1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree to be bound by these
Terms of Use, and as amended
from time to time with or without notice to you. In addition, if you are using
a particular service on or through this web site, you will be subject to any rules
or guidelines applicable to those services and they shall be incorporated by
reference into these Terms of Use.
Please see our Privacy Policy,
which is incorporated into these Terms of Use
by reference.
2. Our Service.
Our web site and services provided to you on and through our web site on an
"AS IS" basis. You agree that the owners of this web site exclusively
reserve the right and may, at any time and without notice and any liability
to you, modify or discontinue this web site and its services or delete the data you
provide, whether temporarily or permanently. We shall have no responsibility or
liability for the timeliness, deletion, failure to store, inaccuracy, or improper
delivery of any data or information.
3. Your Responsibilities and Registration Obligations.
In order to use this web site, you must register
on our site, agree to provide truthful information when registering and/or when requested, and be at least the
age of thirteen (13) or older. When registering, you explicitly agree to our
Terms of Use and as may be modified
by us from time to time and available here. As a user, you explicitly agree to not provide any personally
identifiable health data as defined by the HIPAA Privacy Rule.
You also explicitly agree that you will only sign up for a single user account and that we may deactivate,
delete, and/or terminate your account (or any portion thereof) at any time, without notice, at our sole
discretion. Granting of special partner statuses to your account (commercial and/or non-commercial) is at
our sole discretion. You explicitly agree that we may revoke, deactivate, delete, and/or terminate your
special partner status (commercial and/or non-commercial) at any time, without notice, at our sole discretion.
4. Privacy Policy.
Registration data and other personally identifiable information that we may collect
is subject to the terms of our Privacy Policy.
5. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall
be responsible for all uses via your registration and/or login, whether authorized
or unauthorized by you. You agree to immediately notify us of any unauthorized use or
your registration, user account or password.
6. Your Conduct.
You agree that all information or data of any kind, whether text, software, code, music
or sound, photographs or graphics, video or other materials ("data and/or content"), publicly or
privately provided, shall be the sole responsibility of the person providing the data and/or content or the person
whose user account is used. You agree that our web site may expose you to data and/or content that may be
objectionable or offensive. We shall not be responsible to you in any way for the data and/or content that
appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any data and/or content or perform any conduct that may be unlawful, illegal, threatening,
harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene,
offensive, objectionable, pornographic, designed to or does interfere or interrupt this
web site or any service provided, infected with a virus or other destructive or deleterious
programming routine, give rise to civil or criminal liability, or which may violate an applicable
local, national or international law;
(b) impersonate or misrepresent your association
with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin
of any data and/or content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any data and/or content or service in any commercial manner or in any
manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of
unauthorized advertising without our prior written consent;
(e) provide any data and/or content that
may give rise to our civil or criminal liability or which may constitute or be considered a violation
of any local, national or international law, including but not limited to laws relating to copyright,
trademark, patent, or trade secrets.
7. Submission of data and/or content to this Web Site.
By providing any data and/or content to our web site:
(a) you acknowledge that you have read, understand, and agree to our Data Security Policy;
(b) you acknowledge that you allow us to use your data and/or content for tuning, research, and diagnostic purposes of our services;
(c) you acknowledge that your data and/or content may be deleted from our servers at any time, at our discretion.
8. Third Party Services.
Goods and services of third parties may be advertised and/or made available on
or through this web site. Representations made regarding products and services
provided by third parties are governed by the policies and representations made
by these third parties. We shall not be liable for or responsible in any manner
for any of your dealings or interaction with third parties.
9. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties,
officers, directors, employees, agents, independent contractors, advertisers, partners,
and co-branders from any claim or demand, including reasonable attorney's fees, that may be
made by any third party, that is due to or arising out of your conduct or connection with this web
site or service, your provision of data and/or content, your violation of this
Terms of Use or any other violation
of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR
DATA AND/OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT
YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF
ANY QUALITY, NOR THAT ANY DATA AND/OR CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND
AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE
OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK
AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above
disclaimer may not apply to you only as it relates to implied warranties.
11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS
(EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST
TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED
INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY
OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore
such limitations may not apply to you.
12. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights,
trademarks, patents, trade secrets, and any other proprietary right that we may have
in our web site, its data and/or content, and the goods and services that may be provided. The use
of our rights and property requires our prior written consent. We are not providing you
with any implied or express licenses or rights by making services available to you and
you will have no rights to make any commercial uses of our web site or service without
our prior written consent.
13. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered
copyright infringement or a violation of your intellectual property rights, our copyright agent
may be contacted at the following address:
Dr. Daniel W. Goldberg
Texas A&M University, Department of Geography
TAMU 3147
College Station
,
TX
77843-3147
(979) 862-3551
Click to contact our webmaster
14. Applicable Law.
You agree that this Terms of Use
and any dispute arising out of your use of this web site or our products or services shall
be governed by and construed in accordance with local laws where the headquarters of the owner
of this web site is located, without regard to its conflict of law provisions. By registering
or using this web site and service you consent and submit to the exclusive jurisdiction and
venue of the county or city where the headquarters of the owner of this web site is located.
15. Miscellaneous Information.
(i) In the event that this Terms of Use
conflicts with any law under which any provision may be held invalid by a court with
jurisdiction over the parties, such provision will be interpreted to reflect the original
intentions of the parties in accordance with applicable law, and the remainder of
this Terms of Use will remain
valid and intact; (ii) The failure of either party to assert any right under this
Terms of Use shall not be considered
a waiver of any that party's right and that right will remain in full force and effect;
(iii) You agree that without regard to any statue or contrary law that any claim or cause
arising out of this web site or its services must be filed within one (1) year after such
claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and
obligations under this Terms of Use
and we shall be relieved of any further obligation.
