Terms of Use: Terrain Navigator Web Site

Last updated: October 10, 2016

© 2016 Trimble Inc. All rights reserved.

Copyright & Trademarks

No portion of this web site or the service may be reproduced in any form, or by any means, except as authorized below, without prior written permission from Trimble Inc.

Acceptance of Terms Through Use; Changes to Terms of Use

WELCOME TO THE TERRAIN NAVIGATOR WEB SITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE ("SITE"). YOUR USE OF THIS SITE OR ACCESSING MATERIALS FROM THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

Please note that Trimble reserves the right to update and change these Terms of Use from time to time at its sole discretion. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use will confirm your acceptance of those changes. In the case of any violation of these Terms of Use, Trimble reserves the right to seek all remedies available in law and equity for such violations. These Terms of Use constitute a binding, legal agreement between you and Trimble and are intended to have the same force and effect as if you signed them. A current copy of these Terms of Use can be accessed and viewed at any time from the home page of the Site.

Age Restrictions

If you are between 13 and 18 years of age, you must have your parent or guardian’s permission to use this Site. You may not use this Site if you are under 13 years of age.

Title and Ownership

All right, title and interest in and to the Site and the content and other information and materials available on this Site, including software, (collectively the "Materials") are proprietary to Trimble and its suppliers and are protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All trademarks, service marks, and logos (collectively, “Marks”) that appear throughout the Site belong to Trimble or the respective owners of such Marks, and are protected by U.S. and international trademark and copyright laws. Any use of any of those Marks without the express written consent of Trimble or the owner of the Mark, as applicable, is strictly prohibited. All rights not expressly granted under these Terms of Use are retained by Trimble and its suppliers. Unauthorized use of the Site and/or Materials may violate copyright, trademark and other intellectual property rights and laws.

Limited License to Use Site

The Materials at this Site are copyrighted and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may print out or download on a single computer, one copy of the Materials found on the Site for your personal, non-commercial, internal use only, unless specifically licensed to do otherwise by Trimble in writing or as allowed by any license terms which accompany or are provided with individual Materials. The above notwithstanding, if you are a commercial user of Trimble products you may print out and use a reasonable number of copies of Materials related to those specific Trimble products solely in connection with your authorized use of such products, subject to the terms and conditions of these Terms of Use. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose except as otherwise authorized above; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law and then only with advance notice to Trimble; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.

Termination of this License

If you violate these Terms of Use, your authorization and license to use this Site and the Materials shall automatically terminate and you must immediately discontinue use of and destroy any downloaded or printed Materials obtained from the Site.

Products and Services

Trimble's obligations with respect to its products and services are governed solely by the terms and conditions of sale and agreements under which they are provided. For example, if you download software from this Site, use of the software shall be governed by the provisions of the End User License Agreement or other software license agreement that accompanies or is provided with the software. If you obtain a product or service from Trimble through this Site that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

Password-Protected Areas and Access

Certain services available through this Site may be accessed from password-protected areas only. Access to and use of any such service from a password protected area is restricted to authorized users only who have met the qualifications required by Trimble, in its sole discretion, for use thereof. Such services may be provided subject to the terms and conditions of a separate use or license agreement applicable to the specific service, and posted at such password-protected area. In the event of a conflict between these Terms of Use and provisions contained in any such separate agreement applicable to a specific service available through this Site, you agree that the latter shall be controlling. Distribution of a password to any person or entity not authorized to use the password is prohibited and will result in immediate removal of the password holder's rights to access this Site in whole or in part.

Copyright and Trademark Information

Copyright information and a current list of United States trademarks owned by Trimble are set forth at http://www.trimble.com/copyrights.aspx. Any questions concerning their use, or whether a trademark that does not appear on this list is a trademark of Trimble should be referred to Trimble's Intellectual Property department at U.S. +1 408 481 8000.

General Disclaimer; Warranty Disclaimer; and Limitation of Liability

Although Trimble has attempted to provide accurate information on this Site, Trimble assumes no responsibility for the accuracy of the information or Materials; nor does Trimble warrant that the information or Materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. Trimble may change the Materials or products mentioned at any time without notice. Mention of non-Trimble products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL TRIMBLE OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, THIRD PARTY, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY TRIMBLE PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF TRIMBLE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE EXCLUSION OF DAMAGES UNDER THIS SECTION SURVIVES IN THE EVENT ANY REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT WILL TRIMBLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).

Trimble does not assume and will not have any liability arising from events beyond Trimble’s control or the control of its subcontractors, business partners or licensors, including events such as acts of God, acts of any governmental entity, acts of a public enemy, strikes, natural disasters, or failure or diminishment of power or telecommunications or data networks or services.

User Communications / Chat Rooms, Blogs and Other User Forums

This Site may include email services, bulletin board services, blogs, chat areas, forums, communities, personal web pages, feedback and ratings mechanisms, and other message or communications facilities designed to enable you to communicate with Trimble (e.g., to provide feedback and suggestions) and with other Site users, and to post, upload, share and submit materials (e.g., text, images, data, etc.) for review by Trimble, the general public or by members of a public or private community (collectively, "User Communications"). PLEASE BE AWARE THAT USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY; AND THAT BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, PROVIDING OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO THIS SITE YOU UNDERSTAND AND AGREE THAT:

  • You are granting Trimble, its designees, licensees and business partners, as well as members of the general public using the Site consent and permission to use your User Communications, including without limitation, worldwide, royalty-free, non-exclusive, perpetual license rights with right of sublicense to disclose, reproduce, store, display (publicly or otherwise), perform, publish, adapt, modify, transmit, distribute, have distributed, edit, translate, reformat, create derivative works based on and otherwise use such User Communications;
  • Trimble shall be free to use any ideas, concepts, know-how or techniques contained in the User Communications for any purpose without obligation of compensation or attribution; and
  • You represent and warrant that you own or otherwise control all of the rights to your User Communications and that your User Communications will not infringe or violate the rights of any third party.

Trimble shall have no obligation to monitor the User Communications to the Services. Nor shall Trimble have an obligation to remove any User Communications that you have opted to input and share absent Trimble’s receipt of your written request to do so. However, Trimble reserves the right to review materials posted to the Services and to remove any materials in its sole discretion.

Trimble reserves the right at all times to disclose any information as Trimble deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any User Communications or other materials, in whole or in part, in Trimble's sole discretion. Personally identifiable information and other User Communications that you may submit for the purpose of receiving products or services will be handled in accordance with Trimble's online Privacy Statement. Trimble may also use User Communications to respond to your User Communications and to send you service announcements, administrative messages and other information about the Site. You may opt out of those Trimble communications at any time by updating your account.

Trimble does not control or endorse the content, messages or information found in any User Communications and, therefore, Trimble specifically disclaims any liability with regard to them and any actions resulting from your participation in any services.

Please note: You may submit a request for removal of your shared User Communications from the applicable user chat room, blog or other forum to the email address designated for such purpose or to info@mytopo.com; provided, however, that such removal will not affect any licenses granted in connection with your User Communications prior to the time of their removal.

Special Purpose Messages

You agree that Trimble may contact you with special purpose messages sent from time to time through your personal computer, mobile phone or other wireless device delivered using SMS-based text messages, email messages or other communication mechanisms, in situations when such contact is required to inform you about material events concerning you and your account.

No Misuse of the Site

As a condition of your use of the Site you agree that you will not use the Site or Materials for any purpose that is unlawful or prohibited by the Terms of Use. You will be responsible for any costs incurred by Trimble or any other party (including attorneys’ fees) as a result of your misuse of the Site or Materials. Misuse includes, but is not limited to:

  • Using the Site or Materials to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials; or to defame, harass, stalk, threaten or otherwise violate the legal rights of others;
  • Using the Site or Materials in such a manner so as to interfere unreasonably with its use by others; or attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;
  • Subscription fraud or unauthorized access;
  • Using, uploading, or otherwise making available, any information or other Materials, including files that contain text, images, photographs, software or other materials owned by others in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of others;
  • Advertising, offering to sell or buy goods, or using the Site or Materials for business promotional purposes;
  • Violating any code of conduct associated with the Site, or any applicable laws or regulations;
  • Taking any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; or uploading files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others.

Dangerous Activities.

None of the Materials on the Site are intended for use in the operation of nuclear facilities, life support systems, emergency communication, aircraft navigation or communication systems, air traffic control systems, technical building or structural design, power plant design or operation, or any other such activities in which the failure of a service could lead to death, personal injury, or severe physical or environmental damages.

Indemnification

UPON A REQUEST BY TRIMBLE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TRIMBLE AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, AND THIRD PARTIES, AND ITS AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE OR MATERIALS. TRIMBLE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO COOPERATE WITH TRIMBLE IN ASSERTING ANY AVAILABLE DEFENSES. YOU MAY NOT SETTLE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF TRIMBLE IN EACH CASE.

Removal of Materials and Discontinuation of Service; Termination of Authorization to Use Site

Trimble reserves the right to remove Materials or discontinue services available on this Site with or without notice. Trimble further reserves the right to terminate your authorization to use any services or Materials at this Site, to terminate your password, if any, and to delete any one or more of your related accounts, for any reason or for no reason, immediately and at any time. Trimble accepts no responsibility for such deleted or removed Materials or other information.

Links to Third Party Sites

This Site may contain links to third party web sites. Access to any other web site linked to this Site is at the user's own risk. Trimble does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on those web sites, or about any products found at those web sites, or about any search results that may be obtained from using them. Trimble provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

Linking to the Trimble Web Site

You may create links to this Site from other web sites, but only in accordance with the following guidelines and in compliance with applicable law. A web site that links to Trimble's web site:

  • May link to but not replicate the Trimble content (i.e., Materials).
  • May refer to the Trimble company name or product names in a plain text font and format in accordance with Trimble’s general trademark usage guidelines, using appropriate wording such as "This way to Trimble Inc" or "Click here for more information on Trimble products".
  • Shall not create a browser or border environment around Trimble content.
  • Shall not imply that Trimble is endorsing its products.
  • Shall not misrepresent its relationship with Trimble.
  • Shall not present false information about Trimble products or services.
  • Shall not use the Trimble or Terrain Navigator logo or other trademarks (including third party trademarks) without permission from Trimble or the owner of the trademark.
  • Shall not contain content that could be construed as distasteful, offensive or controversial, and shall contain only content that is appropriate for all age groups.

By placing a link on your web site to the Site you agree to promptly remove such link at Trimble's request. For information on Trimble’s authorized logo and trademark use programs, you may contact webmaster@trimble.com.

U.S. Government Restricted Rights

Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in these Terms of Use and the applicable End User License Agreement or other applicable license agreement, and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14(ALT III), as applicable. Use of the Site or Materials by the Government constitutes acknowledgment of Trimble's and its licensor’s proprietary rights in them.

International

This Site is administered by Trimble from its offices or those of its affiliates at various locations within the United States of America. Trimble may also make use of an affiliate or one or more external service providers to host the Site. Consequently, data is collected, sent, processed and stored in the United States and may be collected, sent, processed and stored outside the United States. You acknowledge that in the event of conflict of privacy laws or practices in your jurisdiction and those in the domicile of the entity hosting the Site the law applicable in the domicile of the hosting entity will have precedence at all times.

Trimble makes no representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Materials are illegal is prohibited. You may not use or export or re-export the Materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this Site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and applicable United States federal law, without reference to "conflicts of laws" provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie exclusively in, or be transferred to, the courts of the County of Santa Clara and/or the Northern District of California; and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.

General Provisions

Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and Trimble with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Trimble with respect to use of this Site. You also may be subject to additional terms and conditions that may apply when you use Materials, content, software, or services whether provided by Trimble or third party providers to this Site. No change, modification, or waiver of these Terms of Use, will be binding on Trimble unless Trimble consents in writing. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by Trimble without restriction. Any rights not otherwise expressly granted by this these Terms of Use are reserved by Trimble or its suppliers. The failure of Trimble to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable by a court of competent jurisdiction that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Trimble, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after the claim or cause of action arose or be forever barred.

Official Language

The official language of these Terms of Use is English. For purposes of interpretation, or in the event of a conflict between English and versions of these Terms of Use in any other language, the English language version shall be controlling.

Contacting Trimble and the Terrain Navigator Division

Information on how to contact Trimble may be found at http://www.trimble.com/Corporate/Contacts.aspx. You may contact the Terrain Navigator division at info@mytopo.com. Any notice or other communication given by either party to the other regarding these Terms of Use will be deemed given and served when personally delivered, delivered by reputable international courier requiring signature for receipt, or five (5) business days after mailing (postage prepaid), addressed to the party at its notice address. Either party may change its notice address by written notice to the other. Buyer’s notice address shall be its address appearing on the accepted purchase order. TRIMBLE’s notice address shall be: Trimble Navigation Limited, Attn: General Counsel, 935 Stewart Drive, Sunnyvale, CA 94085, USA.

Digital Millennium Copyright Act

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Trimble’s DMCA administrator the written information specified below, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2).

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • Trimble's DMCA administrator for notice of claims of copyright infringement on the Site can be reached as follows:

    DMCA Administrator
    Legal Department
    Trimble Inc
    935 Stewart Drive
    Sunnyvale, CA 94085
    Fax: 408-481-7780
    DMCA@trimble.com