Terms of Use

Map the Spill is a mobile application and website (we refer to these as the “Services”) provided on a not-for profit basis by Trimble Navigation Limited (“Trimble”) for the use of the public and any interested parties. All reports and other data will be shared with the public at mapthespill.org. The data can be freely used and exported by any person or organization, including response teams, government agencies, scientists, health officials, and environmental groups.

Your Acceptance of Our Terms of Use

By using Mapthespill.org (the “Site”) and the mobile application (the “Application”) you are agreeing to the following terms and conditions (“Terms”). If you do not agree with a provision DO NOT use the Site or the application.

Trimble may change the Terms from time to time, at Trimble’s sole discretion. Your continued use of this Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of the Terms.

Limited Liability and Warranty Disclaimer

Although Trimble has attempted to provide accurate information on this Site, Trimble assumes no responsibility for the accuracy of the information or Services; nor does Trimble warrant that the information or Services are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. You understand that material made available on the Site is a product of a community effort and does not necessarily represent the views of Trimble. Your use of this Site is at your sole risk. Trimble may change the Services at any time without notice. Mention of non-Trimble products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRIMBLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE'S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRIMBLE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

TRIMBLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL TRIMBLE OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF TRIMBLE, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF TRIMBLE, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

User Communications

The Services on this Site may include e-mail services, bulletin board services, chat areas, forums, communities, personal web pages and other message or communications facilities designed to enable you to communicate with other Site users, and to post, upload, share and submit materials (e.g., text, images, data, etc.) for review the general public or by members of a public or private community (collectively, “User Communications”). Specifically, a principal feature of the Map the Spill service accessed through this Site is enabling subscribers to create Oil Reports that may be inputted and shared with other members of the Map the Spill community and the general public. To enhance the Map the Spill experience of its community members Trimble intends to maintain online all inputted and shared reports. Trimble may also permit third parties and business partners to use and display reports on other websites for viewing and use by their own subscribers or the general public.

THEREFORE PLEASE BE AWARE THAT USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY; AND THAT BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, PROVIDING OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO THIS SITE YOU UNDERSTAND AND AGREE THAT:

Please note: You may terminate the preceding licenses granted in any User Communications by removing your submitted User Communications from the Services, (i.e. by opting-out of sharing) provided, however, that such termination will not affect any permissions or licenses granted in connection with the User Communications prior to the time you completely remove and opt-out of sharing the User Communications. If you are unable to access the Services to remove your User Communications, then you may submit a request for removal of your shared User Communications to Support@TrimbleOutdoors.com.

Trimble shall have no obligation to monitor the User Communications to the Services. Nor shall Trimble have an obligation to remove any User Communications that you have opted to input and share with the Map the Spill community absent its receipt of your written request to do so. However, Trimble reserves the right to review materials posted to the Services and to remove any materials in its sole discretion.

Trimble reserves the right at all times to disclose any information as Trimble deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any User Communications or other materials, in whole or in part, in Trimble's sole discretion.

No Misuse of Site or Services

As a condition of your use of the Services you agree that you will not use the Services for any purpose that is unlawful or prohibited by the Terms. Trimble may restrict or cancel Services to you if there is a reasonable suspicion of, or any actual misuse or fraudulent use by you. You will be responsible for any costs incurred by Trimble or any other party (including attorneys fees) as a result of your misuse or fraudulent use of the Service.

Misuse or fraudulent use includes, but is not limited to,

Linking

Please note that the Site may contain links to other third party websites that are not owned or controlled by Trimble. Trimble has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Trimble will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Trimble from any and all liability arising from your use of any third-party website.

Ownership of Services; Personal and Non-Commercial Use Limitation

The Services are the property of Trimble and/or its suppliers and are protected by worldwide copyright and other intellectual property rights laws and treaties. The Services are made available solely for your personal and non-commercial use. Unless otherwise specified herein or expressly agreed to in writing by Trimble, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, lease or sell any information, software, products or services obtained from the Services. All rights in the Services not expressly granted under the Terms are reserved to Trimble and its suppliers.

Limited License to Use Site and Services Content

Subject to the Terms, you are granted a limited license to use the Site and Services and to print and download and upload textual and image content (e.g., maps, photographs, routes, points of interest, report notes, etc.) from the Services, provided that (1) you do not remove or alter any copyright, trademark or other proprietary notices or related visual marks and logos from the content, (2) your use of such content from the Services is for informational and non-commercial and personal use only

, (3) you do not modify any content other than content that you have created and uploaded, and (4) you adhere to any posted instructions, directions or limitations on usage and reproduction of such content. All content posted to Map the Spill is made public and can be freely used by any person or organization, including response teams, government agencies, scientists, health officials, and environmental groups. Any derivative work should credit MapTheSpill.org/Trimble. Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties.

Use of the Application

Through the Map the Spill Site Trimble provides you with access to a variety of resources including textual and image content, software, download areas, communication forums, product and other information (collectively “Services”). Your use of certain Services available on this Site may require your use of the Application. The Application, including any updates, enhancements or new features are subject to the Terms.

The Application and any software that is made available to download from the Services ("Software"), is the copyrighted work of Trimble and/or its suppliers, and is licensed, not sold. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("EULA"). The Software is made available for download solely for use by end users according to the EULA. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE EULA. EXCEPT AS WARRANTED IN THE EULA, TRIMBLE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Subscriber Account, Password and Access

If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. These Services are only available to persons who can form legally binding contracts under applicable law, and are not available to minors. If you do not qualify, please do not subscribe to the Service. Trimble reserves the right to refuse its Services to anyone at anytime in its sole discretion.

At the time of registration you will also choose a password and username. You are entirely responsible for maintaining the confidentiality of your password and account, and you agree that Trimble may terminate your subscription and access to the Services if you fail to do so. Additionally, you are fully responsible for any and all activities that occur under your account. You agree to notify Trimble immediately of any unauthorized use of your account or any other breach of security. Trimble will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

Limitations of Services, Network Coverage, GPS Satellites, Interruption of Service

To enable your use of subscription Services with your cell phone, you will also need to purchase a separate wireless data plan from your wireless communications carrier. All such wireless communications services and equipment obtained by you are subject to the terms and conditions of the applicable agreement(s) between you and your wireless carrier, and Trimble shall have no responsibility for the quality or performance of wireless communications services and equipment which are the sole responsibility of your wireless carrier.

You acknowledge that the Services and network access are subject to transmission limitations caused by a variety of factors such as atmospheric conditions, topographical obstructions, limitations or lack of coverage of the underlying carrier service and other natural or manmade conditions. Additionally, motor and ignition noise, metal shielding, interference by users of the same or adjacent radio channels may limit or interfere with coverage. You further acknowledge that Trimble is not responsible for the operation or failure of operation of GPS satellites or the availability of GPS satellite signals.

Trimble shall not be held liable by you or any third party for any loss or damage arising from Services, or its interruption, transmission errors, defects or any other cause, including, but not limited to, interruption caused by the underlying carrier. Trimble does not assume and shall not have any liability for events beyond Trimble's control or the control of Trimble's subcontractors, licensors or business partners, including, but not limited to, acts of God, acts of any governmental entity, acts of public enemy, strikes or weather conditions.

Notice about Location Based Services. When you use the Software used with the Map the Spill Services to voluntarily upload and share reports through Site, information regarding your geographic location(s) may be accessed and disclosed through the Services. You agree to notify any other users associated with your Map the Spill account of this feature.

Indemnification

UPON A REQUEST BY TRIMBLE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TRIMBLE AND THIRD PARTIES CONTRIBUTING TO THE SERVICES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM YOUR USE OR MISUSE OF THE SERVICES AND THIS SITE. TRIMBLE 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 AGREE TO COOPERATE WITH TRIMBLE IN ASSERTING ANY AVAILABLE DEFENSES.

Termination of Services, Account

If you violate these Terms of Use, or if the wireless service carrier through which you purchase Services on this Site terminates your wireless service, your authorization to use this Site automatically terminates and you must immediately discontinue use of and destroy any downloaded or printed Services content obtained from the Site.

Removal of Materials and Discontinuation of Service; Termination of Authorization to Use Site

Trimble reserves the right to remove or discontinue Services available on this Site with or without notice. Trimble further reserves the right to terminate your authorization to use any Services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason, immediately and at any time.

Links to Third Party Sites

This Site may contain links to third party websites. Access to any other Internet site linked to this website is at the user's own risk. Trimble does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on those sites, or about any products found at those sites, or about any search results that may be obtained from using them. Trimble provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

International Use

This Site is administered by Trimble from its offices in the United States of America. Trimble makes no representation that Services on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Services are illegal is prohibited. You may not use or export or re-export the Services or content available on this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Copyright and Trademark Information

Copyright information and a list of United States trademarks owned by Trimble is set forth at http://www.trimble.com/copyrights.html. Any questions concerning their use, or whether a trademark that does not appear on this list is a trademark of Trimble should be referred to Trimble's Intellectual Property department at U.S. 1-408-481-8000.

U.S. Government Restricted Rights

Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in these Terms of Use, and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14(ALT III), as applicable. Use of the Services by the US Government users constitutes acknowledgment of Trimble's proprietary rights in them.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and applicable United States federal law, without reference to “conflicts of laws” provisions or principles. 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 this Site shall lie exclusively in, or be transferred to the courts of the County of Santa Clara and/or the Northern District of California; and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.

General Provisions

These Terms of Use, along with any applicable license agreement(s), constitute the entire agreement between you and Trimble, and supersedes any and all prior agreements, negotiations and communications (whether written, oral or electronic) between you and Trimble with respect to the Services. No change, modification, or waiver of the terms and conditions of the Terms, shall be binding on Trimble unless made in writing, with Trimble's approval. You also may be subject to additional terms and conditions that may apply when you use content, materials, software, or services provided by third party providers to this Site. Any rights not otherwise expressly granted by this Agreement are reserved by Trimble. The failure of Trimble to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any part of the Terms is held invalid or unenforceable, by a court of competent jurisdiction, 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. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Digital Millennium Copyright Act

Procedure for Claims of Copyright Infringement.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Trimble Designated Agent. The contact information of the Trimble Designated Agent is:

Heidi Hofmann
Legal Department
Trimble Navigation Limited
935 Stewart Drive
Sunnyvale, CA 94085