|
|
GENERAL TERM AND CONDITIONS 1. Parties. The parties to this Agreement are you, a visitor to this web
site ("You"), and the owner and operator of this web site: GEOSTAR
PUBLISHING & SERVICES LLC, a 2. Assent To Terms of Use And Amendment. GEOSTAR grants a non-exclusive, non-transferable, and revocable license to You and provides the services available at this site to You subject to the following terms and conditions. THESE TERMS AND CONDITIONS MAY BE AMENDED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT THIS SITE. IN ADDITION, WHEN USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH GEOSTAR ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO THIS AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF THE TERMS OF USE AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE. 3. Entire Agreement. This Terms of Use Agreement is entered into between You and GEOSTAR. Except for any separate license agreement entered into for software and/or content, this terms of use agreement supersedes any and all prior and existing agreements, whether oral or in writing, between You and GEOSTAR with respect to the subjects addressed herein and constitutes the entire agreement between the parties with respect to those subjects. Except for any separate license agreement for software and/or content, You acknowledge that neither GEOSTAR nor anyone on GEOSTAR's behalf has made any representations, inducements, promises or agreements, orally or otherwise, to You relating to the subjects addressed by this terms of use agreement that are not embodied herein. 4. Prohibited Conduct. You agree (i) not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) not to interfere or disrupt this site or any networks connected to this site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on GEOSTAR's infrastructure; (v) not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site. 5. Compliance with Laws. You shall comply with all applicable laws and regulations of the United States and foreign authorities (including, but not limited to United States trade restriction laws, export laws or license requirements and laws regarding the sale or transport of hazardous materials, and laws regarding the transmission of technical data, including without limitation encryption, exported from the United States through the services available at this site) relating to any service, product, or download associated with this site. 6. Separate License Agreement(s).You may acquire software and/or content from GEOSTAR by download from this site, or otherwise directly from GEOSTAR. You agree that your use of such software and/or content shall be strictly in accordance with the applicable license agreement(s), wherever such aggrements exist. 7. Registration Data And Privacy.Registration may be required for you to download from this site, or for your participation in certain services offered at this site. You must provide certain current, complete, and accurate information about You as prompted to do so by the registration form (by whatever name it may be called) and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that your Registration Data is accurate and current, and that You are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that You provide is untrue, inaccurate, not current or incomplete, GEOSTAR retains the right, in its sole discretion, to suspend or terminate rights to use the services. Registration Data and certain other information about You is subject to our Privacy Policy which may be accessed from the respective home pages of our sites that you came here from... or any other web sites owned and operated by . specifically designating this page as their terms of use via a hyperlink attached to the word 'terms' or 'terms of use' or 'legal' (or such other names). Solely to enable GEOSTAR to use information You supply us internally, so that we are not violating any rights You might have in that information, You grant to GEOSTAR a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by GEOSTAR's computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by GEOSTAR, in each case by any method or means or in any medium whether now known or hereafter devised. 8. Registration By Children Under The Age of 13 (or any higher page in specific sites, where such higher age is specified - hereinafter referred to as REGISTRATION BY CHILDREN UNDER THE AGE SPECIFIED) Is Not Permitted. REGISTRATION IS NOT AVAILABLE TO CHILDREN UNDER THE AGE SPECIFIED. IF A USER UNDER THE SPECIFIED AGE ATTEMPTS TO REGISTER WITH any of the web sites owned and operated by Geostar Publishing & Services LLC specifically designating this page as their terms of use via a hyperlink truly answering questions relating to his/ her age. WE SHALL NOTIFY THE USER THAT HE OR SHE IS NOT ELIGIBLE, AND WE SHALL NOT COLLECT OR USE ANY PERSONAL INFORMATION FROM SUCH CHILD. 9. Posting of Digital Files And/Or
Communications. If this web site should
at any time provide any service which enables visitors post digital files
and/or to communicate with or otherwise share information with other visitors
or persons providing any kind or service to visitors, You agree not to
submit, publish, display, disseminate, or otherwise communicate any defamatory,
inaccurate, abusive, threatening, offensive, or illegal material while
connected to or otherwise directly or indirectly using this web site or other
services provided to You by the web site. Transmission of such material or
any material that violates any federal, state, or local law in the 10. Copyrights. The copyright in all material provided on this site is
owned by GEOSTAR or by GEOSTAR's licensor(s), unless
expressly stated otherwise. You acknowledge and agree that this site
contains proprietary information
that is protected by applicable intellectual property and other laws. You
further acknowledge and agree that information presented to You through
this site, including text, graphics, logos, icons, images and software, and
the arrangement and compilation of such content, are the property
of GEOSTAR or its content suppliers and is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws, unless
expressly stated otherwise.. GEOSTAR does not grant any license or authorization to
any user of its copyrightable material or other intellectual property, by placing
them on this site, unless expressly stated otherwise.. Furthermore, except as
stated herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form
or by any means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of
GEOSTAR or the copyright owner. However, You may print a copy of the information
on this site for Your personal, non-commercial internal use or records.
In so doing, You may not modify the materials and You agree to retain
all copyright and other proprietary notices contained in the materials.
This permission does not give You any ownership rights in the information
and terminates automatically if You breach any of these terms or conditions.
If You make any other use of this site, except as otherwise provided
herein, You may be violating copyright and other laws of the 11. Copyright Infringement;
The Digital Millennium Copyright Act. GEOSTAR
maintains specific contact information including an e-mail address for
notifications of claimed infringement concerning materials. All
correspondence should be addressed to GEOSTAR's
agent for notice of claimed infringement under The Digital Millennium
Copyright Act, U.S.C.A. Section 512, at the following address: Geostar Publishing & Services LLC You may contact GEOSTAR with complaints regarding allegedly infringing posted material and GEOSTAR will investigate those complaints. If the posted material is believed in good faith by GEOSTAR to violate any applicable law, GEOSTAR will remove or disable access to any such material and GEOSTAR will notify the posting party that the material has been blocked or removed.
13. Participation In Promotions Of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products or services on this site ("Advertisers"). You acknowledge and agree that any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and Advertiser. Any of our web sites specifically designating this page as their terms of use via a hyperlink attached to the word 'terms' or 'terms of use' or 'legal', shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions. 14. Monitoring. You acknowledge that GEOSTAR or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this site. GEOSTAR, in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which GEOSTAR deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this site may be prosecuted to the full extent of the law. 15. NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM GEOSTAR AND ITS INFORMATION PROVIDERS/ VENDORS, GEOSTAR AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF GEOSTAR AND GEOSTAR'S AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING, NONE OF GEOSTAR NOR GEOSTAR'S AFFILIATES NOR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GEOSTAR OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 16. LIMITED LIABILITY. GEOSTAR AND ALL OF GEOSTAR'S AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO GEOSTAR, IF ANY, FOR THE SPECIFIC SERVICE, SOFTWARE OR CONTENT AT ISSUE. 17. Indemnity. You shall indemnify, defend, and hold harmless GEOSTAR and its content providers and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from (i) Your use of the software available at or downloaded from this site, (ii) Your failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad) or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject goods and services, (iii) Your use of the content available on this site in any way contrary to this agreement (iv) Your breach of any of Your representations, warranties or obligations set forth in this agreement, (v) the sale, purchase, transportation, delivery, use or disposal of any GEOSTAR service, product, or download associated with this site or available through other sites, or any loss suffered by or harm to any person or property in any way relating to of caused in whole or in part by Your use of this site or any service, product, or download associated with this site (including, without limitation, any personal injuries or death of any third person caused in whole or in part by such products or services, the use, transportation, delivery, storage, handling or release thereof), and (vi) any taxes attributable to the relating to any service, product, or download associated with this site. 18. Beneficiaries of this Agreement; No Other Agreements. The rights and limitations in this agreement are for the benefit of GEOSTAR and each of GEOSTAR's content providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf. 19. Termination. You agree that GEOSTAR may, at its sole discretion, deny You access to the site and disable any user name and password associated with You for any reason, including, without limitation, if GEOSTAR believes that You have violated or acted inconsistently with the letter or spirit of this agreement. GEOSTAR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this site (or any part thereof) with or without notice. You agree that GEOSTAR shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered under this site. 20. Consumer Rights. GEOSTAR maintains
specific contact information including a Help Desk for notifications of complaints and for inquiries
regarding pricing policies. All correspondence should be addressed to GEOSTAR's agent for notice therein: Geostar Publishing & Services LLC You may contact GEOSTAR with complaints and inquiries regarding pricing and GEOSTAR will investigate those matters and respond to the inquiries. 21. Controlling Law. This Agreement shall be construed under the laws of
the State of 22. Jurisdiction And Venue. You and GEOSTAR agree to submit to the
exclusive personal jurisdiction of the courts in the State of 23. Disclaimer on Medical Advice. Any medical information posted on this web site is for general
entertainment and educational purposes only, and should not be construed as
medical advice, medical opinion, diagnosis or treatment. Any information
provided by this web site is not a substitute for actual medical attention.
Always promptly consult your licensed health care provider for medical advice
and treatment. Always promptly consult your licensed veterinary health-care
professional for your pet's medical advice and treatment. Information
contained on any site owned and/or operated by Geostar
Publishing & Services LLC. is NOT intended for
use in a similar manner as you would use a consultation with a physician or
other licensed professional. Only a licensed professional can provide
accurate, individually tailored advice regarding the medical, veterinary, and
other life-topics discussed on GEOSTAR's sites. Last Update: |
|