Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including new releases, shall be subject to these or other applicable TOS. You also understand and acknowledge that Maxwell GeoSystems may modify, terminate, suspend, or otherwise adjust any and all functions, features, options, utilities,tools or other aspects of the Service at any time without prior notice to you. You understand and agree that the Service is provided “ASIS"and that Maxwell GeoSystems assumes no responsibility for, among other things, availability, timeliness, deletion, failure to store any user data or communications or personalisation settings, or changes to the Service which Maxwell GeoSystems may make from time to time. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or air time charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. You acknowledge and agree that the Service, any Maxwell GeoSystems proprietary software (“Maxwell GeoSystems Software”) and any other necessary software provided in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained or information presented to you through the Service is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unless expressly permitted by applicable law or authorised by Maxwell GeoSystems, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Maxwell GeoSystems Software or other software or materials, in whole or in part. Maxwell GeoSystems, all MGS logos and product and service names are or may be trademarks of Maxwell GeoSystems (the "Maxwell GeoSystems Marks"). Except as solely enabled by any link as provided by Maxwell GeoSystems, you agree not to display or use in any manner the Maxwell GeoSystems Marks without Maxwell GeoSystems’ prior written consent. By submitting ideas, suggestions, documents, and/or proposals("Contributions") to Maxwell GeoSystems through its suggestion or feedback webpages or otherwise, you acknowledge and agree that: Your Contributions do not contain confidential or proprietary information; Maxwell GeoSystems is not under any obligation of confidentiality, express or implied, with respect to the Contributions; Maxwell GeoSystems shall been titled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; Maxwell GeoSystems may have something similar to the Contributions already under consideration or in development; Your Contributions automatically become the property of Maxwell GeoSystems without any obligation of Maxwell GeoSystems to you; and You are not entitled to any compensationor reimbursement of any kind from Maxwell GeoSystems under any circumstances.
You expressly understand and agree that: Your use of the service is at your sole risk, the service is provided on an "as is" and "as available" basis and Maxwell GeoSystems and its afﬁliates, ofﬁcers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, Whether express or implied, including, but not limited to the implied warranties of merchantability, title,ﬁtness for a particular purpose and non-infringement; Maxwell GeoSystems and its subsidiaries, afﬁliates, ofﬁcers,employees, agents, partners and licensors make no warranty that; (i) the service will meet your requirements, (ii) the service will be uninterrupted, Timely, secure or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services,information or other material obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected; (vi) any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk,and you will be solely responsible for any damage to Your computer system or loss of data that results from the download or use of any such material; and (vii) No advice or information, whether oral or written,obtained by you from Maxwell GeoSystems or through or from the service shall create any warranty not expressly stated in the TOS. You may have other statutory rights.however, to the full extent permitted by law, the Duration of statutorily required warranties, if any,shall be limited to the minimum period allowed by law.limitation of liability you expressly understand and agree that Maxwell GeoSystems and its subsidiaries,afﬁliates, ofﬁcers, employees, agents,partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential Or exemplary damages, including, but not limited to,damages for loss of proﬁts, goodwill, use, data or other intangible losses (even if Maxwell GeoSystems has been advised of the possibility of such damages),resulting from: (i) the use or the inability to use the service; (ii)the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from or as a result of the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or(v) any other Matter relating to the service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you.
You agree to indemnify and hold Maxwell GeoSystems and its subsidiaries, afﬁliates, ofﬁcers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) Content you submit, post, transmit or otherwise make available through the Service; (b) Your use of the Service; (c) Your connection to the Service; (d)) Your violation of the TOS; or (e) Your violation of anythird party’s rights.
You agree that Maxwell GeoSystems may, under any circumstances and without prior notice, immediately terminate your Maxwell GeoSystems account, and access to the Service and/or any and all Content or materials. Cause for such termination shall include, but not be limited to: (a) Breaches or violations of the TOS or other incorporated agreements or guidelines, (b) Requests by law enforcement or other government agencies, (c) A request by you (self-initiated account deletions), (d) Discontinuance or material modiﬁcation to the Service (or any part thereof), (e) Unexpected technical or security issues or problems, (f) Extended periods of inactivity, (g) Engagement by you in fraudulent or illegal activities, and/or (h)Non-payment of any fees owed by you in connection with the Services. Maxwell GeoSystems may also terminate this Agreement, your Maxwell GeoSystems account, access to the Service and/or any and all Content or materials for any reason or no reason whatsoever. Termination of your Maxwell GeoSystems account includes: (a) Removal of access to all offerings within the Service, (b) Deletion of your password and all related information, ﬁles and content associated with or inside your account (or any part thereof), and (c) Barring of further use of the Service. Further, you agree that all terminations shall be made in Maxwell GeoSystems’ sole discretion and that Maxwell GeoSystems shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service or Content.
The TOS constitutes the entire agreement between you and Maxwell GeoSystems concerning your use of the Service, superseding any prior agreements between you and Maxwell GeoSystems with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Maxwell GeoSystems services or Maxwell GeoSystems Software, afﬁliate services, third-party content or third party software. The TOS and the relationship between you and Maxwell GeoSystems shall be governed by the laws applicable in Hong Kong or other designated country/state without regard to its conﬂict of law provisions. You and Maxwell GeoSystems agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Hong Kong. The failure of Maxwell GeoSystems to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid,the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reﬂected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.
This TOS is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our site. Any changes to this TOS will be effective no later than thirty (30) calendar days following our posting of notice of the changes on our Site. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Hong Kong, the United States or other applicable jurisdiction. In order to access or use certain Services, you may be required to provide certain information about yourself ("Registration Data") as part of the registration process for the Service, or as part of your continued use of the Services. You also agree to: (a) Provide true, accurate, current and complete Registration Data as prompted or requested by the Service and (b) Maintain and promptly update the Registration Data to keep it true,accurate, current and complete. (c) You understand and agree that the Service may include certain communications from Maxwell GeoSystems, such as service announcements and administrative messages, and that you may not be able to opt out of receiving them. (d) If you provide any information that is untrue, inaccurate, not current or incomplete, or Maxwell GeoSystems has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Maxwell GeoSystems has the right to suspend or terminate your account, prevent your access to any or all portion of the Services and or Content (or other users' access to your Content) and refuse any and all current or future use of the Service (or any portion thereof) or Content. (e) You certify that you are at least 18 years old; if you are not, you may not register for or use the Service.
As part of your use of the Service, you may receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the conﬁdentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) Immediately notify Maxwell GeoSystems of any unauthorised use of your password or account or any other breach of security, and (b) Ensure that you exit from your account at the end of each session. Maxwell GeoSystems cannot and will not be liable for any loss or damage arising from your failure to properly safeguard your account or password. You have sole responsibility for adequate protection and backup of Content of any type that you upload to, download from or otherwise create or use with, the Service, and/or equipment you use in connection with the Service.
The Service may be available to you with or without charge. Access to certain features, functions, and/or full or partial portions of the Service may require payment. You may also be provided “trial","demo", "beta" or other limited-functionality or limited-access versions of the Service and/or its parts with or without charge. Inaddition to any fees required to access certain features, capabilities,functions or services offered through or by the Service (“ChargedOfferings"), you are responsible for paying all applicable taxes (including, but not limited to those we are not required to collect)and for all third party hardware, software, service and/or other costs you may incur in order to access the Service and your account. Neither these TOS nor your account entitle you to any subsequent releases of the Services, nor to any for-pay features, products,capabilities, features, upgrades or services offered, distributed or made available through the Service without paying applicable charges or except as otherwise expressly and explicitly provided by Maxwell GeoSystems. All or some of the Service may need to be downloaded to your computer and/or accessed online. You must have authorised and separate Service access for each account you wish it to be enabled for and, where applicable, you must download and install any necessary software on each machine on which you wish to use and access the Service. Converting an account and/or specific Service version or offering,including but not limited to trial or limited functionality rights offerings, to an enhanced account and/or fee-based version of the Service or other paid account, version or other Charged Offering may result in the loss of access to the information or other data associated with your use of the free or non-paid version of the Service. You may terminate your account at any time. You will not receive full or partial refunds for subscription periods that you have purchased.Terminating a subscription for one Charged Offering does not necessarily terminate right(s) you may have for another Charged Offering, other portion of the Service, software or other offerings from Maxwell GeoSystems.