Rand McNally Classroom Terms of Use
1. SERVICE FOR SUBSCRIBERS
The service that Rand McNally shall provide to you during the term of yoursubscription shall include certain Rand McNally Classroom services related togeography and social studies education provided and administered by RandMcNally, and these benefits or features may change at any time. This service isprovided for educational purposes only. All other terms stated herein governinguse of this website are applicable to the Rand McNally Classroom service.
2. SUBSCRIPTION
Rand McNally offers fee-based subscriptions to Rand McNally Classroom toqualified educational institutions and libraries for use by the students andstaff of those institutions. The user name and password may not be posted onany publicly available internet site and may only be provided to theinstitution that subscribes to Rand McNally Classroom, may only be used by thestudents and staff of such subscribing institution and may not be provided toany other institution or student, staff or individual who is not affiliatedwith the subscribing institution.
3. SUBSCRIPTION FEE
The user of Rand McNally Classroom requires a minimum 12-month subscription fee,which is based on the size of the subscribing institution as well as otherfactors. Please contact us to find out more about pricing. Rand McNally, at itsdiscretion, may offer free trials of Rand McNally Classroom. In such event,users of a free trial must adhere to all of the terms of use set forth herein.
4. RENEWALS
Subscriptions to Rand McNally Classroom will not be automatically renewed.Subscribing institutions must submit payment or purchase order in advance tocontinue the subscription each year or access will be terminated.
5. LICENSE
Subscribers to Rand McNally Classroom are granted a limited license to use allcontent provided in Rand McNally Classroom only for educational purposes byauthorized users of the subscribing institution. This use includes downloadingcontent, printing content, and duplicating this content for use in schooldocuments, presentations, student reports and other school related projects.The display of content may be manipulated for instructional or educationalpurposes, but all Rand McNally trademarks and copyrights must be included. RandMcNally trademarks must always remain attached. You may not otherwisereproduce, copy, modify, decompile, disassemble or reverse engineer anymaterials from this Web site, and may not republish, upload, post, transmit,loan, rent, transfer, sell or otherwise distribute any materials from this Website in any form, for any purpose. The use of any such materials on any otherWeb site or network computer environment is also prohibited. If you use thematerials other than as permitted in this license, you will be violating RandMcNally's copyright and other proprietary rights.
6. PROHIBITED USES
Content obtained from the user of Rand McNally Classroom may not be posted orused on any personal, school or otherwise distributed or provided to any personwho is not a member of the subscribing institution. The content of any maps maynot be modified, altered or changed in any way.
RAND MCNALLY ONLINE TERMS OF USE
Rand McNally provides this web site as a service to you subject to the followingTerms of Use ("TOU"), which may be updated by us from time to time withoutnotice to you. By using this site, you agree to these terms.
Rand McNally & Company and its affiliates (herein collectively referred to as"Rand McNally," "we," "us," or "our," except where noted), operates and ownsthis Web site. We may make changes to this Web site or these guidelines at anytime without notice.
The following is the Agreement made between you and Rand McNally:
1. DESCRIPTION OF SERVICE
Rand McNally provides users through its web site(s) access to various resources,including various navigation tools, an online store, company and productinformation, etc., which may be accessed through various media or devices nowknown or hereafter developed (the "Service"). You also understand and agreethat the Service may include advertisements and that these advertisements arenecessary for Rand McNally to provide the Service. You also understand andagree that the Service may include certain communications to registered usersfrom Rand McNally, such as service announcements and administrative messagesand that these communications are considered part of Rand McNally's Service andyou will not be able to opt out of receiving them. Unless explicitly statedotherwise, any new features that augment or enhance the current Service, shallbe subject to the TOU. You understand and agree that the Service is provided"AS-IS" and that Rand McNally assumes no responsibility for the timeliness,deletion, mis-delivery or failure to store any user communications orpersonalization settings. You are responsible for obtaining access to theService, and that access may involve third-party fees (such as Internet serviceprovider or airtime charges). You are responsible for those fees, includingthose fees associated with the display or delivery of advertisements. Inaddition, you must provide and are responsible for all equipment necessary toaccess the Service.
2. YOUR ACCOUNT, PASSWORD, AND SECURITY
In consideration of your use of the Service, you represent that you are of legalage to form a binding contract and are not a person barred from receivingservices under the laws of the United States or other applicable jurisdiction.If you choose to create an account with us, you also agree to provide true,accurate, current and complete information about yourself as promoted by theService's registration form. As part of the online registration process, youwill select a password. You are solely responsible for maintaining theconfidentiality of any password you use to access the online services, andagree that Rand McNally will have no obligations with regard thereto.
3. RESTRICTIONS ON USE
a) You may print out any of the materials from this Web site for your personal,non-commercial use only, and not for re-sale, provided you keep intact allcopyright and other proprietary notices. Accordingly, you may copy thisinformation only as necessary for your personal use to (i) view it on yourscreen, and (ii) save a single copy on your hard drive or disk, provided thatyou do not remove any copyright notices that appear and do not modify theinformation in any way, and/or (iii) print a copy for personal use. You may nototherwise reproduce, copy, modify, decompile, disassemble or reverse engineerany materials from this Web site, and may not republish, upload, post,transmit, loan, rent, transfer, sell or otherwise distribute any materials fromthis Web site in any form, for any purpose. The use of any such materials onany other Web site or network computer environment is also prohibited. If youuse the materials other than as permitted in this license, you will beviolating Rand McNally's copyright and other proprietary rights.
Without limiting the foregoing, unless you are specifically authorized orlicensed by Rand McNally, you may not use information contained in this Website with any products, systems, or applications installed or otherwiseconnected to or in communication with vehicles, capable of vehicle navigation,positioning, dispatch, real time route guidance, fleet management or similarapplications. You also may not use this information with or in communicationwith any mobile or wireless-connected electronic or computer devices, includingwithout limitation cellular phones, palmtop and handheld computers, pagers, andpersonal digital assistants or PDAs.
b) Linking directly into Rand McNally's maps and directions results pages ("RMCM&D") - passing address or locations parameters to return a result -- isrestricted. Only private individuals, non-profit organizations, and smallbusinesses are permitted to link their Web site to RMC M&D. No more than 5,000RMC M&D may be viewed annually through links to your Web site or Web sites.Under no circumstances may you resell RMC M&D, nor may you provide RMC M&D as aservice bureau or as a time share provider. RMC M&D may not be used for orprovided with a real time route guidance or dispatch operation. You may not useRMC M&D in connection with any devices or systems which include geographicinformation systems or geographic data that enable occasional or continuousposition determination (for example, GPS). While linking to RMC M&D, you maynot (i) engage in deceptive, misleading, unethical or immoral practices thatare or might be detrimental to Rand McNally or any other party; (ii) make anyfalse, derogative or misleading representation with regard to Rand McNally orits products or services; and (iii) engage in illegal or deceptive tradepractices with respect to RMC M&D. Rand McNally does not provide technicalsupport to users who link their Web sites to Rand McNally Maps and Directionson randmcnally.com. If your organization needs to provide RMC M&D without someor all of these restrictions, please contact us at licensing@randmcnally.com.
c) randmcnally.com contains links to Web sites not under our control. Althoughwe try to choose sites that will be helpful to you, we are not responsible forthe quality, safety, completeness, accuracy, or nature of the content of suchsites and we cannot guarantee that such content may change without ourknowledge. We provide these links simply as a convenience to you and thisconvenience should not be considered an endorsement by us of these Web sites orthe companies who own them
4. EMAIL SERVICE
a) As part of the Service, Rand McNally provides services that allow users togenerate email messages (that may include links to maps, directions, or othersite services or information) from our site. Other than as otherwise defined inthe TOU, Rand McNally is not affiliated with the sender or recipient of any ofthese email messages. When using these email message services, you specificallyagree that Rand McNally is not responsible or liable to you or anyone else forany unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar,obscene, sexually explicit or otherwise objectionable conduct or speech of anyother party on or through the Web site, or for any infringement or violation ofanother's rights by any other party on the Web site, including but not limitedto intellectual property rights, rights of publicity, or rights of privacy.Some jurisdictions do not allow the limitation or exclusion of liability forincidental or consequential damages so some of the above limitations may notapply to you.
b) Rand McNally reserves the right, but does not assume the responsibility tomonitor, filter, or review conduct by users of the Web site.
c) By using the Service you agree not to: 1) Transmit through the Web site anyunlawful, harassing, defamatory, abusive, threatening, harmful, vulgar,obscene, sexually explicit, or otherwise objectionable material of any kind ornature; 2) Invade another's privacy or violate rights of publicity orintellectual property rights (including but not limited to copyright, trademarkand patent rights) while using the Web site; 3) Transmit any material thatencourages conduct that could constitute a criminal offense, give rise to civilliability or otherwise violate any applicable local, state, national orinternational law or regulation; 4) Defame, abuse, harass, stalk, threaten orotherwise violate the legal rights (such as rights of privacy and publicity) ofothers; 5) Publish, distribute or disseminate any inappropriate, profane,defamatory, infringing, obscene, indecent or unlawful material or information.
d) User will not use the Service for chain letters, junk mail, "Spamming" or anyuse of distribution lists to any person who has not given specific permissionto be included in such a process.
e) You are solely responsible for any text, ("Content") which is transmitted byyou through the Web site, including but not limited to the contents of youremail communications through the Web site.
f) Rand McNally reserves the right to disable any User's ability to transmitinformation using the Web site if User violates any of the above terms.
5. COPYRIGHT AND LICENSES
This Web site is protected by copyright, and is further subject to the followingterms and conditions which are agreed to by you, on the one hand, and RandMcNally and its licensors (including their licensors and suppliers) on theother hand.
© 2008 Rand McNally. All rights reserved.
Portions © 2008 NAVTEQ. All Rights reserved. The Data for areas of Canadaincludes information taken with permission from Canadian authorities,including: © Her Majesty the Queen in Right of Canada, © Queen's Printer forOntario, © Canada Post Corporation. GeoBase©.
Portions © 2008 Tele Atlas North America, Inc. All rights reserved. Thismaterial is proprietary and the subject of copyright protection and otherintellectual property rights owned by or licensed to Tele Atlas North America,Inc. The use of this material is subject to the terms of a license agreement.You will be held liable for any unauthorized copying or disclosure of thismaterial.
Portions © 2008 DMTI Spatial Inc. DMTI SpatialT, is a trademark of DMTI SpatialInc. All rights reserved.
This data includes information taken with permission from Canadian Informationon construction projects in Quèbec is developed, by permission, from datasupplied by the Ministère des Transports du Quèbec.
6. SUBMISSION OF INTELLECTUAL PROPERTY
Rand McNally values user and customer feedback on our products and services, butwe request that comments on those products and services be specific and notinclude any creative ideas, suggestions, or materials. Rand McNally does notaccept or consider creative ideas, suggestions, or materials other than thosewe have specifically requested. Please do not submit any original creativematerials, such as new product or service ideas, or manuscripts. Any suchmaterials submitted without a specific request from us will become theexclusive property of Rand McNally and its affiliates and we will have noobligation either to compensate you or to keep such materials confidential.
7. LIABILITY AND DISCLAIMERS
NEITHER RAND MCNALLY NOR ANY OF ITS AFFILIATES OR LICENSORS WARRANT THAT THISSERVICE, THE SERVER THAT MAKES IT AVAILABLE, OR THE FUNCTIONS CONTAINED IN THEMATERIAL OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BECORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS.
The contents of this Web site are provided to you "as is," and "as available,"and you agree to use it at your own risk. RAND MCNALLY and each of itsaffiliates and licensors (and their licensors and suppliers, including HerMajesty the Queen in Right of Canada) make no guarantees, representations orwarranties 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, useor results to be obtained from this information.
RAND MCNALLY AND EACH OF ITS AFFILIATES AND LICENSORS (INCLUDING THEIR LICENSORSAND SUPPLIERS, INCLUDING HER MAJESTY THE QUEEN IN RIGHT OF CANADA AND THEMINISTER OF NATURAL RESOURCES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES ANDAGENTS AND THIRD PARTY SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED,OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ORNON-INFRINGEMENT. Some States, Territories and Countries do not allow certainwarranty exclusions, so to that extent the above exclusion may not apply toyou.
RAND MCNALLY AND EACH OF ITS AFFILIATES AND LICENSORS (INCLUDING THEIR LICENSORSAND SUPPLIERS, INCLUDING HER MAJESTY THE QUEEN IN RIGHT OF CANADA AND THEMINISTER OF NATURAL RESOURCES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES ANDAGENTS AND THIRD PARTY SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANYCLAIM, 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, PERFOMANCE OR POSSESSION OF THIS WEB SITE OR ITSCONTENTS OR THE ROAD EXPLORERS SERVICE; OR FOR ANY LOSS OF PROFIT, REVENUE,CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL ORCONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR ITS CONTENTS, ANY DEFECT IN THIS WEB SITE OR ITS CONTENTS, OR THEBREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORTOR BASED ON A WARRANTY, EVEN IF RAND MCNALLY OR ITS LICENSORS HAVE BEEN ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries donot allow certain liability exclusions or damages limitations, so to thatextent the above may not apply to you.
IF THIS EXCLUSION OF WARRANTY OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE ORUNENFORCEABLE FOR ANY REASON, THEN RAND MCNALLYAND ITS AFFILIATES' MAXIMUMLIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT OF ANYSUBSCRIPTION OR MEMBERSHIP FEE WHICH YOU MAY HAVE PAID FOR THE SERVICE.
Reference to any products, services, processes, hypertext links to third partiesor other information by trade name, trademark, manufacturer, supplier orotherwise does not necessarily constitute or imply its endorsement, sponsorshipor recommendation by Rand McNally or each of their respective licensors.Product and service information are the sole responsibility of each individualvendor. The NAVTEQ name and logo, the NAVTEQ and NAVTEQ ON BOARD trademarks andlogos, and other trademarks and trade names owned by NAVTEQ may not be used inany commercial manner without the prior written consent of NAVTEQ. The RANDMCNALLY and RANDMCNALLY.COM names, logos and trademarks, and other trademarksand trade names owned by Rand McNally may not be used in any commercial mannerwithout the prior written consent of Rand McNally. The TeleAtlas North America,Inc. ("TeleAtlas") name, logo and trademarks, and other trademarks and tradenames owned by TeleAtlas may not be used in any commercial manner without theprior written consent of TeleAtlas.
Rand McNally Road Explorers, TripMaker, StreetFinder, Quick Reference Atlas,IntelliRoute and MileMaker are registered trademarks of Rand McNally & Company.My School & Neighborhood is a trademark of Rand McNally & Company. All otherproduct and service names are trademarks of their respective owners.
Rand McNally shall have no liability for any delay in delivery of any servicesto you for any cause beyond Rand McNally's reasonable control, including delayof third party services/benefit providers or delay due to union disputes orfactory production schedules.
8. EXPORT CONTROL
You agree not to export from anywhere any part of the information provided toyou or any direct product thereof except in compliance with, and with alllicenses and approvals required under, applicable export laws, rules andregulations.
9. INDEMNITY
You agree to indemnify, defend and hold Rand McNally and each of its affiliatesand licensors (including suppliers, assignees, subsidiaries, affiliatedcompanies, and the respective officers, directors, employees, shareholders,agents and representatives of each of them, including Her Majesty the Queen inRight of Canada and the Minister) free and harmless from and against anyliability, loss, injury (including injuries resulting in death), demand,action, cost, expense, or claim of any kind or character, including but notlimited to attorney's fees, arising out of or in connection with any use orpossession by you of this information.
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws ofthe State of Illinois, without giving effect to any principles of conflicts oflaw. You agree to submit to the jurisdiction of Illinois for any and alldisputes, claims and actions arising from or in connection with any materialson this Web site. If any provision of this Agreement is held to be unlawful,illegal or unenforceable, then that provision shall be deemed severable fromthis Agreement and shall not affect the validity and enforceability of anyremaining provisions. This Agreement is the entire agreement between you andRand McNally and its licensors including their licensors and suppliers relatingto the subject matter herein. It may not be modified except in writing, signedby all applicable parties and supersedes in their entirety any and all writtenor oral agreements previously existing between us with respect to such subjectmatter.
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