WEBSITE TERMS OF USE

WELCOME TO THE GEOSPATIAL INSURANCE CONSORTIUM’S (“GIC”) WEBSITE.  THE GIC REQUIRES THAT ALL VISITORS TO THIS WEBSITE ADHERE TO THE FOLLOWING TERMS OF USE.  PLEASE READ THESE TERMS OF USE CAREFULLY.  BY CLICKING “I AGREE” OR ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE (TERMS OF USE). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.

These Terms of Use do not alter the terms or conditions of any other agreement you may have with the GIC or the National Insurance Crime Bureau (“NICB”) for products, services or otherwise and those specific terms and conditions will take precedence where it conflicts with these terms. If you are using the Website on behalf of an entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity will be responsible to the GIC if you violate these Terms of Use. You may only access the Website if you are (a) over 13 years old and (b) allowed by law to enter into a binding agreement.

DEFINITIONS

  • “Authorized Users” means those granted access to the GIC.
  • “Claim” means any claim, cost, damages, debt, expense, tax, liability, loss, obligation, allegation, suit, action, demand, cause of action, proceeding or judgment of any kind however calculated or caused, and whether direct or indirect, consequential, incidental or economic.
  • “GIC” means the Geospatial Insurance Consortium or “GIC”.
  • “Evaluation Data” means evaluation or trial licenses granted to users.
  • “Terms of Use” means the terms and conditions associated with a user accessing the GIC Website.
  • “Third Party Providers” means third party providers of products and services to the GIC.
  • “Website” means http://GIC.org or www.GIC.org and all pages and sub-sites available within that domain.
  • “You, your or you” means the person or entity who or which is acquiring the right to use the Website under these Terms of Use.

1. GENERAL TERMS AND CONDITIONS for website

1.1 Website Ownership – The Website is owned and operated by the GIC.

1.2   Accessing the Website –You may use the Website, and the information, writing, images and/or other works that you see, hear or otherwise experience on the Website solely for your personal, non-commercial use and/or to learn about the GIC’s products and services, and solely in compliance with these Terms of Use.

1.3 Accessibility– Pages describing the GIC’s products and services are accessible worldwide, but this does not mean these products and services are available in your specific country.  The GIC may block access to certain products and services (or certain service features or content) in certain countries on the Website.

2. License and Website Use

2.1 License – The GIC grants to you, the user, a limited license to access and make personal use of this Website; but you may not download (other than page caching) or modify it, or any portion of it, except with the express written consent of the GIC.

2.2  Restricted Use – You agree that your use of the Website will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and that you are solely responsible for your conduct while using the Website.

You further agree not to: (i) do anything to damage, interfere with, negatively affect, inhibit or disrupt access to or use of the Website or do anything which might impair its functionality; (ii) resell or use this Website or its content for any commercial purposes; (iii) use the Website in any way to send unsolicited (commercial or otherwise) e-mail or any material for marketing or publicity purposes, or any similar abuse of either; (iv) use the Website to harvest or collect the email addresses or other contact information of other users for the purpose of sending spam or other commercial messages; (v) publish, post, distribute, disseminate or otherwise transmit, discriminatory, defamatory, hateful, harassing, abusive, threatening, offensive, infringing, obscene, indecent or other unlawful or objectionable or confidential material or information; (vi) make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software; (vii) remove any content or information from the Website; (viii) falsify the true ownership of material or information made available via the Website; (ix) obtain or attempt to obtain unauthorized access, through whatever means, to the Website; (x) develop any third-party applications that interact with the Website without GIC’s prior written consent; (xi) use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by the GIC to access the Website, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via the Website; (xii) use the Website other than in accordance with these Terms of Use; (xiii) share content or engage in behavior that violates anyone’s Intellectual Property Rights; (xiv) violate applicable law; or (xv) attempt any of the above acts or engage, encourage, or permit another person to do any of the above acts.

3. TERMINATION

3.1 Termination by GIC – The GIC may, in its sole discretion prevent you from accessing the Website for any reason, including without limitation, if the GIC believes that you have breached these Terms of Use, act in a manner that clearly shows that you do not intend to, or are unable to comply with these Terms of Use.

3.2 Violations of Terms of Use – The GIC reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access to this Website.

4. Evaluation Data

4.1 License – The GIC from time to time may offer certain products to you at no cost, including free accounts and trial/evaluation use (Evaluation Data). Subject to your compliance with these Terms of Use and the law, the GIC grants to you a limited, non-exclusive, non-transferrable license to use the Evaluation Data subject to any additional terms that the GIC specifies and only for the period designated by the GIC (License).  You may only use the License for the purposes of determining if you wish to purchase a license for any GIC products and services and at all times excludes any copying, reproduction, Commercial Purpose and Unlawful Purpose. The GIC reserves the rights to terminate your License at any time and for any reason in its sole discretion, without liability to you.  You are not permitted to make the Evaluation Data available in any medium or manner to any third party without the written permission of the GIC.

4.2 Users – The License is only to be used by you and/or the specific individual(s) whom you have requested the GIC provision access under the License (Authorized Users).

4.3 Acknowledge GIC Source – You and any Authorized Users must not remove or cause to be removed any GIC logo, watermark or other GIC attribution in any Evaluation Data.

4.4 Password/ID – The GIC may restrict certain secure areas of this Website to authorized users and permit access to these secure areas only by the use of a confidential password. Any password/ID issued by the GIC to you and any Authorized Users are personal and confidential to that individual. If the GIC suspects that any password/ID is being used by a different user to the individual whom it was issued to, the GIC may:

(a) immediately cancel that password/ID; and/or

(b) immediately cease your access to the Evaluation Data.

4.5 Unauthorized User – Unauthorized individuals attempting to access such areas of this Website are in explicit violation of these Terms of Use and may be subject to prosecution and applicable damages.  You shall take reasonable steps to prevent unauthorized access to the License, including without limitation protecting your passwords and other log-in information.  You shall notify the GIC immediately of any known or suspected unauthorized use of the License or breach of your security and shall use best efforts to stop such breaches.

5. INTELLECTUAL PROPERTY

5.1 Ownership – Unless otherwise indicated, the Website, any Evaluation Data, and all associated Intellectual Property Rights, data, information and software are owned by GIC and its licensors, and are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property. GIC reserves all of its Intellectual Property Rights. Except for the limited License granted to you in clause 2.1, no ownership or Intellectual Property Rights in the Website or the Evaluation Data will pass to you.

5.2 Copyrights – By visiting this Site, you understand and agree that all copyrights and trademarks will be respected.

Copyright © 2020 by Geospatial Insurance Consortium. ALL RIGHTS RESERVED.

All information and content included on this Website, including but not limited to (i) text, graphics, logos, icons, images, audio clips, digital downloads, and product demonstrations; (ii) data and content compilations; and (iii) software, is the property of the GIC or its content or software suppliers and is protected by United States and international copyright laws. You may not modify, copy, distribute, transmit, display, publish, sell, or license any information from this Website without the express written consent of the GIC and any applicable third-party owner or licensor. You may not create derivative works, or use any information, content, or software available on or through this Website for commercial or public purposes without the express written consent of the GIC and any applicable third-party owner or licensor. In addition, you may not reproduce, transmit, transcribe, store in a retrieval system, or translate into any human or computer language any part of the material and databases on this Website in any form or by any means whatsoever without the express written consent of the GIC. Such consent may be requested by contacting the Geospatial Insurance Consortium at 1470 Walnut St. #102 Boulder, Colorado 80302. Attn: Law Department.

5.3 Trademarks – The trademarks, logos, service marks, graphics, and trade dress displayed on this Website are the intellectual property of the GIC and other applicable parties that have licensed their property and/or material to the GIC. You should assume that any product or service name is a registered mark, trademark, or service mark and the intellectual property of the GIC or a third party. You are prohibited from using any GIC or third-party trademarks or service marks noted on the Website for any purpose, including but not limited to use as meta tags on other pages or sites on the World Wide Web, without the express written permission of the GIC or such third parties. If the GIC grants such written permission, you may not use the trademarks and service marks in any manner that (i) is likely to cause confusion among customers or the public, or (ii) disparages or discredits the GIC.

6. WARRANTY AND LIABILITY

6.1 DISCLAIMER OF WARRANTIES – THE WEBSITE AND THE EVALUATION DATA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW. THE GIC AND ITS CONTENT PROVIDERS, AGENTS AND AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF DEALING OR PERFORMANCE.

6.2 NO REPRESENTATIONS – WHILE THE GIC USES REASONABLE EFFORTS TO ENSURE THE ACCURACY, CORRECTNESS AND RELIABILITY OF THE EVALUATION DATA AND THE WEBSITE, GIC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS OR RELIABILITY OF ANY EVALUATION DATA OR CONTENT CONTAINED ON THE WEBSITE. THE EVALUATION DATA AND THE WEBSITE ARE SUBJECT TO ERRORS, OMISSIONS, INACCURACIES AND DISTORTIONS AND GIC WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR ANY CLAIMS MADE BY OR ARISING OUT OF, ANY PERSON OR ENTITY SEEKING TO RELY ON ANY OF THE EVALUATION DATA OR THE WEBSITE. GIC SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ANY ACTIONS RESULTING FROM YOUR USE OF ANY EVALUATION DATA. YOU MAY ACCESS THE WEBSITE AND/OR ANY EVALUATION DATA AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE AND ACESS OF THE WEBSITE AND ANY EVALUATION DATA.

6.3 NO LIABILITY FOR CLAIMS – TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE GIC, ITS CONTENT PROVIDERS, AGENTS OR AFFILIATES BE LIABLE FOR ANY CLAIMS OF ANY KIND ARISING FROM OR CONNECTED WITH THE USE OF THE WEBSITE OR THE EVALUATION DATA, OR THE UNAVAILABILITY OF THE SAME, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE. YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION REQUIRED DUE TO YOUR USE OF THIS WEBSITE OR THE EVALUATION DATA. THIS EXCLUSION APPLIES, WITHOUT LIMITATION, TO ANY CLAIMS CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM GIC.

6.4 LIMITATION OF LIABILITY – IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE GIC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE AND THE EVALUATION DATA SHALL EXCEED USD$500.

7. INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD THE GIC AND ITS DIRECTORS, OFFICER, EMPLOYEES, AGENTS AND SUBCONTRACTORS, HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, AND MUST PAY ON DEMAND ALL LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) SUFFERED OR INCURRED BY THE GIC, WHICH ARISE OUT OF YOUR USE OF THE WEBSITE AND ANY EVALUATION DATA.

8. PRIVACY POLICY

Please refer to GIC’s Privacy Policy, available at www.GIC.org/privacy or GIC.org/privacy for information about how the GIC collects, uses, and discloses information about you.

9. THIRD PARTY LINKS

The GIC’s Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of the GIC and the GIC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The GIC is not responsible for webcasting or any other form of transmission received from any Linked Site. The GIC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the GIC of the site or any association with its operators.

10. MISCELLANEOUS

10.1 Governing Law – You acknowledge and agree that the laws of the State of Colorado without regard to conflict of law principles, and applicable federal law, will govern these Conditions of Use, your use of the Website, and any dispute of any kind that might arise between you and the GIC in connection with the Website. Any action you, any third party, or the GIC brings arising out of or in any way connected to this Website and/or these Terms of Use shall be brought exclusively in either the state or federal courts located in Boulder, Colorado, and you expressly consent to the jurisdiction of said courts.

10.2 Amendments – The GIC reserves the right at any time to amend these Terms of Use and/or to impose new and/or additional terms or conditions on your use of the Website and the Evaluation Data. It is your responsibility to check these Terms of Use periodically for changes. By continuing to use the Website and access the Evaluation Data after the revisions come into effect, you agree to be bound by the revised terms.

10.3 Waiver – Any waiver of any terms of these Terms of Use will be effective only if in writing and signed by the GIC. Any rights not expressly granted herein are reserved.

10.4 Severability – If any condition is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

10.5 Entire Agreement – These Terms of Use comprise the entire agreement and understanding between the parties on everything connected with the subject matter of these Terms of Use and supersedes any prior agreement or understanding on anything connected with that subject matter.