Maxwell GeoSystems (MGS) provides use of its www.maxwellgeosystems.com and other related websites and its MGS online service known as Maxwell GeoSystems Portal, and other related online services(collectively, "Service(s)") to you subject to the following Terms of Service ("TOS").
You can review the most current version of the TOS at any time at:
In addition, when using the Services, you shall be subject to any posted guidelines, rules or terms applicable to such Services, which may be posted from time to time.
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:
Maxwell GeoSystems does not claim ownership of Content you submit or that you make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant to Maxwell GeoSystemsand all users of the Service a worldwide, royalty-free and non-exclusive, perpetual,irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. Additionally, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you represent and warrant that:
You understand that all information, data, text, software, music,sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Maxwell GeoSystems, are entirely responsible for all Content that you upload, download, post,email, transmit or otherwise make available or use via the Service.
You agree to not use the Service to:
To upload, post, email, transmit or otherwise make available any Content that: violates applicable law, including securities laws;contains any patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”), as amended and supplemented) or any similar federal or state laws, rules or regulations;contains any payment card information;infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party or use, modify or combine the Content in any manner, with any other material, in any fashion that infringes the Rights of any person;you do not solely have the right to make available under applicable law or under contractual or ﬁduciary relationships (such as inside information, proprietary and conﬁdential information learned or disclosed as part of employment relationships or under non disclosure agreements); or otherwise may create liability or damages to Maxwell GeoSystems;
You agree that you must evaluate, and bear all risks associated with, the use of any Content,including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that (a) Maxwell GeoSystems is not a Business Associate, as such term is deﬁned in HIPAA, and that the Service is not HIPAA compliant, and (b) neither Maxwell GeoSystems nor the Service is compliant with the Payment Card Industry Data Security Standards. In this regard, you acknowledge that the Content is made available to you without any warranties by Maxwell GeoSystems of any kind, and that you may not rely on any Content made available through the Service.
You acknowledge, consent and agree that Maxwell GeoSystems may access,preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access,preservation or disclosure is reasonably necessary to:
(a) Comply with legal process;
(b) Enforce the TOS;
(c) Respond to claims that any Content violates the rights of third parties;
(d) Respond to your requests for customer service; or
(e) Protect the rights, property or personal safety of Maxwell GeoSystems, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service, Maxwell GeoSystems Software and any other software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Maxwell GeoSystems and/or content providers who provide such materials to the Service.
You may not attempt to override or circumvent any digital rights management technology or usage rules embedded into the Service. Any unauthorised reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
The Service may provide, or third parties may provide, links to other web sites or resources. Because Maxwell GeoSystems has no control over such sites and resources, you acknowledge and agree that Maxwell GeoSystems is not responsible for the availability of such external sites or resources,and does not endorse and is not responsible or liable for any content,advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Maxwell GeoSystems shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge that Maxwell GeoSystems may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum size of any or all Content ﬁles, the maximum disk space that will be allotted on Maxwell GeoSystems’ servers on your behalf,and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, and/or any other condition of the Service.
You agree that Maxwell GeoSystems has no responsibility or liability for the deletion or failure to store any Content, messages and other communications or other materials or Content maintained or transmitted by the Service.
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:
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:
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.