ThingSpace is Verizon's Internet of Things platform to help you learn about IoT, access and manage your IoT connections on the Verizon network, develop IoT applications and solutions, and do much more.
These are the terms of service for ThingSpace ("Terms" or "Agreement"). When you access or use ThingSpace, you (or the business you represent if you are using ThingSpace on its behalf) are agreeing to the Terms. You must comply with the Terms at all times when you use ThingSpace. Read the Terms carefully. They control your legally binding relationship with us.
"We," "us," "our" or "Verizon" in these Terms means Cellco Partnership d/b/a Verizon Wireless, a Delaware general partnership with an address at One Verizon Way, Basking Ridge, New Jersey 07920, United States, on behalf of itself and for the benefit of its affiliates.
Definition of Services - What's covered by these Terms?
We refer to ThingSpace in these Terms as the "Services." Services means all of ThingSpace and it includes the websites, APIs, software, SDKs and other downloadable files, documentation, tools, content, technical support, features and add-ons, as well as any upgrades or updates to these. When you use any part of the Services, these Terms apply.
If any part of the Services has different terms or a separate license – the Wireless Network Services SDK, for example – then that other license will apply with respect to that part of the Services and take precedence over these Terms with respect to any conflicting provisions
These Terms include the following policies and agreements, which are hereby incorporated by reference. Read them carefully.
If you are based in the EU, Iceland, Liechtenstein or Norway, then the following notice also applies to you.
Changes to the Terms
We reserve the right to make changes to these Terms from time to time. Changes are effective once they are posted. If you use the Services after the Terms have changed, we will treat your continued use of the Services as acceptance of the new Terms.
If you do not agree to changes, you may terminate these Terms at any time by deleting your account and ceasing use of the Services
We encourage you to read the Terms regularly for updates
Changes to the Services
While we will use reasonable efforts to provide advance notice, you understand and agree that we reserve the right to make changes to the Services without notice. These changes may require you to perform additional work in order to continue using the Services. You are solely responsible for all expenses related to such additional work.
Access and Use of the Services
You may access and use the Services for lawful purposes in strict compliance with these Terms and all applicable policies, guidelines or documentation made available by us, including the API documentation. Without limitation, you may use the Services to:
Account and Registration
In order to use the Services, you must create an account by selecting a username and password and providing certain registration information like your name and a valid email address. Your registration information must be true, complete and current and you must keep that information true, complete and current after you create an account. We may contact you to confirm some or all of your registration information.
After creating an account, you may be able to access keys, secrets and/or tokens (“Access Credentials”) that enable you or your Applications to interact with APIs and other tools that are part of the Services. You are responsible for keeping Access Credentials secure and confidential. You agree not to falsify or alter any Access Credentials assigned to you or to obscure or alter the source, location or any other identifying information of API calls coming from you or your Applications.
You are responsible and for all activity that occurs through your account and/or your Access Credentials. You will immediately notify us at firstname.lastname@example.org if you become aware of suspected or actual misuse or compromise of your account or Access Credentials, or if your account information is lost or stolen. We will not be liable for any loss or damage arising from your failure to comply with this section.
You may not register for, access or use the Services if (i) you are under the age of 13, (ii) you are barred from the using the Services under the laws of the United States or the country in which you reside or from which you access the Services or (iii) you are acting on behalf of a government entity.
You agree to use the Services for lawful purposes only. Except as otherwise explicitly permitted in these Terms, you agree not to (i) resell, sublicense, lease, assign, redistribute, transfer or otherwise make the Services available to any third party; (ii) modify, copy, harvest, collect, or create derivative works based on the Services; (iii) copy, frame or mirror any part or content of the Services, other than copying or framing for your own internal business purposes for use as permitted under these Terms; (iv) reverse engineer the Services; (v) attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Services, the Verizon network, or any service provided by or on behalf of Verizon, or any device connected to the Verizon network; (vi) send or store infringing or unlawful material using the Services; (vii) impersonate someone else; (viii) access or use the Services for the purpose of building a competitive product or service or for benchmarking, monitoring availability, comparative analysis or similar purposes; or (ix) remove, alter or destroy any copyright, trademark or other proprietary rights notice displayed on the Services.
You must not propagate any virus, worms, malware, Trojan horses, or other programming routine that could damage the Services. You may not use spiders, robots, data mining techniques or other automated devices or programs to mine, harvest, collect, store, catalog, download or otherwise reproduce, store or distribute Content available on the Services. You may not use any such automated means to manipulate the Services or attempt to exceed the limited authorization and access granted to you under these Terms. You agree to regularly monitor your Devices, Applications and End Users for any issue that may compromise the security of the Services (“Security Issue”). We may, without obligation, monitor your use of the Services to verify your compliance with these Terms and to identify an actual or potential Security Issue.
We may impose limits on the number or rate of calls made using our APIs. You will not attempt to exceed or bypass these limits, which we may change at any time in our sole discretion.
You will not make any representations, guarantees or commitments to your End Users or to anyone else regarding the availability of or functionality supported by the Services.
By registering for and using or accessing the Services, you agree that you are subject to and will comply with the Verizon Acceptable Use Policy
"Customer Data" means information made available to us through your use of the Services and it may include information regarding your End Users and/or their use of your Applications. Some examples of Customer Data include:
The Services are operated from the United States. This means that regardless of where you or your End Users are located or access the Services, all Customer Data made available to us is transferred to, stored and processed in the United States.
We may delete certain Customer Data stored in our systems after a period of time, typically 90 days. We do not guarantee data storage and you agree that we will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loss or deletion of Customer Data.
As between you and Verizon, we retain and own all right, title and interest in and to the Services, including, without limitation, all copyrights, trademarks, service marks, patents, trade secrets and other intellectual property rights in the Services, and any modifications, corrections or enhancements thereto. No rights or licenses in the Services are granted to you hereunder other than as expressly set forth in these Terms.
You are welcome to provide us with feedback, comments, ideas, observations and suggestions for improvements, either orally or in writing, regarding the Services (collectively "Feedback"). If you provide us with Feedback, you agree that:
Use of Marks
The Verizon and ThingSpace names, trade names, trademarks and logos, as well as all related product and service names, design marks, logos and slogans, are the property of Verizon and, except as expressly permitted in these Terms, may not be used by you without our prior written consent. You agree that we, in our sole discretion, may use your name, logo and/or domain name on our websites and other promotional materials for the purpose of advertising or publicizing your use of the Services.
The Services may contain links and references to third-party websites, which are provided solely for your convenience. We are not responsible for the content or information contained on such third party websites and inclusion of such links does not imply endorsement of those websites or the content contained thereon.
Our Services, including any software or technology provided as part of the Services, may be subject to U.S. export controls laws and regulations, including but not limited to the Export Administration Regulations (“EAR”). You agree that any export, re-export, or retransfer of software and technology we provide under these Terms will comply with all applicable U.S. export controls and economic sanctions laws and regulations, and such compliance will include obtaining any required export licenses or authorizations from the U.S. government. You further agree that you will not export, re-export, or retransfer, directly or indirectly, software or technology provided by us under these Terms in any form to destinations in or nationals of Country Groups E, as specified in Supplement No. 1 to Part 740 of the EAR, to any U.S. Government prohibited or restricted party; or to end users prohibited under the EAR.
"Confidential Information" means nonpublic information in any form disclosed by us that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, should be reasonably understood to be confidential. Confidential Information does not include any information that: (i) is or becomes publicly available without breach of these Terms; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) was disclosed to you by a third party who did not acquire or disclose the information by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by the receiving party without reference to our Confidential Information.
You agree that you will use the Confidential Information only in accordance with these Terms and, except as explicitly permitted hereunder, will not disclose such information to any third party without the our prior written consent. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Confidential Information, including, at a minimum, those measures taken to protect your own confidential information of a similar nature. Notwithstanding the foregoing, you may disclose Confidential Information your employees, contractors or agents who have a need to know and are legally bound to keep such information confidential.
In you are required by law, regulation or court order to disclose Confidential Information, you will (except as prohibited by law, regulation or court order) promptly notify us in writing prior to making any such disclosure in order to facilitate us seeking a protective order or other appropriate remedy from the proper authority. You agree to cooperate with us in seeking such order or other remedy. You further agree that if we are not successful in precluding the requesting legal body from requiring the disclosure of Confidential Information, you will furnish only that portion of the Confidential Information which you are legally required to disclose.
You acknowledge that a breach of this Confidentiality section may result in irreparable injury for which monetary damages alone may not be an adequate remedy. You therefore agree that in the event of an actual or threatened breach of this section, we will be entitled to seek specific performance and injunctive or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond. Any such relief will be in addition to and not in lieu of any appropriate relief in the way of monetary damages.
Liability for our Services
The services are provided on an “as is” and “as available” basis and we make no warranties, express or implied, with respect to the services, including but not limited to any implied warranties of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law. Without limiting the generality of the foregoing, we do not warrant that the services will meet your needs, be un-interrupted, accurate, complete, useful, functional or error free, or that the services, in whole or in part, are free of viruses or other harmful components. The thingspace websites may include technical inaccuracies or typographical errors. No advice or information given by representatives of verizon will create any warranty
Access and use of the services is at your own risk. You are solely responsible for any damage to your devices or systems or loss of data that results from your use of the services.
In no event will we be liable to you for (I) any special, direct, indirect, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) or any other damages arising in any way from or in connection with the availability, use, performance or provision of, reliance on or failure to provide the services; loss of data; your access or inability to access or use the services; your use or reliance on content or other information available on or through the services, or viruses alleged to have been obtained, or invasion of privacy from or through the services, even if we have been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort or otherwise; or (ii) any claim attributable to errors, omissions, or other dysfunction in, or destructive properties of, arising out of or in connection with the use or performance of the services. Our aggregate, total liability for damages, injury, losses and causes of action, whether in contract, tort or otherwise, arising from or relating to services shall not exceed one hundred dollars ($100). Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We may occassionally make some parts of the services available to you under an "Alpha," "Beta," "Preview" or other similar designation. All such services are referred to hereafter as "Beta services.” beta services are not generally available to the public and may contain bugs, errors, defects or other harmful components. All beta services are provided strictly "As is" without warranties of any kind. By using beta services, you accept all risks and understand and agree that we will not be liable to you or any other third party in connection with beta services.
You agree to defend, indemnify and hold harmless Verizon and its officers, directors, employees, agents, licensors and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) any act or omission by you in connection with use of the Services or related to your Devices, Applications, End Users or Customer Data; (ii) your violation of these Terms; (iii) any actual or alleged infringement by you of any intellectual property or other right of any person or entity; or (iv) your violation of laws and regulations. You will assume control of the defense and settlement of any claim subject to indemnification by you. We may, however, at any time elect to take over control of the defense and settlement of any such claim. You will not settle any such claim without our prior written consent.
Termination of Account
We may terminate your account for the Services at any time and for any reason upon notice to you. In addition, we may terminate your account without prior notice if: (a) your account reflects a prolonged period of inactivity or infrequent activity; (b) you fail to respond to a claim of alleged infringement within a reasonable time; (c) you violate these Terms or any other applicable policy or other agreement between you and Verizon with respect to the Services.
Upon termination or expiration of these Terms, all sections that by their nature are intended to survive will so survive, including without limitation: Restrictions, Data, Proprietary Rights, Links, Export Control, Confidentiality, Liability for our Services, Beta Services, Indemnification, Survival, General, Payment of Fees, Suspension for Nonpayment and Taxes.
The failure of either party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Each parent and affiliate of Verizon shall be a third party beneficiary to these Terms and shall be entitled to enforce and rely upon any provision of these Terms that confers a benefit on (or rights in favor) of them. Each party must comply with all applicable laws in connection with the Services. You may not transfer, assign or delegate the right and/or duties under these Terms without our prior written consent and any attempted assignment or delegation is void. We shall have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations under these Terms. If any portion of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portion(s) will remain in full force and effect, and any invalid or unenforceable portion(s) shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms, and the rest of the Terms shall remain in full force and effect. The relationship between the parties is one of independent contractors. These Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. Any legal action, suit or proceeding arising out of or relating to these Terms, must be instituted exclusively in the federal or state courts located in New York, New York. These Terms constitute the entire agreement between you and Verizon with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements.
“Premium Services” are portions of the Services that are subject to fees, like the Device Location APIs. Fees for Premium Services may be subscription-based or usage-based or both. You can purchase Premium Services by the means described on the web page(s) associated with those Premium Services.
Unless otherwise specified in the applicable service-specific web page(s), fees for Premium Services will be billed to your company’s Verizon Wireless business account(s) and included as part of the monthly invoices and statements for services billed under such account(s). Fees for Premium Services may be billed in advance or in arrears, depending on the type of Premium Service or sku purchased.
Payment of Fees
You are responsible for paying all fees billed by us that are related to purchases and/or use of Premium Services on your account. For fees that are subscription-based, you are responsible for payment whether or not you use the Premium Services relating to those subscription-based fees.
All fees are payable in accordance with the payment terms set forth in your Premium Services terms and conditions, your billing statements, or your invoices. Overdue charges may be subject to late fees or other penalties, as set forth in your billing statement(s).
Suspension for Nonpayment
We may temporarily suspend your access to Premium Services with or without notice if you fail to make timely payments of amounts due for those Premium Services, or if we receive chargebacks or other payment reversal requests from your bank, until such time as those outstanding amounts are paid in full. We will have no liability to you or your company for any damage, liabilities, losses or any other consequences that it may incur with connection with any suspension of services pursuant to this section.
If we are legally required to collect taxes, fees, assessments or any other related charges (hereinafter a “Tax”) with respect to any and all purchases under these Terms, including but not limited to Premium Services, then such Taxes will be billed to you as a separate charge. Said Taxes are to include items of any nature imposed upon the Services (except for charges based upon Verizon’s income) including but not limited to any and all expenses necessary to comply with any and all legally imposed or governmental requirements or to provide or improve service to you (hereinafter “Surcharges”). Such Surcharges may be included as a recovery of offset on any invoice transmitted or presented to you for payment. Taxes and Surcharges may change from time to time. If you present Verizon with a valid official Tax exemption certificate or other evidence of exemption that we find acceptable; then Taxes covered by the exemption will not be imposed or collected. However, if such exemption is later found to be invalid or not apply, you will be responsible for all uncollected taxes, and any additional amounts imposed or incurred (including but not limited to penalties and interest). Any amounts billed as Taxes prior to the receipt of a valid evidence of exemption are not subject to being credited.
SMS APIs allow your Applications to interface with ThingSpace to transmit SMS messages from a Verizon-assigned longcode to your End Users. Your use of SMS APIs is subject to the related API documentation and associated rules and restrictions, which may include, without limitation, conditions related to usage limits and specific opt-in and messaging requirements.
You agree to use SMS APIs only in compliance with all applicable local, state, national and international laws and regulations, including, without limitation, the Telephone Consumers Protection Act of 1991 (TCPA), acceptable industry guidelines (including CTIA Messaging Principles and Best Practices), the Verizon Acceptable Use Policy, and these Terms. You further agree that in connection with your use of SMS APIs: (a) you will not send messages containing executable files or links to other content or premium or similar messages that require a subscription or surcharge; (b) you will not install, deploy, or use any hardware, firmware, software or other technology or technique to circumvent Verizon's messaging network operations protections; and (c) you will not send any material or content in violation of the Verizon Acceptable Use Policy.
You may use SMS APIs to send messages only to End Users who have opted in to receive messages by (a) establishing an opt-in process that effectively captures each End User’s consent to receive messages, informs End Users of the nature and scope of your messaging campaigns and any financial obligations (like “Standard Messaging Charges Apply”) associated with messaging; (b) immediately complying with End User opt-out requests such as STOP, END, CANCEL, UNSUBSCRIBE or QUIT in compliance with industry guidelines; and (c) maintaining opt-in and opt-out records for each End User from the time that End User initiates opt-in until a minimum of six months after that End User has opted out. The foregoing requirements are in addition to requirements set forth by us in the API documentation related to SMS APIs.
Device Location APIs
Device Location APIs are Premium Services to be used in conjunction with IoT Devices. “IoT Devices” are devices that are certified under the
You may access and use Device Location APIs only in conjunction with IoT Devices. You bear all responsibility for complying with the foregoing restriction. We reserve the right to terminate your access to these APIs without liability or compensation to you if you violate this restriction.
Device Location APIs enable you to interface with ThingSpace to develop Location Based Services for IoT Devices. “Location Based Services” means location enabled or location aware products and services that access the Device Location APIs to retrieve Location Information of devices. “Location Information” means data that can be used to describe, determine or identify the location of a device. Location Information may be presented in many forms such as latitude/longitude data, cell site/sector data, WiFi SSID, device signal strength or other format regardless of accuracy, type or source. Subject to these terms, you may access and use Device Location APIs to develop, use and/or provide a Location Based Service.
Location Based Services must comply at all times with these Terms and all applicable federal, state and local government laws, criminal, civil and statutory laws, rules and regulations, industry practices, third party guidelines, policies and requirements, including but not limited to (a) all applicable consumer protection, marketing, data security, export and privacy laws, (b) Federal Trade Commission Privacy Initiatives, and (c) the CTIA Best Practices and Guidelines for Location Based Services.
You may not access, use, copy, store or disclose any Location Information pertaining to a device owned or managed by your End User (including the business or organization represented by your End User) unless you obtain the consent to do so from that End User. When you obtain consent, you must provide clear, conspicuous and comprehensive notice about how Location Information will be accessed, used, copied, stored, collected or disclosed by you and/or other third parties. Further, you will ensure that such notice is obtained prior to your provision of Location Based Services. If your End User denies, revokes or withdraws consent, you may not access or collect that End User’s Location Information or perform any other actions for which the End User’s consent has been denied, revoked or withdrawn. Location Information obtained from Device Location APIs that relate to devices owned by your End Users may be accessed and used only for the purposes to which those End Users have consented and only so long as notice, consent and all other requirements have been satisfied and maintained. You will immediately delete Location Information stored your systems or otherwise in your possession upon request from End Users.
You shall make no representation of accuracy, completeness or timeliness of Device Location Information or the location capabilities of any Location Based Service that connects to the Device Location APIs.
You shall design, develop, build, operate and maintain all Location Based Services to sufficiently mitigate security threats including, but not limited to: (a) fraudulent, improper or unauthorized access, use or disclosure (b) unauthorized changes, (c) disruptions or denial of service, (d) escalation of user privilege, and (e) degradations of any Verizon service.
Software Management Services APIs
Software Management Services APIs are Premium Services to be used in conjunction with IoT Devices. You may access and use Software Management Services APIs only in conjunction with IoT Devices that operate the 4G LTE Network and support the OMA DM standard. Software Management Services APIs will not operate with any other devices.
Software Management Services APIs enable you to check the version of firmware installed on an eligible IoT Devices and, if a firmware upgrade is available, update that firmware remotely.
Software Management Services APIs may be available for purchase and use under a monthly subscription plan or, by default, an event-based plan, as further described on the ThingSpace site. If you purchase a monthly subscription to use Subscription Management Services APIs, you will obtain licenses that you may assign to eligible IoT Devices. Each license may be assigned to a single eligible IoT Device. Note that if you purchase a subscription plan for Software Management Services APIs, you are responsible for paying subscription fees whether or not you assign or use purchased licenses. If you choose to purchase a subscription plan for Software Management Services APIs, you are entirely responsible for purchasing and assigning the appropriate number of licenses to meet your needs for your IoT Devices.
If you elect to use Software Management Services APIs to update firmware for IoT Devices without licenses, either because you have not purchased licenses or because you have not assigned licenses to those IoT Devices, then you will be charged per-event fees for those firmware update transactions.
Your use of Software Management Services APIs, including all associated fees, is entirely your responsibility.
Your use of the Verizon Cloud APIs, SDKs and related code and documentation made available on ThingSpace (the “Verizon Cloud Tools”) is subject to the terms and conditions set forth in this section. We may provide you with the option to create a Verizon Cloud account to use solely in connection with the Verizon Cloud Tools (“Developer Account”). Use of the Developer Account is also subject to the Developer Account Terms, which are incorporated into these Terms.
You will use the Verizon Cloud Tools solely for the limited purposes described in this section, and only as expressly authorized in these Terms. You will not access, attempt to access, or facilitate, enable or allow access by any third party, to the Verizon Cloud service, or to content stored in the Verizon Cloud service (the “Verizon Cloud Content”), in any manner other than through use of the Verizon Cloud Tools as expressly permitted under the Terms. You acknowledge and agree that we do not own or endorse, and are not obligated to monitor Verizon Cloud Content. We expressly disclaim all liability for Verizon Cloud Content and for use of Verizon Cloud Content by you, your End Users or anyone else.
You may use the Verizon Cloud Tools solely to enable your End Users to access and use their own Verizon Cloud Content, subject to the successful completion of the following steps: (i) Verizon has authenticated Your End User as a valid Verizon Cloud user, and (ii) your End User has consented to allow your Application or Device to use the Verizon Cloud Tools to access your End User’s Verizon Cloud Content. You agree that your End Users may revoke consent at any time and for any reason, and that you will not take any action or enable or permit any third party to take any action that is inconsistent with such revocation. You may not charge your End Users fees or require other consideration to use any feature or service made available through the Verizon Cloud Tools.
We have no obligation to provide you or your End Users with support, software upgrades, enhancements or modifications to the Verizon Cloud Tools ("Support"). You understand and agree that you are solely responsible for providing technical and other assistance to Your End Users for your Application or Device. If we elect in our discretion to provide Support, we may terminate Support at any time without notice to you or your End Users for any or no reason.
We may make available on ThingSpace a downloadable image of a Verizon logo for use in connection with the Verizon Cloud Tools as expressly authorized in this section (the “Approved Logo”). We grant you a limited, nonexclusive, nontransferable, nonsublicensable, revocable, royalty-free license during the term of the Services to display the “Verizon Cloud” name or the Approved Logo in your Application solely to notify your End Users about or enable their access to services made available through use the Verizon Cloud Tools in your Application or Device. For example, your End Users may click on the Approved Logo in your application to initiate the authentication and consent steps described above. Your use of the “Verizon Cloud” name or the Approved Logo, including any related goodwill, will inure to the benefit of Verizon. This license is subject to your continued compliance with the Terms, and any related requirements included in the Verizon Cloud Tools.
Your use of the MapQuest, Inc. (“MapQuest”) APIs and related code and documentation made available on ThingSpace (the “MapQuest Tools”) is subject to the Terms, including this section. The MapQuest Tools are intended for developers based in the United States. If you are located in another country, please visit https://developer.mapquest.com/.
You are responsible for the access code(s) assigned to you. Access codes are the confidential property of MapQuest and may be changed by MapQuest at any time. You may use geocodes only in conjunction with a MapQuest map.
You may use the MapQuest Tools only in conjunction with Approved Devices. “Approved Device” means a portable multifunction consumer device (MCD) that is capable of receiving and transmitting voice and/or data via a cellular network or internet protocol or that may otherwise utilize one or more sensors, each of which is contained within the device. The primary function of such MCD may not be map display, routing or turn-by-turn navigation. Approved Devices include, without limitation, mobile phones, smart phones, PCs, laptops, tablets, game consoles, PDAs and fitness products, but exclude personal navigation devices and in-vehicle products.
In using the MapQuest Tools, you may not do any of the following:
MapQuest, Inc. and TomTom North America, Inc. shall each be a direct and intended third party beneficiary of these Terms with respect your access and use of the MapQuest Tools.