Mapcut.com - A free electronic shortcut to every location on earth. What's yours?

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE

Terms of Service.

AGREEMENT BETWEEN USER AND Order Dept., LLC ("Order Dept.")

This website, Mapcut.com, is provided by Order Dept, LLC (“Order Dept”).

The Mapcut.com Service and Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Mapcut.com Service and Web Site constitutes your agreement to all such terms, conditions, and notices.

MAPCUT.COM SERVICE

Mapcut.com provides the consumer with an easily remembered electronic shortcut to their physical address, using an electronic map, provided by Google Maps.* Users can choose to upgrade from the free service to a paid (premium) service and display selected pieces of personal or business contact information.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Mapcut.com Web Site, you warrant to Order Dept that you will not use the Mapcut.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. This includes and is not limited to violations of copyright and trade mark laws. Should Order Dept become aware of ANY violation(s) of the aforementioned laws, Order Dept may terminate User access to Mapcut.com without notice to User. (See also, NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.)

You may not use the Mapcut.com Web Site in any manner which could damage, disable, overburden, or impair the Mapcut.com Web Site or interfere with any other party's use and enjoyment of the Mapcut.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Mapcut.com Web Sites.

INDEMNIFICATION

The User shall fully defend, release, discharge, indemnify, and hold harmless Mapcut.com, Order Dept as well as its corporate directors, officers, members, managers, attorneys, representatives, employees, independent contractors, or agents of any kind (“Indemnified Parties”) from any and all claims, damages, demands, liabilities, suits, judgments, losses, costs, and expenses of any kind, including attorney’s fees, court costs, and any other costs or expenses of any kind in connection with any action that may be charged against the Indemnified Parties arising out of our Service. This includes but is not limited to any infringement of intellectual property laws, infringement of copyright laws, errors or omissions that we may make including destruction of documents, improper forwarding of documents, and violation of any laws or regulations prohibiting transmission of information over the internet.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Order Dept as a result of this agreement or use of the Mapcut.com Web Site.

TRADEMARK NOTICE

MAPCUT.COM is a trademark and may not be used without the prior written consent of Order Dept. Any rights not expressly granted herein are reserved.

COPYRIGHT NOTICE

WARRANTY DISCLAIMER

ORDER DEPT MAKES NO WARRANTIES (INCLUDING, WITHOUT LIMITAITON, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE. ORDER DEPT’S OBLIGATIONS UNDER THIS AGREEMENT ARE SUBJECT TO DELAYS CAUSED BY WAR, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. YOU ACKNOWLEDGE THAT OUR WEBSITE AND OUR SERVICE ARE OPERATED ON AN "AS IS", "AS AVAILABLE" BASIS, AND THAT NEITHER ORDER DEPT NOR ITS SUPPLIERS OR VENDORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING ITS WEB SITE OR SERVICES. THE USER UNDERSTANDS THAT BY ACKNOWLEDGING AGREEMENT TO USE THIS SERVICE THE USER WAIVES CERTAIN ACTIONS AND CLAIMS, AND THE USER'S ACKNOWLEDGEMENT IS NOT THE RESULT OF FRAUD, DURESS OR MISTAKE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORDER DEPT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Mapcut.com WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Mapcut.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Mapcut.com WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Mapcut.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ORDER DEPT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Mapcut.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Mapcut.com WEB SITE. IN NO EVENT SHALL ORDER DEPT’S LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO ORDER DEPT BY YOU UNDER THIS AGREEMENT DURING THE CALENDAR YEAR DURING WHICH THE APPLICABLE CLAIM ACCRUED.

LINKED SITES

The Mapcut.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Order Dept. and Order Dept. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Links from our website to a Linked Site are provided as a convenience to you only. Any link we provide to a Linked Site should not be construed as an endorsement of that website or its content, products, or services offered therein.

GOVERNING LAW

This Agreement, and any controversies or claims arising there from, shall be governed by the laws of the state of Nevada.

Any controversy, claim, or alleged breach of this Agreement between the User and Order Dept (the "Parties") shall first be submitted to an independent mediator agreeable to both Parties. Said mediation to take place in Portland, Oregon. If the Parties cannot agree on a mediator, the Parties agree to submit the controversy, claim or alleged breach to BINDING ARBITRATION before a panel of three (3) arbitrators. Said panel to be selected as follows: User selects one arbitrator, Order Dept selects its arbitrator and the two arbitrators select one neutral arbitrator.

If the Parties, using reasonable efforts are unable to resolve the dispute through mediation, then the dispute shall be settled by arbitration in Portland, Oregon in the manner described above. The arbitration proceedings will follow the Commercial Rules of the Arbitration of Portland in effect at the time of such controversy, claim or breach. The award of the arbitration panel will be final, binding and not subject to appeal. Judgment on the award may be entered in any Nevada court (state or federal). The Parties agree and acknowledge that money damages may not be an adequate remedy for a breach of a provision of this Agreement and that either Party, in its sole discretion, may apply to a Nevada court for specific performance and/or injunctive relief in order to enforce or prevent any violations of the provisions of this Agreement.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SEVERABILITY

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future laws or public policies, such provision shall be fully severable and shall in no way affect the validity or enforceability of this Agreement or any other provision herein.

ENTIRE AGREEMENT

The Parties agree that this is the whole Agreement between them, and that it supersedes all prior and contemporaneous contracts, understandings, inducements, or conditions between the Parties. No changes to the Agreement shall be valid unless they are in writing and signed by all Parties.

MODIFICATION OF THESE TERMS OF USE

Please note that our Terms of Use Policy may change from time to time. Order Dept. reserves the right to change the terms, conditions, and notices under which the Mapcut.com Web Site is offered, including but not limited to the charges associated with the use of the Mapcut.com Web Site. We will post any Policy changes on this page. Your continued use of our website shall constitute your acceptance of any revised Policy.

TERMINATION/ACCESS RESTRICTION

Order Dept reserves the right, in its sole discretion, to terminate your access to the Mapcut.com Web Site and the related services or any portion thereof at any time, without notice.

CANCELLATION

The User has the right to cancel premium service/account at any time by way of e-mail to support@mapcut.com, written notice to Order Dept, LLC (Mapcut.com), 8536 SW Saint Helens Drive, Ste B, Wilsonville OR 97070 or via fax to 877-672-6827.

Billing for Mapcut.com is automated, on the anniversary date of the initial premium service start date. Any cancellation of service will only stop your renewal. Existing service will run for the already paid term of service, unless otherwise requested by User. The User is responsible for properly cancelling any premium service/account. Cancellation by telephone or any other method not listed above WILL NOT CONSTITUTE CANCELLATION.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
It is our policy to respond to valid DMCA takedown notices of alleged copyright infringement. These notices must include all of the information below, as suggested by the U.S. Digital Millennium Copyright Act.

Our response to valid takedown notices may include removing the infringing material, and suspending subscriber accounts. We may also contact the owner of the affected site so that they may make a counter notification.

To file a notice of infringement with us, you must provide a formal communication (by regular US mail) that includes the items specified below:

Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This means a link to the original work, or a description of what is being copied. Identify the material that is infringing on the work in item #1. This means the link to a Mapcut.com site with the material on it.

Provide your contact information, preferably US mail, and phone number. Include the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Send this information to:

Order Dept, LLC (Mapcut.com)
8536 SW Saint Helens Drive, Suite B
Wilsonville OR 97070

*Order Dept, LLC and/or Mapcut.com is in NO way affiliated with Google, Google Maps, and/or any of its affiliates and subsidiaries.