The terms and conditions governing your use of the threat assessment, data, content and other services (collectively, the "Services") provided by GeoSure Global LLC (“GeoSure”) as part of the threat assessment software platform, website, and other software applications and functionalities through which the Services are accessed (collectively, the “Site”) are set forth in these Terms and Conditions of Use ("T&Cs"). Please read these T&Cs carefully before you use the Services or the Site. By using the Services or accessing the Site you ("you" or "your," as appropriate) agree to be bound by the terms and conditions of these T&Cs, and any terms incorporated by reference herein. If you do not agree to the terms of these T&Cs, you must immediately cease using the Site and the Services.

Except as is provided in GeoSure’s privacy policy (which is incorporated into these T&Cs), GeoSure may update or change the governing T&Cs from time to time without notice. Such changes will be effective on the date that such modified T&Cs are posted on the Site, which is located at www.geosureglobal.com. USE OF THE SITE OR SERVICES AFTER SUCH CHANGES HAVE TAKEN EFFECT CONSTITUTES ACCEPTANCE OF ALL CHANGES.

Please also note that if GeoSure determines at any time that you have abused or violated any of these terms, conditions and guidelines, GeoSure reserves the right to terminate your access to the Site and Services immediately without notice.

User Name, Password, and Security

You are responsible for maintaining the confidentiality of your user name and password, and you are solely responsible for all activities that occur under your user name and password. You agree to immediately notify GeoSure of any unauthorized use of your user name and password or any other breach of security related to the Site. GEOSURE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.

Eligibility

The Services and the Site are available only to individuals or entities who can form legally binding contracts under applicable law as well as individuals who are employees and affiliates of entities that have entered into a subscription or service agreement with GeoSure. Without limiting the foregoing, the Services and the Site are not available to minors. If you do not qualify, you may not use the Services nor the Site.

Privacy

GeoSure knows how important privacy is to its customers and is committed to honoring the privacy of its Site users. You can review GeoSure’s Privacy Policy, which is incorporated by reference into these T&Cs.

In order to ensure that GeoSure is able to provide high quality services that are responsive to customer needs, GeoSure employees may need to access your accounts and records on a case by case basis to investigate complaints or other allegations or abuse. GeoSure shall not disclose the existence or occurrence of such an investigation unless required by law.

The Site does not store credit card data. Any credit card data is submitted through an encrypted interface and passes through to the GeoSure payment processor.

In addition, any Contact information solicited on the registration form for the Site is not shared with third parties except in relation to GeoSure.

Links to Third-Party Sites

Some of the links on the Site may allow you to leave the Site. Third-party sites to which the Site may link ("Third-Party Linked Sites") are not in any way under GeoSure’s control, and GeoSure DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS, SERVICES, GOODS OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH SITES. Absent express language to the contrary, GeoSure does not intend links contained on the Site to be referrals to, or endorsements of, any Third-Party Linked Site or the entities that operate them, and such links are provided for convenience only.

Assumption of Risk

YOU AGREE THAT YOU USE THE SITE AND/OR ANY THIRD PARTY LINKED SITE AT YOUR OWN RISK. YOU FURTHER UNDERSTAND AND AGREE THAT GEOSURE DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE SITE OR THE SERVICES.

YOU AGREE THAT YOU USE THE SITE AND/OR ANY THIRD PARTY LINKED SITE AT YOUR OWN RISK. YOU FURTHER UNDERSTAND AND AGREE THAT GEOSURE DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE SITE OR THE SERVICES.

General Disclaimer

THE SITE, ALL THIRD PARTY LINKED SITES, AND ALL SERVICES, CONTENT AND MATERIALS PROVIDED IN THE SITE, ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE OF SUCH SITES, SERVICES, CONTENT AND MATERIALS IS AT YOUR OWN RISK. NEITHER GEOSURE NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER GEOSURE NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE (1) UNINTERRUPTED OR ERROR-FREE, (2) FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) SECURE, OR (4) AVAILABLE AT ANY TIME OR FROM ANY LOCATION. NEITHER GEOSURE NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, MAKES ANY WARRANTY OR REPRESENTATION REGARDING (1) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE SITE, (2) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE SITE, OR (3) THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SERVICES OR SITE. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.

Limitation of Liability – General

IN NO EVENT WILL GEOSURE, ANY OF ITS PARTNERS, PROVIDERS, AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, COMPENSATORY, OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR OTHER DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, THE SERVICES AVAILABLE ON THE SITE, ANY WEBSITES LINKED TO THE SITE, THE MATERIALS OR INFORMATION CONTAINED AT THE SITE OR THE FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A FUNDAMENTAL BASIS OF THESE T&CS AND GEOSURE WOULD NOT HAVE PERMITTED YOU TO USE THE SITE OR THE SERVICES ABSENT SUCH LIMITATIONS. Some jurisdictions do not permit the exclusion or limitation of liability. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.

Assumption of Risk in Connection with Traveling, Limitation of Liability for Injuries and other Damages

YOU, KNOWINGLY AND VOLUNTARILY, ASSUME ALL OF THE RISKS RELATING TO YOUR TRAVEL TO ANY DESTINATION IN WHICH YOUR USE OF GEOSURE IS CONNECTED IN ANY WAY (“Travel”), INCLUDING SERIOUS BODILY HARM OR DEATH. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, ANY FUNCTIONALITY CONNECTED THEREWITH, OR ANY INFORMATION AVAILABLE THROUGH THE SITE IS ONLY FOR INFORMATIONAL PURPOSES AND THAT ANY TRAVEL-RELATED DECISION, OR ANY DECISION TO ENGAGE IN ANY ACTIVITY OR TO REFRAIN FROM ENGAGING IN ANY ACTIVITY IS YOUR OWN DECISION, AND YOUR USE OF THE SITE OR ANY OF ITS FUNCTIONALITIES SHALL IN NO WAY CONSTITUTE A GUARANTY, REPRESENTATION, WARRANTY OR OTHER COMMITMENT OF ANY KIND BY GEOSURE REGARDING YOUR TRAVEL AND ANY RISK YOU MAY ENCOUNTER. YOU ACKNOWLEDGE THAT ANY TRAVEL ENGAGES RISK AND CIRCUMSTANCES OVER WHICH YOU HAVE NO CONTROL AND YOU ARE ENGAGING IN SUCH ACTIVITIES SOLELY ON YOUR OWN FREE WILL. YOU WILLINGLY WAIVE ANY AND ALL CLAIMS AGAINST GEOSURE IN CONNECTION WITH SUCH TRAVEL IN ANY AND ALL REGARDS. You understand and acknowledge that such risks include, but are not limited to: illness, infection, accidents having both man-made and natural causes, road and surface hazards, war, civil strife, strike, riot, terrorist acts or attempts, equipment failure, dangers arising from weather conditions, including but not limited to extreme heat, cold, humidity, ice, rain, or fog, inadequate safety measures, participating in mass events including festivities and public spectacles, events of force majeure and acts of god. You understand and acknowledge that these risks may cause harms including, but not limited to: bodily injury, ranging from minor to severe; illness or infection, ranging from minor to severe; physical and/or mental effects of exposure to extreme conditions and circumstances, ranging from minor to severe; temporary or permanent disability; paralysis; death; and property damage or loss. You understand that the risks of participating in any Travel may be caused in whole or in part by: your own actions or inactions; the actions or inactions of others; the actions or inactions of governments and other local authorities, whether or not such authorities are legally recognized or not. You agree that if you believe or become aware that any Travel decision is unsafe or poses unreasonable risk, you will refuse to participate until such risks are addressed to your reasonable satisfaction. You understand that it is your responsibility to continuously monitor your own physical and mental condition during your Travels, and you agree to consult a medical practitioner before participating in any Travel, especially if you are pregnant, disabled, or have recently suffered any illness, injury, or impairment. You attest that you are covered by medical insurance, individually or as part of an organization and that your use of GeoSure and its functionalities is not intended as a replacement of such insurance, including evacuation and emergency transportation insurance. You assume full responsibility for any injury, loss or damage associated with your use or consumption of alcohol and/or drugs at any point during your Travels. You understand the dangers associated with the use or consumption of alcohol and/or drugs and you recognize that such use or consumption might impair your judgment and motor skills.

You hereby waive, release and forever discharge GeoSure and all of its content providers, their officers, employees, directors, members, shareholders, representatives, agents, insurers and their assigns (the “Released Parties”) from any and all claims you may have arising out of your participation in any Travel. You covenant and agree not to sue any of the Released Parties for any such claims. In consideration of accessing and using any information provided by GeoSure, you hereby waive, release and forever discharge the Released Parties from any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which you have or may have in the future (including court costs, attorneys’ fees and litigation expenses), that may arise out of, result from, or relate to my participation in any Travel or travel to or from your chosen destination, that is in any way associated with your use of GeoSure’s functionalities (“Claims”). You understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions; and claims for medical or hospital expenses including evacuation and transportation costs. You understand and agree that the foregoing waiver, release and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any of the Released Parties. You understand that this waiver, release and discharge operates for yourself as well as on behalf of your spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on your behalf.

You hereby agree to indemnify, defend and hold harmless the Released Parties from any and all expenses incurred and claims made that relate to your breach of this Agreement. You hereby agree to indemnify, defend and hold harmless the Released Parties from any and all expenses incurred and all claims made by yourself or others (including but not limited to court costs, attorneys’ fees and litigation expenses) that arise out of or result directly or indirectly from your breach or failure to abide by any part of this Agreement, and/or any of your actions or inactions which cause injury or damage to any other person or property. You understand that this covenant to indemnify, defend and hold harmless operates for yourself as well as on behalf of your spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on your behalf.

Prohibited Uses

As a user of the Services or the Site, you agree to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Site to:

  1. Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
  2. Threaten, harass, defame, embarrass or distress any other person or group;
  3. Distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner’s consent;
  4. Use “auto-responders” or other similar mechanisms that generate excessive network traffic;
  5. Post or send any unlawful, harmful, defamatory, libelous, pornographic, obscene, vulgar or otherwise objectionable material;
  6. Post, send or relay any unsolicited advertising;
  7. Post or send any chain letters or pyramid schemes;
  8. Post or send any fraudulent or misleading offers of products, items, loans, or other services;
  9. Post any misleading, inaccurate or fraudulent information;
  10. Post any junk emails;
  11. Post unsolicited messages;
  12. Harvest or otherwise collect information about others, including email addresses, without their consent;
  13. Create a false identity or forged email address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; or
  14. Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Site through login password mining or any other means.

Proprietary Rights

Software. You acknowledge and agree that the Service and any GeoSure software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. GeoSure grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single device solely for the purpose of accessing the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by GeoSure for use in accessing the Service.

Trademarks

The trademarks appearing on the Site, including those of GeoSure are the property of their respective owners. GeoSure’s trademarks may be used only with the express written permission of GeoSure. The design and layout of the Site, and all other Websites owned, operated, licensed, or controlled by GeoSure or its subsidiaries, if any, are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the Site may be copied or retransmitted unless expressly permitted by GeoSure. Other product and company names mentioned on the Site may be the trademarks of their respective owners.

Copyright

All materials on the Site are copyrighted and are protected under state and federal law, as well as international treaties and the copyright laws of other countries. Except as expressly provided in the subscription or service agreement governing your use of the Services, GeoSure’s materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without GeoSure’s express written permission. All rights not expressly granted herein are reserved by GeoSure.

General

You may install and use the Site on your devices, including through the creation of bookmarks and shortcuts. You may not however create a publicly accessible link to the Site without our prior written approval. All rights not expressly granted in this Agreement are reserved to GeoSure. No other rights or licenses, whether express or implied, are conveyed or intended by this Agreement. You further agree that by uploading any material or other content in any form or media to the Site ("User Content"), you grant GeoSure a royalty-free, worldwide, perpetual license to display, distribute, reproduce, sublicense, and create derivatives of the User Content, in whole or in part, without further review or participation from you.

GeoSure encourages active users and reporting contributions. However, our moderators may delete any reports at their discretion, particularly any that are off topic. Defamatory, libelous, threatening, or otherwise illegal posts will be removed as well as any posts that are deemed abusive, or intentionally inflammatory. We also ask that you be respectful of all GeoSure users. GeoSure strives to build a safe and secure community for all of its members.

GeoSure reserves the right to edit or delete reports at our discretion. By submitting a report and/or photo, you give GeoSure the right to use, post, reproduce and distribute your report and/or photo at will.

Indemnity

You agree to indemnify, defend at your expense and hold harmless GeoSure, its telecommunications providers and service providers and its subsidiaries, affiliates, officers, directors, employees, consultants and agents, if any, from any and all third-party claims, and any and all liability, damages and costs (including, but not limited to, attorneys’ fees) arising from or relating to (i) your use of the Services and/or the Site, (ii) any content you post, email, transmit, or relay either to GeoSure or by use of the Services or the Site, (iii) your violation of the T&Cs, or (iv) your alleged infringement of any intellectual property or other right of any person or entity.

Changes to Site and Services

GeoSure reserves the right to change, suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any of the Site features, delivery services, databases or content. GeoSure may also impose limits on features or restrict access to parts of the Site.

Applicable Laws – Venue

Both you and GeoSure agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, will govern all matters relating in any way to these T&Cs or to your use of the Site, regardless of the actual location of any of your travels or the principles of conflict of laws. GeoSure makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from outside the State of New York do so on their own initiative and are responsible for compliance with local laws.

This Agreement is personal to you, and you may not assign your rights or obligations to anyone.

Any action arising out of these T&Cs shall be brought in the state or federal courts located in New York County, New York.

General Terms

If any provision(s) of the T&Cs is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. GeoSure’s failure to exercise or enforce any right or provision of the T&Cs shall not constitute a waiver of such right or provision. The T&Cs constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the T&Cs will be effective only if unambiguously made in writing and signed by GeoSure.

GeoSure may terminate the Services and access to this Site at any time without notice in its sole discretion. In the event of a termination, the Assumption of Risk, General Disclaimer, Limitation of Liability, Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws, and General Terms Sections set forth in these T&Cs shall survive. Users who violate these T&Cs may additionally incur criminal and/or civil liability. GeoSure may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.

Learn more about our Privacy Policy.





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