Terms of Use - GeoBrush COM

Last updated: August 25, 2004

USE OF OUR WEB SITE CONSTITUES ACCEPTANCE OF THESE TERMS

GeoBrush maintains this web site as a convenience to our customers. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree to be bound by the following terms of use and to comply with all applicable laws and regulations. If you do not agree to these terms, you should not review information or obtain goods or products from this site.

General

The content, information, graphics, design, compilation, products, software, services and all other matters related to this web site ("Materials") are protected by law, including, but not limited to, copyright laws and international treaties. Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The invalidity or unenforceability of any provision of these terms of use will not affect the validity or enforceability of any other provision of these terms of use. GeoBrush reserves the right to modify or to terminate your use of our site without notice if you fail to comply with any term of these terms of use as we may determine in our sole discretion. Upon termination, you must destroy all Materials and any copies obtained from this web site. Your right to use the web site is not transferable. Any password or right given to you to obtain Materials is not transferable. Except as set forth the "Use of Software and Data" Section below, these terms of use contain our entire understanding relating to the use of this web site and supersede any prior written or oral agreement or understandings between us with respect to this web site, and cannot be changed or terminated except in writing by an authorized representative of GeoBrush.
Nothing on this web site is intended to be, nor should be construed as an offer to sell or market securities. When evaluating our Company for any purpose you should take into account that our business and future prospects are subject to significant risks and uncertainties which include, without limitation risks associated with our limited operating history, a general downturn in economic conditions, adverse changes in IT spending trends, failure to expand our customer base, the length and complexity of GeoBrush's sales cycle, changes in the needs and priorities of customers and potential customers, reduced market acceptance of our products and services, the impact of increased competition, failure to manage technological change, dependence on product enhancements, the market acceptance of our new products and web services architecture and strategy, our ability to increase the size and productivity of our direct sales force, our ability to manage costs, and our ability to provide a return on investment to our customers. We caution you not to place undue reliance upon any contents of this web site. We cannot guarantee any future operating results, activity, performance or achievement.

Modification

GeoBrush reserves the right in its sole discretion to modify or delete any Material appearing on the web site or to terminate this web site without notice. GeoBrush may in the future alter or add to these Terms of Use, but cannot guarantee that you will receive notice. Accordingly, you agree to check this part of our site from time to time to see if there has been a change.

Copy and Use Restrictions

This web site is owned and operated by GeoBrush, which owns or licenses, or has the right to display, all the Material provided on this web site. Except as stated herein, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of GeoBrush or the copyright, trademark and/or servicemark owner. Permission is granted to display, copy, distribute and download the Materials for personal, non-commercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials. Any unauthorized use of any Material contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not use the Materials for conducting unwanted solicitations or communications via email, electronic link, or otherwise, or for disseminating any information that is unlawful, pornographic, libelous.

Use of Software and Data

Any software or code downloaded by you from this web site, including, without limitation, any files, images incorporated in or generated by the software, code and data accompanying the software (collectively, the "Software") is licensed to you under terms of GeoBrush's standard license agreement or the specific Terms of Use (whether supplied by GeoBrush or a third party) applicable to any of the Materials (the "License Agreement"). Your rights to use the Software are expressly limited to the terms set forth in the License Agreement or Terms of Use. Access to or downloading of the Software does not in any way transfer title to the Software, or any intellectual property rights contained therein, to you.

Disclaimers

UNLESS OTHERWISE EXPLICITLY STATED, THE MATERIALS ARE FURNISHED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. GEOBRUSH MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU REGARDING THE MATERIALS. GEOBRUSH SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. GEOBRUSH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS WEB SITE OR ANY WEB SITES LINKED TO THIS WEB SITE.
IN NO EVENT WILL GEOBRUSH BE LIABLE FOR ANY INDIRECT DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE SERVICES PROVIDED, OR THE USE OR INABILITY TO USE ANY OF THE MATERIALS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF GEOBRUSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TOTAL LIABILITY OF GEOBRUSH WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS WEB SITE. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A SEPARATE LICENSE ARE GOVERNED SOLELY BY THAT LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You hereby agree to indemnify and hold GeoBrush harmless for any and all costs, damages, expenses, liabilities or obligations (including defense costs and attorneys fees) that it may incur as a result of claims asserted against it by any third party that directly or indirectly arise or otherwise relate to your access to and use of the Materials, including without limitation your failure to comply with the terms of this Agreement or any License Agreement.

Links to Third Party Sites

GeoBrush may provide links to third-party sites. GeoBrush does not control the linked sites and GeoBrush is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. GeoBrush is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GeoBrush of the site. If you decide to leave our web site and access these third-party sites, you do so at your own risk.

Copyright & Trademark

The Materials contain copyrighted, trademarked, and/or service marked animations, photographs, images, videos, text, music and sounds. Nothing on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Materials, without the prior written permission of the copyright, trademark and/or service mark owner. GeoBrush will enforce its intellectual property rights to the fullest extent of the law. The name of GeoBrush or the GeoBrush logo may not be used in any way, including in advertising or publicity pertaining to distribution of Materials on this web site, without prior written permission. GeoBrush prohibits use of the logo as an electronic link to any GeoBrush site unless establishment of such a link is approved in advanced by GeoBrush in writing.

Copyright © 2003 - 2004 GeoBrush and the GeoBrush Logo are either trademarks or registered trademarks of GeoBrush.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.