Date: April 20, 2022
Pictometry Canada Corp. d.b.a. EagleView (“EagleView”, “we”, “us” or “our”) owns and operates this website (“Website”) and a mobile application offering geospatial software, aerial imagery, and analytics for use in property development and the preparation of property reports (collectively, the “Services”).
If you download any EagleView application or software from the Apple App Store, or other download sites, in addition to these Terms, you also agree that the terms and conditions from the site from which you downloaded the application will apply, and are hereby incorporated by reference.
If you purchase goods, services or digital content from us, separate terms and conditions of purchase may also apply.
2. Acceptance of Terms
Please read these Terms carefully. These Terms constitute a legal agreement between you and EagleView. By executing an agreement that references these Terms, or by accessing or using the Services, you confirm your agreement to accept and be bound by these Terms, as they may be amended from time to time (see below), in relation to your entire relationship with EagleView, both before and after your acceptance of these Terms. If the individual who accepts these Terms is accepting on behalf of a company or other legal entity, that individual represents that they have the authority to bind that entity and its affiliates to these Terms, in which case the term “you”, “your”, and “yourself” also refers to that entity and its affiliates. If the individual who accepts these Terms does not have that authority, or does not agree with these Terms, that individual and the company or other legal entity they represent must not accept these Terms and may not access or use the Services.
3. Changes to these Terms
You acknowledge and agree that we may make changes to these Terms from time to time, for any reason, in our sole and absolute discretion. The most recent version of these Terms will be posted here. If the changes that we make include material changes that affect your rights and obligations, we will take reasonable steps to notify you of the changes in advance. Your continued use of the Services after we post and/or otherwise notify you of any changes to the Terms means that you accept and agree to be bound by the Terms as amended.
4. Access to and use of the Services
To use or access some of the Services, you must sign up for, open, and maintain an account with EagleView, which will be subject to the Payment Terms set forth in section 5. You must be at least the age of majority in your jurisdiction of residence to create an account. If you are under the legal age of majority in your jurisdiction of residence, or if you are under the age of majority in the location from which you are using or accessing the Services, you may not use or access the Services.
- you will not provide information that is inaccurate or impersonates any other person, including but not limited to, any EagleView employees or other users;
- you will not provide information that is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate or which breaches the requirements or code of conduct set forth in these Terms; and
- you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions.
You acknowledge that you understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.
Some features require or permit use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you become aware of, or have any reason to believe there has been, any loss, theft or unauthorized use of your password, notify EagleView immediately.
5. Payment Terms
Payment terms will be disclosed before the purchase of products and services. Below are certain fees applicable to account registration.
By completing your registration for an account, you authorize us (or our third party designees, such as Google Play or Apple) to charge you a fee plus applicable taxes (the “Fee”) for the products and services you have selected. The taxes payable will depend on the jurisdiction of the address associated with the products and services you have selected (ex: the property address for an EagleView Report).
Billing Terms and Promotions
The Fee will be charged to you against the credit card that you provide to us during your registration for an account. If your credit card payment is declined, you acknowledge and agree that you will no longer be able to access or use the Services.
All Fees are non-refundable.
6. Account Confidentiality
You will be responsible for the confidentiality and use of your username and password and agree not to transfer to any third-party your right to use or access the Services via your account. EagleView hereby disclaims any and all responsibility or liability for any unauthorized use of your account. You agree to notify us immediately of any unauthorized use, theft, or appropriation of your account, username, or password. We will not be liable for any loss that you incur as a result of someone else’s using your account, username, or password, either with or without your knowledge. For clarity, you are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.
7. Proprietary Rights
Access and Use of the Services
Subject to these Terms, EagleView will provide you with access to and use of the Services. Your right to access and use the Services and Content is non-exclusive, may not be transferred or sublicensed to any other person or entity, and may be revoked by EagleView at any time, in its sole discretion, in accordance with these Terms.
Ownership of EagleView Property
You acknowledge and agree that all EagleView Property, including all intellectual property and intellectual property rights in or related to the EagleView Property, is, will be, and will remain the sole and exclusive property of EagleView, its affiliates, its licensors, or their respective successors and assigns. Neither these Terms nor your use of the EagleView Property conveys or will convey to you any right, title, or interest in or in relation to the EagleView Property, except for the limited right to access and use the EagleView Reports that is granted to you below in these Terms.
Ownership of EagleView Data
You acknowledge and agree that any and all data, performance metrics, analytics, reports, know-how, or other information related to the functionality or performance of the Services, including De-Identified Data, but excluding User Content, (collectively, “EagleView Data”), regardless of how, when, or by whom they are created, are, will be, and will remain the sole and exclusive property of EagleView, its affiliates, its licensors, or their respective successors and assigns. You further acknowledge and agree that the EagleView Data are an original compilation protected by copyright law. EagleView has dedicated substantial resources to collect, manage and compile the EagleView Data, and the EagleView Data constitute trade secrets of EagleView. All rights in and to the EagleView Data, and the intellectual property and intellectual property rights in and related to the EagleView Data, are expressly reserved by their owner(s), except to the extent of the limited licence to any EagleView Data that may be contained within any EagleView Reports that is granted to you below in these Terms.
Ownership of User Content
EagleView acknowledges and agrees that, as between you and EagleView, you will be the owner of the information, data, works, and other content, in any form or medium, that you submit, post, or otherwise transmit on or through the Services, excluding the Content (the “User Content”). For clarity, User Content includes your personal information. You acknowledge that you are responsible for the User Content, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the site any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
You represent and warrant that you own or otherwise control all the rights to the User Content you post; that the User Content is accurate; that use of the User Content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify EagleView for all claims resulting from User Content you supply.
You agree that before you create, submit, upload, publish, or otherwise make available any User Content on or through the Services, you will obtain from all persons who are, or whose intellectual or other property is, identified, depicted, or otherwise referred to in the User Content, all licenses, permissions, consents, and waivers, including waivers of moral rights that are necessary for EagleView and affiliates to exercise their rights in and to the User Content in accordance with these Terms.
License We Grant.
- Limited License – Materials on the Website
- All content on the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by EagleView, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, or use of the Website for purposes competitive to EagleView, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. EagleView reserves the right to refuse or cancel any person’s registration for the Website, remove any person from the Website or prohibit any person from using the Website for any reason whatsoever. EagleView, its licensors and content providers, retain full and complete title to their respective materials provided on the Website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in EagleView’s sole discretion. EagleView neither warrants nor represents that your use of materials on the site will not infringe rights of third parties not affiliated with EagleView.
- Limited License – EagleView Reports.
- EagleView hereby grants to you a non-exclusive, non-transferable license to use the EagleView Reports and any EagleView Data contained therein, subject to the following restrictions: you agree to use the EagleView Reports and any EagleView Data contained therein for internal use only, and not to reproduce or redistribute the EagleView Reports and any EagleView Data contained therein outside of your organization. Accordingly, you may copy the EagleView Reports and any EagleView Data contained therein only as necessary for your internal use to (i) view on your organization’s computers, (ii) save a single copy on your organization’s computer hard drive or disk, (iii) print it, and (iv) transfer it to a portable computer device, provided that you do not remove any copyright notices that appear and do not modify the EagleView Reports or any EagleView Data contained therein in any way. You may not otherwise reproduce, copy, modify, transfer or distribute the EagleView Reports or any EagleView Data contained therein in any form, for any purpose.
- EagleView Reports and all EagleView Data contained therein are provided to you “as is,” and you agree to use it at your own risk. EagleView makes no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from the EagleView Reports or any EagleView Data contained therein.
- EagleView (including its affiliates, subsidiaries, licensees, successors and assigns and their respective officers, directors, employees, shareholders, agents and representatives) shall not be liable to you in respect to any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the EagleView Reports or any EagleView Data contained therein, or for any loss of profit, revenue, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of your use or inability to use the EagleView Reports or any EagleView Data contained therein, any defect or error in the EagleView Reports or any EagleView Data contained therein, or any breach of the these Terms, whether in an action in contract or tort or based on a warranty. In the event of an error in an EagleView Report or any EagleView Data contained therein, your sole remedy will be a refund of the fees paid by you to obtain the defective EagleView Report.
Licenses You Grant.
- User Content. You grant to EagleView, its affiliates, and their respective licensees, successors, and assigns, and any third parties authorized by any of them, a worldwide unrestricted, non-exclusive, royalty-free, fully paid up, perpetual, irrevocable, transferable and fully sublicensable license to collect, host, copy, use, publish, reproduce, transmit, process, display, translate, and create derivative works from, such User Content throughout the world in any media. You further acknowledge and agree that EagleView is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to EagleView. You grant EagleView and its affiliates the right to use the name you submit in connection with such material, if they so choose. You acknowledge and agree that the foregoing license includes the following rights: (i) EagleView has the right to de-identify, aggregate, or anonymize the User Content; and (ii) use, process, reproduce, disclose, configure, modify, adapt, edit, delete, enhance, translate, backup, archive, combine with other data or works, create derivative works from, publish, perform, transmit, distribute, make available, broadcast, exhibit, communicate by telecommunication, sell, license, transfer, rent, lease, assign, dispose of and otherwise exploit such User Content and the personal information that forms part of the User Content which has been de-identified, aggregated, or anonymized (the “De-Identified Data”) in connection with the EagleView’s provision of the Services or for any commercial or non-commercial purpose, in any and all media, now or hereafter invented, as determined in EagleView’s sole discretion.
- License to Feedback. You grant to EagleView, its affiliates, and their respective licensees, successors, and assigns, and any third parties authorized by any of them, the sole, worldwide, perpetual, irrevocable, royalty-free, fully paid up, transferable, and sublicensable right and license to use and incorporate into the EagleView Property any suggestion, enhancement, request, recommendation, correction, or other feedback provided by you relating to the EagleView Property or the business, products, or services of EagleView, its affiliates or their successors or assigns.
- License to Testimonials. EagleView may request testimonials from its customers from time to time. Any photograph and/or testimonial will become and remain the sole property of EagleView, its successors and assigns. If you agree to participate in a testimonial, you grant EagleView, its affiliates and their respective licensees, successors, and assigns and any third parties authorized by any of them (each, a “Licensee”) the sole, worldwide, fully paid-up, royalty-free, irrevocable, perpetual, and transferable right and license to display, share, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works from, exploit, sell, rent, license, use your name, image, likeness, voice, professional and personal biographical information, and other personal characteristics and private information that you have provided to EagleView for the purpose of the testimonial, in any and all materials created by or on behalf of any Licensee that incorporate any of the foregoing, in all forms and media now or hereafter invented, including, without limitation, composite and modified representations, for all purposes and through all media (existing or to exist in the future), including but not limited to any trade or commercial purpose. Any Licensee may, but is not required to, use your name as a credit in connection with any photograph and/or testimonial. You irrevocably waive the right to inspect or approve versions of any photograph and/or testimonial or the written copy or other media that may be used in connection with same. You release all Licensees, jointly and severally, from and irrevocably waive any claims that may arise regarding the use of any such photograph and/or testimonial, including any claims of copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion upon seclusion, false light, public disclosure of private facts, and misappropriation of name or likeness), claims of defamation, invasion of privacy or violation of rights of personality or publicity, physical or emotional injury or distress, infringement of moral rights, or any similar claim or cause of action in tort, contract or any other legal theory, now known or hereafter known in any jurisdiction throughout the world.
8. Prohibited Conduct and Restrictions
You agree that you will not:
- provide, disclose, divulge or make available to, or permit use of the EagleView Property by, any third party including rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any EagleView Property to any third party, including on or in connection with the Internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service;
- copy, modify, or create derivative works or improvements of the EagleView Property;
- interrupt or interfere, or attempt to interrupt or interfere, with the EagleView Property in any way, including to reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the EagleView Property, in whole or in part;
- engage in spamming, mailbombing, spoofing or any other fraudulent, illegal or unauthorized use of the EagleView Property;
- use contact information provided on the Website for unauthorized purposes, including marketing;
- engage in or allow any action involving the EagleView Property that is inconsistent with the terms and conditions of these Terms;
- use any hardware or software intended to damage or interfere with the proper working of the EagleView Property or to surreptitiously intercept any system, data or personal information from the Website;
- bypass or breach any security device, or protection used by or in connection with the EagleView Property, including in connection with the access or use of the Services or EagleView Property;
- input, upload, transmit, or otherwise provide to or through the EagleView Property any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code;
- damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the EagleView Property, including EagleView’s provision of Services to any third party, in whole or in part;
- remove, delete, alter, or obscure any warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any EagleView Property;
- access or use the EagleView Property in any manner or for any purpose that (i) infringes, misappropriates, or otherwise violates the intellectual property or other rights of EagleView or any third party, or (ii) violates any applicable law;
- access or use the EagleView Property for purposes of competitive analysis of the EagleView Property, the development, provision or use of a competing software service or product, or any other purpose that is to the EagleView’s detriment or commercial disadvantage; or
- otherwise access or use the EagleView Property beyond the scope of the authorizations granted under these Terms.
Engaging in prohibited conduct constitutes a breach of these Terms and may subject you to civil liability or criminal prosecution under applicable laws. EagleView reserves the right to investigate and/or terminate your account, without a refund of any purchases or settlement of any outstanding accounts, or limit or terminate your access to the Website, if you have violated these Terms, misused the Services, the Content, or any User Content they contain, or acted in a manner that EagleView considers as inappropriate or unlawful. Termination of your access or use will not waive or affect any other right or relief to which EagleView may be entitled at law or in equity.
9. Availability, Accuracy, Completeness and Currency of the Services
While EagleView endeavours to keep downtime to a minimum, we cannot promise that the platform or availability of the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt or suspend access to the Services, or any part thereof, with or without prior notice for any reason and you will not be entitled to any refund of fees or other compensation for any such interruption or suspension.
You are solely responsible, at your own expense, for obtaining and maintaining all Internet access, computer hardware, and other equipment and services needed to access and use the Services.
EagleView updates the Content on the Services periodically. However, EagleView cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of that Content. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk. The Website may contain certain historical information. Historical information is not necessarily current and is provided for your reference only.
EagleView may revise, supplement or delete information, Content, User Content, and services or resources contained on the Services and reserves the right to make such changes without prior notification to past, current, or prospective users but have no obligation to update any information in the Website.
10. Internet, Software, and Computer Viruses
Due to the inherent technical limitations of the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Services. Due to the ability of third parties to share certain content and materials, computer viruses or other destructive programs may also be downloaded or transmitted inadvertently from the Services. EagleView recommends that you install appropriate anti-virus or other protective software.
EagleView is not responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise affect the use of your computer equipment or other property on account of your access to or use of the Services or your downloading or otherwise acquiring any Content, User Content or other information from or through the Services.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. EAGLEVIEW EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EAGLEVIEW OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY REPRESENTATION OR WARRANTY OF ANY KIND. EAGLEVIEW DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EAGLEVIEW WEBSITE, APP OR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EAGLEVIEW AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EAGLEVIEW WEBSITE, APP OR SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE EAGLEVIEW WEBSITE, APP OR SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
IN CERTAIN JURISDICTIONS THE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO ALL OR A PORTION OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
12. Limitation of Liability
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, STAFF, AGENTS, CONTRACTORS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF ANY GOODS, SERVICES OR DIGITAL CONTENT TO YOU, WHICH WILL BE SET OUT IN THE RELEVANT TERMS AND CONDITIONS OF SUPPLY RELATING TO SUCH SUPPLY.
IN NO EVENT SHALL EAGLEVIEW PARTIES, DEFINED BELOW, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, SALES, BUSINESS OR REVENUE, OR BUSINESS INTERRUPTION, LOSS OF ANTICIPATE SAVINGS, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
THE USE OR PERFORMANCE OF THE EAGLEVIEW WEBSITE, APP OR SERVICES, OR ANY LINK ACCESSED THROUGH THE WEBSITE
THE DELAY OR INABILITY TO USE THE EAGLEVIEW WEBSITE, APP OR SERVICES, OR ANY LINK ACCESSED THROUGH THE WEBSITE
THE PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE, APP OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EAGLEVIEW WEBSITE, APP, SERVICES, OR LINK ACCESSED THROUGH THE WEBSITE
USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE
REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE WEBSITE OR
OTHERWISE ARISING OUT OF THE USE OF THE EAGLEVIEW WEBSITE, APP, OR SERVICES WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE AND/OR THE EAGLEVIEW PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT MOST OF THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE EAGLEVIEW PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EAGLEVIEW WEBSITE, APP, SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EAGLEVIEW WEBSITE, APP AND SERVICES. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will indemnify, defend, and hold harmless EagleView, its affiliates, and their respective directors, officers, shareholders, employees, staff, contractors, subcontractors, representatives, agents, licensors, licensees, suppliers, successors, and assigns (the “EagleView Parties”) from and against any and all losses, liabilities, claims, demands, damages, judgments, penalties, fines, costs, and expenses, including legal fees, and disbursements, incurred by the EagleView Parties, relating to, arising from, or in connection with a third party claim, demand, action, or proceeding arising out of (i) an allegation that the User Content or the use of the User Content with the Services infringes, misappropriates, or otherwise violates any third party’s rights or is otherwise unlawful; (ii) your breach of these Terms, including, any representation, warranty, covenant, or obligation therein; (iii) your negligence, fraud, or willful misconduct; (iv) your use of the EagleView Property (including, for clarity, any EagleView Reports and EagleView Data); (v) your use of the EagleView Property (including, for clarity, any EagleView Reports and EagleView Data) in combination with data, software, hardware, equipment or technology not provided by EagleView or authorized by EagleView in writing; or (vi) any modifications made by you to the Services or to any other EagleView Property (including, for clarity, any EagleView Reports and EagleView Data) that have not been authorized by EagleView in writing. EagleView reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with EagleView in defense of such matter.
14. Suspensions and Termination
EagleView may, at any time and from time to time, without notice, suspend or terminate your access or right to use the Services and any licenses it has granted hereunder if EagleView determines, in its sole discretion, acting reasonably, that:
- you have violated or otherwise breached these Terms;
- any information provided by you is untrue, inaccurate, not current, or incomplete; or
- you, or any other persons or entities, are obtaining unauthorized access to the Services, Content, EagleView Property (including, for clarity, any EagleView Reports or EagleView Data) or any User Content, or any other systems or information of EagleView.
A suspension may be for such period of time as EagleView considers necessary to permit the thorough investigation of the conduct at issue.
You agree that, upon the suspension or termination of your access or right to use the Services, you will immediately cease and desist from all use of the Services unless and until access is restored by EagleView.
Your limited licence to use EagleView Reports will terminate automatically, without notice from EagleView if your access is terminated. Upon termination, you must destroy all electronic copies and destroy or return any written copies of any EagleView Reports or other Content, including all copies and modified copies made thereof (if any).
15. Linked Website Disclaimer
The Services may contain links to other web sites, some of which are operated by EagleView or its affiliates and others of which are operated by third parties. Such links are provided as a convenience to you and as an additional avenue to access the information contained therein. EagleView has not necessarily reviewed all the information on those sites and is not responsible for the content of those sites or any products or services that may be offered through those or any other sites. The inclusion of linked sites should not be viewed as an endorsement of them. Please be aware that the linked sites are governed by their own terms and conditions and privacy policies. We encourage you to be aware when you click these links and leave the Services. Your use of these linked sites is at your own risk. EagleView is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
16. Copyright Dispute Policy
If you believe that material or content that resides or is accessible on or through the Services infringes a copyright, please send a notice of claimed infringement to EagleView, either by email at firstname.lastname@example.org or by mail to the following address: 25 Methodist Hill Drive, Rochester, NY 14623.
The notice should contain the following information:
- contact information about the claimant, including name, mailing address, and other particulars required to communicate with the claimant;
- identification of the work or other subject matter to which the claimed infringement relates;
- a description of the claimant’s interest or rights in or to the work or other subject matter;
- identification of electronic location of the infringing material to which the claimed infringement relates, with sufficient detail so that EagleView is capable of finding and verifying its existence;
- the date and time of the commission of the claimed infringement; and
- any other information that may be prescribed under applicable laws.
The notice may not contain any of the following:
- an offer to settle the claimed infringement;
- a request or demand, made in relation to the claimed infringement, for payment or for personal information;
- any reference, including by way of hyperlink, to such an offer, request, or demand; or
- any other information that may be prescribed under applicable laws or regulations.
If the notice is not compliant with these requirements, EagleView will have no legal or other obligation to take any action in relation to the claimed infringement.
If a proper bona fide infringement notice is received in accordance with these Terms, it is EagleView’s policy to remove or disable access to the infringing material; notify the user that posted, submitted or uploaded the subject content that EagleView has removed or disabled access to the material; and where EagleView deems appropriate, discipline repeat offenders, in accordance with applicable laws, by suspending or terminating the offender’s access to or use of the Services, Content, and the User Content they contain, in whole or in part.
17. Governing Law and Choice of Forum
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Notwithstanding the foregoing, EagleView may seek a temporary or permanent injunction (or other equitable relief), and file the necessary underlying suit, in any court having jurisdiction over the parties anywhere in the world as necessary to protect EagleView’s intellectual property or other proprietary rights. We recognize that it is possible for you to obtain access to the Website from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on the Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for your use, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
18. Geographic Restrictions
We provide the Services for use only by persons located in Canada. The Services are not intended for use in any jurisdiction where their use is not permitted. If you access the Services from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
19. General Terms
You may not assign, transfer, sublicense, or convey these Terms, including any rights granted by EagleView and obligations assumed by you, except with EagleView’s prior written consent. We may assign, transfer, sublicense, or convey these Terms, and our rights and obligations under them, to any third party without notice to you.
Successors and Assigns
These Terms enure to the benefit of and are binding on the parties and their successors and permitted assigns and all others acting by, through, or with their direction or in privity with each of them.
No waiver of satisfaction of a condition or non-performance of an obligation under these Terms is effective unless it is in writing and signed by the party granting the waiver or that party’s authorized representative. Unless expressly granted in writing and signed by the party granting the waiver or that party’s authorized representative, no waiver will extend to any subsequent non-satisfaction of a condition or non-performance of an obligation under these Terms, whether or not of the same or similar nature to that which was waived. No waiver will affect the exercise of any other rights or remedies under these Terms. Any failure or delay in exercising any right or remedy will not constitute, or be deemed to constitute, a waiver of that right or remedy. No single or partial exercise of any right or remedy will affect further exercise of any right or remedy.
The headings used in these Terms and its division into articles, sections, schedules, exhibits, appendices, and other subdivisions do not affect its interpretation.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement and Admissibility
No Joint Venture
You agree that no joint venture, partnership, employment, or agency relationship exists between you and EagleView as a result of these Terms or your use of the Services.
Right to Comply
EagleView’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EagleView’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by EagleView with respect to such use.
The parties have requested that these Terms and all communications and documents relating hereto be expressed in the English language. Les parties ont exigé que les modalités d’utilisation ainsi que tous documents s’y rattachant soient rédigés dans la langue anglaise.
20. Questions, Concerns, and Suggestions
If you have any questions, concerns or suggestions regarding the Services, Content, User Content, or these Terms, please email us at: email@example.com; calling us at +1 855-984-6590 or writing to us at: Pictometry Canada Corp. d.b.a. EagleView, 10900 NE 4th St Suite 800 Bellevue, WA 98004-5873. Thank you for visiting our site.
21. Copyright and Trademarks
Trademarks, logos and service marks displayed on the Website are registered and unregistered trademarks of EagleView, its affiliates, licensors, content providers or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission, except as otherwise described herein. EagleView reserves all rights not expressly granted in and to the Website and its content. The Website and all of its content including, but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
You and any third parties acting on your behalf are not allowed to frame the Website or use EagleView’s proprietary marks as meta tags, without EagleView’s written consent. These marks include, but are not limited to, EagleView, Pictometry, the Compass Rose logo and all related names, logos, product and service names, designs and slogans. You may not use frames or utilize framing techniques or technology to enclose any content included on the Website without EagleView’s express written consent. Further, you may not utilize any Website content in any meta tags or any other hidden text techniques or technologies without EagleView’s express written consent.
© 2022 Pictometry Canada Corp., Eagle View Technologies, Inc. and Pictometry International Corp. All rights reserved. Reports issued by Eagle View Technologies, Inc. are covered by one or more international and U.S. patents and pending applications, including U.S. Patent Nos. 8,078,436; 8,145,578; 8,170,840; 8,209,152; 8,515,125; 8,825,454; 9,135,737; 8,670,961; 9,514,568; 8,818,770; 8,542,880; 9,244,589; 9,329,749; 8,938,090 and 9,183,538. Other patents pending.