Whitestar Website Agreement
TO ALL USERS (“USERS”) OF THE LOTS, TRACTS, AND QUARTER QUARTERS SERVICE (“SERVICE”), OFFERED BY THE WHITESTAR CORPORATION, LAKEWOOD, COLORADO (“WHITESTAR”):
Please review the following legal agreement (this “Agreement”) carefully. This Agreement, including any amendments, governs your access to and use of the Service now and in the future. The entire Service, including the data and other content available by means of the Service (“Data”), are Copyright 2006-2015, The WhiteStar Corporation, 777 South Wadsworth Blvd., Suite 4-250, Lakewood, CO 80226. All rights reserved.
Art. 1 Grant of Rights WhiteStar grants User a nonexclusive license to use the Service (the “License”), subject to all the provisions of this Agreement, including the limitations, conditions and restrictions stated in Article 2. This Agreement and the License may be terminated by WhiteStar at any time, for convenience, without notice.
Art. 2 Restrictions User shall not do any of the following at any time: rebrand or “white-label” any aspect of the Service or Data; re-sell or re-offer the Service or Data to other persons; copy or distribute copies of any Data; copy, replicate, frame, or mirror any aspect of the Service, in whole or in part; download Data in bulk by any method under any circumstances; prohibited activities include screen-scraping, spidering, and database scraping; use the Service or any Data in violation of applicable laws and regulations; use the Service or the Data to build a competitive product or service; reverse-engineer or decompile the Service or its underlying software. The License may not be transferred, assigned, or sublicensed in whole or in part, and any attempt to do so is void and is a breach of this Agreement. The License will be suspended automatically if User is not in compliance with this Agreement.
Art. 3 Intellectual Property Rights WhiteStar owns all Intellectual Property, as defined below, arising in connection with, or otherwise relating to, the Service and Data. The Service and the Data (a) constitute copyrightable works of authorship; (b) are owned by WhiteStar or its suppliers; and (c) are protected under the copyright laws of the United States and Canada. WhiteStar grants only nonexclusive licenses in, and never sells, its Intellectual Property.“Intellectual Property” means copyrights, trademarks, trademark applications, trade names, moral rights, trade secrets, patents, patent applications, inventions, and know-how. Any rights not expressly granted herein are reserved to WhiteStar
Art. 4 Warranty Disclaimers. THE SERVICE AND DATA ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WHITESTAR MAKES NO WARRANTY OR PROMISE REGARDING THE AVAILABILITY OR CONTINUITY OF SERVICE. WHITESTAR DISCLAIMS ALL IMPLIED WARRANTIES REGARDING SERVICE AND DATA, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WHITESTAR MAKES NO WARRANTIES WHATSOEVER CONCERNING ANY PRODUCT, DATA OR SERVICE PROVIDED OR OFFERED IN CONJUNCTION WITH THE SERVICE OR DATA.
Art. 5 Limitation of Liability IN NO EVENT WILL WHITESTAR’S TOTAL LIABILITY TO ANY USER EXCEED $5,000. IN NO EVENT WILL WHITESTAR HAVE ANY LIABILITY FOR ANY LOST PROFITS, LOST REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER THE ACTION OR CLAIM IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO CLAIM OR SUIT RELATING TO THE SERVICE OR THE DATA MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
Art. 6 Digital Millennium Copyright Act. WhiteStar shall respond to notices of alleged copyright infringement (a/k/a “takedown notices”) under the Digital Millennium Copyright Act. WhiteStar’s designated agent for notice of alleged copyright infringement on the Service or by the Service is Robert C. White, Jr., President, whose contact information is stated above.
Art. 7 Disputes and Governing Law Any dispute, claim, question, or disagreement arising from or relating to this Agreement (“Dispute”) shall be submitted to binding arbitration in Denver, Colorado, in accordance with the rules and procedures of the American Arbitration Association. Notwithstanding the foregoing, at the sole option of WhiteStar, WhiteStar may elect to have any claim or issue involving the ownership or infringement of Intellectual Property decided exclusively in a state or federal court located in Colorado, and the parties submit to the jurisdiction of any such court. This Agreement will be governed by the laws of Colorado, without regard to its choice of law or conflicts of law principles. WAIVERS OF CLASS ACTIONS AND JURY TRIAL. ALL PROCEEDINGS REGARDING DISPUTES SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NO PARTY MAY SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, OR IN ANY FORM OF PROCEEDING IN WHICH ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. EACH PARTY KNOWINGLY, FREELY, AND VOLUNTARILY WAIVES ANY RIGHT IT MAY OTHERWISE HAVE TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
Art. 8 General Provisions
8.1. Amendments; Binding Nature. WhiteStar may amend this Agreement, the Service or the Data at any time. Each amendment will be effective immediately upon posting. All Users will be deemed to have accepted the terms and conditions of this Agreement. This Agreement is binding upon, and inures to the benefit of, the parties and their permitted successors and assigns. There are no other third-party beneficiaries under this Agreement.
8.2. CLO Agreement. The License is subject to all the terms and conditions in the license agreement between WhiteStar and Commissioners of the Land Office, as Trustees of the School Land Trust, an agency of the State of Oklahoma (“Master License Agreement”), which is incorporated by reference. If there is an inconsistency between this Agreement and the Master License Agreement, the Master License Agreement will take precedence and will control.
WhiteStar and User are bound by all these terms and conditions as though each had manually executed this Agreement.
June 1, 2015
WELCOME TO THE COMMISSIONERS OF THE LAND OFFICE’S GIS MAPPING WEB SITE (“Web Site”) THESE END USER TERMS AND CONDITIONS ARE LEGALLY BINDING ON YOU. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
The WEB SITE AND END USER TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME WITHOUT NOTICE AND MAY BE SUPERSEDED BY LAW, REGULATIONS, OR POLICY CHANGES. Additional Terms and Conditions of Use from third-parties apply to you when you use any third-party’s products.
REQUIREMENTS FOR USE OF THE WEB SITE.
By using the Commissioners of the Land Office (“CLO”, “we” or “us”) Web Site, YOU AGREE THAT:
1. You shall not invade privacy rights or disclose any trade secret or confidential information of another,
2. You will not violate copyright or intellectual property rights, nor plan or do unlawful acts, and
3. You are of legal age to form a contract, and will not make any misrepresentations or harm the Web Site.
4. The Web Site is limited to your personal, non-commercial use.
5. You understand access to the Web Site is at the CLO’s sole discretion and CLO reserves the right at any time to modify or discontinue the GIS Web Site, or any part of it, without notice.
DISCLAIMER OF ALL WARRANITES. THE INFORMATION AND SERVICES PROVIDED THROUGH THIS WEB SITE ARE PROVIDED “AS IS”. WE HEREBY DISCLAIM ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU USE THE WEB SITE SOLEY AT YOUR OWN RISK. END USERS ASSUME ANY RISKS OF USE, WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING WITH RESPECT TO MAPS, DATA, INFORMATION AND/OR LEASES ON THIS WEB SITE. Links to third-party web sites are for your convenience only. CLO does not review, approve or control third-party websites. Linking to another site is at your own sole risk and responsibility.
LIMITATIONS OF LIABILITY. The Web Site is for information purposes only and not intended to constitute professional advice. CLO’s content receives updates, and errors and misprints may occur. It is not always up to date and cannot be relied upon. IN EVENT OF ANY LOSS OR CLAIM RESULTING FROM YOUR USE OF THE WEB SITE, YOU AGREE TO INDEMNIFY THE CLO AND/OR ITS SERVICE PROVIDERS FROM LIABILITY AND IN NO EVENT WILL CLO OR ANY OF ITS COMMISSIONERS, DIRECTORS, MANAGERS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER. IN THE EVENT OF ANY PROBLEM WITH THE WEB SITE YOU AGREE THAT YOUR SOLE REMEDY IS TO STOP USING THIS WEB SITE. This means that you agree to not sue CLO, its Commissioners, Directors, Agents, Employees or Service Providers. This term shall survive your use of the Web Site.
WAIVER AND CHOICE OF LAW. The failure of the CLO to enforce any provision of the Terms and Conditions shall not constitute a waiver. The laws of the State of Oklahoma apply exclusively. If any part of the Terms and Conditions are invalid, the other provisions of the Terms and Conditions remain in full force and effect. The CLO does not waive any of the protections afforded by the Governmental Tort Claims Act, 51 O.S. §§ 151-172, or of sovereign immunity for any reason.
YOUR USE OF THIS WEB SITE CONFIRMS THAT YOU AGREE WITH CLO’S END USER TERMS AND CONDITIONS OF USE AND DISCLAIMER AND WITH PRODUCT PROVIDER, WHITESTAR’S, TERMS AND CONDITIONS OF USE, INCORPORATED HEREIN.