Terms and Conditions
Agreement between User and mappslab.org
Welcome to mappslab.org. The mappslab.org website (the "Site") is comprised of various web pages operated by MappsLab ("ML"). mappslab.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms and Conditions" or “Terms”). Your use of mappslab.org constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
mappslab.org is an Education & Community Engagement Site. MappsLab is an interactive mapping platform that allows users to enter media (text, photos, links, videos) for place-based learning, data science, closed-loop communication and collaboration. Access to MappsLab is intended to be accessed only by authorized users with a valid username and password or through a valid public URL. By using the Site, you agree to abide by these Terms and Conditions.
Privacy
Your use of mappslab.org is subject to ML's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting mappslab.org or sending emails to ML constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ML is not responsible for third party access to your account that results from theft or misappropriation of your account. ML and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.
Children Under Thirteen
ML collects personally identifiable information from children under the age of thirteen only with the consent of their parent or legal guardian. Sometimes this consent is obtained on our behalf via our school partners.
MappsLab allows but does not require entry of data about your students. You represent and warrant that you have the right to provide MappsLab with all the data you input, including any data you input regarding your child. Anonymous login and passwords are generated for student use.
MappsLab provides a platform for classroom collaboration. If students’ names are entered, this will be visible to all other students in the designated classroom. Through Place-Based learning and Civic Engagement exercises, the student may be asked to enter Directory Information including their name, home address, date and place of birth. Any data entered by the student will be visible within the collaborative classroom between students.
As your students use MappsLab, data will be generated about your students’ usage and performance. Data will also be generated regarding travel behaviors and neighborhood assessments, including, but not limited to personal travel behaviors between the student’s residence and school. Both the information you input and the data generated by your students’ usage will be referred to in these Terms and Conditions as “Community Data.”
By using the Site, you thereby grant MappsLab a worldwide, royalty-free perpetual license to use any Community Data you provide in de-identified format only for product development, research, closed -loop communication with policy makers for purposes related to neighborhood improvements and other purposes. You will not be entitled to any attribution or compensation in connection with such use.
Links to Third Party Sites/Third Party Services
mappslab.org may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ML and ML is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ML is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ML of the site or any association with its operators.
No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use mappslab.org strictly in accordance with these Terms and Conditions. As a condition of your use of the Site, you warrant to ML that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You also may not use the Site: (1) to post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; (2) for any illegal purpose; (3) to falsely state or otherwise misrepresent its identity; (4) upload, transmit, or otherwise initiate communications, which you do not have the right to disclose or make; (5) post, email, transit or otherwise make available content that violates patents, trademarks, trade secrets, copyrights or other proprietary information that you do not have a right to; (6) upload, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to disrupt the use of the Site or destroy or limit the functionality of the Site, any software, hardware, or telecommunication equipment or the equivalent; (7) manipulate the content of the Site or its identifiers or to disguise the origin of any communication; (8) to use any part of the Site to develop any software service or program including without limitation, training an artificial intelligence (AI) systems or machine learning program or model, or collecting, compiling, caching, and archiving the Site to include in data sets for any reason, including for direct or third party use in an AI application or system; (9) reverse engineer, disassemble or decompile the Site; (10) change, modify, or otherwise alter the Site; and (11) to interfere with or disrupt the Site or servers or networks connected to the Site.
Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ML or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ML content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ML and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ML or our licensors except as expressly authorized by these Terms.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Feedback and Suggestions
ML does not claim ownership of the materials you provide to mappslab.org (including feedback and suggestions) or post, upload, input or submit to any ML Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ML, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; ML will not publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ML is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ML's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated, and administered by ML from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ML Content accessed through mappslab.org in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless ML, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ML reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ML in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ML agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAPPSLAB AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MAPPSLAB AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MAPPSLAB AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BY USING MAPPSLAB SERVICES, YOU MAY FIND THAT ACTION CONDITIONS DIFFER FROM MAP RESULTS AND CONTENTS. IT IS YOUR RESPONSIBILITY TO EXERCISE INDEPENDENT JUDGMENT AND USE MAPPSLAB AT YOUR OWN RISK. YOU ARE RESPONSIBLE AT ALL TIMES FOR YOUR CONDUCT AND ITS CONSEQUENCES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAPPSLAB AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAPPSLAB OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
ML reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah, and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ML as a result of this agreement or use of the Site. ML's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ML's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ML with respect to such use. If any part of this agreement is 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.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and ML with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ML with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
ML reserves the right, in its sole discretion, to change the Terms under which mappslab.org is offered. The most current version of the Terms will supersede all previous versions. ML encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
ML welcomes your questions or comments regarding the Terms:
MappsLab
1215 5th Ave
Salt Lake City, Utah 84103
Email Address:
support@mappslab.org
Telephone number:
801-455-1456
Effective as of June 6, 2024