TERMS OF USE
Welcome to the geospatialtech.com ("Site")
When you ("You" or "User") use this Internet
web site and its related services, you agree to the following
terms and conditions (the "Agreement"). GeoSpatial
Technologies, Inc. dba geospatialtech.com ("GeoSpatial
Technologies" or "we") may revise or amend
these terms from time to time, at our sole discretion, by
updating this posting. Unless otherwise provided below, the
revised terms will take effect when they are posted. BY CONTINUING
TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND
BY THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF.
This Site is intended to be used by Adults Only.
You may not use this site unless you are at least 13 years
old.
It is Free for Now.
GeoSpatial Technologies does not currently charge for services
on the Site, but reserves the right to do so in the future.
We may modify or discontinue this Site and the services available
at it without notice.
Guard Your Password
GeoSpatial Technologies provides member services that may
be accessed by using a password. If You are a member services
user ("Member User"), You agree to safeguard the
user name and password You use to access this Site. You authorize
us to assume that any person using the Site with Your user
name and password either is You or is authorized to act for
You. You may use these member services only while You are
a registered user.
Provide Accurate Information
When asked to provide information, You agree that You will
provide true, accurate and complete information. You also
agree that You will maintain and update such information to
maintain its truth, accuracy and completeness. GeoSpatial
Technologies reserves the right to terminate Your use of the
Site upon the discovery that the information You provided
is not complete or accurate.
Privacy
Please see our Privacy Policy.
Geospatialtech.com is only a venue
Our Site acts as the venue for people to share information
and digital goods with each other. We provide infrastructure
to facilitate the sharing of information. We are not involved,
in any way, in the content of the information or digital goods
that are shared between users, members and advisors. We do
not create the content or review the content or in any way
endorse, warranty, or guarantee its quality or accuracy. We
have no control over its quality, accuracy, or legality.
GeoSpatial Technologies does not control user or
expert information in any way.
We cannot nor do we try to control the information provided
by members that is made available through our system. By its
very nature, other people's information may be offensive,
harmful, or inaccurate, and in some cases will be mislabeled
or deceptively labeled. You agree to use caution and common
sense when using our site.
GeoSpatial Technologies does not control any materials
on other Sites.
The web site contains links to third party web sites or resources
that are maintained by others. These links are provided solely
as a convenience to you and not as an endorsement by GeoSpatial
Technologies of the contents on such third party web sites
or resources. GeoSpatial Technologies is not responsible for
the content of linked third party sites. You acknowledge and
agree that GeoSpatial Technologies is not responsible or liable
for (i) the availability or accuracy of such sites or resources;
or (ii) the content, advertising, or products on or available
from such sites or resources. If you decide to access linked
third party sites, you do so at your own risk.
Rights You Grant to GeoSpatial Technologies.
When You post information, text, files, links, software, or
other materials ("Content") to the Site, You are
granting, or warranting that the owner of such Content has
expressly granted, a royalty-free, perpetual, irrevocable,
fully sub-licensable, non-exclusive right to use, reproduce,
modify, transmit, distribute, perform, display and delete
such Content (in whole or in part) worldwide and/or to incorporate
such Content in other works in any form, media or technology
now known or later developed. GeoSpatial Technologies will
take reasonable precautions such that these rights are only
used for legitimate business purposes related to (i) transmission,
routing, or transient storage of communications, or (ii) management
or operation of the Site and/or related sites and services.
User Obligations.
You agree not to do any of the following while using the Site:
- violate any applicable law or regulation;
- post or transmit any Content that You do not have the
right to post or transmit under any law, contractual duty
or fiduciary relationship;
- post or transmit any Content that infringes a third party's
intellectual property rights, rights of publicity or privacy;
post or transmit any Content that is unlawful, untrue, harassing,
libelous, defamatory, abusive, tortious, threatening, harmful
(including but not limited to viruses, corrupted files,
or any other similar software or programs) or otherwise
objectionable;
- access, tamper with or use non-public areas of the Site.
Unauthorized individuals attempting to access these areas
of the Site may be subject to prosecution;
- tamper with postings of other users;
- gather and use information, such as other users' e-mail
addresses, available from the Site to transmit any unsolicited
advertising, "junk mail", "spam", or
"chain letters;"
- post false or misleading information about a product or
service;
frame or link to the Site except as permitted in writing
by GeoSpatial Technologies; or
- impersonate or misrepresent Your affiliation with any
person or entity.
Unedited Third Party Content and Monitoring.
GeoSpatial Technologies is a distributor (and not a publisher)
of unedited content supplied by third parties and users of
this Site. GeoSpatial Technologies has no editorial control
over such content. Any opinions, advice, statements, services,
offers, or other information or content expressed or made
available by such third parties, including users, are those
of the respective author(s) or distributor(s) and not of GeoSpatial
Technologies. GeoSpatial Technologies neither endorses nor
is responsible for the accuracy or reliability of any unedited
opinion, advice, information, or statement made on this Site
by anyone other than authorized GeoSpatial Technologies employees
acting in their official capacities or third parties over
whom GeoSpatial Technologies exercises editorial control.
YOU UNDERSTAND AND ACKNOWLEDGE THAT GeoSpatial Technologies
DOES NOT MONITOR UNEDITED CONTENT FOR ACCURACY OR RELIABILITY.
Protection of Content Provided by GeoSpatial Technologies
and Its Licensors.
The Site contains trademarks and other material furnished
by GeoSpatial Technologies, its licensors, and other users.
You should assume that everything You see or read on the Site
which was not furnished by or received for You (such as images,
photographs, illustrations, text and other materials) ("Site
Content") is copyrighted unless otherwise noted. You
may not sell, reproduce, distribute, modify, display, publicly
perform, prepare derivative works based on, repost or otherwise
use any of the Site Content in any way for any public or commercial
purpose without prior written consent of GeoSpatial Technologies
or the rights holder. You may not use the Site Content on
any other web site or in a networked computer environment
for any purpose. In order to protect GeoSpatial Technologies's
and its Licensor's trade secrets, You agree that You will
not 'reverse engineer' any Site Content consisting of downloadable
software, unless specifically authorized by the trade secret
owner or otherwise permitted by law. If You violate any of
these terms, Your permission to use the Site Content will
automatically terminate, You must immediately destroy any
copies You have made of the Site Content, and we may end Your
authorization to use the Site.
Intellectual Property Policy.
GeoSpatial Technologies respects the intellectual property
of others and expects users of the Site to do the same. At
our discretion and in appropriate circumstances, GeoSpatial
Technologies may terminate the accounts of users or prevent
access to the Site by users who infringe upon the intellectual
property rights of others. Pursuant to 17 United States Code
512(c)(2) (Digital Millennium Copyright Act of 1998), GeoSpatial
Technologies's designated agent for notice of alleged copyright
infringement appearing on our site is:
Vic Lin
Myers, Dawes & Andras
650 Town Center Drive, Suite 650
Costa Mesa, CA 92626
Phone: 714.444.1199
Fax: 714.444.1198
To file a notice of infringement with us, you need to fulfill
the requirements specified in Title II of the Digital Millennium
Copyright Act of 1998. The text of this statute can be found
at the U.S. Copyright Office web site, http://lcweb.loc.gov/copyright
(visited April 5, 2000). Notices. GeoSpatial Technologies
will give You any necessary notices by posting them on the
Site. You authorize GeoSpatial Technologies to send notices
via electronic mail as well if GeoSpatial Technologies decides,
in its sole discretion, to do so. You agree to check the Site
for notices, and that You will be considered to have received
a notice when it is made available to You by posting on the
Site.
Your Relationship with Merchants Who Use the Site.
Your correspondence with merchants or advertisers found on
the Site, including payment and delivery of related goods
or service, and any other terms, conditions, warranties or
representations associated with such dealings, are solely
between You and such merchant or advertiser. You agree not
to hold GeoSpatial Technologies liable for any loss of damage
of any sort incurred as the result of any such dealings or
as the result of the presence of such merchants or advertisers
on the Site. Errors and Disclaimer of Warranties. We and our
content suppliers ("Content Providers") endeavor
to provide a convenient, accurate and functional Site. All
of the information contained on the Site is obtained from
sources that we believe are accurate and reliable. However,
the Content Providers do not guarantee that the information
provided will be sufficient or appropriate for every individual
or situation. Consequently, YOU USE THE SITE AT YOUR OWN RISK.
THE INFORMATION PROVIDED MAY NOT BE ACCURATE, WORK FOR YOUR
PARTICULAR SITUATION BE SUITABLE OR APPROPRIATE FOR YOU. WE
STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER
AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE
INFORMATION THAT WE PROVIDE.
We also do not guarantee that the Site will be error free
or that it or the server that operates it are free of viruses
or other harmful components. We urge You to keep backup copies
of material, if any, that You maintain on or use with the
Site. If Your use of the Site results in the need for servicing
or replacing property, material, equipment or data, we are
not responsible for those costs.
Without limiting the foregoing, EVERYTHING ON THE SITE IS
PROVIDED TO YOU "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, SECURITY,
COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. Please note that some jurisdictions may
not allow the exclusion of implied warranties, so some of
the above exclusions may not apply to You.
GeoSpatial Technologies ALSO MAKES NO WARRANTY THAT THE SITE
WILL MEET USER'S REQUIREMENTS NOR DOES GeoSpatial Technologies
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE SITE.GeoSpatial Technologies MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE
OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
FROM GeoSpatial Technologies OR THROUGH THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity.
You agree to defend, indemnify, and hold harmless GeoSpatial
Technologies, its officers, directors, employees, agents,
and its Content Providers from and against any claims, actions
or demands, including without limitation reasonable legal
and accounting fees, made by any third party due to or resulting
from Your use of the Site or the Site Content or Your violation
of this Agreement.
Limitation of Liability
OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT
OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT IS LIMITED
TO ONE HUNDRED DOLLARS ($100.00). NEITHER GeoSpatial Technologies
NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR INDIRECT DAMAGES RESULTING FROM THE ADVICE FREELY SOUGHT
BY YOU AND/OR YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE
THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE.
You acknowledge that without these limitations, we could not
provide low cost and/or free access to the Site. Because some
jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above
limitation or exclusion may not apply to You.
Cancellation.
Member Users may cancel their registration at any time by
notifying us. We may cancel a Member User's registration if
that Member User does not visit the Site for an extended period
of time, or if we reasonably believe that Member User has
violated or acted inconsistently with the letter or spirit
of this Agreement, or violated our rights or those of another
party. Without limiting any other remedies, GeoSpatial Technologies
may suspend or terminate your membership at any time at our
discretion, with or without reason. Memberships will be terminated
for fraudulent activity of any kind or for noncompliance with
the rules and guidelines of the community. Additionally, your
privileges as a member on this Site may be terminated if you
earn multiple negative feedback, or if an unusual number of
user disputes, complaints, or dissatisfaction is associated
with your activities on the site. We will notify a Member
User if we cancel that Member User's account, unless in our
judgment giving notice would cause a risk of further violation
or damages. When a Member User's registration is canceled,
that Member User may no longer have access to messages, files
and other material that Member User keeps on the Site. The
material may be deleted. The provisions entitled "Errors
and Disclaimer of Warranties," "Indemnity,"
"Limitation of Liability," and "General Provisions"
will survive cancellation of a Member User's registration
General Provisions
You are responsible for compliance with applicable local laws,
keeping in mind that access to the Site Content may not be
legal by certain persons or in certain countries. If any part
of this Agreement is held to be unenforceable, the unenforceable
part shall be given effect to the greatest extent possible
and the remainder will remain in full force and effect. This
Agreement is personal to You and You may not transfer, assign
or delegate this Agreement to anyone without the express written
permission of GeoSpatial Technologies. Any attempt by You
to assign, transfer or delegate this Agreement without the
express written permission of GeoSpatial Technologies shall
be null and void. This Agreement will be governed by the laws
of California, U.S.A., without regard to its conflicts of
law provisions. Any dispute You may have with respect to this
Site must be commenced within one year after it arises, or
the cause of action is barred. The paragraph headings in this
Agreement, shown in boldface type, are included to help make
the agreement easier to read and have no binding effect. The
Agreement comprises the entire agreement between You and GeoSpatial
Technologies with respect to the use of the Site and supersedes
all prior agreements between the parties regarding the subject
matter contained herein. We suggest that You print out a copy
of this Agreement for Your records.
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