Terms of Service: The following terms and conditions govern all use of Human Geo Group, LLC ("HumanGeo") software, and all content, services, data and products available at or through the software, including, but not limited to, Oxbow Tile Server by HumanGeo ("Oxbow"). Oxbow is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by HumanGeo (collectively, the "Agreement"). If you reside in the United States, your agreement is with HumanGeo and if you reside outside of the United States, your agreement is with HumanGeo (each, "HumanGeo" or "we"). Please read this Agreement carefully before accessing or using the software. By accessing or using any part of the software, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the software or use any services. If these terms and conditions are considered an offer by HumanGeo, acceptance is expressly limited to these terms. 1. Your Oxbow Account and Site. If you choose to launch the software, you are responsible for maintaining the security of your account and server, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the software. You must immediately notify HumanGeo of any unauthorized uses of your software, your account, your server, or any other breaches of security. HumanGeo will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. 2. Intellectual Property. This Agreement does not transfer from HumanGeo to you any HumanGeo or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with HumanGeo. HumanGeo, NerdBrigade, the NerdBrigade logo, Oxbow, the Oxbow logo, and all other trademarks, service marks, graphics and logos used in connection with HumanGeo, or Oxbow are trademarks or registered trademarks of HumanGeo or HumanGeo's licensors. Other trademarks, service marks, graphics and logos used in connection with Oxbow may be the trademarks of other third parties. Your use of the software grants you no right or license to reproduce or otherwise use any HumanGeo or third-party trademarks. 3. Termination. HumanGeo may terminate your access to all or any part of Oxbow at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 4. Disclaimer of Warranties. The software is provided "as is". HumanGeo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HumanGeo nor its suppliers and licensors, makes any warranty that the software will be error free or that access thereto will be continuous or uninterrupted. You understand that you access, or otherwise obtain content or services through, the software at your own discretion and risk. 5. Limitation of Liability. In no event will HumanGeo, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to HumanGeo under this agreement during the twelve (12) month period prior to the cause of action. HumanGeo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. 6. General Representation and Warranty. You represent and warrant that (i) your use of the software will be in strict accordance with the HumanGeo Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the software will not infringe or misappropriate the intellectual property rights of any third party. 7. Indemnification. You agree to indemnify and hold harmless HumanGeo, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the software, including but not limited to your violation of this Agreement. 8. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control. 9. Miscellaneous. This Agreement constitutes the entire agreement between HumanGeo and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of HumanGeo, or by the posting by HumanGeo of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the software will be governed by the laws of the state of Virginia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Arlington County, Virginia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Arlington, Virginia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; HumanGeo may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.