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Geocaching.com API License Agreement

Last Updated on May 8, 2012

This Geocaching.com API License Agreement ("Agreement" or "License Agreement") contains the terms and conditions that govern your ("Licensee" or "You") use of the Geocaching.com API and data feed. This is a legal agreement between You and Groundspeak, Inc. ("Groundspeak"). By accepting these terms or using or accessing the AuthCodes, you are representing that you have the authority to bind the party being issued a set of authentication codes ("AuthCodes") consisting of a ConsumerKey and ConsumerSecret for the Geocaching.com API. In exchange for use of and access to AuthCodes for the Geocaching.com API, you agree to be bound by the Terms of the License Agreement.

The goal of the Geocaching.com API program is to allow trusted third parties to develop applications and services using the geocaching.com dataset which will primarily serve Groundspeak Premium Members. The API is provided royalty free, so that developers can generate revenue (or not) as they see fit, without having to pay royalties to Groundspeak. Although some level of services are provided for Groundspeak Basic Members via the API, the goal is to make those Basic Member services available for introductory experiences within applications and services. It is Groundspeak's goal for Basic Members who enjoy the introductory experiences to upgrade to Premium Membership for full application/service access.

The Geocaching.com API, all AuthCodes, and the API specifications are the intellectual property and proprietary information of Groundspeak. Any right to use, copy, or to retain a copy of the Geocaching.com API or API specifications is subject to and contingent on your full compliance with the License Agreement and applicable law. If you violate any part of the License Agreement, your access to the Geocaching.com API may be suspended or terminated without notice. If you wish to terminate all or part of the License Agreement, you must cease all use of the Geocaching.com API.

1. Definitions

Groundspeak operates geocaching.com, a website dedicated to Geocaching which involves individuals and organizations setting up geocaches and sharing the locations of these caches on the internet, and geocaching participants ("End-Users") utilizing the location coordinates to find the caches. In order to provide developers with easy access to geocaching.com data and services, Groundspeak maintains an API ("Geocaching.com API") using personalized AuthCodes to provide access to Licensee operated websites or applications that are dedicated to extending the geocaching.com experience ("Geocaching.com Client").

Groundspeak offers free accounts to End-Users and also offers a Premium Membership payable quarterly or annually which allows End-Users to access additional features including, but not limited to, Geocaching maps, member only caches, pocket queries, caches along a route, paperless caching, favorites functionality, and instant log notifications. Groundspeak provides, through the Geocaching.com API, an authentication method for validating the Premium Membership status of Geocaching.com End-Users for use by Geocaching.com Clients ("Premium Member Verification"). This verification method shall be used by Licensee to distinguish between Premium Members and Basic Members.

For purposes of this Agreement, the following are defined terms:

"Intellectual Property" means any patents, copyrights, trademarks and service marks, trade secrets, moral rights and any other intellectual property rights arising at any time under the laws of any jurisdiction.

"PII" means any information (including name, address, phone number, fax number, email address or domain, social security number or other government issued identifier, and credit card information) that does or can be used to identify , contact or locate an individual or from which the identification or contact information of an individual can be derived.

2. Your Relationship With Groundspeak

2.1 Your enrollment in the Geocaching.com API program or any subsequent use of the AuthCode for your application and service are subject to the terms of a legal agreement between you and Groundspeak. This document explains how the agreement is made up, and sets out the terms.

2.2 Unless otherwise agreed in writing with Groundspeak, your agreement with Groundspeak will always include, at a minimum, the terms set out in this agreement.

2.3 Your agreement with Groundspeak may also include the terms of any Legal Notices applicable to the Geocaching.com API ("Additional Terms"), in addition to the Terms of this License Agreement. Where Additional Terms apply to the API, these will be accessible for you to read either within, or through your use of, that Service. The Additional Terms include, but are not limited to, the Geocaching.com API Specifications currently found at https://staging.api.groundspeak.com/Live/v6beta/geocaching.svc/help, which shall be updated from time to time by Groundspeak and posted in the API Forums.

2.4 These Terms, together with any Additional Terms, form a legally binding agreement between You and Groundspeak in relation to your use of the Geocaching.com API and the AuthCode. You agree that any updates or revisions provided by Groundspeak in the API Forums are binding on you and that your continuing use of the AuthCode is an acceptance of such updates.

2.5 In the event of a contradiction between these Terms and any Additional Terms, the Additional Terms will take precedence in relation to that Service.

3. Enrollment in the API Program

3.1 In order to use the Geocaching.com API and receive an AuthCode, You must first submit an Enrollment Form and agree to these Terms. You may not use the Geocaching.com API or an AuthCode if you do not accept these terms.

3.2 By submitting an Enrollment Form or using the Geocaching.com API, You understand that Groundspeak will treat these actions as acceptance of the Terms from that point onward.

3.3 To begin the enrollment process you must submit and complete an accurate Enrollment Form. In your Enrollment Form you must indicate the application or website you intend to develop and use with the Geocaching.com API. Groundspeak may reject your Enrollment Form if your application is determined to be unsuitable for any reason. Reasons for rejection of an Enrollment form include, but are not limited to, applications that:

a) Do not have as their principal purpose extending the core experience of geocaching.com;
b) Promote or contain sexually explicit materials;
c) Promote violence or contain violent materials;
d) Promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
e) Promote or commit illegal activities;
f) Include a trademark owned by Groundspeak in the domain name of a URL;
g) Improperly use a Groundspeak logo or trademark;
h) Do not provide adequate protection of PII in Groundspeak's consideration; i) Or otherwise violate the Intellectual Property rights of Groundspeak or another entity.

3.4 If Groundspeak rejects your Enrollment Form, you may reapply at any time. However, if Groundspeak accepts your Enrollment Form and later determines that the Enrollment form was unsuitable, Groundspeak may terminate this License Agreement.

3.5 You will ensure that all of the information included in your Enrollment form, including contact information and the description of your application, is at all times complete, accurate, and up-to-date.

4. Using the API

By submitting an Enrollment Form, making calls to the Geocaching.com API, or accessing any associated data feed, you agree to comply with the following requirements:

4.1 You may use the Geocaching.com API to develop and distribute software or websites only in accordance with the terms and conditions of this agreement. Any software or website developed with or using the Geocaching.com API must meet the criteria set forth in these Terms.

4.2 You will use any trademarks or logos or other Intellectual Property owned by Groundspeak in the manner required by the Trademark and Logo Usage Guidelines found at http://www.geocaching.com/about/logousage.aspx or as further agreed between You and Groundspeak in writing.

4.3 You will use any information acquired through the Geocaching.com API only i) as required by applicable law; ii) in accordance with the terms of this Agreement and within the express scope of license granted in Section 5; and iii) as an extension of the Geocaching.com End-User experience.

4.4 You will use each AuthCode provided for only one application or website, limited to one platform or operating system. Any additional use of an Authentication Code must be approved through a separate Enrollment Form application.

4.5 You will attribute any use of the Geocaching.com API in a website or application with the following text: "Powered by Geocaching Live." You will include the "Powered by Geocaching Live" logo attached herein as Exhibit A and link the logo to www.geocaching.com/live.

4.6 You will follow the guidelines in the Geocaching.com API Specifications referenced in section 2.3 above. You will use the Premium Member Verification when providing access to all features that are defined as Premium Member Features in the Geocaching.com API Specifications and the attached Schedule A annexed hereto.

4.7 You will not use the Geocaching.com API to retrieve any data specific to a particular End-User account without an express request by that user in the currently active session of your Geocaching.com Client. At the direction of Groundspeak, you will remove or delete any PII and you must have all permissions required by applicable law to obtain or use any PII. This restriction does not apply to Geocaching.com public profile data of other users provided that each public profile data request is an individual End-User request for the data from one (1) public profile, as opposed to a bulk request for the data from multiple public profiles. Acceptable requests include those generated, for example, by an End-User clicking the author of a log, or the owner of a geocache, to view additional public profile information about that individual.

4.8 When registering new users through the Geocaching.com API, you will provide them with a complete, current and unedited copy of the Geocaching.com Terms of Use, found at http://www.geocaching.com/about/termsofuse.aspx, for their review and approval before submitting their registration through the Geocaching.com API.

4.9 You will comply with the conditions of the geocaching.com Privacy Policy set forth in the geocaching.com Terms of Use found at http://www.geocaching.com/about/termsofuse.aspx. Any customer information acquired through the API or submitted by an End-User through the use of a Geocaching.com Client must be held in confidence in accordance with this policy. You must maintain and observe a Privacy Policy for your application that is consistent with and provides at least the level of protection of the Geocaching.com Privacy Policy. In the event of a data breach involving PII, you must notify Groundspeak of such breach, providing specific details regarding the nature of the breach and information compromised, and take all actions as directed by Groundspeak or as required by applicable law.

4.10 You will not share users' home coordinates obtained via the Groundspeak API with anyone other than the individual whose coordinates they are.

4.11 You will promptly remove any API integration from your application or website if requested to do so by Groundspeak.

4.12 You will not include on your website, application, or otherwise use the Geocaching.com API in connection with spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or electronic device.

4.13 You will not interfere or attempt to interfere in any manner with the functionality or proper working of the Geocaching.com API. You will not compile or use the Geocaching.com API for the purpose of direct marketing, spamming, unsolicited contacting of End-Users, or other advertising activities.

4.14 You will not use any other data from Geocaching.com or publish any data to Geocaching.com that is not provided through the Geocaching.com API without the express, written consent of Groundspeak. This includes, but is not limited to, data acquired via site scraping, robots or other similar methods. Notwithstanding the above, Geocaching.com generated GPX files may be imported into a Licensee Application.

4.15 You will not issue any press release or public communication with respect to this Agreement, the Geocaching.com API, or your relationship with Groundspeak without prior written consent from Groundspeak. You will not misrepresent or embellish, whether explicitly or through implication, the relationship between You and Groundspeak.

4.16 You will not attempt to modify, alter, tamper, repair, or otherwise create derivative works of geocaching.com or the Geocaching.com API. You will not reverse engineer, disassemble, decompile, or otherwise derive any source code of or relating to geocaching.com and the Geocaching.com API.

4.17 You will not, without the express, written approval of Groundspeak, sell, resell, distribute, sublicense, or transfer your access to the Geocaching.com API or your AuthCode.

4.18 You will use all reasonable efforts to keep all Geocaching.com API data in a secure environment at all times according to commonly acceptable security standards for enterprise data, and an environment at least as secure as that of your own enterprise data. All data must be at least as secure as the protocol being accepted by the Geocaching.com API servers.

4.19 You will provide Premium Members and Basic Members with features and functions in accordance with the Geocaching.com API Specifications and Limitations detailed in Schedule A, annexed hereto and hereby incorporated by reference into this Agreement. Schedule A may be modified from time to time by Groundspeak in its sole discretion and you will follow any such modifications or updates.

4.20 No anonymous access to API enabled features, functions or API provided data is permitted. Each user of Licensee application or service must submit their Geocaching.com username and password via OAuth in order to access any data via the API.

4.21 You will use the 'Get Profile' API method to determine the End-User's Premium or Basic Member status when in network on application start or application resume. When submitting a Get Profile request, You may be required to include additional information regarding the End-User device including, but not limited to, Platform, Model, Operating System Version, and Application version.

4.22 In the event that Groundspeak releases a new API version, Groundspeak will provide notice to Licensees using the email address we have on file for You. Thereafter, you will upgrade your application to use the latest production version of the API as soon as possible. Groundspeak reserves the right to eliminate support for previous API versions in its sole discretion.

4.23 At the request of Groundspeak, and no more than once per quarter, you will provide access to all information, systems, and records as requested by Groundspeak to demonstrate your compliance with this section and the Agreement.

5. License to Use; Geocaching.com API

5.1 Subject to the terms of this Agreement and solely for the limited purpose of extending the geocaching.com experience through a Geocaching.com Client, Groundspeak grants You a limited, revocable, non-transferable, non-sub-licensable, non-exclusive, royalty-free license to a) copy and display geocaching.com information using the Geocaching.com API and b) access and use the Geocaching.com API in accordance with this Agreement. This license will immediately terminate if at any time you do not comply with any obligation under this agreement, or otherwise upon termination of the agreement. Regardless of termination, You will immediately stop use of the Geocaching.com API and any information accessed via the Geocaching.com API as requested by Groundspeak.

5.2 Groundspeak may change, suspend, or discontinue any portion of the Geocaching.com API, or any service offered in connection with the Geocaching.com API, at any time. Groundspeak may also impose limits on certain features offered through the Geocaching.com API with or without notice.

5.3 The Geocaching.com API and all content available through the Geocaching.com API are protected by applicable Intellectual Property laws, and are for personal and noncommercial use by End-Users. All rights not expressly granted in this Agreement are reserved by Groundspeak or by the respective owners of the Intellectual Property rights. All materials available on or through the Geocaching.com API, other than user submissions, are the property of Groundspeak or of its licensors and are protected by Intellectual Property laws. Groundspeak reserves the right to impose Additional Terms upon Your use and viewing of the Geocaching.com API, and any such terms and conditions may be posted in connection with the Geocaching.com API. If you have any questions, contact us at apihelp@groundspeak.com.

5.4 In the event that Groundspeak determines that your application or service is negatively impacting the Geocaching.com API, other Geocaching.com API Licensed Applications, or Geocaching.com Users, Groundspeak reserves the right to limit or suspend your use of the API while we address those issues.

6. License to Use; Licensee Intellectual Property

Licensee grants Groundspeak a limited, non-exclusive license during the term of this Agreement to reproduce Licensee's trademarks and copyrighted material in advertisements and other promotional materials relating to approved Geocaching-Live enabled applications or services in accordance with such standards for use of its trademarks or copyrights as may be established from time to time by Licensee. Such license shall expire immediately upon the expiration or termination of this Agreement except to the extent the trademarked or copyrighted materials are embedded or contained in existing materials previously created by Groundspeak. All goodwill arising from Groundspeak's use of Licensee's trademarks shall inure solely to the benefit of Licensee. All advertisements and other promotional materials using Licensee's trademarks which are prepared by Groundspeak shall include an appropriate notice indicating that such trademarks are the property of Licensee. Groundspeak shall not register any of Licensee's trademarks or any mark or name closely resembling them. Groundspeak shall not register in any Internet domain any domain name which incorporates as any part of such domain name the Licensee name or any other trademark used by Licensee.

7. License to Use; Groundspeak Intellectual Property

Groundspeak grants Licensee a limited, non-exclusive license during the term of this Agreement to reproduce Groundspeak's trademarks or copyrighted materials in advertisements and other promotional materials in accordance with such standards for use of its trademarks as may be established from time to time by Groundspeak. Such use shall be limited to Groundspeak approved Geocaching-Live enabled applications or services. Groundspeak further grants Licensee a limited, non-exclusive, license to distribute Geocaching data to Licensee End-Users, as specified in this Agreement. Such licenses shall expire immediately upon the expiration or termination of this Agreement. All goodwill arising from Licensee's use of Groundspeak's trademarks or copyrighted materials shall inure solely to the benefit of Groundspeak. All advertisements and other promotional materials using Groundspeak's trademarks or copyrighted materials which are prepared by Licensee shall include an appropriate notice indicating that such trademarks or copyrighted materials are the property of Groundspeak. Licensee shall not register any of Groundspeak's trademarks or any mark or name closely resembling them. Licensee shall not register in any Internet domain any domain name which incorporates as any part of such domain name the Groundspeak name or any other trademark used by Groundspeak. Licensee shall submit to Groundspeak and Groundspeak shall review all Licensee materials which incorporate Groundspeak's name, copyrighted materials and/or Trademarks. Groundspeak shall have the right to approve or deny all use of its name, copyrighted materials and/or Trademark's on Licensee's website, service, application, or marketing materials in its sole discretion.

8. Logo, Trademark and Copyrighted Cache Icon Usage

The Groundspeak and Geocaching logos are propriety to Groundspeak, and Groundspeak retains all right, title, and interest in and to those logos. You agree that Your use, if any, of the Groundspeak and Geocaching logos and any other Groundspeak trademarks will be in accordance with Groundspeak's Trademark and Logo Usage Guidelines posted at http://www.geocaching.com/about/logousage.aspx, as the foregoing may be updated from time to time in Groundspeak's sole discretion, as well as any Additional Terms that Groundspeak may post on the Site. The Groundspeak Geocaching.com Geocache Icons may be used by Licensee to represent the appropriate Geocache types within Licensee Application for geocaching.com hosted geocaches. If Licensee chooses to use such icons within License Application, Licensee shall include the following attribution statement: "Groundspeak's Geocaching.com Cache Type Icons © 2011 Groundspeak Inc. All rights reserved. Used with Permission."

9. Termination

9.1 The Terms will continue to apply until terminated by either you or Groundspeak as set out below. Sections 4, 5, 10, 11, 12, 13 and 14 will survive the termination or expiration of this Agreement.

9.2 If you want to terminate your legal agreement with Groundspeak, you may do so by ceasing your use of the Geocaching.com API and any data retrieved using the Geocaching.com API.

9.3 Any licenses contained in this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement. Groundspeak may at any time, terminate its legal agreement with you if:

a) you have breached any provision of the terms; or
b) have acted in a manner which clearly shows that you do not intend, or are unable, to comply with the Terms; or
c) Groundspeak is required to do so by law; or
d) Groundspeak is no longer providing the Services to users in the country in which you are a resident or from which you use the service; or
e) the provision of the Services to you by Groundspeak is, in Groundspeak's opinion, no longer commercially viable.

9.4 Upon any termination or notice of any discontinuance, you must immediately stop and thereafter desist from using the Geocaching.com API or distributing or developing Geocaching.com Clients and return of destroy any PII or other Intellectual Property or other information of Groundspeak at Groundspeak's direction.

10. Indemnity

10.1 You agree to, at your own expense, indemnify and hold Groundspeak, its officers, employees, agents and volunteer administrators harmless against any and all losses, claims, damages, and expenses (including reasonable attorneys' fees) that Groundspeak may incur in connection with: (a) Your breach of any of the terms of this Agreement; (b) any claim by a third party that your use of Intellectual Property breaches any Intellectual Property rights or (b) Your use of the Geocaching.com API or any of your activities related to that use

10.2 Groundspeak shall, at its own expense, defend, indemnify and hold Licensee harmless from and against any and all claims, damages, losses, demands, costs and expenses that any Groundspeak trademark, copyright or other proprietary right infringes or misappropriates a third party's Intellectual Property rights.

10.3 Accordingly, You agree that You will be solely responsible for all activities that occur under your AuthCode. If you become aware of any unauthorized use of your account or have reason to believe your AuthCode has been compromised, you agree to notify Groundspeak immediately at apihelp@groundspeak.com and take any actions thereafter as may be directed by Groundspeak.

11. No Warranties

11.1 Neither Groundspeak, nor any successor, predecessor, agent, officer, or employee of Groundspeak, warrants the accuracy, reliability, or timeliness of any information or downloads published to or otherwise accessible via the Geocaching.com API ("API Information"). Groundspeak will not be liable for any damage or loss caused by Your reliance on the accuracy, reliability, or timeliness of API Information. Because of the number of possible sources of information available through the Geocaching.com API, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, or inaccuracies in the API Information. The API Information may include facts, views, opinions, and recommendations of individuals and organizations. Groundspeak does not endorse, assert, or guarantee the truthfulness or reliability of any such facts, views, opinions, or recommendations, nor any statements made by persons other than authorized Groundspeak spokespersons, including, without limitation, information contained in the forum areas of the Geocaching.com API. The Geocaching.com API may also contain links to one or more internet sites outside of the Site. Groundspeak is not responsible for the content of such outside internet sites and does not warrant the accuracy, reliability, or timeliness of any information or downloads posted on or obtained from such outside internet sites. You rely on the API Information at Your own risk.

11.2 THE GEOCACHING.COM API, AND ALL OTHER CONTENT PROVIDED WITH THE GEOCACHING.COM API, ARE PROVIDED TO YOU "AS IS", AND YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF THE SITE, THE SITE INFORMATION AND THE RESULTS AND PERFORMANCE OF THE SITE. GROUNDSPEAK HEREBY DISCLAIMS ALL WARRANTIES, DUTIES OR CONDITIONS (IF ANY), WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE GEOCACHING.COM API, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. GROUNDSPEAK GIVES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, AGAINST INFRINGEMENT, OR AS TO TITLE, OR THAT INFORMATION PROVIDED WITH THE GEOCACHING.COM API, THE GEOCACHING.COM API ITSELF, OR GROUNDSPEAK'S EFFORTS, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. FURTHERMORE, GROUNDSPEAK GIVES NO WARRANTIES AS TO THE AVAILABILITY OF THE GEOCACHING.COM API AT ANY PARTICULAR TIME; FUNCTIONALITY; TIMELINESS OF SERVICES; ACCURACY OR CURRENCY OF CONTENT; LACK OF VIRUSES; OR ANY OTHER WARRANTY.

12. Limitation of Damages

12.1 TO THE FULLEST EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT GROUNDSPEAK, ITS OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEER ADMINISTRATORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, DIRECT, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE GEOCACHING.COM API, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE. THIS LIMITATION AND EXCLUSION OF DAMAGES INCLUDES BUT IS NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN THE EVENT OF THE FAULT OF GROUNDSPEAK, OF TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY.

12.2 SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE OR ANY PORTION THEREOF IS NOT LEGALLY VALID, GROUNDSPEAK, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEER ADMINISTRATOR'S LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY TERMS AND CONDITIONS REFERENCED IN THIS AGREEMENT) INCLUDING FOR ANY DIRECT DAMAGES ARISING FROM YOUR RELIANCE ON GEOCACHING.COM API INFORMATION, WILL BE LIMITED TO U.S.$100.00 OR THE AMOUNT OF DIRECT DAMAGES INCURRED BY YOU IN RELIANCE ON THIS GEOCACHING.COM API OR ON SITE INFORMATION, WHICHEVER IS LESS. YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE GROUNDSPEAK, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEER ADMINISTRATORS FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.

13. Governing Law and Dispute Resolution

This Agreement will be governed by and construed in accordance with the laws of the State of Washington, without regard to the conflict of laws rules of any jurisdiction. The Parties shall first attempt in good faith to resolve any dispute arising out of or relating to this Agreement by negotiation. If the Parties are unable to resolve the dispute by negotiation, either Party shall have the right to submit the dispute to binding arbitration ("Arbitration"). Such Arbitration shall be conducted under the Judicial Dispute Resolution Arbitration Rules. The arbitrator will be selected by agreement of the Parties. If the Parties cannot agree on an arbitrator, an arbitrator will be designated in accordance with the Judicial Dispute Resolution rules. The arbitrator shall have the authority to award compensatory damages only. The award rendered by the arbitrator shall be final, binding and non-appealable, and judgment upon such award may be entered by any court of competent jurisdiction. Other than those matters involving injunctive relief as a remedy, including during a pending Arbitration, or any action necessary to enforce the award of the arbitrators, the provisions of this paragraph shall be a complete defense to any suit, action or other proceeding instituted in any court with respect to any dispute, controversy or claim arising out of or related to this Agreement, or the creation, validity, interpretation, breach or termination of this Agreement. Each Party shall be responsible for its own expenses, including legal fees, incurred in the course of the Arbitration. The fees of the arbitrator shall be divided evenly between the Parties. The Arbitration shall be conducted in Seattle, Washington, USA. The provisions of this paragraph will not prevent either Party from seeking (i) equitable relief regarding the other Party's breach of its confidentiality provisions of the Agreement or (ii) specific performance of the other Party's material breach of its obligations under this Agreement. Both Parties agree that, the existence of a dispute notwithstanding, they will continue without delay to carry out all their responsibilities under this Agreement that are not affected by the dispute.

Use of the Geocaching.com API is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. Groundspeak's and Your performance under this Agreement is subject to all applicable laws and regulations, and both parties agree that either party may comply (after providing maximum practicable advance notice to the other) with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement.

14. Attorney's Fees

In any formal action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party will be entitled to recover its costs, including reasonable attorneys' fees.

15. Changes to this Agreement

Groundspeak reserves the right to revise the terms of this Agreement at any time and from time to time. Each time You use the Geocaching.com API, You are bound by the version of this Agreement that is in effect and posted with the Geocaching.com API at the time of Your use. The most updated version of the API License Agreement can be viewed online at http://www.geocaching.com/live/api_license_agreement.aspx.

16. Severability; No Waiver; Entire Agreement.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the remaining provisions of the Agreement will remain in full force and effect, and the allocation of risk described herein will be given effect to the fullest extent possible. Groundspeak's failure to act with respect to a breach by You or others does not constitute a waiver of Groundspeak's right to enforce its rights with respect to subsequent or similar breaches. This Agreement, along with any Geocaching.com API guidelines or policies posted with the Geocaching.com API or otherwise provided to You by Groundspeak, constitutes the entire agreement between You and Groundspeak with regard to Your use of the Geocaching.com API.

Schedule A

API Restrictions & Call Limits

General Application Limits:

1. The limits on calls per user per method will be made available using the API call: GetApiLimits. These limits are subject to change by Groundspeak from time to time. If Licensee requires alternative limits for specific API calls, Licensee may request a modification of such limits and Groundspeak will render a determination in Groundspeak's sole discretion.

Premium Member vs. Basic Member Services:

1. Features and Geocaching Data provide through the API shall be available only to authorized geocaching.com account holders with the following limitations which are subject to change at the discretion of Groundspeak:

a. Basic Members shall be limited to viewing full geocache details for up to 3 Geocaches per day. Prior to viewing the full details for each of the 3 geocache listings, the Basic Member must be notified of this restriction using text supplied by Groundspeak or, in the absence of text supplied by Groundspeak, text which is substantially similar to the text displayed in Exhibit B.
b. Geocache search results for Basic Members shall be limited to Traditional Geocache Listings only.
c. Basic Members may request full geocache details for non-Traditional Geocaches using the GC reference code; however, they will remain subject to the limitation of 3 as set forth in section 1a above.

Exhibit A

Geocaching-Live Logo

Powered by Geocaching Live Powered by Geocaching Live Powered by Geocaching Live

Exhibit B

Basic Member Full Cache Details Request Example Text

As a basic member of geocaching.com you can download full details of 3 caches per 24 hour period. After downloading this cache you will have 1 cache remaining until Tuesday at 8:21 pm when the limit will be reset. Upgrade to Geocaching.com Premium Membership today for only US $30 per year to download the full details for up to 6000 caches per day, view all cache types in your area, and access many more benefits. Visit geocaching.com to upgrade.

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