1. Acceptance of Terms of Use

1.1 Acceptance

By entering the geoAMS Website, You agree to be bound by these Terms of Use between You and geoAMS LLC, doing business here as geoAMS.

For purposes of these Terms of Use, the word Services includes, without limitation, software; data; materials; information; content; images; photographs; animations; video; audio; music; text; scripts; modaules; technical support furnished in response to requests; web services; communities; blogs; software or data as a service; publicly available APIs or JavaScript libraries; documentation; and any other electronic resource, information, or service made available through this geoAMS Website, whether individually or collectively.

1.2 Third-Party Content

While using the Services, You may be able to leave the geoAMS Website to obtain or download materials made available by third parties, including software, data, and imagery, as described further in Section 4.3. You acknowledge that third-party content is the sole responsibility of the provider that offers it. These Terms of Use do not give You any right to access or use third-party content, including rights to copy, distribute, publicly display, or create derivative works from that content. Access to third-party content may require You to accept different terms, conditions, or restrictions. Any such agreement is solely between You and the third-party provider and does not modify these Terms of Use or any separate agreement You may have with geoAMS. Uploading and/or using 3rd Party provided data within the geoAMS ecosystem consitutes an agreement with geoAMS that you have the permission to use, manage and maniplute the 3rd Party provided information.

1.3 Changes to the Website or These Terms

geoAMS may revise content, functionality, or access to the Services at any time and without notice. geoAMS may do so in its sole discretion for reasons that include legal compliance, policy changes, design updates, technology changes, internal business needs, or legal considerations. geoAMS may also revise or replace these Terms of Use or the geoAMS Privacy Policy, and those changes may affect Your rights regarding the Services. Updated versions will be posted on the geoAMS Website where the relevant Services are provided.

You agree that Your continued access or use of the Services after revised Terms of Use or a revised geoAMS Privacy Policy are posted constitutes acceptance of those updated terms. You also acknowledge that it is Your responsibility to review the then-current Terms of Use and Privacy Policy because geoAMS is not required to notify You individually when they are updated.

2. Ownership, License Rights, and Restrictions on Use

2.1 Ownership

The Services made available on the geoAMS Platform, and all content contained in them, are provided subject to these Terms of Use. Even when available without charge, the Services are not part of the public domain unless expressly identified that way. geoAMS and its third-party providers retain ownership of the Services, which are protected by United States law and applicable international laws, treaties, and conventions concerning intellectual property and proprietary rights. These Terms of Use do not transfer ownership and do not grant any right to redistribute the Services, create derivative works, or obtain any ownership interest in them. All rights not expressly granted remain reserved under copyright and other intellectual property laws of the United States.

2.2 Grant for Noncommercial Use

Unless otherwise stated, You may not download, view, copy, and print Services available on the geoAMS Platform only for Your own internal purposes or for Your own Noncommercial Use. You may not reproduce or transmit the Services for commercial purposes in any form or by any means, whether electronic, mechanical, by photocopy, by recording, or by any information storage or retrieval system now existing or later developed, unless geoAMS gives express written permission. Any permitted use must include proper attribution to geoAMS.

For this Section 2.2, Noncommercial Use means an authorized use in which You provide the Services to third parties without charge and neither You nor those third parties generate revenue, encourage revenue generation, or obtain any commercial benefit or private financial gain from that use. Noncommercial Use may include teaching, classroom activities, scholarship, and research, subject to the fair use rights recognized in Sections 107 and 108 of Title 17 of the United States Code. geoAMS reserves the right to decide whether use of Services accessed through Nexus qualifies as no-charge Noncommercial Use or instead constitutes a commercial use that requires a separate license and fee. geoAMS may, at any time and in its sole discretion, modify, change, or discontinue the Nexus services provided on a no-charge basis to You or to any third-party customer using those Services.

2.3 Prohibited or Improper Use

Any right not expressly granted here, or separately granted in writing by geoAMS, is prohibited. Without limitation, You may not do any of the following:

1. Access Services or resources by means other than a standard web browser or geoAMS products made available for that purpose.
2. Reverse engineer, decompile, hack, or otherwise gain access to geoAMS Services not made available to You.
3. Use the Services in a way that harms geoAMS's commercial interests.
4. Change, block, or remove any proprietary notices included with the Services.
5. Manually or systematically harvest information from the Services, including harvesting or using the Services to train or supply artificial intelligence tools or large language models.
6. Use the Services for unlawful, improper, or inappropriate purposes, including defamation, harassment, distribution of obscene or indecent materials, phishing, spoofing, impersonation, identity theft, stalking, or distribution of content that violates another person's proprietary, privacy, or intellectual property rights.

Any conduct listed above, whether attempted or completed, constitutes a material breach of these Terms of Use.

If You become aware of a violation of these guidelines, please notify geoAMS through the Contact Us option in the relevant menu, by emailing legal@geoams.com, or, for matters related to the geoAMS Community, by emailing community-help@geoams.com.

2.4 Copyright Policy

Questions about copyright or other intellectual property issues, including requests for uses not granted here, may be submitted to geoAMS through a copyright request sent to legal@geoams.com or through the applicable copyright inquiry page.

geoAMS will respond to notices of claimed copyright infringement that comply with applicable intellectual property law, including the Digital Millennium Copyright Act in the United States. geoAMS may remove allegedly infringing material and, where appropriate, terminate repeat infringers. Additional details are available in the applicable DMCA policy.

2.5 Trademarks and Logos

The name geoAMS, the logo, Powered by geoAMS, and other marks used on the geoAMS Platform are trademarks, service marks, or registered marks of geoAMS. Other names appearing on these properties may be the marks of their respective owners. These marks may be used only where geoAMS authorizes the use or where law otherwise permits it. Any unauthorized use is a material breach of these Terms of Use. Additional information concerning geoAMS copyrights and trademarks may be made available online.

Please refer to the geoAMS web link and logo license materials for information about linking from Your own site to the geoAMS Website.

2.6 Third-Party Data and Imagery Terms

Services provided through the geoAMS Platform, including Nexus services, may include third-party data, content, or imagery. Use of that third-party material may be subject to the relevant third party's license agreement, subscription agreement, or additional use restrictions. Applicable third-party terms may be listed on geoAMS legal pages. You are responsible for complying with every relevant third-party license or subscription agreement. Third-party data may also be accompanied by separate restrictions, such as metadata restrictions or geoAMS data use restrictions. geoAMS may revise those third-party terms or use restrictions from time to time, and it is Your responsibility to review them for updates. If You do not accept a modification, You may cancel access by providing written notice to geoAMS or by stopping use of the affected Service, as appropriate. Continued use after a modification is posted will be treated as acceptance of that change.

2.7 Sharing Your Content

If You choose to use content sharing available within the geoAMS Platform, geoAMS communities, or other Services by uploading or publishing Your data, content, comments, materials, information, or imagery, You grant geoAMS a nonexclusive, irrevocable, royalty-free, worldwide, limited license to use, store, cache, copy, reproduce, print, integrate, redistribute, rebroadcast, and retransmit that material. You also grant all end users of geoAMS Platform the right to access and use the data, content, comments, materials, information, or imagery that You provide.

2.8 Attribution Requirements for Certain Services

Unless a separate agreement between You and geoAMS says otherwise, any Services that consist of source code, scripts, publicly available web libraries such as JavaScript libraries, APIs such as Nexus APIs, or other Services used to develop an application or website must include a reference to geoAMS and these Terms of Use sufficient to make ownership of the Services clear.

The Nexus JavaScript API is owned by geoAMS and is used subject to the applicable Terms of Use. If You are uncertain how to provide proper copyright or source attribution, contact geoAMS for guidance.

3. Privacy and Personal Accounts

3.1 geoAMS Privacy Policy

geoAMS may request certain information, configuration details, or personal data in order to provide access to selected Services or support through the geoAMS Platform. geoAMS will collect and use that information in accordance with the geoAMS Privacy Policy, and You consent to that use.

3.2 Passwords and Account Information

Some portions of the geoAMS Platform may require a personal account in order to access the Services offered. You are responsible for safeguarding the password associated with Your account and are fully responsible for all activity that takes place under that account unless unauthorized access to Your account number, account name, or password occurred through no fault or negligence of Your own. You agree to the following:

1. You will provide accurate and truthful information whenever You use Services on the geoAMS Platform.
2. You understand that use of a false or incomplete name or email address, impersonation of another person or entity, or any false statement regarding affiliation with a person or entity will result in immediate removal of Your account and termination of rights granted under these Terms of Use.
3. You will use the Services only for Your own individual use, and the account name and email address must belong specifically to You. Personal accounts may not be shared with others.
4. You understand that sharing account credentials or permitting another person to use Your account will result in account removal.
5. You will notify geoAMS promptly when You become aware of unauthorized use of Your password or account or of any other security breach.
6. You will log out at the end of each session when using Services provided through the geoAMS Platform.
7. You will not post or submit as part of the Services any information that qualifies as protected health information under HIPAA, unclassified controlled technical information under DFARS 252.204-7012, or information controlled by the International Traffic in Arms Regulations.

geoAMS is not liable for any loss or damage arising from Your failure to meet the obligations described in this section.

3.3 Termination of Personal Accounts

geoAMS reserves the right to monitor use of the geoAMS Platform and may suspend, cancel, or otherwise restrict Your account or access at any time in order to enforce these Terms of Use or for other lawful reasons. If Your personal account is removed because You failed to comply with these Terms of Use, You may be denied the ability to return to the platform or create another account in the future.

4. Disclaimer of Warranties and Limitation of Liability

4.1 Disclaimer of Warranties

The Services made available on the geoAMS Platform are provided for informational purposes to geoAMS end users and the geographic information system community and are furnished on an AS IS basis, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. In particular, geoAMS and its third-party providers and contractors do not warrant or represent that the Services will be uninterrupted, secure, accurate, error-free, or suitable for Your specific application, intended use, requirements, or needs. geoAMS has no obligation to correct errors or inconsistencies in the Services.

4.2 Limitation of Liability

geoAMS will not be liable for direct, indirect, special, incidental, or consequential damages arising out of or related to Your decision to access or use any Services made available through the geoAMS Platform, even if geoAMS has been advised that such damages are possible. These limitations apply even if any limited remedy fails of its essential purpose.

4.3 Links to Third-Party Sites

Many links on the geoAMS Platform direct users to websites owned or operated by third parties. Those sites are outside the control of geoAMS, and geoAMS is not responsible for the information or services made available through them, regardless of how that information is transmitted or received. A link to a third-party site does not imply endorsement, affiliation, sponsorship, or any warranty concerning the quality of that third-party site's services.

4.4 User-Generated Content on the geoAMS Platform

Content appearing on the geoAMS Platform may come from many sources, including users. geoAMS disclaims all representations and warranties concerning the accuracy, completeness, or truthfulness of material submitted to or posted within discussion areas.

1. geoAMS is not responsible for website links posted in discussion areas. Such links may lead to sites that geoAMS does not administer or control, and users follow those links at their own risk.
2. geoAMS is not responsible for errors in postings, delays in posted content, or delays in transmission. You are responsible for Your own decisions regarding whether and how to act on information supplied by users.
3. geoAMS disclaims any representation or warranty regarding the confidentiality or privacy of communications or information transmitted on the site, on sites linked from it, or otherwise in connection with the Services.
4. geoAMS is not liable for the privacy of email addresses, registration details, identification information, confidential information, or trade secret information.

5. Term and Termination

5.1 Term

These Terms of Use remain in effect until terminated by either You or geoAMS in the manner described in this section.

5.2 Termination by You

You may terminate these Terms of Use by doing both of the following: first, send a clear notice in English stating Your intention to terminate either by letter to the Legal Department at the address provided above or by email to legal@geoams.com; and second, stop all access to and use of the Services on or before sending that notice. If You continue to access or use the Services after sending the termination notice, that continued use will constitute acceptance of these Terms of Use.

5.3 Termination by geoAMS

geoAMS may terminate these Terms of Use if any of the following occurs:

1. You breach these Terms of Use through action or inaction.
2. You breach another agreement with geoAMS relating to geoAMS products or services.
3. geoAMS discontinues the Services to which these Terms of Use apply.
4. You commit, or are alleged to have committed, a criminal act, conduct involving moral turpitude, unlawful drug activity, or felonious behavior, or You engage in conduct or become associated with circumstances that bring You into public disrepute, contempt, scandal, or ridicule, that shock or offend the community or a segment of it, that reflect poorly on geoAMS, or that reduce the commercial value of geoAMS's association with You. This section also applies if information later becomes public showing that You previously engaged in such conduct.

5.4 Effect of Termination

When these Terms of Use end, all rights and obligations of the parties terminate except those stated in Sections 2, 3, and 5. Those surviving rights and obligations continue indefinitely.

6. Export Compliance

You may not access, upload, download, use, export, reexport, or transfer any Service or content available through the geoAMS Platform in violation of United States export control laws, trade sanctions laws, or any other applicable law or regulation. This includes, without limitation, laws and regulations administered by the US Department of Commerce Bureau of Industry and Security, the US Department of State including ITAR, and the US Department of the Treasury Office of Foreign Assets Control.

You agree to comply with all import and export laws, restrictions, and regulations imposed by any United States or foreign agency or authority and agree not to provide or otherwise make Services, content, or information available directly or indirectly in violation of those requirements or without all necessary authorizations and approvals.

Use of Services, content, or information from the geoAMS Platform for prohibited end uses or by prohibited end users under US export laws is specifically forbidden. As applicable, You will obtain and pay for all licenses and exemptions necessary for Your own use of the Services outside the United States (if permitted). Neither the Services nor the underlying content, information, or technology may be downloaded, accessed, exported, used, supplied, or otherwise made available, directly or indirectly, to any country subject to US trade sanctions, to parties controlled by such countries, to nationals or residents of such countries, or to any person or entity appearing on a US government restricted list. You represent and warrant that You are not located in, under the control of, a national of, or a resident of any such country and are not included on any restricted list maintained by the US government.

7. General Provisions

7.1 No Implied Waiver

If either party fails to enforce a provision of these Terms of Use, that failure does not waive the provision or the right to enforce that provision or any other provision later.

7.2 Severability

If any provision of these Terms of Use is found unenforceable for any reason, that provision will be reformed only as much as necessary to make the intended meaning enforceable.

7.3 Language

You agree that the English-language version of these Terms of Use governs interpretation. Any translation or non-English version is provided only for convenience. Any inconsistency with a translated version does not affect interpretation of the English-language version.

7.4 Feedback

geoAMS may use for its business and commercial purposes any feedback, suggestions, comments, or requests for improvement that You provide concerning geoAMS products or Services without owing You compensation.

7.5 Successors and Assigns

You may not assign or transfer Your rights or delegate Your obligations under these Terms of Use without prior written consent from geoAMS. Any attempted assignment or transfer without that consent is void.

7.6 Independent Relationship

These Terms of Use do not create a partnership, joint venture, employment relationship, agency relationship, or other association between You and geoAMS. You have no authority to bind geoAMS and may not represent that You do unless geoAMS has given prior written consent.

7.7 Governing Law and Dispute Resolution

Your relationship with geoAMS under these Terms of Use is governed by the laws of the State of Pennsylvania, without regard to conflict of laws principles. The parties agree to attempt in good faith to resolve any dispute through negotiation first. If a dispute is not resolved within thirty days after notice, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware County, Pennsylvania. Notice to geoAMS is effective only if sent by certified mail to the address stated in these Terms of Use.

7.8 Equitable Relief

You agree that a breach of these Terms of Use may cause irreparable harm to geoAMS. In that event, and in addition to any remedy available at law, geoAMS may seek injunctive relief, specific performance, or other equitable relief from a court of competent jurisdiction without having to post bond, provide an undertaking, or prove actual damages as a condition of relief.

7.9 Government Users

For government users, these Terms of Use exclusively govern use, reproduction, and disclosure of the Services, which are treated as commercial services. No additional terms will apply unless expressly agreed in writing between You and geoAMS.

7.10 Entire Agreement

These Terms of Use are the sole and complete agreement between the parties concerning Your use of the Services. They supersede prior agreements, understandings, and arrangements unless a later written agreement signed by authorized representatives of both parties states otherwise. They also replace any existing agreements between the parties that relate to Your use of the Services.