TERMS OF SERVICE

TERRAVION TERMS OF SERVICE

Welcome to TerrAvion! TerrAvion requires you to agree to these terms of service as a condition of your use of our services:

1.             Binding Effect. TerrAvion may, in its sole discretion, modify these terms of service at any time. TerrAvion will post a notice on its website any time these terms of service have been modified, if you continue to use the services after notice of changes to our terms, this constitutes your acceptance of the changed terms. It is your responsibility to review these terms of service periodically. If you are using our services on behalf of an organization, you agree to these terms of service on behalf of that organization and promise that you have the authority to bind that organization to these terms of service.

2.             Services. TerrAvion services include imagery as a subscription service.  TerrAvion may discontinue, suspend, or modify our services at any time without prior notice. You must be at least eighteen (18) years of age to use our services. The information that you provide TerrAvion as part of the registration process must be accurate and complete. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur thereunder. TerrAvion may refuse service to anyone, at any time, for any reason, and without notice.


3.             Fees. You will pay, and authorize TerrAvion or its distribution partners to charge you using your selected payment method, for all applicable fees, as specified in TerrAvion order confirmation system, for the use of our services. All fees are non-refundable except as required by law or by express mutual written agreement between TerrAvion and you. If your account is set to auto renewal, or is in a trial period, TerrAvion may automatically charge at the end of the trial, or for the renewal. TerrAvion may revise the fees for our services by providing you at least 30 days notice prior to the subsequent charge. All fees are exclusive of all taxes or duties imposed by governing authorities. You are responsible for all taxes relating to the use of our services. TerrAvion will charge you applicable taxes when required to do so.


4.             Intellectual Property. These terms of service do not grant you any right, title, or interest in our services and the content therein unless expressly provided otherwise. You acknowledge that TerrAvion owns all right, title and interest in and to our services, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from our services.  Upon payment of fees per Paragraph 3, TerrAvion grants you an irrevocable, non-exclusive license to use, copy, transmit, transfer, store, share, create derivative works, and combinations of the data, but you cannot engage in reselling of the data.


5.             Warranties. OUR SERVICES ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. TERRAVION DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TerrAvion will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of our services.


6.             Liability. In no event will TerrAvion or its affiliates’ of any tier be liable in contract, tort, strict liability, warranty or otherwise, for any special, incidental, or consequential damages, including delay, disruption, loss of product, loss of anticipated profits or revenue, loss of use of the equipment or system, non-operation or increased expense of operation of other equipment or systems, cost of capital, or cost of purchase or replacement equipment systems or power. TerrAvion and its affiliates’ aggregate liability for any claim relating to our services will be limited to the amount you actually paid for our services during the twelve (12) months preceding such claim.


7.             Indemnification. You will hold harmless and indemnify TerrAvion and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of our services or violation of these terms of service, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.


8.             Miscellaneous. These services are being carried out by TerrAvion, Inc., a Delaware Corporation.  The laws of the State of California, without giving effect to principles of conflicts of laws, govern all matters arising under these terms of service, including all tort claims. The parties shall settle any dispute arising out of this agreement by arbitration in San Leandro, California, in accordance with the applicable rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator’s award in any court having jurisdiction.  These terms of service and TerrAvion’s privacy policy constitute the entire agreement between you and TerrAvion relating to the subject matter of these terms of service and supersedes all other oral or written agreements or policies relating thereto, except that to the extent that there are any conflicts or inconsistencies between these terms of service and a services agreement between you and TerrAvion, the provisions of the services agreement will govern and control. You and TerrAvion are independent business entities, bound to each other only as provided in these terms of service. Nothing in these terms of service creates a relationship between you and TerrAvion of employer-employee, partners, principal and agent, master and servant or franchisor and franchisee. These terms of service are not intended to benefit, nor will it be deemed to give rise to, any rights in any third party. TerrAvion’s failure to enforce a provision is not a waiver of its right to do so later. If any provision of these terms of service is unenforceable to any extent, the remainder of these terms of service, or application of that provision to any persons or circumstances other than those as to which it is held unenforceable, will not be affected by that unenforceability and will be enforceable to the fullest extent permitted by law. You may not assign any of your rights in these terms of service, and any such attempt is void. TerrAvion may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with our services.


9.            Confidentiality/Use of Customer’s Name.  You and TerrAvion agree to keep the terms of your purchases of TerrAvion’s services confidential. Unless you have specifically instructed TerrAvion to the contrary in writing, you agree to allow TerrAvion to disclose to its prospective clients the fact that you are a TerrAvion client and to allow TerrAvion to include you on our client list