THIS TERMS OF USE AGREEMENT (the“Agreement”) constitutes a legally binding agreement by and between GEOASSET,LLC, a limited liability company organized under the laws of the state of Texas(“GeoAsset”) and the client, whether personally or on behalf of an entity(“Client”), with regard to access and use of GeoAsset’s website: https://www.geoasset.co/ (the “Website”) and any other media form, channel,mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all the terms, conditions and obligations contained herein results in the express prohibition of the Client's use of the Website, and the Client is ordered to discontinue use immediately.Thereafter the relationship between Client and GeoAsset shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay GeoAsset for services rendered shall remain and continue to be an ongoing obligation owed by Client to GeoAsset.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of GeoAsset and all source code, databases,functionality, software, deliverables, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by GeoAsset and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated,republished, uploaded, posted, displayed, encoded, translated, transmitted,distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without GeoAsset’s express prior written permission. GeoAsset reserves all rights on the Website, Content and Marks.
2. Ownership of Materials
Notwithstanding GeoAsset’s ownership of Submissions, as described in Paragraph 5 (“Client Feedback”), all deliverables and original source files created on Client’s behalf (“Projects”)belong to Client, and Client shall be the sole owner of the copyright for all Projects. If any operation of law would cause GeoAsset to become the owner of a Project, in whole or in part, rather than Client, GeoAsset irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that all materials provided to GeoAsset as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. GeoAsset always reserves the right to share the Client's deliverable work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
3. User Representations
By using the Website, Client represents and warrants that:Client has the legal capacity and agrees to comply with these Terms of Use;Client is not a minor in the jurisdiction of their domicile;Client will not access the Website through automated or non-human means;Client will not use the Website for any illegal or unauthorized purpose;Client’s use of the Website will not violate any applicable law or regulation.
4. Prohibited Activities
The client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by GeoAsset on behalf of the Client. Further, Client agrees to refrain from the following: Make any unauthorized use of the Website;Retrieve data or content for the purposes of creating or compiling a database or directory;Circumvent, disable, or otherwise interfere with security-related features on the Website;Engage in unauthorized framing or linking of the Website;Trick, defraud or mislead GeoAsset or other users;Interfere with, disrupt or create an undue burden on the Website or GeoAsset’s networks or servers;Use the Website in an effort to compete with GeoAsset;Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;Harass, annoy, intimidate or threaten any of GeoAsset’s employees,independent contractors or agents providing services through the Website;Delete the copyright or other rights notice from any Content;Copy or adapt the Website’s software Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website;Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;Disparage, tarnish or otherwise harm GeoAsset;Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
5. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of GeoAsset and GeoAsset is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. GeoAsset shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”) and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgement, or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against GeoAsset for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
6. Management and Oversite
GeoAsset reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. GeoAsset further reserves the right to restrict or deny access to the website or disable the client’s use of the website. Such decision shall be in the sole discretion of GeoAsset, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of GeoAsset and shall be designed to protect GeoAsset’s rights and property.
7. Privacy Policy
By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU,Asia or other region of the world may result in the applicability of laws,statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of theWebsite and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. GeoAsset does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to GeoAsset without parental consent, GeoAsset shall delete that information as soon as reasonably practical.
8. Returns and Refunds
GeoAsset reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case-by-case basis. Should client request a refund during the first month of use, all materials produced by GeoAsset are ownership of the company and are prohibited from being used by the Client in any way.
If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.
GeoAsset reserves the right to take appropriate legal action against Client for breach of this paragraph.
9. Modification
GeoAsset reserves the right to change, alter, modify, amend, or remove anything or any content on the website for any reason at its sole discretion. GeoAsset reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.
10. Connection Interruptions
GeoAsset does not guarantee or warrant the Website will be always available and accessible. Issues with hardware, software or other items may result in interruption delays or errors beyond GeoAsset ’s control. Client agrees that GeoAsset shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.
11. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principles.
12. Litigation
Any legal action of whatever nature shall be brought in the state courts of Harris County, Texas or in the United States District Court for the state of Texas. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
13. Disclaimer
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. GeoAsset disclaims all warranties, expressor implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchant ability, fitness for a particular purpose and non-infringement. GeoAsset makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and GeoAsset assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of GeoAsset’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. GeoAsset does not warrant, endorse, guarantee,or assume responsibility for any product or service advertised or offered by third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.
14. Limitations of Liability and Indemnification
GeoAsset and its directors,employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental,special or punitive damages, including lost profit, lost revenue, lost data,attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify and hold harmless, GeoAsset and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:(1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, GeoAsset reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify GeoAsset hereunder. The client agrees to cooperate with the defense of such claims.
15. User Data
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. GeoAsset shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against GeoAsset from any such loss or corruption.
16. Electronic communications, transactions, and signatures
Client hereby consents to receive electronic communications from GeoAsset and Client agrees that all agreements,notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. The client hereby agrees to the use of electronic signatures, contracts, orders,and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by GeoAsset or through the Website.Client hereby waives any rights or requirements under any statutes,regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
17. Showcasing Deliverable Work
GeoAsset reserves to right to share any deliverable work on digital channels including social media, website,etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and GeoAsset, which in turn would void the right of GeoAsset to share or discuss Client's work publicly.
18. Referrals
Referral tracking and payouts are handled through our third-party partner.
19. Miscellaneous
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and GeoAsset. Failure of GeoAsset to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shallb e severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between Client and GeoAsset.
20. Contact Information
For any questions or complaints regarding the Website, please contact GeoAsset LLC at: sales@geoasset.co.
GeoAsset LLC,. (“us”, “we”, or “our”) operates [https://geoasset.co] (hereinafter referred to as “**Service**”).
Our Privacy Policy governs your visit to [https://geoasset.co) and explains how we collect, safeguard and disclose information that results from your use of our Service.
We use your data to provide and improve Service. By using Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
Our Terms and Conditions (“**Terms**”) govern all use of our Service and together with the Privacy Policy constitutes your agreement with us (“**agreement**”).
1. **Definitions**
**SERVICE** means the [https://geoasset.co] website operated by GeoAsset LLC.
**PERSONAL DATA** means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
**USAGE DATA** is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
**COOKIES** are small files stored on your device (computer or mobile device).
**DATA CONTROLLER** means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.
**DATA PROCESSORS (OR SERVICE PROVIDERS)** means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
**DATA SUBJECT** is any living individual who is the subject of Personal Data.
**THE USER** is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
1. **Your rights**
GeoAsset will not sell or share your Data as such terms are defined in the California Privacy Rights Act (“CPRA”). CPRA creates rights which include:
1. the right to correct inaccurate personal information;
2. the right to limit use and disclosure of sensitive personal information
3. the right to know (request disclosure of) personal information collected, from whom it was collected, why it was collected, and, if sold, to whom;
4. the right to delete personal information collected;
5. the right to opt-out of the sale of personal information (if applicable);
6. the right to opt-in to the sale of personal information;
7. the right to non-discriminatory treatment for exercising any rights; and
8. the right to initiate a private cause of action for data breaches.
1. **Information Collection and Use**
We collect several different types of information for various purposes to provide and improve our Service to you.
1. **Types of Data Collected**
**Personal Data**
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“**Personal Data**”). Personally identifiable information may include, but is not limited to:
(a) Email address
(b) First name and last name
(c) Address, State, Province, ZIP/Postal code, City
(d) IP Address and Cookies
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by emailing to sales@geoasset.co
1. **Usage Data**
We may also collect information that your browser sends whenever you visit our Service (“**Usage Data**”).
This Usage Data includes your computer's de-idenitified Internet Protocol address (IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. GeoAsset owns the intellectual property rights in the Usage Data.
**Tracking Cookies Data**
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
1. **Session Cookies:** We use Session Cookies to operate our Service.
2. **Preference Cookies:** We use Preference Cookies to remember your preferences and various settings.
3. **Security Cookies:** We use Security Cookies for security purposes.
4. **Advertising Cookies:** Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
5. **Use of Data**
GeoAsset LLC, uses the collected data for various purposes:
(a) to provide and maintain our Service;
(b) to notify you about changes to our Service;
(c) to allow you to participate in interactive features of our Service when you choose to do so;
(d) to provide customer support;
(e) to gather analysis or valuable information so that we can improve our Service;
(f) to monitor the usage of our Service;
(g) to detect, prevent and address technical issues;
(h) to fulfill any other purpose for which you provide it;
(i) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
(j) to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
(k) to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
(l) in any other way we may describe when you provide the information;
(m) for any other purpose with your consent.
1. **Retention of Data**
We will retain your Personal Data only for as long as is necessary for the purposes set out in the Agreement and this Privacy Policy but no more than twelve months after the termination of your Account. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws, resolve disputes, and enforce our legal agreements and policies.
1. **Processing Location**
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to process the data in the United States.
1. **Disclosure of Data**
We may disclose personal information that we collect, or you provide:
**(a) Disclosure for Law Enforcement.**
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
**(b) Business Transaction.**
If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
**(c) Other cases. We may disclose your information also:**
(i) to our subsidiaries and affiliates;
(ii) to contractors, service providers, and other third parties we use to support our business;
(iii) to fulfill the purpose for which you provide it;
(iv) for any other purpose disclosed by us when you provide the information;
(v) with your consent in any other cases;
(vi) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
1. **Security of Data**
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Our Policy on “Do Not Track” Signals:
We do not respond to DNT signals or similar mechanisms transmitted by web browsers.
1. **Service Providers**
We may employ third party companies and individuals to facilitate our Service (“**Service Providers**”), provide Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Customer.io is a marketing platform that enables GeoAsset to send emails and text messages. To opt out, email [sales@geoasset.co]
1. **Analytics**
We may use third-party Service Providers to monitor and analyze the use of our Service.
**Google Analytics**
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
**Heap**
Heap is an analytics software which captures and analyses user interactions to produce reports based on real-time data of user behavior on websites and apps.
For more information on the privacy practices of Heap, please visit the Heaps Privacy Policy web page: https://heap.io/privacy
**Sentry**
Sentry is open-source error tracking solution provided by Functional Software Inc. More information is available here: https://sentry.io/privacy/
1. **CI/CD tools**
We may use third-party Service Providers to automate the development process of our Service.
**GitHub**
GitHub is provided by GitHub, Inc.
GitHub is a development platform to host and review code, manage projects, and build software.
For more information on what data GitHub collects for what purpose and how the protection of the data is ensured, please visit GitHub Privacy Policy page: [[https://help.github.com/en/articles/github-privacy-statement.](https://help.github.com/en/articles/github-privacy-statement)](https://help.github.com/en/articles/github-privacy-statement.%5D(https:/help.github.com/en/articles/github-privacy-statement))
1. **Behavioral Remarketing**
GeoAsset LLC uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.
**Google Ads (AdWords)**
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: https://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
1. **Links to Other Sites**
Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
1. **Children's Privacy**
Our Services are not intended for use by children age 13 and under for users in the United States, Belgium, Denmark, Portugal, Sweden and the United Kingdom, 14 and under in China, Spain, Bulgaria, Austria, Cyprus, Italy and Lithuania, 15 and under in Slovenia, Check Republic, Greece and France and 18 and under for India, Columbia, Indonesia, Egypt and 16 and under all other countries (“Children”).
We do not knowingly collect personally identifiable information from Children. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
1. **Educational Policies such as COPPA, FERPA and DPA**
We work with many schools and school districts with COPPA and FERPA requirements. We also have a robust Data Processing Agreement (DPA) framework in place. Please reach out to our privacy team at [sales@geoasset.co] for next steps, including our DPA agreement.
1. **Changes to This Privacy Policy**
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
1. **Notice and Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code**
GeoAsset is committed to respecting and protecting the legal rights of copyright owners. As such, GeoAsset adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the materials infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to GeoAsset’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
(c) Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; (d)Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
GeoAsset’s Copyright Agent to receive DMCA Takedown Notices is:
[sales@geoassset.co]
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Contact Us
If you have any questions about this Privacy Policy, please contact us at [sales@geoasset.co]