Terms of Service
As of 19 June 2014
This Agreement sets forth the terms and conditions that apply to your access and use of the Internet website located at www.native.io, and all derivative domains and subdomains therein, and all printed materials derived from that website (hereinafter called the 'Site'), owned and operated by First Mile Geo Inc, a Delaware corporation. By using First Mile Geo you agree to be bound by the terms and conditions of this Agreement and First Mile Geo's Privacy and Security Policy, as they may be amended from time to time in the future (see 'Modifications' below).
1. Accepting the Terms
By using the information, tools, software, features, and functionality including content, updates, printed materials, and new releases on the Site, you agree to be bound by this Agreement, whether you are a 'Visitor' (which means that you simply browse the Site) or you are a 'Member' (which means that you have registered with the Site). The term 'you' or 'User' refers to a Visitor or a Member. The term 'we' refers to First Mile Geo. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with First Mile Geo.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you are encouraged to print or save a local copy of this Agreement for you records.
2. Amendment of Terms
First Mile Geo reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. It shall, at all times, remain the responsibility of users to review the Terms of Service on a regular basis. Continued use of the Site by you following any such modification shall constitute your acceptance of the terms and conditions of the Terms of Service as modified.
For information about First Mile Geo's data protection practices, please read the First Mile Geo Privacy and Security Policy which is hereby incorporated into this Agreement. This policy explains how First mile Geo treats your personal information when you access First Mile Geo and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
As a condition of your use of the Services, you warrant to First mile Geo that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
5. Acceptable Use
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services site to: (i) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (ii) disseminate, store, or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (ii) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communications; (iv) export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions; (v) interfere, disrupt, or attempt to gain unauthorized access to other accounts or any other computer network; (v) interfere, disrupt, or attempt to gain unauthorized access to other accounts or any other computer network; (vi) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy, or monitor, First Mile Geo or any part of First Mile Geo, without First mile Geo's express written consent, which may be withheld at First mile Geo's sold discretion; (vii) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligence agents) to navigate or search First Mile Geo, other than the search engines and search agents available through the Service and other than generally available third-party web browsers such at Google Chrome, Firefox, or Microsoft Explorer; (viii) disseminate, store, or transmit viruses, Trojan horses, or any other contaminating, destructive, or malicious code or program; (ix) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the First Mile Geo except that which has been licensed and released through an open source license by First mile Geo or any other party; or (x) engage in any other activity deemed by First mile Geo to be in conflict with the spirit or intent of these Terms.
You agree to indemnify and hold harmless First mile Geo and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Services, your use of the Services, your violation of these Terms, or your violation of any rights of another.
7. First Mile Geo License
First mile Geo grants you permission to use the Site, including its services and content, as set forth in these Terms. All materials displayed or performed on the site, including but not limited to text, graphics, maps, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively 'Content'), (other than Content posted by a Visitor or Member ('User Content') and Content from the collection of third party provided maps ('Third Party Maps') are the property of First Mile Geo and/or third parties and are protected by United States and international copyright laws.
8. Content Ownership
For information about First mile Geo's data protection practices, please read the First Mile Geo Privacy and Security Policy which is hereby incorporated into this Agreement. This policy explains how First Mile Geo treats your personal information when you access First Mile Geo and use the Service. The policy may be updated from time to time at the sole discretion of First mile Geo. Changed will be effective upon posting to the Site.
9. Charges & Payment
First Mile Geo reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. First mile Geo reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
First Mile Geo further reserves the right to place your billing information on file and initiate an automatic payment plan for renewal of Services. All sales made through automatic renewal of Services shall be regarded as final and non-refundable.
First Mile Geo may reserve the right to offer free services or trial programs at its sole discretion and may choose to change it plans to require payment for service. At such a time, Members who choose to continue the use of certain designated features, or new Members who choose to join the Service, will be asked to execute a new legal subscription agreement stipulating any modifications to these Terms and associated fees for the Service. Users unable or unwilling to execute such an agreement may face Termination of their accounts. You acknowledge and agree that if First Mile Geo disables access to your account, you may be prevented from accessing the Services, your account details, or any data or other content which is contained in your account. NOTWITHSTANDING SECTION 15 (DISCLAIMER OF REPRESENTATIONS AND WARRANTIES) ALL SERVICES ARE PROVIDED 'AS-IS' WITHOUT ANY WARRANTY. ALL SALES ARE CONSIDERED FINAL AND ANY FEES PAID HERUNDER ARE NON-REFUNDBLE.
10. Intellectual Property Rights
The contents of First Mile Geo, including its 'look and feel' (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark, and other laws. The contents of First Mile Geo belong or are licensed to First Mile Geo or its software or content suppliers. First mile Geo grants you the right to view and use First Mile Geo subject to these terms. You may download or print a copy of information provided on First Mile Geo for your personal, internal, and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from First Mile Geo in whole or in part for any other purpose is expressly prohibited without the prior written consent of First mile Geo.
As between First mile Geo and You, You exclusively own all rights, title, and interest in and to all of your content. By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to First mile Geo through the Service, you are licensing that content to First mile Geo for the purpose of providing the Service. First mile Geo may use and store the content. By submitting this content to First mile Geo, you represent that you are entitled to submit it to First mile Geo for use for this purpose, without any obligation by First mile Geo to pay any fees or other limitations.
11. Limitation of Liability
First mile Geo shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from your access to First Mile Geo. Your use of the service or this agreement, even if First mile Geo has been advised of the possibility of such damages, notwithstanding anything to the contrary of this agreement, First mile Geo's liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to $500 (five hundred United States dollars).
12. Recommendations, Suggestions, & Ideas
First mile Geo shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Site any suggestions, enhancement requests, recommendations, ideas, or other feedback provided by you or any other user, relating to the operation of the Site.
13. Account Cancellation or Suspension
First Mile Geo may cancel or suspend your access to the Service at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing-up your data that you use with the service.
You may terminate the service at any time by contact First Mile Geo. As soon as you cancel the service your right to use it stops immediately. You may not have access to data that you stored on the service after you terminate the service. You are responsible for backing up your data that you use with the service.
14. Social Media Sites
First Mile Geo may provide experiences on or integrations with social media platforms including by not limited to Facebook, Twitter, and LinkedIn that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Service and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
15. Fair Usage Policy
First Mile Geo wants all users to get the best service they can at the most affordable price. This ‘Fair Usage Policy (“FUP”) is incorporated into the Terms of Service in order to prevent fraud and abuse of our subscriptions by a small number of users in order to protect the site and the Services offered to all users. Subject to this FUP, First Mile Geo’s subscriptions permit unlimited use of certain features. Many of these features entail costs or storage space, or rely upon third party applications, including but not limited to email distributions, notifications, SMS messaging, and other features offered through the Service. First Mile Geo reserves the right to regulate the appropriate and legitimate use of the Services (“Legitimate Use”). One example of a practice that would not be considered Legitimate Use may include the gratuitous, large-scale publishing or distribution of content via SMS or email, except as authorized in a publishing subscription plan.
Other practices may be relevant in determining Legitimate Use and First Mile Geo reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its termination. First Mile Geo may at its option, terminate its relationship with any use, throttle specific features being abused, or may suspend a user’s subscription immediately if it determines that user is using the Services contrary to this FUP. Where reasonable, First Mile Geo will provide you with notice of improper usage before suspension or termination of features or your subscription and, if appropriate, First Mile Geo may offer you an alternative subscription alternative.
16. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH FIRST MILE GEO OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN 'AS-IS' AND 'AS AVAILABLE' BASIS. FIRST MILE GEO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF FIRST MILE GEO OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
FIRST MILE GEO MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON FIRST MILE GEO OR OF THE SERVICE (WHETHER OR NOT SPONSORED) AND EXPRESSLY DISLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FIRST MILE GEO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
16. Governing Law and Forum for Disputes
This Agreement, and your relationship with First Mile Geo under this Agreement, shall be governed by the laws of the State of Virginia without regard to its conflict or choice of laws provisions. Any dispute with First Mile Geo, or its officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims courts of the State of Delaware, except with respect to imminent harm requiring temporary or preliminary injunctive release in which case First Mile Geo may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, First Mile Geo is able to offer the Service at the terms designated without charge to you, and that your assent to this provision is an indispensible consideration to this Agreement.
These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any third party sites referred to on or by the site or otherwise by third parties other than First Mile Geo and received by you through or advertised on First Mile Geo or received by you through any third party sites.
You also acknowledge that any cause of action arising out of these terms or related to First Mile Geo must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
You further acknowledge and agree that, with respect to any dispute with First Mile Geo, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Service of this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INVOLVING SUCH DISPUTE.