User is responsible for maintaining the security of User’s account and password. The Company shall not be liable for any loss or damage from User’s failure to comply with this security obligation. User is responsible for all content posted and activity that occurs under User’s account. User shall provide your names, valid email addresses, and any other information requested in order to complete the signup process and be utilized by the Service. Each login may only be used by one person, but a User may create separate logins for each of its authorized employees or representatives (i.e., zoning officer, engineer, solicitor).
Payment and Refund Terms
All fees in the proposal do not include applicable taxes, the payment of which shall be the responsibility of the User. Refunds are processed according to the Company's Refund Policy.
Cancellation and Termination
User is solely responsible for cancelling User’s account, which cancellation can be accomplished in writing or by telephone. Upon cancellation, all of User’s content shall be immediately inaccessible from the Service but data can be exported into traditional GIS files within 60 days of cancellation. Thereafter, all content may be permanently deleted from all Company backups and logs if additional cloud storage capacity is needed. Once the content has been deleted, it cannot be recovered. If the Service is cancelled before the end of the currently paid month, cancellation will take effect immediately and there shall be no further charges. Any unused time in the last billing cycle shall not result in a refund.
Modifications to the Service and Prices
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice. Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the CSDatum site or the Service itself. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
The Company will use commercially reasonable efforts to provide the Service. However, the service is provided on an “as is” and “as available” basis, without warranty of any type. Technical support is provided via only email. The Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. User shall not modify, adapt or hack the Service. User shall not modify another website so as to falsely imply that it is associated with the Service or the Company. User shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service. User understands that the technical processing and transmission of the Service, including User’s content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Company reserves the right to temporarily disable User’s account if usage significantly exceeds that of other similar Service customers, following advance written notice.
Limitation of Liability
If the User suffers direct damages because the Service is off-line outside the Company's standard maintenance window or for other causes, then User may recover only an amount equivalent to the prorated annual subscription fee for the time that the Service was unavailable to User but needed by User. The Company’s standard maintenance window is from midnight until 3 a.m. EST every Monday, subject to change following advance written notice. The Company shall not be liable for any indirect damages, including, but without limitation, consequential, special, incidental or any other damages arising from or related to the Service, even if the Company was advised of the possibility of such damages or if the possibility was reasonably foreseen.
These Terms of Service shall be governed and interpreted pursuant to the laws of the Commonwealth of Pennsylvania, notwithstanding any principles of conflicts of law. User specifically consents to the jurisdiction and venue of the Court of Common Pleas of York County in connection with any dispute arising from or related to the Service. The Terms of Service and proposal constitute the entire agreement between the parties and supersede any prior understanding, and they may be modified as set forth herein or by writing between the parties. If any part of these Terms of Service are found to be unlawful, void or unenforceable, then that part shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or provisions. Advance written notice may be in the form of an electronic transmission (email or facsimile), to the User, directed to the User’s Manager or other designated point of contact.
Questions about the Terms of Service should be sent via email.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Last updated January 3, 2019.