GEOACT SOFTWARE DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT PREVIOUS NOTICE. GEOACT SOFTWARE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GEOACT SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GEOACT SOFTWARE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY GEOACT SOFTWARE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST GEOACT SOFTWARE FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized entry to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
GeoAct Software reserves the right to do any of the following, at any time, without notice: a) To modify, suspend or terminate operation of or entry to the Website, or any portion of the Website, for any reason; b) To modify or change the Website, or any portion of the Website, and any applicable policies or terms; and c) To interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to entry, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. GeoAct Software reserves the right to bar any such activity.
You may not attempt to gain unauthorized entry to any portion or feature of the Website, or any other systems or networks connected to the Website or to any GeoAct Software server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of GeoAct Software, including any GeoAct Software account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or GeoAct Software’s systems or networks, or any systems or networks connected to the Website or to GeoAct Software.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to GeoAct Software on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
All images, interfaces, text, trademarks, logos, artwork and computer code (From now “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Website is owned, controlled and licensed by GeoAct Software, and is protected by copyright and trademark laws of intellectual property rights and unfair competition laws.
You may use information on GeoAct Software products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by GeoAct Software for downloading from the Website, provided that you a) not remove any proprietary notice language in all copies of such documents, b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, c) make no modifications to any such information, and d) not make any additional representations or warranties relating to such documents.
Certain features or services offered on or through the Website may require you to open an account (including setting up an GeoAct Software ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify GeoAct Software immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by GeoAct Software or any other user of or visitor to the Website due to someone else using your GeoAct Software ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s GeoAct Software ID, password or account at any time without the express permission and consent of the holder of that GeoAct Software ID, password or account. GeoAct Software cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Purchases on the Website
GeoAct Software’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
GeoAct Software may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and GeoAct Software makes no commitment to update the materials on the Website with respect to such products and services.
Links on the Website
This Website may contain links to other independent third-party websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under GeoAct Software’s control, and GeoAct Software is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.
Limitation of Liability
Except where prohibited by law, in no event will GeoAct Software be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if GeoAct Software has been advised of the possibility of such damages.
GeoAct Software may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) GeoAct Software’s rights or property, or the rights or property of visitors to or users of the Website, including GeoAct Software’s customers. GeoAct Software reserves the right at all times to disclose any information that GeoAct Software deems necessary to comply with any applicable law, regulation, legal process or governmental request. GeoAct Software also may disclose your information when GeoAct Software determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that GeoAct Software may, in its sole discretion and without prior notice, terminate your entry to the Website, for cause, which includes (but is not limited to) a) requests by law enforcement or other government agencies, b) a request by you (self-initiated account deletions), c) discontinuance or material modification of the Website or any service offered on or through the Website, or d) unexpected technical issues or problems.
You agree to indemnify and hold GeoAct Software, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against GeoAct Software by any third party due to or arising out of or in connection with your use of the Website.
Void Where Prohibited
GeoAct Software administers and operates the www.geo-act.com Website from its location in El Paso, Texas, USA; other GeoAct Software websites may be administered and operated from various locations outside the United States. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. GeoAct Software reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to entry the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
GeoAct Software provides entry to GeoAct Software international data and, therefore, may contain references or cross references to GeoAct Software products, programs and services that are not announced in your country. Such reference does not imply that GeoAct Software in your country intends to announce such products, programs or services.
Updated by the law attorney of GeoAct Software on March 2016.