1.1 Acceptance. By accessing this Esri Website, You agree to be bound by this Esri Website
Inc. ("Esri"), located at 380 New York Street, Redlands, California, 92373, USA.
1.2 Third-Party Content. When using the Services, You may have the opportunity to leave the Esri Website in order to access and download additional content provided by third parties, including software, data, and imagery, as more fully described in Article 4.3 herein. You acknowledge that third party content is solely
Policy—Esri will not contact You letting You know they have been modified or replaced.
2. OWNERSHIP, GRANTS OF RIGHTS, AND USE RESTRICTIONS
2.1 Ownership. The Services available on Esri Website Properties and any content therein are
2.2 Grant of Noncommercial Use of Services. You may download, view, copy, and print Services available on Esri Website Properties solely for Your own internal purposes or for Your own Noncommercial Use unless otherwise specified. Services may not be reproduced or transmitted for commercial purposes, in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system now known or later developed, except as expressly permitted in writing by Esri. Proper attribution to Esri must be given for any use of the Services. For the purposes of this Article 2.2, "Noncommercial Use" means Your authorized use of the Services wherein You provide the Services to third parties at no charge, and that You and/or Your third-party customers do not generate income or promote the generation of income or any other means of commercial advantage or private financial gain from such use. Esri reserves the right to determine if Your use of Services that are accessed through ArcGIS Online qualifies as a no-charge, Noncommercial Use or as a commercial purpose that requires a separate license and license fee. Esri may at any time, and at its sole discretion, change, alter, or discontinue the ArcGIS Online Service(s)
provided to You or any third-party customer accessing these no-charge Services.
Inquiries regarding additional uses not provided herein may be submitted to Esri through a Copyright request at firstname.lastname@example.org.
2.3 Improper Use of Services. Any rights not granted herein or otherwise agreed to in writing between You and Esri are prohibited. In particular, You may not (a) access Services or resources not made available to You through a standard web browser or Esri products; (b) reverse engineer, decompile, access, or hack Esri
Please visit Esri's Web Link and Logo License Agreement page for information on providing a link from Your web page to Esri's Website.
2.5 Third-Party Data and/or Imagery Licensing Terms and Use Restrictions. Services provided by
unacceptable, You may cancel Your access upon written notice to Esri or discontinue use of the Service, as applicable. Continued use of the Service will be deemed acceptance of any modifications.
2.6 Sharing of Your Content. In the event You desire to make use of the content-sharing features across various Esri Web Site Properties, Esri communities, or other Services by uploading or publishing any of Your data, content, comments, materials, information, or imagery. You grant Esri a nonexclusive, irrevocable,
royalty-free, worldwide limited license to use, store, cache, copy, reproduce, print, integrate, (re)distribute, (re)broadcast, and (re)transmit Your data, content, comments, materials, information or imagery. You also grant all end users of Esri Website Properties the right to access and use Your data, content, comments, materials, information, or imagery.
Please contact Esri if You are unsure how to give proper copyright or source attribution.
2.8 Copyright Policy. Esri's copyright policy is to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to take down allegedly infringing materials and/or terminate the accounts of repeat infringers, as applicable. Further details of Esri's copyright policy can be found at http://www.esri.com/legal/licensing/dmca_policy.html.
3. PRIVACY AND PERSON ACCOUNTS
3.2 Passwords and Account Information. Some parts of these Esri Website Properties may require You to create and use a personal account to access the Services provided. You are responsible for maintaining the confidentiality of the password for Your personal account and are fully responsible for all activities
that occur under Your personal account unless unauthorized access to Your account number, account name, or password was obtained through no fault or negligence of Your own. You agree to the following:
3.2.1 You will provide truthful and accurate information at all times when using Services provided on Esri Website Properties;
3.2.2 You understand that using a false or incomplete name or e-mail address, impersonating any person or entity, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity will result
in immediate removal of Your personal account and termination of any rights provided herein;
3.2.3 You will use the Services for Your individual use, and the account's name and e-mail address must be specific to You—personal accounts may not be shared with other users;
3.2.4 You understand that sharing account information or allowing others to access Your account will result in removal of Your personal account;
3.2.5 You will notify Esri of any unauthorized use of Your password or account or any other breach of security as soon as You become aware of such use or breach; and
3.2.6 You will log off from Your account at the end of each session when using Services provided on Esri Website Properties;
3.2.7 You will not post or provide as Services any information or content that is protected health information
(i.e., any information that would be termed "protected health information" under the provisions of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations) ("PHI"), unclassified
controlled technical information as described in Defense Federal Acquisition Regulation Supplement 252.204-7012 ("UCTI"), or any information controlled by International Traffic in Arms Regulations (ITAR).
Esri shall not be liable for any loss or damage arising from Your failure to comply with the obligations set
forth in this section.
return or create a personal account in the future.
4. DISCLAIMER OF WARRANTIES AND LIMITS OF LIABILITY
4.1 Disclaimer of Warranties. The Services provided on these Esri Website Properties are
provided "As Is," without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. In particular, You understand that Esri and its third-party providers and contractors
do not warrant or represent that the Services provided on these Esri Website Properties will be:
4.1.1 Available to You uninterrupted in a secure form;
4.1.2 Accurate or free from error; or
4.1.3 Fit to use in Your application, for Your purposes, or according to Your requirements or
needs. Esri is under no obligation to correct any errors or inconsistencies in
4.2 Limitation on Liability. Esri will not be liable for direct, indirect, special, incidental, or consequential damages related to Your decision to access and use any of the Services provided on these Esri Website Properties, even if Esri is advised of the possibility of such damage. These limitations
shall apply notwithstanding any failure of essential purpose of any limited remedy.
4.3 Links to Third-Party Sites. Many links on Esri website Properties link to websites
owned and operated by third parties. These websites are not under Esri's control, and Esri is not responsible for information (regardless of how it is transmitted or received) or services provided by third-party websites. Any links to third-party websites provided on Esri Website Properties do not imply an endorsement, affiliation, or sponsorship of any kind and do not represent warranties of the quality of services provided by such third parties.
5. TERM AND TERMINATION
the address provided, Attn.: Contracts and Legal Department, or an electronic message to LegalNotices@esri.com, expressing clearly in the English language Your desire to terminate these Terms
of Use ("Termination Letter") and (b) ceasing and discontinuing Your access and use of all Services on or before sending the Termination Letter to Esri. Continued access to and use of the Services after sending the
action or inaction;
5.3.2 You have breached an agreement You have with Esri relating to the use of Esri products or
5.3.4 Esri, at its sole discretion, believes that such termination is in Esri's commercial interest.
7. GENERAL PROVISIONS
be unenforceable for any reason, such provision will be reformed only to the extent necessary to make the intent of the language enforceable.
interpretation. Any versions provided in a language other than English are provided for convenience only. Any inconsistencies or contradictions shall not affect the interpretation of the English-language version.
7.4 Feedback. Esri may freely use for its business and commercial purposes any feedback, suggestions, comments, or requests for improvements to Esri products or Services that You provide to Esri without further compensation to You.
Use. For any and all disputes not resolved by the parties within thirty (30) days' notice, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in San Bernardino County. Notice to Esri will only be proper if made by certified mail at the address provided in these Terms of
damage and that, in the event of such breach, in addition to any and all remedies at law, Esri will have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction without the requirement of posting a bond or undertaking or proving injury as a
condition for relief.
disclosure of the Services, which are considered "commercial services." No other terms or conditions will apply unless expressly agreed in writing between You and Esri. All rights to the Services are reserved under copyright and other intellectual property laws of the United States.
relating to Your use of the Services; supersede any previous agreements, understandings, and arrangements unless otherwise agreed to in writing by an authorized representative of each party; and completely replace any existing agreements between the parties related to Your use of the Service.