100ft Surveyor App v2.0
Copyright One Hundred Feet,Inc.
      

NOTICE: YOUR USE OF AND ACCESS TO OUR PLATFORM AND PERFORMANCE OF MAPPING SERVICES (BOTH DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. PLEASE READ THESE TERMS CAREFULLY, AS THEY INCLUDE INFORMATION ABOUT FUTURE CHANGES TO THESE TERMS, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION INSTEAD OF BY A COURT PROCEEDING. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, YOU MAY NOT USE OR ACCESS THE PLATFORM OR PERFORM MAPPING SERVICES IN ANY MANNER.


Term of Use


Effective Date: 07/30/20

Welcome to One Hundred Feet. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (collectively, the “Platform”). If you have any questions, comments, or concerns regarding these terms, the Platform or the Mapping Services (as defined below), please contact us at:

These Terms of Use, together with the Privacy Policy and the Copyright Dispute Policy, (collectively, the “Terms”) are a binding contract between you and One Hundred Feet, Inc., (“One Hundred Feet,” “we” and “us”). You represent and warrant that you are an individual of legal age to form a binding contract. You must agree to and accept all of these Terms, or you don’t have the right to use the Platform or perform Mapping Services. Your using the Platform or performing Mapping Services in any way means that you agree to all of these Terms. These Terms, as they may be updated from time to time, will remain in effect while you use the Platform or perform Mapping Services.

About the Platform

One Hundred Feet enables individuals (“Mappers”) to upload maps to our Platform in exchange for a fee (the “Mapping Services”), subject to these Terms. For clarity, if you use our navigation software application, your use of such application is subject to a separate set of terms and conditions between you and One Hundred Feet. For purposes of these Terms, Mappers and other visitors to the site together will be referred to as users.

Mappers are not employees

The relationship between Mappers and One Hundred Feet is solely that of independent contracting parties; Mappers are not employees, agents, partners, or joint venturers of One Hundred Feet. As a Mapper, you have no authority to bind One Hundred Feet, and you will not undertake to represent yourself as an employee, agent or authorized representative of One Hundred Feet.

Will these Terms ever change?

These Terms may need to change along with the Platform. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Platform, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Platform or perform Mapping Services. If you use the Platform or perform Mapping Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

One Hundred Feet takes the privacy of its users very seriously. For the current One Hundred Feet Privacy Policy, please click here. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Platform or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@beans.ai.

What are the basics of using One Hundred Feet?

You may access the Platform by downloading our app from the iTunes store or the Google Play store.

In order to use the Platform or perform Mapping Services, you may be required to sign up for an account and select a password and user name (“Account Credentials”). You may not create an account, select Account Credentials, or otherwise use the Platform or perform Mapping Services using any name, information, account or Account Credentials that you do not have a right to use, or using another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or Account Credentials with anyone, and you must protect the security of your account and your Account Credentials. Each user may only create one account, and we reserve the right to suspend any additional or duplicate accounts created. You are solely responsible for any activity associated with your account.

Mapping Services

You will only use the Platform and perform the Mapping Services in a manner that complies with all laws that apply to you and any other policies or guidelines set forth by One Hundred Feet. If your use of the Platform or performance of the Mapping Services is prohibited by applicable laws, then you aren’t authorized to use the Platform or perform Mapping Services. We can’t and won’t be responsible for your using the Platform or performance of the Mapping Services in a way that breaks the law.

Without limiting the foregoing, Mappers shall not do any of the following in the course of using the Platform or performing the Mapping Services: (i) trespass upon real or personal property, or gain or attempt to gain access to any property or location where a Mapper does not have a right or permission to be; (ii) violate any rights of privacy; (iii) engage in conduct that is deceptive (such as by misrepresenting a Mapper’s identity); (iv) violate any posted rules or regulations on any premises; (v) carry any weapons (including large knives or guns) or otherwise endanger the safety of any person (including themselves) or property; (vi) otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind.

Any business, technical and financial information that Mappers may obtain from One Hundred Feet in connection with Mappers’ use of the Platform or that arise out of the Mapping Services constitute “Confidential Information.” Mappers will not disclose or, except in performing the Mapping Services, use any Confidential Information. However, a Mapper shall not be so obligated with respect to information from One Hundred Feet that (i) is or becomes publicly available without restriction through no fault of a Mapper, or (ii) that a Mapper knew without restriction prior to its disclosure by One Hundred Feet. Upon request by One Hundred Feet at any time, a Mapper will promptly provide to One Hundred Feet all items and copies containing or embodying Confidential Information.

One Hundred Feet owns the Confidential Information, as well as all maps, photos, images, illustrations, technology, creative materials and other inventions Mappers conceive, create, develop or contribute to in whole or in part in connection with the Mapping Services (collectively, “Mapper Creations”). Each Mapper shall and hereby does assign all Mapper Creations (including all related intellectual property rights) to One Hundred Feet. Unless One Hundred Feet has given specific written authorization, Mappers may not use or disclose their own or anyone else’s confidential information or intellectual property (“Outside Materials”) when performing Mapping Services; however, if a Mapper does any of the foregoing, then, without limiting the assignment of Mapper Creations hereunder, that Mapper hereby grants One Hundred Feet a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to fully use and exploit such Outside Materials and all related intellectual property rights. In addition, if you provide us with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Platform or Mapping Services (whether through a direct email or otherwise) (“Feedback”), then you grant One Hundred Feet a perpetual, worldwide license to freely use, modify, copy, and distribute such Feedback for any purpose.

For clarity, this Section does not in any way limit your rights under our Privacy Policy, as described here.

Payment for the Mapping Services

You will receive payment for providing Mapping Services pursuant to these Terms. You are entitled to a payment for each map that you submit through the Platform in accordance with these Terms and that we accept in our sole discretion.

You will pay all applicable federal, state and local taxes based on your provision of Mapping Services and any payments received by you. You understand One Hundred Feet will not withhold or make payments for social security, unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf. You agree to indemnify, defend and hold One Hundred Feet harmless from any liability for any breach of these Terms by you, or any liability for or assessment of, any claims or penalties or interest with respect to such taxes.

If applicable (for example, if you earn more than $500 in any calendar year from One Hundred Feet), you will be required to complete and submit an IRS Form W-9 to One Hundred Feet, which you hereby agree to do upon request from One Hundred Feet, and One Hundred Feet will report fees paid to you for the Mapping Services by filing a Form 1099-MISC with the Internal Revenue Service, as required by law.

Payment processing services are provided by the following third parties: PayPal.com (subject to the PayPal.com terms available: here, the “PayPal Terms”), Bill.com (subject to the Bill.com term available: here, the “Bill.com Terms), and Stripe.com (subject to the Stripe.com term available: here, the “Stripe.com Terms) together, the “Payment Processors”. By using the Platform to receive payments, you agree to be bound by the PayPal Terms, Bill.com Terms, and Stripe.com Terms, each of which may be modified from time to time. As a condition of One Hundred Feet enabling payment processing services through PayPal, Bill.com, and Stripe.com you authorize One Hundred Feet to obtain all necessary access and perform all necessary activity on your PayPal.com, Bill.com, or Stripe.com account to facilitate your provision of Mapping Services as contemplated by these Terms. You further agree to provide accurate and complete information about yourself, and authorize One Hundred Feet to share it and transaction information with PayPal.com, Bill.com, and Stripe.com for the purposes of facilitating of the payment processing services provided by the Payment Processors. One Hundred Feet reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.

Your use of the Platform and performance of Mapping Services is subject to the following additional restrictions:

Your use of the Platform and performance of the Mapping Services must comply with all of these Terms, including the following restrictions: The materials displayed or performed or available on or through the Platform, including, but not limited to, text, graphics, data, articles, Mapper Creations (as defined above), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Platform, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including One Hundred Feet’s) rights.

You understand that One Hundred Feet owns the Platform. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit the Platform. The Platform may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

You represent, warrant, and agree that you will not provide or contribute any Content, perform the Mapping Services or otherwise use or interact with the Platform in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including One Hundred Feet);
  2. Violates any law or regulation, including any applicable export control laws;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardizes the security of your One Hundred Feet account or anyone else’s (such as allowing someone else to log in to the Platform as you);
  5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Platform, or any processes that run or are activated while you are not logged into the Platform, or that otherwise interfere with the proper working of the Platform (including by placing an unreasonable load on the Platforms’ infrastructure);
  8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Platform or Content (through use of manual or automated means);
  9. Copies or stores any significant portion of the Content;
  10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Platform.

A violation of any of the foregoing is grounds for termination of your right to perform Mapping Services and use or access the Platform. Finally, you understand and agree that although One Hundred Feet has no obligation to monitor the Content on the Platform, it may choose to do so, and that One Hundred Feet may take down, remove, or suspend any Content at any time, for any reason.

What if I see something on the Platform that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like One Hundred Feet, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.

Who is responsible for what I see and do on the Platform?

Any information or content publicly posted or privately transmitted through the Platform is the sole responsibility of the person from whom such content originated. You access all such information and content at your own risk, and acknowledge and agree that One Hundred Feet is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for your having acquired or not acquired Content through the Platform or in performing the Mapping Services. We cannot guarantee the identity of any users with whom you interact in using Platform and performing the Mapping Services and are not responsible for which users gain access to the Platform or perform Mapping Services.

You are responsible for all Content you contribute, in any manner, to the Platform, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Mapping Services and the Platform.

The Platform may contain links or connections to third party websites or services that are not owned or controlled by One Hundred Feet. When you access third party websites or use third party services, you accept that there are risks in doing so, and that One Hundred Feet is not responsible for such risks. We encourage you to be aware when you leave the Platform and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

One Hundred Feet has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Platform. In addition, One Hundred Feet will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Platform, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Platform and in performing the Mapping Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that One Hundred Feet shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between or among users on the Platform or in performing the Mapping Services, or between or among users and any third party, you agree that One Hundred Feet is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release One Hundred Feet, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Platform and/or the Mapping Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Will the Platform ever change?

We’re always trying to improve the Platform, so they may change over time. We may suspend or discontinue any part of the Platform, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Platform.

What if I want to stop using the Platform and no longer perform Mapping Services?

You are free to do so at any time, by contacting us at support@beans.ai. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using the Platform and no longer perform Mapping Services. One Hundred Feet is also free to terminate (or suspend access to) your use of the Platform, performance of Mapping Services and/or your account, for any reason in our discretion, including your breach of these Terms. One Hundred Feet has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of One Hundred Feet. If you have deleted your account by mistake, contact us immediately at support@beans.ai – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

I use the One Hundred Feet App available via the Apple App Store – should I know anything about that?

These Terms apply to your use of the entire Platform, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

  1. Both you and One Hundred Feet acknowledge that the Terms are concluded between you and One Hundred Feet only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Platform for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Platform;
  3. You will only use the Application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  6. You acknowledge and agree that One Hundred Feet, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, One Hundred Feet, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  9. Both you and One Hundred Feet acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use;
  10. In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE; and
  11. Both you and One Hundred Feet acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof

What else do I need to know?

Warranty Disclaimer Neither One Hundred Feet nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Platform, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Platform. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Platform. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Platform are provided “AS IS” and without any warranty of any kind from One Hundred Feet or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE PLATFORM AND CONTENT ARE PROVIDED BY ONE HUNDRED FEET (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ONE HUNDRED FEET (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY ONE HUNDRED FEET TO YOU IN CONNECTION WITH THE MAPPING SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Company, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Platform and performance of the Mapping Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without One Hundred Feet’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Venue. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any claims or disputes that are not subject to arbitration as set forth below will be brought exclusively in the state and/or federal courts located in San Francisco County, California.

Arbitration Agreement. The following section (up to and including subsection (d)) will be referred to as the “Arbitration Agreement”. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES AND CLAIMS WITH ONE HUNDRED FEET AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ONE HUNDRED FEET.

  1. Arbitration Rules; Applicability of Arbitration Agreement. Any claim or dispute arising out of or relating to the Platform and/or the Mapping Services, your relationship with One Hundred Feet and/or the subject matter of these Terms shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will be conducted in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, which arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The existence and content of the dispute, the arbitral proceedings and any rulings or award shall be kept strictly confidential except that either party may disclose such information (i) to the extent that disclosure may be required of a party to fulfill a legal duty or right, (ii) to enforce or challenge an award in a bona fide legal proceeding as authorized herein, and/or (iii) to such party’s professional advisors, provided such advisors are bound by confidentiality obligations at least as restrictive as those set forth herein. In addition, One Hundred Feet may disclose such information to One Hundred Feet’s current and potential investors who have been advised of the confidential nature of such information. The arbitrator shall have the authority to award any and all available remedies, whether provisional or final, legal or equitable, including conservatory relief and injunctive relief. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. This provision does not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.
  2. Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees. One Hundred Feet will pay all arbitration fees for claims less than $75,000. One Hundred Feet will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
  3. Waiver of Jury Trial. YOU AND ONE HUNDRED FEET WAIVE ALL RIGHTS (WHETHER CONSTITUTIONAL, STATUTORY OR OTHERWISE) TO GO TO COURT AND CONDUCT A TRIAL IN FRONT OF A JUDGE OR JURY. You and ONE HUNDRED FEET are instead choosing to have claims and disputes resolved by arbitration. To the extent you or One Hundred Feet seek to vacate or enforce an arbitration award or otherwise submit any dispute in a court of competent jurisdiction, YOU AND ONE HUNDRED FEET WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have such dispute resolved by a judge.
  4. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE INDIVIDUAL OR ENTITY CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL OR ENTITY.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Platform and the Mapping Services, provided that One Hundred Feet may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and One Hundred Feet agree that these Terms are the complete and exclusive statement of the mutual understanding between you and One Hundred Feet, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of One Hundred Feet, and you do not have any authority of any kind to bind One Hundred Feet in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and One Hundred Feet agree there are no third party beneficiaries intended under these Terms.