Terms of Use


BY USING THIS WEBSITE YOU AGREE THAT YOU UNDERSTAND, ACCEPT AND AGREE TO THESE TERMS OF USE AND THE GEOACT SOFTWARE PRIVACY STATEMENT. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

Disclaimers

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.

Agreement to Terms of Use

The follow terms and conditions of use (From now “Terms of Use”) apply to the GeoAct Software website www.geo-act.com, and all associated websites linked to GeoAct Software, its subsidiaries and affiliates. The website is the property of GeoAct Software International, LLC. (From now “GeoAct Software”).

GeoAct Software reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use and its changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, GeoAct Software grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Website Use

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.

Website Content

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.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without GeoAct Software’s express prior written consent.

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.

Visitor Accounts

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

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

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.

Website Privacy

GeoAct Software’s Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

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.

If, notwithstanding the other provisions of these Terms of Use, GeoAct Software is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any Content, GeoAct Software’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Website paid in the six months prior to the date of the initial claim made against GeoAct Software (but not including the purchase price for any GeoAct Software hardware or software products or any GeoAct SoftwareCare or similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Violation of These Terms of Use

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 acknowledge and agree that GeoAct Software may preserve any transmittal or communication by you with GeoAct Software through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or GeoAct Software determines that such preservation or disclosure is reasonably necessary to: comply with legal process, enforce these Terms of Use, respond to claims that any such data violates the rights of others, or protect the rights, property or personal safety of GeoAct Software, its employees, users of or visitors to the Website, and the public.

You agree that GeoAct Software may, in its sole discretion and without prior notice, terminate your entry to the Website and/or block your future entry to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to GeoAct Software, for which monetary damages would be inadequate, and you consent to GeoAct Software obtaining any injunctive or equitable relief that GeoAct Software deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies GeoAct Software may have at law or in equity.

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.

If GeoAct Software does take any legal action against you as a result of your violation of these Terms of Use, GeoAct Software will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to GeoAct Software. You agree that GeoAct Software will not be liable to you or to any third party for termination of your entry to the Website as a result of any violation of these Terms of Use.

Indemnity

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.

Dispute Resolution

You agree that all matters relating to your entry to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in El Paso County, Texas, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between GeoAct Software and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

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.

Miscellaneous

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.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and GeoAct Software with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and GeoAct Software with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with GeoAct Software, GeoAct Software will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. GeoAct Software’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by GeoAct Software of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between GeoAct Software and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

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.

Contact

law@geo-act.com
Updated by the law attorney of GeoAct Software on March 2016.