Terms Conditions and Privacy
Welcome to the GeoData Plus website, operated by GeoData Plus LLC (“GeoData”) and located at http://www.geodataplus.com/ (the “Site“). The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use this Site and must exit immediately.
If you have any questions concerning these Terms, GeoData can be contacted by e-mail at firstname.lastname@example.org, by telephone at (516) 663-0790, or by mail to GeoData Plus LLC, 175 Pinelawn Road, Suite 210, Melville, NY 11747.
1. Informational Purposes Only. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, GeoData is not responsible for any errors or omissions in the Site or Site Materials, as defined in Section 3 of these Terms and Conditions. The Site is not intended to be a substitute for professional real estate, legal, contractual or other advice, and GeoData no way represents or warrants that the Site provides any such advice or assurances. Purchase, financing and other decisions remain with you at all times.
2. Registration. In order to access certain content, services, products or benefits on the Site, including the GeoData Direct Application, you may be asked to register and create an account. As part of the registration process, you must click to agree to these Terms. In order to access the GeoData Direct Application, you may also be required to agree to the GeoData Direct License Agreement. You may also be asked to select a user name and password, and be required to provide GeoData with certain information about yourself including some types of personally identifying information such as your email and your address. You are fully responsible for your account, including use of the account by any third-party, and maintaining the confidentiality of your password.
3. Proprietary Rights. As between you and GeoData, GeoData owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between you and GeoData, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to GeoData or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
4. Unauthorized Activities. You agree that you will not use the Site for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or implemented through a medium or function made available by GeoData on the Site (such as a social media “sharing” function) or in a separate written agreement with GeoData; (c) attempting to gain unauthorized access to GeoData’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; (d) any resale or commercial use of the Site; (e) any downloading or copying of the Site Materials for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; (f) using the Site to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials; (h) uploading, posting, hosting, or transmitting unsolicited e-mail, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (i) contacting any other user of the Site who has requested not to be contacted; (j) stalking or harassing anyone; (k) posting non-local or otherwise irrelevant User Content (as defined below) or otherwise imposing an unreasonable or excessively great amount of User Content; or (l) abusing any discount pricing policies available through the Site. You may use the Site and the Site Materials consistently with Section 4 of these Terms. Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of GeoData is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to GeoData and that in the event of such unauthorized use, GeoData shall be entitled to an injunction in addition to any other remedies available at law or in equity.
5. Materials Submitted to the Site. Certain features of the Site may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to the Site (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third-party. Upon your submission of User Content or other material or information to GeoData, you grant GeoData a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 11 of these Terms.
6. Third-party Websites and Content. The Site may contain links to other Internet websites for the convenience of users in locating information, products, or services that may be of interest. The Site may also use third-party service providers to provide certain functions and content on the Site. Use of such third-party links, the Site and the Site Materials and any other third-party material or content on and made available through the Site is entirely at your own risk. GeoData does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third-party sites or the transactions you conduct or enter into with third-parties. Your use of any third-party’s website is at your own risk, and subject to the terms and conditions of such other websites. GeoData does not endorse any product, service, or treatment provided on a third-party website or advertised or provided on the Site.
7. Disclaimer. GeoData, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services, links, advertisements or other items contained within the Site. GeoData reserves the right to immediately remove any Site Materials or User Content for any reason or for no reason. GeoData cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Materials or User Content and that you may not rely on such Site Materials or User Content.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. GEODATA AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
8. LIMITATION of Liability. GEODATA AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR GEODATA HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF GEODATA AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE AMOUNT PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF GEODATA AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site or with any of these Terms, or feel GeoData has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
9. Indemnification. You shall indemnify GeoData and its directors, officers, employees, agents, contractors and licensors (“GeoData Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to GeoData, or any breach by you of these Terms and shall indemnify and hold GeoData Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of GeoData. GeoData or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If GeoData or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to GeoData, subject to the right of GeoData to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
10. Internet Security. GeoData uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. GeoData will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that GeoData shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission.
11. Complaint Procedures. If you believe that any content or postings on this Site violates your privacy rights, intellectual property rights or any rights whatsoever, please send to GeoData at email@example.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and, in the event that your complaint alleges a violation of intellectual property rights, (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
12. Changes to these Terms; Termination. GeoData reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. GeoData may suspend or terminate your account and/or your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing GeoData with untrue or inaccurate information about yourself, for infringement upon GeoData proprietary rights, or for any other reason whatsoever or for no reason.
13. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and GeoData with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in New York City, New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
14. Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, GeoData makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of GeoData to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
1. Collection of Personal Information from Site Visitors. The Site is not intended for children under the age of 18. It does not knowingly collect personal information online from visitors in this age group. Except as specifically set forth herein, GeoData may collect: (a) the e-mail addresses of users that communicate with GeoData via e-mail; and (b) information knowingly provided by the user through the Site in online informational sections, including any comment submission forms or contact form requests. GeoData may also use Internet cookies and other identifiers or methods of web analysis (such as Google Analytics) to gather, store, and track certain information (including, potentially, your IP Address) related to your visit to and activity on the Site. If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for “Do Not Track” features. GeoData does not override these settings or options, and encourages you to use them to enhance your choices and personalize your experiences. However, in order to access certain content, features, services, products or benefits on the Site, including the GeoData Direct Application, you may be required to provide GeoData with certain information, including some types of personally identifying information such as your email and your address. If you do not wish to provide such information through the Site or if you opt to utilize the aforementioned privacy features of your computer system or web browser, you may be unable to obtain certain content, features, services, products or benefits of the Site.
2. Use of Personal Information Collected. Personal information collected by GeoData may be used by GeoData for limited purposes, including recordkeeping, editorial and feedback purposes, content improvement, or to customize the content and layout of the Site. Personally identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information voluntarily provided to GeoData may be added to GeoData’s databases and used for future contact regarding updates to the Site or new services provided by GeoData. From time to time, GeoData may need to contact you concerning information you submitted to GeoData. You agree that GeoData may use your personal information for such contact with you. GeoData may also desire to contact you for market research purposes or to provide you with marketing information that GeoData believes would be of particular interest. You will have the option of not being contacted by GeoData and opting-out of such contacts by contacting GeoData through one of the methods set forth above.
3. Disclosure of Personal Information to Third-parties. Except as specifically set forth herein, any personally-identifying information that you provide to GeoData through the Site will not be disclosed to other third-party entities not affiliated with GeoData. Identifiable and non-identifiable user information and data may be disclosed or distributed to another party with which GeoData enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or to a third-party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by GeoData in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of GeoData or any other person or entity. Identifiable and non-identifiable visitor information and data which visitors provide to GeoData may also be provided to third-parties that contract with GeoData to provide products, information or other services that GeoData believes that visitors to the Site may be interested in obtaining. While GeoData may undertake efforts to see that any third-party to which GeoData discloses personal information is under an obligation to use the personal information solely for the purposes for which the information was disclosed, such third-parties are independent third-parties over which GeoData exercises no control. GeoData is not responsible for, and will not be liable for, the conduct, actions, omissions, or information handling or dissemination practices of third-parties. Please be advised that the confidentiality of any communication or material transmitted to GeoData via the Site or e-mail cannot be and is not guaranteed, including, for example, personal information such as your address or name.
5. Comments and User Content. All materials or comments posted to any aspect of the Site are public. Please refer to the Terms & Conditions above for further details concerning User Content and other materials submitted to the Site.
6. Security Measures and Communicating with GeoData. The confidentiality of any communication or material transmitted to or from GeoData via the Site or via e-mail cannot be, and is not, guaranteed. You acknowledge that the technical processing and transmission of the Site’s content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, GeoData is not responsible for the security of information transmitted via the Internet. Instead of communicating with GeoData via e-mail or the Internet, you can contact GeoData by telephone at (516) 663-0790 or by mail to GeoData Plus LLC, 175 Pinelawn Road, Suite 210, Melville, NY 11747.
7. Access to and Ability to Correct Personal Information; Opt-Out Right. Upon your request through one of the contact methods set forth above, GeoData will provide you with a summary of any personal information retained by GeoData that has been voluntarily provided by you to GeoData through registration forms, surveys, e-mail, or another online avenue. You may modify, correct, change or update your personal information by contacting GeoData through one of the contact methods set forth above. Except as necessary to obtain the services or information requested, you may opt out of having your personal information, which has been voluntarily provided to GeoData through online forms, e-mail, or another online avenues, prospectively retained by GeoData or used by GeoData for secondary purposes, by contacting GeoData through one of the contact methods set forth above. This provision does not apply to collection of the type of web browser used to visit the Site or to information provided or collected that does not meet the description hereunder.
February 19, 2014
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