100ft Surveyor App v2.0 Copyright One Hundred Feet,Inc.
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:
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.
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.
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.
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.
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.
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 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:
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.
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.
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.
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.”
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.
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 email@example.com – 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.
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:
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. 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.
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).
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.
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.
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.
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.