LinkFree Terms and Conditions of Use
Thank you for your interest in the MapQuest LinkFree service (hereafter, the "Service"), offered by MapQuest.com, Inc. ("MapQuest").
BY LINKING TO ANY AUTHORIZED PAGE(S) ON THE MAPQUEST WEBSITE ("MAPQUEST.COM") SET FORTH IN THE LICENSE GRANT BELOW, AND/OR BY USING THE SERVICE IN ANY WAY, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE AND YOU AGREE TO JURISDICTION AND VENUE IN THE COMMONWEALTH OF VIRGINIA FOR ANY CLAIM OR DISPUTE REGARDING THESE TERMS AND CONDITIONS OF USE, THE SERVICE, OR MAPQUEST.COM.
Proprietary Rights
You acknowledge and agree that all maps, directions, information, materials and documents made available to you through the Service (the "Materials") are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. For example, MapQuest owns a copyright in the selection, organization, arrangement and enhancement of the Materials, as well as in the Materials original to itself. Third parties whose Materials appear on this website own the copyright in the Materials original to them. The look and feel of this website, including our color combinations, button shapes, and other graphical elements, are MapQuest trademarks. Other than the limited license to use the Service as granted herein, no right, title or interest in or to any Materials is conveyed and all Materials remain the exclusive property of MapQuest or their respective owners.
MapQuest End-User Terms and Conditions
You and any end-users of your website accessing or using the Service agree to abide and be bound by the MapQuest End-User Terms and Conditions, as may be amended from time-to-time, and which are posted at the following URL: http://www.mapquest.com/about/copyright.adp. You also agree to abide and be bound by the MapQuest Privacy Policy, as may be amended from time-to-time, posted at the following URL: http://www.mapquest.com/about/privacy.adp.
License to and Limitations on Use of the Service
Provided that you comply with these Terms and Conditions of Use, MapQuest grants you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to post on your website one or more graphical/textual links to MapQuest.com. All links must be direct links (e.g. no interstitials or redirects) and the links may not contain any trojan horses, worms, time bombs, viruses or other harmful, malicious, or data gathering or data mining programming routines. All links shall be in one of the formats provided by MapQuest, and made available to you at
/features/lf_main, as may be amended by MapQuest from time to time. You agree that you shall not use the Service or Materials in connection with any website that, in MapQuest’s sole determination, is designed to mislead others, or that contains or promotes any of these types of content: libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal good or service, or that link to any website(s) that do so, that engages in spamming, phishing, indiscriminate advertising or unsolicited commercial e-mail, or that engages in cybersquatting or typosquatting. You may use the Service for lawful purposes only. You may not use the Service in any way that would (i) violate or infringe in any way upon the rights of others; (ii) give rise to civil liability; or (iii) otherwise violate any law.
Intellectual Property
You agree not to remove, obscure, or alter copyright notices, trademarks, or other proprietary rights notices affixed to or contained within MapQuest pages or any Materials.
Publicity
So long as you comply with your obligations under this Agreement, you may indicate that a product or service that you created uses MapQuest maps and directions provided that those products or services utilize the Service solely as licensed hereunder and do not in MapQuest's sole determination (1) tarnish, infringe, or dilute MapQuest's trademarks, (2) violate any applicable law, or (3) infringe any third-party rights. If you wish to use any MapQuest trademark and/or logo in any other manner, you must first obtain MapQuest's written consent.
No Support
You understand that your use of the Service is at your own risk and that MapQuest provides no assistance and is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements to the Service.
No Warranties
THE SERVICE AND MATERIALS ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. MAPQUEST, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE WEBSITE AND MATERIALS ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE WEBSITE AND MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY MAPQUEST, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED AGENTS SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THE SERVICE AND THE MATERIALS IS SOLELY AT YOUR OWN RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
The Service is being provided free of charge. Accordingly, you agree that MapQuest, its licensors, and its suppliers shall have no liability arising from or based on your use of the Service or Materials, or the use by end-users of your website using the Service or Materials.
Under no circumstances shall MapQuest, its licensors, or its suppliers be liable to you or to any end-user on account of your or any end-user's use or misuse of the Service or Materials. Such limitation of liability shall apply to prevent any recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if MapQuest has been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Service or Materials, from inability to use the Service, or from any interruption, suspension, or termination of the Service (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Indemnification
Upon a request by MapQuest, you agree to defend, indemnify, and hold harmless MapQuest.com, Inc., and its parent, subsidiary and affiliated companies, and its licensors and suppliers, from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of the Service or Materials or the use of the Service or Materials by any end-users of your website. MapQuest reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MapQuest in asserting any available defenses.
Disclaimer of Endorsement
Placement of any links on your website pursuant to this Agreement does not constitute or imply an endorsement, sponsorship or recommendation of your website, or any products, services, processes, hypertext links to other third parties or other information by trade name, trademark, manufacturer, supplier or otherwise by MapQuest that may appear on your website.
International Use
MapQuest makes no representation that the Service and/or Materials are appropriate or available for use in locations outside the United States, and accessing it from territories where the Materials are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
Choice of Law and Forum
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of the Service or Materials and this website shall be filed only in the state or federal courts located in the Commonwealth of Virginia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
These Terms and Conditions of Use constitute the entire agreement between you and MapQuest with respect to the Service and/or Materials. If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Revenue
100% of the revenue generated on MapQuest pages will remain the property of Mapquest.
You agree that you shall not register any URLs that may be provided to you by MapQuest under this Agreement in any affiliate or similar revenue generating program.
Term and Termination
If you wish to terminate this Agreement, you may simply cease using the Service. In such a case, you must delete any mapping or routing result information that you may have obtained from the Service and remove any links to MapQuest.com from your site. MapQuest may terminate this Agreement at any time, with or without cause. In such case, you must delete any mapping or routing result information that you may have obtained from the Service and remove any links to MapQuest.com from your site.
MapQuest may, at its sole discretion, update these Terms and Conditions of Use at any time.
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