- Requirements for Use of Geogad's Services
- Electronic Communications
- Burning Geogad Digital Products to CD
- Transferring Geogad Digital Products to a Portable Player
- Ripping Geogad Digital Products from CD
- Delivery of Product
- Your Information
- User Account, Password, and Security
- Security, Cracking and Hacking
- Geogad Content License
- Geogad Site Access License
- No Other License
- Geogad.com Gift Certificates
- Reviews, Comments, Communications, and Other Content
- Denial of Service
- Right to Change Prices
- Agreement to Pay
- Risk of Loss
- Product Descriptions
- No Advice
- Electronic Signatures and Contracts
- Intellectual Property
- Termination of Service
- General Compliance with Laws; Export Restrictions
- No Responsibility for Third Party Materials
- Disclaimer of Warranties and Limitation of Liability
- Governing Law
Last Updated: March 3, 2008
Geogad and its affiliates provide their services to you subject to the following conditions. If you visit or shop at the Geogad web site, you accept these conditions. Please read them carefully. In addition, when you use any current or future Geogad service or visit or purchase from any business affiliated with Geogad, you also will be subject to the guidelines and conditions applicable to such service or business.
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND GEOGAD ("WE", "US", OR "GEOGAD") THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE GEOGAD WEB SITE AND SERVICES (THE "WEBSITE" OR "WEB SITE"). THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, SOFTWARE LICENSES, PROMOTIONAL OFFER TERMS AND ALL OF GEOGAD'S RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT" BETWEEN YOU AND GEOGAD. BY ACCESSING THE GEOGAD SITE AND USING ANY OF THE GEOGAD SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. BY USING THE WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE.
Requirements for Use of Geogad's Services
Geogad's services are for individuals over 18 years of age who can form legally binding contracts under applicable law. If you do not meet the foregoing or other applicable requirements, you may not use Geogad's services.
When you visit the web site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Geogad and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Geogad and protected by U.S. and international copyright laws. All software used on this site is the property of Geogad or its software suppliers and protected by United States and international copyright laws.
Burning Geogad Digital Products to CD
You may burn a Geogad Digital Product to CD up to 4 times provided that you agree not to copy, distribute or transfer the Product to any other device. Burning or transferring the Product shall not waive any rights of the copyright owners in respect of the files or media burned or transferred.
Transferring Geogad Digital Products to a Portable Player
You may transfer a Geogad Digital Product any number of times to a portable device. Once transferred to a portable device, you agree not to copy, distribute or transfer it from that device to any other media. Burning or transferring the Product shall not waive any rights of the copyright owners in respect of the files or media burned or transferred.
Ripping Geogad Digital Products from CD
You may rip, or copy to a computer, a Geogad Digital Product from CD up to 4 times provided that you agree not to copy, distribute or transfer the Product to any other device except for a single portable player. Ripping or transferring the Product shall not waive any rights of the copyright owners in respect of the files or media burned or transferred.
Delivery of Product
Geogad makes every effort to provide a broad offering of tours and related merchandise (the "Product"). For this reason, Geogad reserves the right to change tour programs and related merchandise options without notice.
On occasion, technical and other problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by Geogad.
While Geogad Mobile Tours direct you to well-populated, visitor-friendly areas, and every tour has been tested by our staff, you are responsible to be aware of your surroundings at all times while listening to a Geogad Product. Geogad is not responsible for any theft of property or other criminal acts or accidents that may occur during the use of its Products. You are responsible for following all traffic laws and maintaining your awareness of your surroundings while using a Geogad Product. Geogad is not responsible for any accidents that may occur during the use of its Products.
You agree to provide current, complete, and accurate information required to complete your registration with Geogad and at other points as may be required in the course of using the web site (such information will be referred to herein, collectively, as "Registration Data"). You further agree to maintain and update the Registration Data as required to keep it current, complete, and accurate. You shall not use a false or misleading name or a name that you are not authorized to use. If any information you provide is false, incomplete, or inaccurate, we may terminate your rights to any or all of Geogad's web site and service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use the Registration Data that you provide (including credit card information) for use in maintaining your accounts and billing Geogad fees to your credit card.
User Account, Password, and Security
As a registered user of the web site, you may receive or establish one or more passwords and accounts ("Geogad Account(s)"). You are solely responsible for maintaining the confidentiality and security of your passwords and Geogad Accounts. You may not divulge your password to anyone else or use anyone else's password or Geogad Account. You are entirely responsible for all activities that occur on or through your Geogad Account(s), and you agree to notify us immediately about any unauthorized use of Geogad Accounts or any breach of security. You agree that we will not be responsible for any losses incurred in connection with any misuse of passwords and you further agree that we will have no responsibility whatsoever for your failure to comply with this Paragraph. Your breach of this Paragraph may result in immediate termination of your Geogad Account(s), and may also subject you to criminal or civil liability. If you are under 18, you may use the website only with involvement of a parent or guardian. Geogad and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Security, Cracking and Hacking
You shall not violate or attempt to violate the security of the Geogad web site. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via the web site or Geogad software.
Geogad Content License
When you "clickout" or otherwise "purchase" (referred to herein, collectively as "Purchase") Geogad Content from the website, Geogad grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such Geogad Content to your computer and/or your Device(s) solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Geogad Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Geogad Content in any manner and you shall not exploit it commercially. Do not (A) decompile, disassemble, or reverse engineer the Geogad Content or attempt to do so; or (B) modify the Geogad Content or create any derivative works therefrom. This license to the Geogad Content you Purchase will continue for as long as your copy of Geogad Content exists pursuant to and in accordance with the terms and conditions of this Agreement.
Geogad Site Access License
Geogad grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of the web site and not to download (other than page caching) or modify all or any portion of the web site. This license does not include any resale or commercial use of the Geogad web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Geogad web site and/or any portion of the Geogad web site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Geogad, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of the Geogad web site so long as the link does not portray us, our content providers, our suppliers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Geogad logo or other proprietary graphic or trademark as part of the link without express written permission.
No Other License
Except as expressly stated herein, no rights or licenses are granted hereunder.
Geogad.com Gift Certificates
The purchase of a Geogad.com Gift Certificate ("Gift Certificate") is non-refundable and cannot be redeemed by the recipient for cash. Gift Certificates may be used to purchase any Geogad Product. Gift Certificates expire two (2) years from the date of purchase except in New Hampshire and California where prohibited by law.
Reviews, Comments, Communications, and Other Content
Visitors may send feedback to Geogad, such as reviews, comments, other content, submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
If you do post content or submit material, and unless we indicate otherwise, you grant Geogad and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the universe in any media. You grant Geogad and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post or submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Geogad or its affiliates for all claims resulting from content you supply. Geogad has the right but not the obligation to monitor and edit or remove any activity or content.
If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names ("Submissions") to Geogad or its website, you automatically grant (or warrant that the owner of the Submissions grants) to Geogad and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, universe-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Geogad or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Geogad and its assigns.
Denial of Service
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Geogad web site.
Right to Change Prices
Prices of all Geogad Products, including but not limited to Geogad Mobile Tours, are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the Geogad web site.
Agreement to Pay
You agree that you will pay timely, and that we may charge your credit card for any Geogad Product, and for any additional amounts (including any taxes, shipping, handling and late fees, as applicable) as may be accrued by or in connection with your Geogad Account(s) (collectively, "Geogad Fees"). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL GEOGAD FEES AND FOR PROVIDING GEOGAD WITH A VALID CREDIT CARD FOR PAYMENT OF ALL GEOGAD FEES. You agree that Geogad may use all legal means available to collect Geogad Fees should our attempts to charge your credit card fail for any reason. Geogad will charge you for any collection agency and legal fees it pays while collecting Geogad Fees from you.
Risk of Loss
We will exercise reasonable efforts to provide the Geogad web site and Geogad Products in a timely manner. On occasion, technical or supplier problems may delay or prevent delivery. Your exclusive and sole remedy with respect to a Geogad Product that is not delivered within a reasonable period will be replacement of such product with comparable product.
All physical items purchased from Geogad are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Geogad and its affiliates attempt to be as accurate as possible. However, Geogad does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a physical product offered by Geogad itself is not as described, your sole remedy is to return it in unused condition. Electronic Digital Downloads of Geogad Mobile Tours cannot be returned. All sales are final and all charges from those sales are nonrefundable, except as otherwise stated in this agreement.
The Geogad website is not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the website.
Communications sent to Geogad by means of the website or email are not considered delivered or effective unless and until they are actually received and processed by Geogad's responsible representative.
Electronic Signatures and Contracts
Your use of the Geogad web site includes the ability to enter into agreements and/or to make Purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR YOUR PURCHASES AND APPLIES TO ALL ELECTRONIC COMMUNICATIONS AND RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE.
YOU CONSENT TO GEOGAD PROVIDING YOU ANY INFORMATION THAT GEOGAD IS REQUIRED TO SEND YOU REGARDING YOUR AGREEMENT, PURCHASES AND OTHER TRANSACTIONS ("REQUIRED INFORMATION") IN ELECTRONIC FORM. GEOGAD MAY PROVIDE REQUIRED INFORMATION TO YOU (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED IN YOUR GEOGAD ACCOUNT, (2) BY ACCESS TO THE GEOGAD WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) BY ACCESS TO THE GEOGAD WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE. YOU MAY REQUEST A PAPER COPY OF ANY REQUIRED INFORMATION.
IN ORDER FOR YOU TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS, YOU MUST HAVE THE FOLLOWING HARDWARE AND SOFTWARE: A COMPUTER CAPABLE OF READING TEXT FILES, A MODEM OR OTHER MEANS OF ACCESSING THE INTERNET, AND A BROWSER CAPABLE OF ACCESSING AND DISPLAYING WEB PAGES.
NOTWITHSTANDING YOUR CONSENT AS SET FORTH IN THIS SECTION, YOU MAY AT ANY TIME OBTAIN A PAPER COPY OF AN ELECTRONIC RECORD BY SENDING FEEDBACK TO US AND PAYING A NOMINAL FEE PER COPY.
YOUR CONSENT TO THE ELECTRONIC AGREEMENTS SET FORTH ABOVE IS NECESSARY FOR USE OF THE GEOGAD WEB SITE. YOU MAY WITHDRAW CONSENT BY SENDING GEOGAD AN E-MAIL CONTAINING INFORMATION UNIQUE TO YOU INCLUDING YOUR ACCOUNT INFORMATION; HOWEVER, THIS WILL RESULT IN A TERMINATION OF THIS AGREEMENT AND OF YOUR ABILITY TO USE THE GEOGAD WEB SITE AND ITS SERVICES.
Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any Geogad Product or other materials comprising a part of the Geogad Service that violate or otherwise allegedly infringe on the copyright or other intellectual property or proprietary rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such Geogad Product or materials under this Agreement.
If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of Geogad Fees due, failure to provide Geogad with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Geogad Account information and password, or violation of the Geogad Content License or the Geogad Site Access License or any license to Geogad Software, Geogad, at its sole discretion, may: (A) terminate this Agreement and/or your Geogad Account and you will remain liable for all amounts due under your Geogad Account up to and including the date of termination; and/or (B) terminate the Geogad Content License, the Geogad Site Access License and/or licenses to Geogad Software; and/or (C) preclude access to the Geogad web site (or any part thereof). We will notify you if we take any of the foregoing actions.
Termination of Service
We reserve the right to modify, suspend or discontinue the Geogad web site (or any part thereof) or any Geogad Content (or any part thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights. In the event that we exercise such right, you may be entitled to a refund, in our sole discretion, depending upon your Geogad Account and the other Purchases you have made from Geogad.
General Compliance with Laws; Export Restrictions
Geogad is controlled and operated by us from our offices within the United States. You agree to comply with all local, state, federal, national and international laws, statutes, ordinances and regulations that apply to your use of the Geogad web site and products, including as they relate to export or re-export into (or to a national or resident of) any country to which the United States embargoes goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
No Responsibility for Third Party Materials
Certain content, Geogad Content, Products and services available via the Geogad web site may include materials from third parties. In addition, we may provide links to certain third party Web sites. With respect to such material, we are a distributor, not a publisher. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or Web sites. Geogad does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or Web sites, or for any other materials, products or services of third parties. Links to other Web sites are provided solely as a convenience to you.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY GEOGAD ON AN "AS IS" AND "AS AVAILABLE" BASIS. GEOGAD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GEOGAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GEOGAD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GEOGAD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GEOGAD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
There is no warranty, express or implied, on the content, quality, or technical compatibility of audio and image materials and information services downloaded through the Geogad web site.
The foregoing warranties do not cover defects caused by viruses, disabling codes, accident, mishandling, misuse, improper installation, service or maintenance, modification of the Geogad Software or Geogad Content or the media on which the Geogad Software and Geogad Content are furnished, or the user's lack of the necessary hardware/software.
NO GEOGAD EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED IN THIS PARAGRAPH. THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT.
IN NO EVENT SHALL GEOGAD HAVE ANY LIABILITY WHATSOEVER FOR ANY LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE GEOGAD WEB SITE OR GEOGAD CONTENT. IN NO EVENT SHALL GEOGAD HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR GEOGAD ACCOUNTS, OR ARISING OUT OF ITS GOOD FAITH REMOVAL OR DISABLING OF ANY GEOGAD CONTENT. SUBJECT TO THE AVAILABILITY OF THE GEOGAD CONTENT AND GEOGAD'S LIMITED EXPRESS WARRANTY HEREIN, GEOGAD IS NOT RESPONSIBLE FOR ANY CLAIMS INVOLVING THE TIMELINESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE GEOGAD CONTENT YOU DOWNLOAD OR OTHERWISE ACCESS FROM OR THROUGH THE GEOGAD WEB SITE.
WITH RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT, IN NO EVENT SHALL GEOGAD OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR RELATED TO USE OR INABILITY TO USE GEOGAD ACCOUNT(S), GEOGAD SOFTWARE, GEOGAD CONTENT OR THE GEOGAD WEB SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL GEOGAD BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THE GEOGAD WEB SITE OR GEOGAD CONTENT OR GEOGAD SOFTWARE (OR ANY PART THEREOF) IN EXCESS OF THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR SOFTWARE OR CONTENT GIVING RISE TO THE DAMAGE, OR (B) TWENTY DOLLARS (US$20).
Some states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusion thereof may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state.
You agree to indemnify and hold harmless Geogad, its affiliates, subsidiaries, shareholders, officers and directors, agents, employees, and partners from any third party claim or demand, including reasonable attorneys' fees for damages and/or costs due to or arising out of your breach of this Agreement and/or your use of the Geogad web site, Geogad Software, products and/or the Geogad Content.
This Agreement will be exclusively governed by the laws of the State of California without regard to its principles on the conflicts of laws.
Any controversy or claim arising out of or relating to this Agreement or its breach, with the exception of injunctive relief sought by Geogad for any violation of Geogad's intellectual property or other proprietary rights or of the licenses granted pursuant to this Agreement, will be settled by arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, if you are domiciled outside the United States, then the dispute will be resolved by arbitration under the then-current International Arbitration Rules of the American Arbitration Association. The location of the arbitration shall be Santa Clara, CA, USA.
We reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the GEOGAD web site, Geogad Content, Geogad Software and products. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to the Geogad web site. Your continued use of the Geogad web site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. If any of these conditions shall be 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 condition.