Geomancer Service Agreement

Last Modified: Nov. 1, 2017

Thank you for subscribing to the Geomancer Platform. The Geomancer Platform is a web-based application that enables subscribers to access geographical, market and real estate data (the “Data”). Geomancer, Inc. ("Geomancer") obtains theData from various third party sources and aggregates it into the Geomancer Platform to facilitate such access by its subscribers. .

To become a subscriber, you have executed a Service Order which defines various terms and conditions between Geomancer and you, the subscriber. As a subscriber, your access to and use of the Geomancer Platform is further governed by the following terms (the "Geomancer Platform Terms"). By accessing or using the Geomancer Platform, you are acknowledging your acceptance of and are agreeing to be bound by the Geomancer Platform Terms.

  1. License. Subject to the terms and conditions of the your Service Order, Geomancer grants you a non-exclusive, non-transferable license to use the Geomancer Platform to access and review only portions of theData pertaining to each geographic region identified in your Service Order. This license does not extend to any of the Data pertaining to any location not identified in your Service Order.
  2. Prohibited Conduct. When accessing the Geomancer Platform, you shall not:
    • a. copy, download or otherwise capture the Data;
    • b. use the Data to create or augment any other platform that provides access to or otherwise employs geographical data;
    • c. integrate, interface or otherwise connect the Geomancer Platform to any other product or service;
    • d. reverse engineer or attempt to extract the source code from the Geomancer Platform;
    • e. remove, obscure, or alter any terms of service or any links to or notices of those terms, or any copyright, trademark, or other proprietary rights notices; or
    • f. do anything inappropriate, illegal, or in violation of others' rights.

    If Geomancer determines that you have engaged in any prohibited conduct, Geomancer may immediately disable your access to the Geomancer Platform and terminate the Service Order. In such a case, your only recourse is to recover a portion of the amount you paid to Geomancer under the terms of the Service Order which is prorated based on any remaining term of the Service Order. However, Geomancer reserves the right to retain this portion to offset damages that Geomancer may have incurred due to your prohibited conduct.

  3. Assumption of Risk. You acknowledge that any Data you may access on the Geomancer Platform is provided solely for educational or entertainment purposes. To the extent that you use or rely on the Data for any purpose, including to make any decision, you assume all risk in doing so.
  4. No Warranties. Access to the Geomancer Platform is provided for educational and entertainment purposes only.

    THE DATA ACCESSIBLE VIA THE GEOMANCER PLATFORM IS NOT PROVIDED FOR ANY PARTICULAR PURPOSE. ALTHOUGH GEOMANCER EXERCISES COMMERCIALLY REASONABLE SKILL TO PROVIDE A VALUABLE PRODUCT, GEOMANCER DOES NOT WARRANT THE ACCURACY OF ANY OF THE DATA. GEOMANCER ALSO MAKES NO COMMITMENT AS TO THE RELIABILITY OR AVAILABILITY OF THE GEOMANCER PLATFORM. TO THE EXTENT PERMITTED BY LAW, GEOMANCER WAVES ALL WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  5. Liability. Geomancer will not be liable for any damages you may incur as a result of accessing, using or relying on the Data provided by the Geomancer Platform. To the extent permitted by law, Geomancer’s liability will be limited to the total amount you paid to Geomancer under the terms of the Service Order.
  6. Indemnity. You acknowledge that you are liable and agree to indemnify Geomancer for any claim, lawsuit, action, and legal expenses relating to your negligent act or omission, intentional misconduct, misrepresentation, or breach of the Geomancer Platform Terms or the terms of your Service Order.
  7. Business Use. If you use the Geomancer Platform on behalf of a business, that business accepts the Geomancer Platform Terms. All affiliates, officers, agents and employees of the business will hold Geomancer harmless from any claim that may arise from any access to the Geomancer Platform, including the use of any Data accessed via the Geomancer Platform.
  8. Governing Law. Any dispute that may arise under the Geomancer Platform Terms shall be governed by the laws of the State of Utah without regard to any conflict of laws provisions that would require or permit the application of the laws of any jurisdiction other than those of the State of Utah.