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.
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.
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.
You acknowledge that GeoSure may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on GeoSure’s servers on your behalf. You agree that GeoSure has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that GeoSure reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that GeoSure reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
GeoSure offers certain features of the Services for a fee, as part of its GeoSure Premium subscription. In the event you wish to purchase a subscription to access such features, you will be required to select a payment plan and provide GeoSure information regarding your credit card or other payment instrument. You represent and warrant to GeoSure that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay GeoSure the amount that is specified in the payment plan in accordance with the terms of such plan and these T&Cs. You hereby authorize GeoSure to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let GeoSure know within sixty (60) days after the date that GeoSure charges you. We reserve the right to change GeoSure’s prices for the Services. If GeoSure does change prices, GeoSure will provide notice of the change on the Site, on the Services interface, or in email to you, at GeoSure’s option, at least 30 days before the change is to take effect. Your continued use of the Services and/or Site after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Site and Services other than U.S. taxes based on GeoSure’s net income.
The Services includes certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding GeoSure and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your GeoSure account information to ensure that your messages are not sent to the person that acquires your old number.
GeoSure offers software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these T&Cs, the following terms and conditions apply:
GeoSure and you acknowledge that these T&Cs are concluded between GeoSure and you only, and not with Apple, and that as between GeoSure and Apple, GeoSure, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the usage rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the usage rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be GeoSure’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
GeoSure and you acknowledge that Geosure, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between GeoSure and Apple, Geosure, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to GeoSure as follows:
5025 3rd Street
Boulder, CO 80304
GeoSure and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these T&Cs with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these T&Cs, Apple will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Under no circumstances will GeoSure be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that GeoSure does not pre-screen content, but that GeoSure and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services and/or the Site. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
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.
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.
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.
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.
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.
As a user of the Services or the Site, you agree to use the Services and the Site only for lawful purposes. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. 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:
Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
Threaten, harass, defame, embarrass or distress any other person or group;
Distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner's consent;
Use "auto-responders" or other similar mechanisms that generate excessive network traffic;
Post or send any unlawful, harmful, defamatory, libelous, pornographic, obscene, vulgar or otherwise objectionable material;
Post, send or relay any unsolicited advertising;
Post or send any chain letters or pyramid schemes;
Post or send any fraudulent or misleading offers of products, items, loans, or other services;
Post any misleading, inaccurate or fraudulent information;
Post any junk emails;
Post unsolicited messages;
Harvest or otherwise collect information about others, including email addresses, without their consent;
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
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.
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. Except as expressly authorized by GeoSure, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or any content on the Services, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by GeoSure from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
User Content. You further agree that by uploading any material or other content in any form or media to the Site or Services ("User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you grant GeoSure a royalty-free, fully paid up, worldwide, transferable, sublicenseable, perpetual, irrevocable, 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.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to GeoSure are non-confidential and GeoSure will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
GeoSure encourages active users and reporting Submissions and other 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.
You acknowledge and agree that GeoSure may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these T&Cs; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of GeoSure, its users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
GeoSure respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify GeoSure of your infringement claim in accordance with the procedure set forth below.
GeoSure will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to GeoSure’s Copyright Agent at ____________.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
5025 3rd Street
Boulder, CO 80304
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California [If you use an arbitration/jurisdiction location other than San Francisco below, let us know so we can change this accordingly.] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, GeoSure will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, GeoSure has adopted a policy of terminating, in appropriate circumstances and at GeoSure's sole discretion, users who are deemed to be repeat infringers. GeoSure may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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.
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.
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.