UltimateLocator.com Terms of Service
(Last Updated: October 28, 2015)
Welcome to UltimateLocator.com, a product owned by Jackson Mangus, LLP. Jackson Mangus, LLP. provides services available at our Web site (the “Site”) http://www.UltimateLocator.com (“UltimateLocator.com”), to you (“you”, "your" , "they", “user” or “users”).
By using this Site, the services available at this Site, and any service, software, application, plug-ins, component, functionality, or program created or delivered via the UltimateLocator.com site (together, the "Services"), you are agreeing to the following terms and conditions (“Terms of Service”). These terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and the Services, whether directly or through a third-party site. Please read them carefully before using this Site or the Services. Should you have any questions concerning this Agreement, please contact legal@UltimateLocator.com.
By visiting this Site and/or by completing the new member account registration process for the Services and/or signing up for a free trial or fee based subscription plan, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions of use. UltimateLocator.com is available ONLY TO USERS 18 YEARS OF AGE OR OLDER. REGISTRANTS UNDER THE AGE OF 18 ARE NOT ALLOWED TO COMPLETE THE REGISTRATION PROCESS OR USE THE SERVICE AS A PAYING CLIENT.
A. MODIFICATIONS TO THIS AGREEMENT.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please contact us via a trouble ticket or via email.
B. YOUR REGISTRATION OBLIGATIONS.
To obtain and use the Services, you will be required to register with UltimateLocator.com by completing a registration form at our Site and designating a user ID (email) and password. When registering with UltimateLocator.com you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify UltimateLocator.com of any unauthorized use of your user ID or password or any other breach of security. UltimateLocator.com cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
C. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By registering with UltimateLocator.com, you understand that we may send you communications or data from UltimateLocator.com regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding UltimateLocator.com’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
D. USER CONDUCT/ACCEPTABLE USE POLICY.
Unauthorized use of the UltimateLocator.com service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party. In addition, you may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of UltimateLocator.com or others.
To the extent that the Services provide Users an opportunity to store and exchange information, materials, data, files, images, programs, ideas and opinions (“User Content”), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. By registering to use the Services, you understand and acknowledge that UltimateLocator.com and its contractors retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly display such content for the sole purpose of providing to you the Services for which you have registered. In the event that you give UltimateLocator.com the right to distribute your content, additional terms may apply to UltimateLocator.com’s usage or distribution of this content. You continue to retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. UltimateLocator.com does not claim any ownership rights in any User Content.
UltimateLocator.com reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit UltimateLocator.com’s response to a future complaint. You acknowledge and agree that UltimateLocator.com shall not assume or have any liability for any action or inaction by UltimateLocator.com with respect to any User Content.
Additionally, UltimateLocator.com reserves the right, without limitation, to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the UltimateLocator.com Site, computer systems and network, or the Services.
2. You may not attempt to interfere with any other person’s use of the Services.
3. You may not misrepresent your identity or impersonate any person.
4. You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
5. You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
6. You may not use the Services to participate in pyramid schemes or chain letters.
7. You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
8. You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
9. You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
10. You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
11. You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
12. You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
13. You may not use the Services to harvest or otherwise collecting information about others, including e-mail addresses.
14. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by UltimateLocator.com in connection with the UltimateLocator.com Site or Services.
15. You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of UltimateLocator.com. Use of the Services on the Site as well as use of the Services on any desktop application will be applied toward such bandwidth usage.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of UltimateLocator.com. UltimateLocator.com reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit UltimateLocator.com’s response to a future complaint. You acknowledge and agree that UltimateLocator.com shall not assume or have any liability for any action or inaction by UltimateLocator.com with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
E. INTELLECTUAL PROPERTY RIGHTS AND NOTICES.
Except for the licenses granted herein, you have no right, title or interest in or to UltimateLocator.com Services or any content. You agree that UltimateLocator.com or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to UltimateLocator.com service and content, including, without limitation, text, images, and other multimedia data.
All contents of the UltimateLocator.com’s Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2012 Jackson Mangus, LLP. and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of UltimateLocator.com and/or it suppliers, affiliates, or licensors. All rights reserved.
UltimateLocator.com and the UltimateLocator.com logo are including without limitation, either trademarks, service marks or registered trademarks of Jackson Mangus, LLP. and may not be copied, imitated, or used, in whole or in part, without UltimateLocator.com’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
Jackson Mangus, LLP. may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
F. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
UltimateLocator.com respects copyright law and expects Users to do the same. UltimateLocator.com expressly prohibits the use of its Services for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Services. In addition, UltimateLocator.com may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.
If you believe that your work has been copied in a way that constitutes copyright infringement, please see Section V of this Terms of Service document for information on how to report all violations to our agents.
G. THIRD PARTY CONTENT, SITES AND SERVICES.
All transactions using UltimateLocator.com’s services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. However, UltimateLocator.com is not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. UltimateLocator.com shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
H. DOMAIN ACCESS / INTEGRATION RESTRICTIONS
Each unique Subscription Plan that a User creates within the Service, will be allowed to operate one (1) Locator System. Each Locator System is restricted to be accessible from one (1) single domain name. Each Locator System is restricted to be integrated into one (1) single domain name. Our system will authenticate the domain name where the provided Integration Code is implemented on the User’s web site and evaluate it against the registered domain within the User’s Locator System and settings. If the access domain does not match or authenticate with the registered domain, access will be denied. Additional sub-domains are allowed as so long as the sub-domain is a real sub of the registered domain. The registered domain name within the Locator System or Settings can be altered at any time, so that the Locator System can be moved from one web site to another website.
J. UltimateLocator.com MAKES NO WARRANTIES.
UltimateLocator.com is in no way liable for loss of customer data. Under no circumstances will UltimateLocator.com be held accountable for any loss of customer data. By becoming a UltimateLocator.com user you, the customer, acknowledge that you forfeit the right to hold UltimateLocator.com accountable for any and all technical errors, including loss of user data (customer data).
In the event that UltimateLocator.com concludes offering services, UltimateLocator.com users will be responsible for logging into the Site and exporting their data to their computer for backup purposes. UltimateLocator.com does not guarantee length of service.
UltimateLocator.com intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, UltimateLocator.com may make changes and improvements to the information provided herein at any time. UltimateLocator.com PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UltimateLocator.com, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “UltimateLocator.com PARTY,” AND COLLECTIVELY, THE “UltimateLocator.com PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE UltimateLocator.com PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
K. LIMITATIONS OF LIABILITY.
IN NO EVENT WILL ANY UltimateLocator.com PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH UltimateLocator.com PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION K IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY UltimateLocator.com PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, UltimateLocator.com is found responsible to any UltimateLocator.com User for any reason whatsoever, UltimateLocator.com’s responsibility shall be limited to the amounts actually paid by such user for UltimateLocator.com’s services, and shall not include punitive damages or consequential or resulting damages of any nature.
L. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION.
WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS I AND J, THE UltimateLocator.com PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS H AND I, UltimateLocator.com IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE DESKTOP SOFTWARE, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless, UltimateLocator.com, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. UltimateLocator.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with UltimateLocator.com in asserting any available defenses.
N. TERMINATION OF SERVICE/DELETION OF DATA.
UltimateLocator.com reserves the right to terminate the following without notice; your member account, your subscription plan and/or your use of the Services and remove any data within the UltimateLocator.com service that may belong to you, in our sole discretion, without cause and/or without notice.
After a subscription plan has successfully been cancelled by UltimateLocator.com or by a User, and the current billing cycle has ended, all access to the locator system associated with the subscription plan will be terminated. Users will have an additional 15 days to re-Activate the subscription plan otherwise all data associated with the locator system will be permanently removed from our servers and databases and then discarded on the sixteenth day. UltimateLocator.com will not be able to retrieve your data by any means after this 15 day period. AFTER 15 DAYS, ANY DATA YOU HAVE STORED ON UltimateLocator.com’S SYSTEMS MAY NOT BE RETRIEVED, and UltimateLocator.com shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.
The fees applicable for UltimateLocator.com’s services are available at www.UltimateLocator.com and as published within the Services. UltimateLocator.com reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us in your Member Account or posted on the Site within your Member Account).
Unless User successfully processes a cancellation from within your Member Account no later than the last day of the current term, at the conclusion of the user's current billing cycle term, whether monthly, yearly, or otherwise, UltimateLocator.com will automatically renew the service for the same term and will automatically charge the user's credit card or debit card account that is on file, on the first day of the renewal term, in accordance with the fees associated with the service term.
If payment is not successfully captured from user's approved payment method, user will have a (7) day grace period to make payment in full. UltimateLocator.com will likely send a notice about the payment processing complication by email to the address you have most recently provided to us. User's account will be frozen, inaccessible, and all web services will be turned off if the payment cannot be successfully processed by UltimateLocator.com within seven (7) days of the renewal date. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of (7) days, user's subscription plan will be deactivated and all user data will no longer be retrievable.
To upgrade or downgrade your service plan, you may alter your selected plan within your Member Account. All subscription plan changes, whether upgrades or downgrades are automatic and instant and the fees associated with a previous subscription plan will be prorated. Any unused portion of your prior plan will be credited to your member’s billing profile.
Plugins from the UltimateLocator.com service can be added to your account at any time. When adding new plugins to any locator subscription within your account, there will be a one-time fee associated with enabling the plugin. Plugin fees are processed immediately for non-trial plans. Plugins added to any locator subscription within your account during a Free Trial Period will be processed at the end of the Free Trial.
Each plan offered is allocated a specific amount of bandwidth that it can use per month free of charge, depending on the plan subscribed to (Starter, Professional, Executive, etc.) Your Plan will measure bandwidth by the number of gigabytes that are sent in/out of the network.
We offer generous amounts of bandwidth per month free of charge. Most customers should not exceed their allotment unless the locator system experiences extremely heavy traffic. In the event that you do exceed your monthly bandwidth allotment, your Ultimate Locator service will not be halted or blocked and access to your locator system and its features will continue and remain active. Accounts exceeding monthly bandwidth allotments will be billed at $0.50 USD for each additional gigabyte (GB) that is consumed above the monthly allotment.
It is your responsibility to monitor usage and avoid overage fees.
MAPPING IMPRESSION LIMITS:
All subscription plans have a max cap of 15,000 map impressions per month. If you consistantly consume more than 15 thousand map impressions per month, over a 2-4 month period, our team will reach out to you to discuss moving you to a higher paid plan that will correlate with your average monthly consumption.
P. CANCELLATION OF SUBSCRIPTIONS AND REFUND OF CHARGES.
All subscription plan cancellations are processed automatically and instantly within the service. To cancel your subscription plan at any time, please login to your Member Account and click on the icon for "Cancel Subscription" on your Billing Profiles page and follow the instructions. Each active locator system in your account will have its own unique billing profile.
Except as specifically set forth in this section, all UltimateLocator.com services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed in accordance with the previous section.
When your UltimateLocator.com service is canceled by you, you will not be issued refunds for the current billing cycle fees, the most recent billing cycle fees or any previous billing cycle fees. We cannot pro-rate the current billing cycle fees. Your UltimateLocator.com service plan will remain accessible and active until the end of the current billing cycle. The single exception to this is NON-TRIAL annual subscribers. Annual subscribers who wish to cancel and request a refund for funds pre paid, may do so within 60 days of the subscription plan creation date; in these cases, only a partial refund equivalent to 80% of the unused portion of your service will be returned. Other requests for refunds may be processed at the sole discretion of a UltimateLocator.com staff member, on a case-by-case basis.
If you have a question while canceling your subscription plan, you must give our staff adequate time to respond to your support ticket. Delays in our support system do not qualify as a reason to extend your trial period, or excuse canceling a Free Trial after 14 days. Cancellation requests sent via email will not be accepted or processed. You must use our automated online system to process your cancellation request, which is accessible from within your member's account.
Q. 14 DAY FREE TRIALS.
A complimentary 14-Day Free Trial period is provided for each new locator system ordered through the Service, at no charge. The day of creation constitutes the first day of the trial period. The 14th day of the 14-Day Trial period signifies the end of the trial period.
Once your 14-Day Free Trial period has expired, your free trial plan will automatically be converted to a subscription plan. The next day following the end of the free trial period signifies the start date of your subscription plan and the fees applicable for the active subscription plan will be automatically charged to your credit card or debit card account that is on file.
IF YOU DO NOT WISH TO HAVE YOUR 14-DAY FREE TRIAL PERIOD CONVERTED TO A SUBSCRIPTION PLAN, YOU MUST CANCEL YOUR 14-DAY FREE TRIAL BEFORE THE FOURTEENTH DAY ENDS AT MIDNIGHT EASTERN STANDARD TIME. OTHERWISE, YOUR FREE TRIAL WILL BE AUTOMATICALLY CONVERTED TO A SUBSCRIPTION PLAN AND CHARGED APPLICABLE FEES FOR THE NEW PLAN.
To cancel your 14-Day Free Trial at any time, users must login to your Member Account and click on the icon for "Cancel Subscription" on your Billing Profiles page and follow the instructions. Each locator system in your account will have its own unique billing profile.
Users on our 14 Day Free Trial may cancel, upgrade or downgrade their subscription plan, at any time without fees, for 14 days after the account was first created. If you choose to cancel your plan during the Free Trial, any unused portions of your free trial will be discarded immediately. If you choose to upgrade or downgraded your active plan to a different subscription plan, the new plan will become active immediately.
If you have a question while canceling your 14-Day Free Trial, you must give our staff adequate time to respond to your support ticket. Delays in our support system do not qualify as a reason to extend your trial period, or excuse canceling a Free Trial after 14 days. Cancellation requests sent via email will not be accepted or processed. You must use our automated online system to process your cancellation request, which is accessible from within your member's account.
R. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
S. EUROPEAN USERS.
By using the UltimateLocator.com Services, Users in the European Union understand and consent to the processing of personal information in the United States.
T. NOTICES TO UltimateLocator.com.
You may notify us by e-mail at legal@UltimateLocator.com.
U. OTHER TERMS.
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
UltimateLocator.com may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of UltimateLocator.com to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
W. COPYRIGHT COMPLAINTS AND REMOVAL POLICY.
If you believe that your copyright in any material has been infringed on a site hosted on UltimateLocator.com’s equipment or through its services, please send a DMCA Notice. (described below) to UltimateLocator.com’s Copyright Agent for Notice of Claims of Copyright Infringement. Once we receive a complete DMCA Notice, we will then evaluate your notice and take such action as is appropriate under the Digital Millennium Copyright Act (.DMCA.), 17 U.S.C. § 512 et seq.
Federal law requires your DMCA Notice to include the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material, including the Site's URL (or Link), that you claim is infringing, with enough detail so that we may locate it. You must be specific on how we can find, locate and review the materials.;
- Your address, telephone number, and e-mail address;
- A statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (b) the above information in your notice is accurate, and (c) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
- Your physical or electronic signature.
UltimateLocator.com.s Copyright Agent for Notice of Claims of Copyright Infringement can be reached as follows:
Attn: DMCA Copyright Agent
200 S. Oakridge Dr.
Hudson Oaks, TX 76087 USA
Please note that UltimateLocator.com, in its sole discretion, may terminate the account of any User about whom UltimateLocator.com receives more than one complaint of copyright infringement.
X. TERMS FOR 3RD PARTY PROVIDERS.
UltimateLocator.com provides services that permit registered Users of the UltimateLocator.com Service to accept and use services provided by third-party providers of Digital Mapping API Services. The top providers in use by the Site include Nokia, Inc. and Google, Inc..
All Users must follow and agree to the Terms of Service from each of these providers in order to utilize and use their service within the Site provided by UltimateLocator.com.
The Terms of Service from each of the providers are available on the web. Here are links to each provider's page that defines their Terms of Service:
Nokia Maps: http://www.here.com/services/terms
Google Maps: http://code.google.com/intl/en/apis/maps/terms.html
If you have any questions about this policy, please contact UltimateLocator.com at http://www.UltimateLocator.com via the Support page.