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Geomodelr Terms of Service

By using the geomodelr.com web site ("Service"), or any services of Geomodelr, Inc, a Delaware Corporation, ("Geomodelr"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.

If Geomodelr makes material changes to these Terms, we will notify you by e-mail or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://geomodelr.com/accounts/terms/. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.

Violation of any of the terms below will result in the termination of your Account. While Geomodelr prohibits such conduct and Content on the Service, you understand and agree that Geomodelr cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk. The failure of Geomodelr to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Geomodelr and govern your use of the Service, superseding any prior agreements between you and Geomodelr (including, but not limited to, any prior versions of the Terms of Service).

1. Account Terms

You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You must be 13 years or older to use this Service. You must provide your name, a valid e-mail address, and any other information requested in order to complete the signup process.

Multiple people may not share a single login. One person or legal entity may not maintain more than one free account. You are responsible for maintaining the security of your account and password. Geomodelr cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all Content posted and activity that occurs under your account. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

2. Application Program Interface Terms

Customers may access their Geomodelr account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Geomodelr, is bound by these Terms of Service plus the following specific terms:

You expressly understand and agree that Geomodelr shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Geomodelr has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

Abuse or excessively frequent requests to Geomodelr via the API may result in the temporary or permanent suspension of your account's access to the API. Geomodelr, in its sole discretion, will determine abuse or excessive usage of the API. Geomodelr will make a reasonable attempt via e-mail to warn the account owner prior to suspension. Geomodelr reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

3. Payment, Refunds, Upgrading and Downgrading Terms

All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information.

An upgrade from the free plan to any paying plan will immediately bill you. The Service is billed in advance and it's non-refundable. There will be no refunds for partial time of service, upgrade or downgrade refunds, or refunds of the time unused with an open account. In order to treat everyone equally, no exceptions will be made. For the yearly plan, the service is billed annualy. For the monthly plan, the service is billed monthly. Changing the billing frequency of your plan will bill you immediately, substracting or adding the prorrated credits or pending charges you might have from the previous plan.

You can create more studies than what the base plan specifies. You upgrade your plan when you create studies after the studies the base plan specifies. You downgrade the plan when you remove a study but you still have the same or more studies than what your base plan specifies. For a monthly plan, upgrading or downgrading the plan will charge you or credit you on the next billing cycle. For a yearly plan, upgrading the plan will charge you immediately for the remaining time in your billing cycle. Downgrading your plan will credit you on your next billing cycle, or when you upgrade your plan again.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Geomodelr does not accept any liability for such loss.

4. Cancellation and Termination

You are solely responsible for properly canceling your account. An e-mail or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Profile link in the global navigation bar at the top of the screen. The Profile screen provides a simple no questions asked cancellation link. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be charged again. Your prorated credits will not be refunded.

Geomodelr, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Geomodelr service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Geomodelr reserves the right to refuse service to anyone for any reason at any time. In the event that Geomodelr takes action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.

5. Modifications to the Service and Prices

Geomodelr reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Geomodelr Site (https://geomodelr.com) or the Service itself. Geomodelr shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6. Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your Content to be viewed publicly, you agree to allow others to view your Content. By setting your studies to be viewed publicly, you agree to allow others to view and copy your studies. Geomodelr does not pre-screen Content, but Geomodelr and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

You shall defend Geomodelr against any claim, demand, suit or proceeding made or brought against Geomodelr by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Geomodelr for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Geomodelr in connection with any such claim, demand, suit or proceeding; provided, that Geomodelr (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Geomodelr of all liability); and (c) provides to You all reasonable assistance, at Your expense.

The look and feel of the Service is copyright © Geomodelr, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Geomodelr. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Geomodelr.

7. General Conditions

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. Geomodelr does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that Geomodelr shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Geomodelr has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.

Support for Geomodelr services is only available in English, via e-mail.

You understand that Geomodelr uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You understand that the technical processing and transmission of the Service, 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.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Geomodelr, or any other Geomodelr service.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Geomodelr customer, employee, member, or officer will result in immediate account termination.

You must not upload, post, host, or transmit unsolicited e-mail, SMSs, or "spam" messages. You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Geomodelr) of other Geomodelr customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

Questions about the Terms of Service should be sent to support@geomodelr.com. Microsoft® provides map satellite data under the terms of service: https://www.microsoft.com/maps/product/terms.html. You can see the copyright of the map data by clicking on the small "i" in the right corner of the map. Topography data is provided to you using public information form the Shuttle Radar Topography Mission: See the SRTM Bibliography http://www2.jpl.nasa.gov/srtm/srtmBibliography.html for further information.

8. Governing Law

Unless otherwise required by law – and which shall only be applied strictly for its intended purpose, it is expressly agreed that US law shall be the law applicable to these Terms of Service and any litigation between you and Geomodelr Inc. related to the use of the Geomodelr Service shall be submitted to the jurisdiction of a competent court in Delaware. These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

Last updated: October 31, 2016