Terms and Conditions
THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SITE OR SERVICE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR SERVICE IF YOU ARE NOT AT LEAST 18 YEARS OLD (OR THE AGE OF MAJORITY IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING THE SITE OR SERVICE OR ARE AT LEAST 13 YEARS OLD AND HAVE YOUR PARENT OR LEGAL GUARDIAN’S CONSENT). IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE OR SERVICE.
IMGIS offers services for researching land parcel ownership, subdivision plat documents, well and pipeline reports, energy permit documents, mineral ownership, property appraisal data and general land research.
You are responsible for maintaining the confidentiality of your Account credentials and for all activity occurring from the use of your account. Do not share your account credentials or give others access to your account. You agree to immediately notify IMGIS of any unauthorized or suspected unauthorized use of your account. IMGIS will not be liable for any loss or damage arising from noncompliance with the above requirements.
Collection and Use of Information
Imersion GIS does not sell or rent personally identifiable information. IMGIS claims no ownership of personally identifying information. IMGIS or its vendors may store credit card account numbers and/or expiration dates in order to facilitate your use of the Website. By using IMGIS, User acknowledges that non-personal data generated in the normal use of the Website is the property of IMGIS.
By subscribing to the Website, User agrees that the provided email address may be used for delivery of a newsletter which User may opt out of receiving at any time.
Certain account information may be shared with third party service providers. By accessing the website, User consents to receipt of and use of your account information by such third parties. User further agrees to hold IMGIS harmless from and against any claims regarding third party service providers and their use of User’s information, including claims of negligence and misconduct.
By completing a registration on the Website, User represents that all information that User supplies in the registration process is current, truthful, and complete.
This site utilizes server logs and log analysis tools to create summary statistics about the use of the Web site. The summary statistics are used for purposes such as assessing what information is of most interest to users, billable events, determining technical design specifications, and identifying system performance or problem areas.
To use this site, you will be asked to register certain information about yourself and/or the organization with which you are affiliated. Information collected in the course of the transaction is used for the following purposes:
- To conduct online transactions (e.g., the payment for services and/or collection of sales tax).
- To download data such as document images or reports
- To send you an e-mail confirming your transaction.
- To forward new product announcements or content features to you, only if you have chosen to request this service.
- Imersion GIS may be required by law enforcement or judicial authorities to provide personally identifiable information to the appropriate governmental authorities.
- Imersion GIS fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities.
Imersion GIS reserves the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
This site uses a secure server for conducting online transactions. All credit card and other payment information transmitted to us is protected by 128-bit encryption technology, provided your browser is properly configured and your computer is operating properly. This requires that you have a reasonably current browser that is capable of supporting 128-bit encryption.
Changes to This Policy
IMGIS provides data on this site for general informational purposes. The data is aggregated by IMGIS. Every effort is made to keep information current and accurate. IMGIS makes no warranty, representation, or guaranty as to the content, accuracy, timeliness, or completeness of any of the data provided on this site. IMGIS makes this data available on an “as is” basis and explicitly disclaims any representations and warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. IMGIS shall assume no liability for: 1. any errors, omissions, or inaccuracies in the data provided on this site regardless how caused; or, 2. any decision made or action taken or not taken by anyone using or relying upon data provided on this site. IMGIS assumes no liability for any inadvertent virus or other damage to any computer that might occur during or as a result of accessing this website or the data provided herein.
All reasonable efforts will be made to keep services running and available. IMGIS is not responsible or liable for temporary service outages due to issues beyond our control.
This site may not be distributed, framed, embedded or referenced commercially without express written permission.
Except as expressly permitted in the Terms, you may not:
(a) modify, port, adapt or translate any portion of the Services
(b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or any portion of any Service.
If the laws of your jurisdiction give you the right to decompile the Software to obtain information necessary to render the licensed portions of the Services or Software interoperable with other software, you must first request such information from us. We may, in our discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on your decompilation of the Services to ensure that our and our suppliers’ proprietary rights in the Services are protected. We can be contacted for quotes on special data extraction requests.
No refunds or prorations will be issued for subscription cancellations per the Termination of Services section. Refunds will not be issued for individual documents or reports that are part of the quantities associated with your subscription level.
No Unlawful or Prohibited Use
As a condition of use of the Website, User warrants to IMGIS that it will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. User may not use the Website in any manner which could damage, disable, overburden, or impair IMGIS or interfere with any other party’s use of the Website. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided by IMGIS. Information obtained from IMGIS may not be resold.
Retrieving information by any automated means is specifically prohibited. The following are examples, which are not intended to be an exhaustive list, of prohibited actions: (1) screen scraping text data; (2) pulling images from the Website (in any format) to avoid charges; (3) bulk downloading images from the Website; and (4) framing of the Website by another site.
Termination of Services
Termination by You
You may cancel your subscription plan at any time. Upon cancellation, there are no refunds or prorations for any time remaining in the subscription period. You will have access to all services until the end of the current subscription period. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
Termination by Us
If we terminate the Terms, or your use of the Service(s) for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide us. Unless stated in any Additional Terms, we may, at any time, terminate your right to use and access the Services if:
(a) you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
(b) you fail to make the timely payment of fees for the Services or Software, if any;
(c) you materially breach any provision of the Terms, and (i) the breach cannot be corrected; or (ii) we notify you of the breach and you fail to correct it within 14 days of the notice;
(d) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services);
(e) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services);
(f) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
(g) we elect to discontinue the Services or Software, in whole or in part (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or
(h) there has been an extended period of inactivity in your free account.
IMGIS prefers to address any concerns without needing a formal legal case. Before filing a claim against IMGIS, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or IMGIS may bring a formal proceeding.
Judicial forum for disputes. You and IMGIS agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Harris County, TX, subject to the mandatory arbitration provisions below. Both you and IMGIS consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements.
IF YOU'RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree To Arbitrate. You and IMGIS agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration Provisions" section, including its enforceability, revocability, or validity.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Harris County, TX.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. If this specific paragraph is held unenforceable, then the entirety of this "Mandatory Arbitration Provisions" section will be deemed void.
If at any time you are concerned that your information is incorrect and you are unsure how to correct or update it, please contact us at email@example.com.
Document Date: 2/17/2020