These Terms and Conditions of Use (Terms of Use) apply to the Geosonics websites located at geosonics.net and at geosonics.org (GeoSonics). The GeoSonics websites are property of Geosonics, Inc. (Geosonics) and its licensors.
BY USING THE GeoSonics WEBSITES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE GeoSonics WEBSITES
Except where noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the GeoSonics websites is owned, controlled or licensed by or to Geosonics, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
GeoSonics and the GeoSonics logo are registered trademarks of GeoSonics, Inc.
Except as expressly provided in these Terms of Use, no part of the GeoSonics websites and the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Geosonics's express prior written consent.
You may use information on products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available for downloading from the GeoSonics websites, provided that you do not remove any proprietary notice language in all copies of such documents, and provided that you make no material modifications to any such information, and provided that you make no additional representations or warranties relating to such documents.
You may use the online services at the GeoSonics websites (such as data conversion tools, online calculators, report generators, and similar applications) and the output generated by these services provided that you do not remove any proprietary notice language in all copies of reports or similar generated output.
You may not attempt to gain unauthorized access to any portion or feature of the GeoSonics webistes, or any other systems or networks connected to GeoSonics websites, or to any of the services offered on or through the GeoSonics websites, by hacking, password "mining" or any other illegitimate means.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the GeoSonics websites or any transaction being conducted on the GeoSonics websites, or with any other person's use of the GeoSonics websites.
You may not forge headers or otherwise disguise the origin of any message or transmittal you send on or through the GeoSonics websites or any service offered on or through the GeoSonics websites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the GeoSonics websites or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Geosonics or others.
Click here to review the Privacy Policy.
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes.
Geosonics disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the GeoSonics websites. Geosonics disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Geosonics disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the GeoSonics websites.
THE GeoSonics WEBSITES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE GeoSonics WEBSITES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GEOSONICS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GEOSONICS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE GeoSonics WEBSITES. GEOSONICS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE GeoSonics WEBSITES. GEOSONICS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GeoSonics WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE GeoSonics WEBSITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE GeoSonics WEBSITES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE GeoSonics WEBSITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL GEOSONICS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE GeoSonics WEBSITES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GEOSONICS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHERTHE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE GeoSonics WEBSITES, FROM INABILITY TO USE THE GeoSonics WEBSITES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE GeoSonics WEBSITES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GeoSonics WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE GeoSonics WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE GeoSonics WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE GeoSonics WEBSITES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE GeoSonics WEBSITES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE GeoSonics WEBSITES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Geosonics or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Use will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws or provisions of 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 Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Geosonics.