For the purpose of this agreement, GEOS shall refer collectively to GEOS Safety Solutions, Inc. and GEOS Response, llc. the home of the International Emergency Response Coordination Center (IERCC), both of which are wholly owned by GEOS World Wide, Ltd.
Service may become limited or temporarily unavailable without notice from time to time due to any number of reasons associated with managing an Emergency Operations Center, that relies on networks and communications systems outside of the Control of GEOS. Further, many of the devices and applications supported by GEOS, such as satellite-based service requires a clear line of sight between the Device or Application unit and the satellite; therefore, the service is inherently subject to transmission and reception limitations. This functionality also includes GPS functions in devices that are attempting to collect location specific service directly from a GPS Satellite, without any form of software assist such as A-GPS.
To the fullest extent permitted by law, your use of a GEOS Supported or GEOS Provided product constitutes acceptance of the fact that GEOS and its Service Providers and affiliates, and their affiliates, respective employees, directors, officers, agents and suppliers, hereby expressly limit liability for any claims, damages, losses, costs and expenses incurred by you, however caused and even if such damages were reasonably foreseeable, to a total, maximum aggregate value not to exceed the amount of service fees paid by you. Further information concerning the limitations of liability for use of this product and service can be found in the Terms of Service available at http://www.geosresponse.com/terms-of-use.html.
1) NOTICE TO USER / ACCEPTANCE OF TERMS.
PLEASE READ THESE LEGAL NOTICES CAREFULLY. BY USING GEOS SUPPORTED DEVICE OR APPLICATION, AND/OR THE SERVICE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THESE LEGAL NOTICES, INCLUDING THOSE LEGAL AGREEMENTS AND TERMS AND CONDITIONS WHICH HAVE BEEN INCORPORATED BY REFERENCE INTO THESE LEGAL NOTICES. THIS INCLUDES, BUT IS NOT LIMITED TO, THE GEOS PARTNER LIMITED WARRANTY, THE TERMS OF SERVICE AND THE EULA AND ANY AND ALL LIMITATIONS OF LIABILITY AND/OR DISCLAIMER OF WARRANTY CONTAINED THEREIN. YOU UNDERSTAND AND AGREE THAT YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO SUBSCRIBE TO THE SERVICE. YOU UNDERSTAND AND AGREE THAT THESE LEGAL NOTICES ARE ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE OR REGISTER TO USE THE GEOS EMERGENCY MONITORING RESPONSE AND COORDINATION SERVICE.
2) USE OF YOUR GEOS SUPPORTED or GEOS PROVIDED APPLICATION/DEVICE
2.1 GEOS Supported devices and applications are provided by GEOS certified partners and are tested extensively by the GEOS IERCC to ensure safety, feature accuracy, location accuracy, message transmission, and any/all other functions that are required for the type of device, application and the stated use thereof.
2.2 GEOS also provides a Global Safety Application developed for GEOS by a certified third-party development partner, that is also subjected to the same rigorous testing and certification processes as listed above in 2.1.
2.3 Familiarization with your GEOS Supported Device/Application. You understand and agree that it is your responsibility to familiarize yourself with the registration, operation and use of your GEOS Supported Device, including reading your User Guide, and familiarizing yourself with the use of any on-line portal required for management of the device or application, or for management of your user profile. You agree that you will use the GEOS Supported Device or Application only in accordance with those instructions.
2.4 Coverage. GEOS Supported Satellite devices have stated coverage areas or maps dependent on the satellite network provider that the device or application communicates on. You agree that you will review the coverage maps, including any disclaimers of the provider of these satellite networks and satellite devices and applications. These satellite devices and applications also require a clear view of the sky in order to communicate. Satellites are not only used for communications in satellite communication devices, all of the solutions supported by GEOS require a GPS signal, acquired from the GPS satellite constellation in order to transmit accurate position information to the GEOS IERCC.
2.5 Important Tips. Your Satellite, or any non-software assisted device or application needs a clear view of the sky to obtain a GPS signal and provide the most accurate location information. It is not reliable indoors, in a cave, or in very dense woods, or other areas where the view of the GPS satellite network is not available. For cellular based devices that rely on assisted GPS software, Wi-Fi should be enabled to better provide an accurate position, however, while inside buildings, or other structures, or in urban canyons, your position accuracy can be affected.
2.6 Complete and Accurate Information. You acknowledge and accept that the information required in your user account (profile), including your Registration Data, contact information, designated contacts, social connectivity settings, supported GEOS Service options and pre-programmed messages (if supported), is essential for proper provision of the Service. You accordingly certify that the information supplied by you is accurate in all respects. It is your responsibility to ensure that the information supplied by you remains accurate, complete and up to date. Please contact customer support for assistance.
2.8 False SOS Emergency Transmissions. You are solely responsible for any charges that may be assessed by emergency responders for either false SOS emergency signals and/or in relation to search and rescue activities resulting from you or your authorized user’s transmission of a SOS Emergency Transmission.
2.9 Support and Customer Service. GEOS Customer support can be reached via email at firstname.lastname@example.org, or by calling +1.832.799.6322, or +1.855.238.1908 (TOLL FREE), 8 AM to 5 PM US Central Time.
For the current and full terms and conditions governing the use of GEOS Supported Device or Application, please refer to the providers website.
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU AND GEOS (Representing GEOS Safety Solutions, Inc. and GEOS Response, llc). YOU UNDERSTAND AND AGREE THAT YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE AND THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS EULA, AND AS MAY BE AMENDED, APPLIES TO THE USE OF ANY SOFTWARE, DEVICE OR APPLICATION SUPPORTED BY OR PROVIDED DIRECTLY BY GEOS. THIS EULA IF IN CONFLICT OF EULA PROVIDED BY THE DEVICE OR APPLICATION PROVIDER SHALL SUPERSEDE AS IT RELATES TO GEOS PROVIDED SERVICES INCLUDING EMERGENCY ALERT MONITORING, COMMUNICATION, RESPONSE AND COORDINATION. BY REGISTERING YOUR DEVICE AND/OR APPLICATION WITH THE GEOS PARTNER AND SUBSEQUENTLY THE GEOS SERVICE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA OR ANY APPLICABLE AMENDMENTS. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE THE DEVICE OR APPLICATION AND IMMEDIATELY NOTIFY THE PROVIDER OF THE GEOS SUPPORTED DEVICE AND/OR APPLICATION.
3.1 Ownership and Grant of License. The GEOS services utilize proprietary software, communications solutions, policies and procedures. By utilizing the GEOS service, there is no transfer of ownership of or grant of license to any of these, including any Intellectual Property owned by GEOS or GEOS Partners, contractors or providers.
3.2 Other Restrictions on Use. You agree that you will not remove or obscure any proprietary rights notices, copyright notices or trademarks associated with the Software. You agree that you will not copy, sell, license, distribute, transfer, modify, adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software for any purpose. You agree that you will not attempt to circumvent or defeat the security or content usage rules contained in the Software and/or use the Software in violation of any law or third party rights.
3.3 Software Changes and Updates. You agree that GEOS or our third-party providers may make changes to the Software and associated Services in order to comply with applicable laws, to maintain or improve the Software and/or the Services or for other business reasons, without notice to you and without liability for any changes in your ability to use the Device, Application, Software, and/or Service, including compatibility issues, as a result of such changes. These updates may take the form of bug fixes, enhanced functions, new software modules and completely new versions. This License does not grant any rights to obtaining future upgrades, updates or supplements of the Software. If upgrades, updates or supplements of the Software are obtained, however, the use of such upgrades or updates is governed by this EULA and the amendments that may accompany them and may be subject to additional payments and conditions. GEOS and GEOS Certified Partners reserve the right to mandate you to install the most recent Software version in order to obtain continued Service. Any such mandatory Software updates will be at no additional cost to you.
3.4 Content License from You. You agree that you are solely responsible for (and that GEOS and/or any GEOS Partner has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Device, Application, Software and/or the Service and for the consequences of your actions by doing so. You acknowledge that emergency, and some non-emergency messages may include your location information. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Application, Software and/or Service.
3.6 Term and Termination. The license commences upon your use of the GEOS Service, or upon your downloading of any associated Software updates, and is effective until terminated by You, Your Device/Application Provider or GEOS. If you want to terminate, you may do so be ceasing to utilize the GEOS Supported Device and/or Application and terminating the associated Service as allowed under the GEOS Terms of Service. You agree that we may terminate this EULA and the provision of associated Services to you at any time without notice or liability to you if you are in breach of this EULA or act in any manner which clearly shows you do not intend to, or are unable to, comply with the EULA. GEOS may also terminate this EULA if required to do so by governmental regulatory body and/or law. In such event, you must cease using the GEOS Supported Device, and/or application, and Service. All provisions relating to confidentiality, indemnity, proprietary rights, and non-disclosure shall survive the termination of this Agreement. All other rights and obligations of the parties shall cease upon termination including, but not limited to, all licenses granted hereunder. If terminated by GEOS, GEOS may place a notice on your account or may send an email message to your last email address known to GEOS. GEOS will have no liability if you do not receive GEOS' notification.
3.7 Privacy. GEOS is committed to maintaining your privacy. In order to access the Service, you will be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to GEOS will always be accurate, correct and up to date. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Software and Service. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to immediately notify the provider of the GEOS Supported Device/Application, or if provided directly by GEOS, contact GEOS customer support immediately. GEOS will keep your personal data private and confidential, provided however GEOS may provide such information as required to emergency responders in the event that you or your authorized user triggers a SOS/911 Emergency Signal, including your name, registration information, location and message history. GEOS may also provide information regarding your data transmissions to your immediate family members, provided emergency contacts and/or emergency responders should it be reasonably determined that an emergency may exist. GEOS may also share with third parties certain pieces of non-personal, aggregated information, meaning that information from many users is grouped together and is disclosed in such a way that it does not reveal the identity of any particular user, such as GEOS Supported Solution and Service User demographic data or device/application usage data for marketing, advertising or other business purposes. GEOS will not monitor the content of your pre-programmed Type and Send or e-mail messages to your Contacts. GEOS will not sell or otherwise pass your personal information to third parties, except if required by law or pertinent to judicial or governmental investigations or proceedings or if we consider it necessary to do so to prevent risk of death or serious personal injury to you or others. There are no other circumstances under which we will provide or sell personal information to third parties. You consent to the foregoing collection, use and disclosure of your personal information and to our collection, use and disclosure of your personal information as set out in this section. GEOS may also have separate privacy policies regarding the handling of your data, please refer to http://geossafetysolutions.com/privacy.html for more details.
3.8 Commercial Items / US Government Restricted Rights. This Software and documentation have been developed entirely with private funds. The use of the Software and related documentation by any entity of the Unites States Government is restricted by the terms of this EULA. The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as specified under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
3.9 Indemnity. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless GEOS and its affiliates, licensors and suppliers their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or in connection with your use of the Software.
3.10 Disclaimer of Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,THE SOFTWARE AND SERVICE IS PROVIDED ‘AS IS’ AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SOFTWARE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. GEOS GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SOFTWARE, THE SERVICE OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE OR OTHER COMMUNICATION SYSTEMS USED BY THE GEOS SUPPORTED PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS AND/OR NON-EMERGENCY TRANSMISSIONS. GEOS MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD-PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY GEOS SOLUTION DEVELOPER, SOLUTION PROVIDER, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3.11 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, GEOS AND ITS SERVICE PROVIDERS AND AFFILIATES, AND THEIR AFFILIATES, RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE LIABILITY FOR ANY DAMAGES OR CLAIMS, INCLUDING INJURY OR DEATH, AND ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP) WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE SOFTWARE AND/OR SERVICE (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICE) OR ITS USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SOFTWARE AND/OR SERVICE. GEOS AND ITS AFFILIATES AND/OR SERVICE PROVIDERS, INCLUDING ALL GEOS CERTIFIED DEVELOPERS, SOLUTION PROVIDERS, NETWORK PROVIDERS, GOOGLE MAPS™, THE HOUSTON BUNKER, GLOBALSTAR, GARMIN, IRIDIUM, INMARSAT, AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS EXCLUDE ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE SATELLITE SYSTEM, THE SOFTWARE, THE SERVICE AND/OR THE SOS EMERGENCY MONITORING AND RESPONSE. THIS LIMITATIONS INCLUDES ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES AS SPECIFIED IN THE GEOS TERMS OF SERVICE.
3.12 Changes to the EULA. GEOS reserves the right to change the terms and conditions of this EULA at any time. You can find the most current EULA at www.geosresponse.com, and www.geossafetysolutions.com. You understand and agree that if you use the services after the date on which the terms or additional terms have changed, GEOS will treat your use as acceptance of the updated terms or additional terms.
3.13 Translations. Where GEOS has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with GEOS. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence. The parties expressly request that this Agreement and any document related thereto be drafted in the English language. / Les parties requièrent expressément que le présent contrat et tous les documents y afférents soient rédigés en langue anglaise. (French) / Los partidos expreso piden que este acuerdo y relativo al documento además estén elaborados en la lengua inglesa. (Spanish) / Die Parteien fordern ausdrücklich, dass diese Vereinbarung und irgendwie dokumentabhängige dazu in der englischen Sprache gezeichnet werden. (German) / I partiti espressamente chiedono che questi accordo ed affatto inerente ai documenti a ciò be sono disegnati nella lingua inglese (Italian) / Os partidos pedem expressa que estes acordo e relativo ao documento estejam esboçados a isso na língua inglesa. (Portuguese) / De partijen verzoeken uitdrukkelijk om dat deze daaraan verwante Overeenkomst en om het even welk document in Engelstalig worden opgesteld. (Dutch) / Τα συμβαλλόμενα μέρη ρητώς ζητούν να συνταχθούν αυτή η συμφωνία και οποιοδήποτε έγγραφο σχετικές επιπλέον στη αγγλική γλώσσα.(Greek). / 党は明白にこの一致および文書が英語でそれに起草されるように関連しているように要求する。(Japanese) / 당은 급행으로 이 계약 및 어떤 문서든지 영어에서 다시 설계도가 그려진ㄴ다는 것을 관련되었다는 것을 요구한다. (Korean) / Партии курьерски спрашивают, чтобы это согласование и любой документ отнесли к тому были начерчены в английском языке. (Russian)
3.14 Governing Law. This EULA will be governed and construed in all respects by the laws of the State of Delaware without regard to its conflict of laws provisions. You and GEOS agree to submit to the exclusive jurisdiction of the courts located within the state of Delaware to resolve any legal matter arising from this EULA.
3.15 General. This EULA constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any headings are provided for convenience only. You may not assign this EULA or any of your rights or obligations hereunder, but GEOS may assign this EULA and any of its rights and obligations hereunder and this EULA shall inure to the benefit of and is binding on GEOS' respective successors and permitted assigns. The failure of GEOS to exercise or enforce any right under this EULA shall not constitute a waiver of such right. All rights and remedies granted to GEOS are cumulative and not alternate. If any provision of this EULA is found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of this EULA, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one. Any provisions that expressly or by their nature should survive termination of this EULA, including disclaimer of warranty, indemnity rights and limitation of liability, shall survive such termination. All legal notices to GEOS must be sent to: email@example.com or to GEOS Safety Solutions, Inc, 550 Club Drive, Suite 332, Montgomery, TX 77316, Attn: Contracts.
Fair Use Policy
The GEOS Global Safety Fusion Center (GSFC) is a multi-tenanted, multi-user system capable of supporting many thousands of satellite messaging devices, monitoring applications and emergency notification systems. Access to GSFC is granted subject to a Fair Use Policy designed to ensure that excessive use of GSFC's monitoring and messaging features by a minority of users does not adversely affect the service levels provided to the majority.
The following activities are not permitted within GSFC:
- Unlawful, fraudulent, criminal or otherwise illegal activities.
- Sending, receiving, distributing, disseminating, encouraging the receipt of, uploading, downloading, or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person.
- Use for commercial purposes, other than what is agreed to with GEOS in writing as part of a commercial contract.
- Sending unsolicited emails, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters.
- Activities that invade another's privacy, cause annoyance, inconvenience or needless anxiety to any person.
- Activities that are in breach of any other third party's rights.
- Anything that may disrupt or interfere with the GSFC platform or services.
- Granting access to GSFC services to others, not specifically contracted to utilized the GSFC system and services.
- Making excessive use of, or placing unusual burdens on, the GSFC platform, for example by sending or receiving large volumes of email, or messages.
- Addition of more than 30 contact addresses within each Address Book group.
- Circumventing GEOS's authentication mechanism.
- Monitoring or recording the actions of any person entitled to be in your home or business premises without their knowledge or any person or thing outside of your home or premises including, without limitation, any public highway or roadway or another person's home or business premises.
Contractual arrangements with device and application resellers typically provide packaged bundles, where a device is permitted a fixed data or message allowance on a monthly basis. The data used by each device on the GSFC platform will be monitored each month and where usage exceeds the contractual allowance, GEOS reserves the right to take remedial action including, but not limited to, the following:
- warning offending users of their excessive data usage
- limiting functionality available to offending users
- moving offending users onto higher cost / higher data allowance packages
- charging for excessive data usage on a per-byte basis