Terms and Conditions of Use and User Agreement

Safety Rules

  1. Do not use this website while walking or traveling. 

  2. Use common sense and good judgment.  

  3. Don’t rely on these directions to be completely accurate.  We were careful and painstaking in creating these directions, but actual conditions may change.

  4. Be aware and pay attention.  Weather conditions, traffic conditions, construction, or other events may make the route unsafe.

  5. Be vigilant.  Do not use these directions to replace your usual means of navigation. All safety and mobility techniques ordinarily recommended by mobility specialists need to be maintained. Our wayfinding information is not a substitute for orientation and mobility with your usual mobility aid, such as a sighted guide,  cane or guide dog.

  6. Be responsible.  You are responsible for your own personal safety and mobility.  We hope that you find the ClickAndGo wayfinding routes useful and helpful, but your mobility must be your personal responsibility.

 

CLICK AND GO WAYFINDING TERMS AND CONDITIONS

In order to utilize this website (the “Website”) and the services, information, and/or other works that we provide (the “Services”), you must agree to these Terms and Conditions (the “Terms”).  Because the Terms form a legally binding agreement between you and Click and Go Wayfinding Maps, LLC (“ClickAndGo Wayfinding”) with respect to your use of the Website and/or the Services, please read it carefully. 

You agree that accessing or using the Services (whether telephonically, online, or otherwise) or using the Website and/or clicking on “I Agree”  constitutes your agreement to the Terms.  If you do not agree to the Terms, you may not use the Website and/or the Services.

ClickAndGo reserves the right to change, add or remove portions of the Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review the Terms prior to each use of the Website or the Services, and by continuing to use the Website or the Services, you agree to any changes.  We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Website or the Services without notice or liability.

  1. Use of Website.  ClickAndGo grants you a non-exclusive, non-transferable license to use and to access the Website and the Services subject to the Terms. You may use the Services, the Website, and the information, images, wayfinding data, audio data and/or other works that you see, hear or otherwise experience on the Website (the “Content”) solely for your non-commercial, personal purposes and/or to learn about ClickAndGo and its products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. ClickAndGo reserves complete title and full intellectual property rights in all Services and Content.

    By using the Services, Website and/or Content you represent and warrant that: (i) you are 18 years old or older; (ii) if you register or provide information, you are using your actual identity and that any information you provide to us is accurate and complete, and (iii) Services, Website and/or Content will not violate any local, state, national, or international laws or regulations that apply to you. You also understand and agree that any actual or attempted unauthorized use of the Services, Website and/or Content may result in criminal and/or civil prosecution. In order to protect the Services, Website and/or Content’s users, our customers and our systems, we reserve the right to view, monitor, and record activity on the Website without notice or permission from you or any third party, and to permit law enforcement organizations to do the same. Any information collected by us may be provided to law enforcement organizations in connection with investigation or prosecution of unlawful activity involving the Services, Website and/or Content. We may also comply with any court orders involving requests for such information. 

  2. Restrictions on Use. Except as expressly authorized by the Terms, you may not: (i) use, alter, copy, modify, distribute, redistribute, display, sublicense, rent, publish, sell, assign, lease, market, transfer, transmit, or derive another work from any Content, except as expressly permitted by the Terms; or (ii) delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Content or on the Website.  You may not, and may not authorize or aid anyone else to, use the Content for any purpose that is unlawful, unethical or prohibited by these Terms.

  3. Use of Restricted Areas on the Website.  Some portions of the Website are restricted and require a password for access (“Restricted Areas”). Unauthorized use of, or access to, Restricted Areas is prohibited. Actual or attempted unauthorized use of or access to Restricted Areas may result in criminal and/or civil prosecution. Access to Restricted Areas may be monitored, analyzed and recorded and any information obtained regarding actual or suspected unauthorized access may be given to law enforcement to investigate and prosecute.

    IF YOU ARE AN AUTHORIZED USER OF ANY RESTRICTED AREA, DO NOT SHARE YOUR PASSWORD WITH ANYONE. Your authorization to access the Restricted Areas is limited to those specific Restricted Areas for which you are granted access by us; access to any other Restricted Areas will be deemed unauthorized access. If you suspect that your password has been compromised in any way, change your password immediately. When you select a password and register on the Website, you agree to the following conditions:

    • ClickAndGo is authorized to act on instructions received under your password without any requirement to question those instructions;

    • ClickAndGo is not liable for any unauthorized access to your personal information that is not directly due to the gross negligence or willful misconduct of ClickAndGo;

    • Your password contains sensitive information and you will keep it confidential and secret;

    • You will notify ClickAndGo immediately if you believe anyone else has learned your password or if you believe an unauthorized access to ClickAndGo or your personal information has occurred or may occur;

    • ClickAndGo may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so.

    We reserve the right to suspend access to any Restricted Area at any time.

  4. Submissions and Materials Posted by You.  If you submit or make available any materials, images, text, video, audio, information, works or any other content (collectively, “User Materials”) on or through the Website, you thereby grant ClickAndGo a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license (including the right to sublicense) to display, distribute, publish, reproduce, disseminate, transmit, use, create derivative works from, or act upon such User Materials, through the Website (in the case of User Materials that you post to your storage area, by allowing authorized parties to access such area), without any additional approval or consideration of any kind, using any format, media, or technology now known or later developed or invented.

    By submitting or making available any User Materials you represent and warrant that: (i) the User Materials are not pornographic, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, invasive of another’s privacy or right of publicity, inappropriate or otherwise objectionable; (ii) you have the right to make the User Materials available on the Website; (iii) the User Materials do not infringe, misappropriate or otherwise violate any third party rights; (iv) you will not, and will not attempt to, forge headers, manipulate identifiers or otherwise disguise the origins of any User Materials; and (v) the User Materials do not contain any viruses or any other computer code, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or capture any data.

    The determination of what is inappropriate for availability on the Website is solely within the discretion of ClickAndGo. We reserve the right to remove any materials, including without limitation any User Materials, from your account and the Website.

    By allowing User Material to be available on the Website, ClickAndGo does not in any way promise, warrant or guarantee that the User Materials will remain available to you or that you will qualify for any services we offer.

  5. User Information and Termination Rights.  We reserve the right to terminate your right to use the Website, Services, and/or Content at any time, with or without cause, and may use technological and legal means to prevent such access. Without limiting the foregoing, we may also terminate your rights under these Terms in the event that you breach any term or condition of these Terms.

    You acknowledge and agree that we may access, store and disclose your account information and any User Materials if required to do so by law or in a good faith belief that such access, storage or disclosure is reasonably necessary to: (i) comply with legal requirements; (ii) protect the rights, property or safety of ClickAndGo, our users and customers, or the public; or (iii) respond to any claims with respect to User Materials, enforce these Terms.

  6. Safety.  When using the Content or the Services, you understand and agree to abide by the Safety Rules.  You understand and agree that the Content and the Services are provided for orientation and informational purposes only.  The Safety Rules are as follows:

    1. Do not use the Website while walking or traveling. 

    2. Use common sense and good judgment.  

    3. Don’t rely on the Services or Content to be completely accurate.  We were careful and painstaking in creating these directions, but actual conditions may change.

    4. Be aware and pay attention.  Weather conditions, traffic conditions, construction, or other events may make the route unsafe.

    5. Be vigilant.  Do not use the Services or Content to replace your usual means of navigation. All safety and mobility techniques ordinarily recommended by mobility specialists need to be maintained. Our Services and Content are not a substitute for orientation and mobility with your usual mobility aid, such as a sited guide, cane or guide dog.

    6. Be responsible.  You are responsible for your own personal safety and mobility.  We hope that you find the ClickAndGo Content and Services useful and helpful, but your mobility must be your personal responsibility.

  7. Copyright.  The Website and the Content are protected by U.S. and/or foreign copyright laws, and belong to ClickAndGo or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by ClickAndGo or other copyright owners who have authorized their use on the Website. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Website as an employee, contractor, agent or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by ClickAndGo).

  8. Trademarks.  You are prohibited from using any of the marks or logos appearing on the Website without permission from the trademark owner, except as permitted by applicable law.

  9. Links to Third-Party Web SitesLinks on the Website to third party websites or information, if any, are provided solely as a convenience to you. If you use these links, you will leave the Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by ClickAndGo of the third party, the third-party web site, or the information contained therein. ClickAndGo is not responsible or liable for any such website, their availability, or the content thereon. If you use the links to the web sites of ClickAndGo affiliates or service providers, you will leave the Website, and will be subject to the terms of use and privacy policy applicable to those web sites.

  10. Notice for Claims of Intellectual Property Violations and Agent for Notice.  If you believe that any material on the Website infringes or otherwise violates your intellectual property rights, please provide a notice (the “Notice”) to our Intellectual Property Claims Agent with the following information:

    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;

    2. A detailed and specific description of the work or other intellectual property that you claim is being infringed or violated;

    3. A description of where the material that you claim is infringing is located on the Website, with sufficient specificity to allow us to find it;

    4. Your address, telephone number, and email address;

    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

    6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.

    Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

    By mail:

    ClickAndGo Wayfinding Maps
    429 Winslow Ave
    St. Paul, MN 55107

    By email:
    info@clickandgomaps.com

    Please note that attachments cannot and will not be accepted. Any Notice submitted electronically with an attachment will not be received or processed.

  11. Downloading FilesClickAndGo does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.

  12. Software.  Any software available for download via the Website is the copyrighted work of ClickAndGo and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement. 

  13. Disclaimer of WarrantiesYou understand and agree that the Content is for informational purposes only. No representation is made or warranty given as to their accuracy or usability.  ClickAndGo assumes no responsibility for any accidents, disorientation, or delay resulting from such use.  YOU HEREBY ACKNOWLEDGE THAT USE OF THE WEBSITE, SERVICES, AND CONTENT IS AT YOUR SOLE RISK.

    CLICKANDGO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, AND CLICKANDGO SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR.  CLICKANDGO DOES NOT WARRANT THAT THE WEBSITE, SERVICES AND/OR CONTENT  WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE, SERVICES AND/OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN IN THE WEBSITE, SERVICES, AND CONTENT WILL BE CORRECTED.  FURTHERMORE, CLICKANDGO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, SERVICES, AND CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  THE WEBSITE, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLICKANDGO OR AN AUTHORIZED REPRESENTATIVE OF CLICKANDGO SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  14. Limitation of Liability.  UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CLICKANDGO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES, AND CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, SERVICES, AND CONTENT,  OR (III) ANY OTHER MATTER RELATING TO THE WEBSITE, SERVICES, OR CONTENT, EVEN IF CLICKANDGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF YOU ARE DISSATISFIED WITH THE WEBSITE, SERVICES, OR CONTENT, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, SERVICES, AND CONTENT.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CLICKANDGO’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

  15. Indemnification.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP CLICKANDGO INDEMNIFIED AT ALL TIMES FROM AND AGAINST ANY LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES RESULTING FROM ANY ACT, DEFAULT OR OMISSION BY YOU AND/OR A BREACH OF ANY WARRANTY BY YOU SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP INDEMNIFIED CLICKANDGO AT ALL TIMES FROM AND AGAINST ANY LIABILITY, ACTIONS, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES FOR OR IN RESPECT OF WHICH CLICKANDGO WILL OR MAY BECOME LIABLE BY REASON OF OR RELATED OR INCIDENTAL TO ANY ACT, DEFAULT OR OMISSION BY YOU UNDER THESE TERMS INCLUDING WITHOUT LIMITATION RESULTING FROM OR IN RELATION TO ANY BREACH, NON-OBSERVANCE, ACT OR OMISSION WHETHER NEGLIGENT OR OTHERWISE, PURSUANT TO THESE TERMS BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD CLICKANDGO, ITS DIRECTORS, OFFICERS, EMPLOYEES AND ASSIGNS HARMLESS FOR ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY USE OF THE WEBSITE, SERVICES AND/OR CONTENT.

  16. General Terms.  The Terms shall be governed by and construed in accordance with the laws of the United States and the State of Minnesota, as applied to agreements executed by Minnesota residents and performed solely within the State of Minnesota, except for those laws relating to conflicts of laws.  The parties hereby submit to the jurisdiction of, and waive any venue objections against, the Federal, State, and municipal courts in St. Paul, Minnesota in any litigation arising out of the Agreement.  If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.  This Agreement constitutes the entire agreement between the parties concerning the subject matter.  No waiver by ClickAndGo of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  You represent and warrant that you have full power and authority to agree to the Terms and that the Terms are binding upon you.