer Data, and are not breaching any confidentiality provisions nor infringing on any third party intellectual property rights by providing those comments and/or data files.

Disclaimers

All or a portion of this Website, including access to the InfraNav Service and the Custom Map(s), may be temporarily unavailable from time to time for maintenance or other reasons. HIP Consult assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications or Content.  HIP Consult is also not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the internet and/or in connection with the Website and/or access to the InfraNav Service and/or the Custom Map(s). Under no circumstances will HIP Consult be responsible for any loss or damage or personal injury or death, resulting from anyone’s use of the Website and/or an Account.

THE INFORMATION ON THE WEBSITE IS PROVIDED TO YOU ON THE BASIS THAT IT IS INTENDED SOLELY FOR YOUR INTERNAL BUSINESS USE. THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HIP CONSULT AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

HIP CONSULT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY SERVICES OR CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER ON WHICH IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, HIP CONSULT MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE.

Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Limitation of Liability

USE OF THE WEBSITE, THE INFRANAV SERVICE AND THE CUSTOM MAP(S) IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF, OR ACCESS TO CONTENT, FILES, INFORMATION, OR OTHER MATERIALS ON OR THROUGH THE WEBSITE AND/OR THE INFRANAV SERVICE.

NEITHER HIP CONSULT NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF (1) INFORMATION OR CONTENT EXPRESSLY OR IMPLIEDLY PUBLISHED ON THE WEBSITE, THE INFRANAV SERVICE AND/OR THE CUSTOM MAP(S), OR (2) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, THE INFRANAV SERVICE AND/OR THE CUSTOM MAP(S), OR (3) INTERCEPTION OR USE OF CREDIT CARD AND/OR DEBIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, IN EACH CASE NOTWITHSTANDING ANY NEGLIGENCE, DEFAULT OR LACK OF CARE BY HIP CONSULT OR ITS SUPPLIERS, OR THAT SUCH LOSS OR DAMAGE WAS FORESEEABLE.

NEITHER HIP CONSULT NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, NOR ANY OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE AND/OR ANY LINKED WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR CONTENT OR ANY LINKED WEBSITE OR SERVICES PROVIDED VIA THIS WEBSITE IS TO STOP USING THIS WEBSITE, THE CONTENT, LINKED WEBSITES, OR SERVICES, AS APPLICABLE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

Either HIP Consult or you may terminate your access and use of any part of the Website for any reason and at any time without prior notice. HIP Consult reserves the right to cease operating the Website and/or issuing content for Account Users at any time without notice. Upon termination, any rights and licenses granted to you hereunder shall immediately terminate and you agree to no longer access, or attempt to access, the Website and your Account. Any access and use of the Website, and/or your Account by you following termination shall be deemed to be subject to these T&Cs. Termination will be without prejudice to any rights accrued or obligations incurred by either party to the other. If HIP Consult cancels your access to the InfraNav Service in its entirety without cause, HIP Consult will refund you on a pro-rata basis the amount of the fees corresponding to the portion of access remaining right before HIP Consult terminated access.

Termination

Either HIP Consult or you may terminate your access and use of any part of the Website for any reason and at any time without prior notice. HIP Consult reserves the right to cease operating the Website and/or issuing content for Account Users at any time without notice. Upon termination, any rights and licenses granted to you hereunder shall immediately terminate and you agree to no longer access, or attempt to access, the Website and your Account. Any access and use of the Website, and/or your Account by you following termination shall be deemed to be subject to these T&Cs. Termination will be without prejudice to any rights accrued or obligations incurred by either party to the other. If HIP Consult cancels your access to the InfraNav Service in its entirety without cause, HIP Consult will refund you on a pro-rata basis the amount of the fees corresponding to the portion of access remaining right before HIP Consult terminated access.

General

You may not assign these T&Cs to your right to access the Website to any other party. HIP Consult may assign or transfer its rights under these T&Cs to a third party at any time. In such circumstances, the third party shall assume all of HIP Consult’s obligations and HIP Consult shall be relieved of any and all liability under these T&Cs. If any provision of these T&Cs is held to be invalid or unenforceable in whole or in part, the validity of the other provisions of these T&Cs shall not be affected. No third parties shall have any rights under these T&Cs.

Governing Law

Your access to and use of the Website and your Account, and the terms of these T&Cs, are governed by the laws of the District of Columbia. The courts of the District of Columbia shall have exclusive jurisdiction to hear and determine any suit, action or proceedings that may arise out of or in connection with these T&Cs.

Miscellaneous

If any provision of these T&Cs is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these T&Cs and shall not affect the validity and enforceability of any remaining provisions.

These T&Cs, the InfraNav Privacy Policy and the InfraNav Terms and Conditions of Use of Service, represent the entire agreement between us relating to your right to access and use this Website, your Account, the InfraNav Service and the Custom Map(s), and supersede any and all prior or written or oral agreements between us with respect to such subject matter.

No waiver by HIP Consult of any breach or default by you under these T&Cs shall be deemed to be a waiver of any preceding or subsequent breach or default.