- “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.
- “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.
1. GENERAL TERMS AND CONDITIONS for website
1.1 Website Ownership – The Website is owned and operated by the GIC.
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.
4. Evaluation Data
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.
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.
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.
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.
10.4 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.