Last Updated: January 12, 2012
Copyright © 2012 MapQuest, Inc. (“MapQuest”). All rights reserved.
Legal Terms of Use
We offer you the services of MapQuest on the condition that you agree to the following terms:
Acceptance
The following legal terms and conditions govern your use of the maps, directions, information, materials and documents being made available to you (the “Materials”). BY SUBMITTING A QUERY OR BY USING THE MATERIALS, YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED HEREIN (THE “TERMS OF USE”). You are also signifying your agreement to the Supplemental Terms and Privacy Disclosures for the MapQuest Wireless Services, the Supplemental Terms and Privacy Disclosures for My Maps (if you register for My Maps), the Supplemental Terms for MapQuest Business Listings, the 3rd Party Notices and License terms disclosed below, and to resolve any disputes with us in Virginia.
Please review these terms carefully. If you do not agree to these Terms of Use please do not submit a query or use this website or the Materials.
We reserve the right, at our discretion, to update or revise these Terms of Use at any time. Please check the Terms of Use periodically for changes. Your continued use of the Materials following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Electronic Delivery Policy and Your Consent
By using the Materials, you consent to receive from MapQuest all communications, including notices, agreements, legally required disclosures or other information in connection with the Materials (collectively, “Notices”) electronically. MapQuest shall provide such electronic Notices by posting them on this website. You understand and agree that MapQuest is an online service and transacts with users like you in electronic form only. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the website and the Materials.
Privacy Policy
Click here to review MapQuest’s privacy policy.
Proprietary Rights
You acknowledge and agree that the Materials are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. For example, MapQuest owns a copyright in the selection, organization, arrangement and enhancement of the Materials, as well as in the Materials original to itself. Third parties whose Materials appear own the copyright in the Materials original to them. The look and feel of this website, including our color combinations, button shapes, and other graphical elements, are MapQuest trademarks. No portion of the Materials or the data contained in the Materials may be reproduced in whole or in part unless expressly authorized by MapQuest in writing.
The MapQuest name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of MapQuest or AOL Inc. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any MapQuest or third party trademarks or logos without the prior written consent of MapQuest or the applicable trademark owner.
License to and Limitations on Use of Maps, Directions, Cartographic Technology and Content Information
Provided you comply with these Terms of Use, MapQuest grants you a nonexclusive, non-transferable license to view and print the Materials solely for your own personal non-commercial use. You may share a map or directions with another individual for that individual’s personal non-commercial use using the email option on the webpage. You may not commercially exploit the Materials or the underlying data, including without limitation, you may not create derivative works of the Materials, use any data mining, robots, or similar data gathering and extraction tools on the Materials, frame any portion of the Materials, or reprint, copy, modify, translate, port, publish, sublicense, assign, transfer, sell, or otherwise distribute the Materials without the prior written consent of MapQuest. You shall not derive or attempt to derive the source code or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means. You shall not use the Materials to operate a service bureau or for any other use involving the processing of data of others. You shall use the Materials and this website for legal purposes only and shall not use them in any manner that violates the laws of any jurisdiction. You do not receive any, and MapQuest and its licensors retain all, ownership rights in the Materials. You may not alter or remove any copyright notice or proprietary legend contained in or on the Materials. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or other intellectual property right of MapQuest or any third party, except for the right of use license expressly set forth herein.
To the extent you are authorized to access, display or otherwise use any Materials outside of any MapQuest website, you may not use such Materials with other content or in a manner that:
Posting Content on MapQuest
You may only post information, text, graphics, photos, audio and video and other data (collectively, “Content”) on or through the services of MapQuest that you created or which you have been given permission to post by the owner. The Content may not violate the rights of others, applicable law, or these Terms of Use. Although you or the owner of the Content retain ownership of all right, title, and interest in content that you post on or through the services of MapQuest, MapQuest will own all right, title, and interest in any compilation, collective work or other derivative work created by MapQuest or an affiliate using or incorporating this Content. In addition, by posting content on or through the services of MapQuest, you grant MapQuest and its parent, affiliates, subsidiaries, assigns, agents and licensees a royalty free, irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, promote, syndicate and otherwise use this Content in any medium. You are solely responsible for the Content you upload or otherwise provide via the services of MapQuest. You are solely responsible for the consequences of sharing or publishing such Content with others and/or making such content available to publicly available areas of the services of MapQuest, including without limitation, disclosing your location to others. YOU ACKNOWLEDGE AND AGREE THAT MAPQUEST IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION THAT OCCURS BETWEEN YOU AND ANY PERSON OR THE CONFIDENTIALITY OF ANY CONTENT OR INTERACTION YOU HAVE WITH OTHERS. MAPQUEST SHALL NOT BE RESPONSIBLE FOR ANY CONTENT THAT YOU POST. THE ENTIRE RISK OF POSTING CONTENT FALLS ON YOU. You further agree that MapQuest may, without limitation and for no compensation to you, use in any manner all comments, suggestions, complaints and other feedback you provide relating to MapQuest or the Materials.
Procedure For Making Claims Of Copyright Infringement
If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, you may notify MapQuest. Click here for instructions.
No Warranties
THIS WEBSITE AND THE MATERIALS ARE PROVIDED WITH ALL FAULTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAPQUEST, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE WEBSITE AND MATERIALS ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE WEBSITE AND MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY MAPQUEST, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED AGENTS SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THIS WEBSITE AND THE MATERIALS IS SOLELY AT YOUR OWN RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Your use of the website and Materials is at YOUR OWN RISK and MapQuest is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the website and Materials.
Please note that the Materials may include technical inaccuracies or typographical errors. In addition, you may find that weather, construction projects, traffic conditions, or other events may cause road conditions to differ from the listed results. Please obey the rules of the road at all times and comply with all posted signage.
MapQuest has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the website or Materials, including, but not limited to, the software, content, hours of availability, equipment needed for access or use, or the availability of the website or Materials on any particular device or communications service. MapQuest has no obligation to provide you with notice of any such changes.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MAPQUEST, ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, LICENSORS, LICENSEES, AGENTS OR RESELLERS (COLLECTIVELY, THE “MAPQUEST GROUP”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, SAVINGS OR PROFITS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE MAPQUEST GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE MAPQUEST GROUP’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE MAPQUEST GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SITES LINKED TO OR FROM THIS WEBSITE.
Without limiting the foregoing, under no circumstances shall the MapQuest Group be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Indemnification
Upon a request by MapQuest, you agree to defend, indemnify, and hold harmless the MapQuest Group from all liabilities, claims, and expenses, including attorney’s fees that arise from your violation of these Terms of Use or your use or misuse of the Materials or this website. MapQuest reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MapQuest in asserting any available defenses.
Disclaimer of Endorsement
Reference herein or on the website to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by MapQuest. Product and service information are the sole responsibility of each individual vendor.
International Use
MapQuest makes no representation that the Materials are appropriate or available for use in locations outside the United States, and accessing it from territories where the Materials are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
Choice Of Law And Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. 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 the Materials and this website shall be initiated and maintained only in the state courts located in Loudoun County, Virginia (USA) or the federal court located in the Eastern District of Virginia (Alexandria Division) USA, and you further agree and submit to the exercise of personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action. Any action by you against MapQuest or the MapQuest Group hereunder shall be brought within one (1) year after the claim arose, or be barred.
Severability And Integration
These Terms of Use constitute the entire agreement between you and MapQuest with respect to the Materials and this website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination
MapQuest reserves the right, in its sole discretion, to terminate your access to the Materials or to all or part of this website, with or without notice.
For further information, questions or problem reports regarding the Materials or this website, contact info@mapquest.com. If you have a content concern with a MapQuest Embedded Map, please Contact Us.
In addition to the Privacy Policy found at http://about.aol.com/aolnetwork/aol_pp, MapQuest may offer a variety of mobile and wireless applications that allow you to get GPS and other geo-location technology assisted navigation instructions, directions and other location-based services (“MapQuest Wireless Services”). By using MapQuest Wireless Services, you agree that the following terms and disclosures apply to you in addition to the Terms of Use and Privacy Policy (with these additional terms and disclosures taking precedence over any conflicts among the documents).
Your Use of MapQuest Wireless Services
Disclosures about Location and Other Information.
When you use MapQuest Wireless Services, you provide MapQuest with certain information about you. Your MapQuest Wireless Services information will be collected and used in accordance with the AOL Network Privacy Policy, as supplemented by the following, additional terms. If you elect to use certain location based services (such as, GPS assisted navigation instruction), MapQuest must periodically receive your GPS location in order to provide such GPS services to you. By using MapQuest location based services, you authorize MapQuest to locate your GPS hardware and to record, compile and display your location. As part of the MapQuest Wireless Services, MapQuest may also collect and store certain information about our users, such as, users’ wireless mobile subscriber ISDN numbers and users’ network access identifier information. This information will be used to provide you with the MapQuest Wireless Services. MapQuest may use third party providers to help operate the MapQuest Wireless Services and such providers may use the information in accordance with the AOL Network Privacy Policy. Certain applications of MapQuest Wireless Services may allow you to adjust your privacy settings; please review any information or FAQ area that accompanies such application for more details and instructions.
MapQuest may offer you functionality in which you may store your log-in credentials on your mobile device so that you can be automatically logged in each time you access MapQuest Wireless Services. You may deactivate the automatic log in function (if applicable) by using the log-off feature of MapQuest Wireless Services, as further described at wireless.mapquest.com. You understand that if someone else obtains access to your mobile device (such as, by theft), the automatic log-in feature will enable such person to have access to your MapQuest Wireless Services account. Therefore, in the event your mobile device is lost or stolen, you agree to assume all responsibility to contact your wireless carrier immediately to prevent the unauthorized use of your mobile device. Also, please go to wireless.mapquest.com for additional information on what steps you can take to prevent the unauthorized access to your MapQuest Wireless Services account.
Your Responsibilities.
You are responsible for procuring and maintaining at your own expense the necessary GPS and wireless devices for use with MapQuest Wireless Services. You agree that you will use MapQuest Wireless Services solely for your own internal business or personal use and that you will not resell or otherwise attempt to transfer MapQuest Wireless Services to another person or entity. You may not use MapQuest Wireless Services for any illegal, unauthorized, unintended, unsafe, hazardous or unlawful purpose or in any manner that is inconsistent with these terms of service. You agree to assume full responsibility to drive safely, observe all traffic rules and use your own personal judgment while driving. You agree that you will not enter or change information or otherwise interact with MapQuest Wireless Services while driving. You agree that you will use your own judgment in whether or not to follow any route suggestions by MapQuest Wireless Services if you believe that the suggested route instructs you to perform an unsafe or illegal maneuver or routes you to an area that you consider unsafe.
Wireless Costs
You acknowledge that when you use MapQuest Wireless Services, your wireless carrier may charge you standard fees for messaging and other wireless access and that you, and not MapQuest, will be responsible for such charges. You agree to check with your carrier to verify whether there are any such fees that may apply to you. If you subscribe to any messaging services from MapQuest that use short messaging service features on your wireless application, you understand and agree that your subscription to such messaging services will continue until you take affirmative steps to discontinue the subscription. MapQuest will provide you with instruction on how you can discontinue any text messaging subscription at wireless.mapquest.com.
Supplemental Disclaimers about MapQuest Wireless Services.
You understand and agree that MapQuest Wireless Services may be supported by advertising, which may accompany the MapQuest Wireless Services delivered to you. Certain advertising may be customized based on your location.
MapQuest shall not be responsible for any misuse of MapQuest Wireless Services while driving. MapQuest cannot guarantee the security of MapQuest Wireless Services or the transmission of data or information to and from the MapQuest Wireless Service. MapQuest does not guarantee the accuracy or completeness of any information provided through MapQuest Wireless Services. You understand and agree that not all information in the map database used for MapQuest Wireless Services may be accurate due to situations such as road closures, construction or weather.
MapQuest Wireless Services may not be available at all geographic locations and at all times. Temporary interruptions of the MapQuest Wireless Services may occur from time to time as normal events. YOU ASSUME ALL RISK ARISING OUT OF YOUR USE OF MAPQUEST WIRELESS SERVICES. IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH IN THESE TERMS OF SERVICE, IN NO EVENT WILL MAPQUEST, ITS LICENSORS, SUPPLIERS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION PROVIDED BY MAPQUEST WIRELESS SERVICES.
The following additional terms apply to your use of the maps, information, materials, services and other features made available to you through My Maps and MapQuest vibe (aka mqVibe) (collectively “My Maps” and “MapQuest vibe ”). YOUR REGISTRATION OR USE OF MY PLACES SIGNIFIES THAT YOU AGREE ELECTRONICALLY TO ABIDE BY THESE SUPPLEMENTAL TERMS, in addition to the Terms of Use.
Please review these terms carefully. If you do not agree to these Terms, please do not use My Maps or MapQuest vibe.
About
My Maps and MapQuest vibe are offered for your convenience and for entertainment and informational purposes only. Your use of MyMaps and MapQuest vibe (including, without limitation, any reliance by you on any results, information or other data provided through these products) is at your sole risk.
Registration
You may register with us to access these products from computers and certain mobile devices. In order to register, you must be legally capable to enter into contracts, you must provide true and accurate registration information and you must keep this information current. We may require that you use or obtain a user ID authorized by us (such as an AOL screen name or Facebook registration) to create your account and to authenticate your access (“User ID”). You agree to abide by any separate terms and policies that will apply to your registration and use of such User ID. We may deny any registration in our sole discretion.
Your Responsibilities
Your representations and license to us
You represent and warrant to us and to other users of My Maps or MapQuest vibe that you own or have the appropriate rights to post such content. In order for us to provide services to you, you give us a permanent right to display, modify, use, perform, transmit, distribute, store and copy any content you post or share on My Maps or on MapQuest vibe.
No duty to monitor or retain data
We are not liable for content provided by you or others. We have no duty to monitor or pre-screen content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. My Maps and MapQuest vibe each includes limited online storage of content you submit as a convenience to you; however, please take note that we are not and will not be responsible for lost or missing data or content you submit.
MAPQUEST ADDITIONAL DISCLAIMER; LIMITATION OF LIABILITY.
We incorporate fully by reference the Disclaimer of Warranties and Limitation of Liability provisions of the MapQuest Legal Terms of Use. MY PLACES AND MAPQUEST VIBE ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
Supplemental Terms for MapQuest Business Listings
The following additional terms (“Supplemental Terms”) apply to your use of the maps, information, materials, services and other features made available to you through MapQuest Business Listings (collectively “Business Listings”). YOUR SUBMISSION OF DATA TO BUSINESS LISTINGS SIGNIFIES THAT YOU AGREE ELECTRONICALLY TO ABIDE BY THESE SUPPLEMENTAL TERMS, in addition to the Terms of Use.
Please review these terms carefully. If you do not agree to these Supplemental Terms, please do not submit data to or use Business Listings.
You may only post graphics, photos, and audio (collectively, “Content”) using Business Listings that you created or which you have been given permission to post by the owner. The Content may not violate the rights of others, applicable law, MapQuest guidelines or these Terms of Use. Although you or the owner of the Content retain ownership of all right, title, and interest in Content that you submit using Business Listings], MapQuest will own all right, title, and interest in any compilation, collective work or other derivative work created by MapQuest or an agent or affiliate using or incorporating this Content. In addition, by submitting Content through Business Listings, you grant MapQuest and its parent, affiliates, subsidiaries, assigns, agents and licensees (“MapQuest Properties”) a royalty free, irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, promote, syndicate and otherwise use this Content in any medium. You are solely responsible for the Content you provide using Business Listings.
You further grant to MapQuest Properties a royalty free, irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, promote, syndicate and otherwise use any data or information submitted by You (“Data”) using Business Listings. You agree this license includes a right for MapQuest Properties to make the Data available to other companies, organizations or individuals with whom it has relationships.
MapQuest Properties are not liable for any Data or Content you provide. MapQuest is not obligated to use your Data or Content on any or all of the MapQuest Properties. MapQuest has no duty to monitor or screen content and we reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. We are not and will not be responsible for any lost or missing Data or Content You submit. MapQuest Properties are not obligated to compensate You or the owner of any Content for the use of Content or Data submitted using Business Listings.
We incorporate fully by reference the Disclaimer of Warranties and Limitation of Liability provisions of the MapQuest Legal Terms of Use. You also agree to defend, indemnify, and hold harmless MapQuest Properties and their officers, directors, agents, affiliates, distributors, and employees from any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, in connection with, arising out of or resulting from a third party’s claim arising out of or in any way related to the Data or Content provided using Business Listings.
Click here for MapQuest’s 3rd Party Notices and Licenses.
