2. Use of the Products.
The TerraMar Project grants you a limited, non-exclusive, non-transferable and revocable license to access the The TerraMar Project Products and make non-commercial use of the Products and not to download or modify all or any portion of the data or other content available through The TerraMar Project Products (“Content”) unless the context clearly dictates otherwise. The Content and/or any portion of the Content may not be copied, reproduced, sold, visited or otherwise exploited for any commercial purpose without written consent of The TerraMar Project. This license shall automatically terminate if you violate any of these terms. The TerraMar Project may terminate this license at any time. Upon terminating your license to use the Products and/ or Content, you must destroy any downloaded data in your possession in any format.
2.1. Restrictions on the use of the Products and Content.
Without written consent of The TerraMar Project this license does not include:
(a) any reuse or commercial use of the Products or Content or any use of data mining or similar data extraction tools;
(b) any extracting of the source code of the Products or any part thereof;
(c) excessive use of the Products. Excessive use is determined by resource consumption relative to that of a typical user of the Product;
(d) right to collect, store, sell or disclose personal data about other users of the Products.
3. Privacy Statement.
TerraMar is committed to protecting its users privacy. Authorized employees within the company, on a “need to know” basis only, may use any information collected from individual customers.
3.1 Privacy Bill of Rights.
The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.
5. Deleting and Modification.
We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
6. Disclaimer, Infringement, Limitation of Liability.
BY USING THE PRODUCTS, YOU HEREBY AGREE TO FULLY INDEMNIFY THE TERRAMAR PROJECT FROM AND AGAINST ANY THIRD-PARTY CLAIMS RELATING TO ALLEGED INFRINGEMENT BY YOU, AS APPLICABLE, OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
THE PRODUCTS AND/ OR CONTENT ON THE TERRAMAR PROJECT’S WEBSITE ARE PROVIDED “AS IS” AND THE TERRAMAR PROJECT MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, THE TERRAMAR PROJECT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY OR RELIABILITY OF THE USE OF THE CONTENT AVAILABLE THROUGH ITS PRODUCTS OR OTHERWISE RELATING TO THIS CONTENT AND/ OR PRODUCTS OR ON ANY SITES LINKED TO THIS WEBSITE.
IN NO EVENT WILL THE TERRAMAR PROJECT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER DAMAGES IN CONNECTION TO OPERATION, USE OR OTHER EXPLOITATION OF PRODUCTS AND/ OR CONTENT (INCLUDING LOSS OF PROFITS, DATA, OR ECONOMIC ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, EVEN IF THE TERRAMAR PROJECT HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.
8. Third-Party Website.
All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.
8. Governing Law
Any claim relating to The TerraMar Project’s Products shall be governed by the laws of the State of New York and you and The TerraMar Project hereby agree to a venue in the appropriate courts located in New York, New York, to resolve any dispute hereunder.