TERMS OF USE  

Last Modified: October 23, 2014

Introduction

Welcome to AtlasViewer℠, owned and operated by Exzeo USA, Inc. These terms of use govern your access to and use of “Atlas,” which means AtlasViewer.com, Atlas-onDemand.com and the related websites, software, and services. Within these terms of use, the words “we,” “us”, and the possessive “our” refer to Exzeo USA, Inc. By accessing or using Atlas you agree to these terms of use and confirm that you have read our Privacy Policy, which describes how we gather, use, and protect data about you. If access or use of Atlas is made on behalf of an organization, then these terms of use apply to that organization, and “you” and the possessive “your” refer to that organization.

Your Content and Other Users’ Content

In using Atlas, you might upload a variety of data, including documents, databases, videos, photographs, and other files that make up your content. Your content belongs to you. You retain ownership of your content. We claim no ownership of your content by way of these terms of use. We have no rights to your content except limited rights we deem important to operating Atlas. You grant to us the permission to perform various functions involving your content that you may from time to time ask us to perform within Atlas, such as sharing your content with others. This permission extends to any third parties we use to assist us in providing Atlas. Maintaining the security and integrity of your content is important to us. We will adhere to the highest levels of commercially reasonable standards to prevent unauthorized access to, and loss or corruption of, your content. We will not share your content with anyone except as explained in our Privacy Policy. You consent to the collection, transfer, processing, storage, disclosure, and other uses of your content and the other information we gather as described in our Privacy Policy. You consent also to the transfer, processing, and storage of your content in countries other than your home country.

Atlas allows you to share your content with other users. When you share your content, or allow access to your content, we cannot and will not prohibit others from disclosing that content. By sharing your content or giving access to your content to other Atlas users, you give your consent to us to permit and process such disclosure.

The substance and subject matter of your content is your responsibility. We have no obligation to monitor your content or any other user’s content, although we may review your content anytime to enforce our Unacceptable Use Policy or for any other reason. We are not responsible for the accuracy, completeness, appropriateness or legality of your content or any content you might find using Atlas. Atlas may contain links to third-party websites or resources. We do not endorse and will not be responsible or liable for their availability or accuracy, or for any related content, products, or services. You are solely responsible for your use of any such websites or resources.

We may remove any of your content from Atlas at our discretion anytime without notice to you, especially if you violate these terms of use. We, however, will never delete your content without notice to you and an opportunity to retrieve your content (provided the content does not violate our Unacceptable Use Policy). See “Termination of Access and Use.”

Your Atlas Account

We may require that you establish an account in order to have access to and use of Atlas or selected features of Atlas. In establishing your Atlas account, you must provide us with accurate and complete information and afterwards keep that information accurate, complete, and up to date. You must keep your account password secure and not permit others to use your account. You must notify us immediately if you discover a security breach or unauthorized use of your account. If you are an organization, then the person establishing the account promises that he or she has the authority to bind you to these terms of use. You are solely responsible for the activity occurring on your account. We will not be liable to anyone for losses arising from misuse or unauthorized use of your account. You may be liable to us and others for losses resulting from the misuse or unauthorized use of your account.

Subscription Plans

We may have various subscription plans under which you may access and use Atlas. The terms of those subscription plans are incorporated into these terms of use.

Termination of Access and Use

These terms of use will continue indefinitely without termination or expiration. We may terminate, suspend or modify your access and use of Atlas at our discretion anytime without notice to you. For example, we might deny access to Atlas if we believe you have violated or intend to violate these terms of use, you don’t pay subscription fees when due, or you use excessive storage capacity or bandwidth. We might also limit or deny access for scheduled or recurring downtime, when we discover or suspect a malicious virus or code or when we have unexpected technical problems or outages. You may terminate your use of Atlas anytime. Unless you are a paid subscriber, we may terminate your use of and access to Atlas and delete your account and your content if you do not access Atlas for a period of 12 consecutive months. In that case, we will only delete your account and your content after giving you 30 days’ advance notice via the e-mail address associated with your account and, unless your content violates our Unacceptable Use Policy, we will permit you to retrieve your content during that period. After that your content may be lost. If you are a paid subscriber, then your right to access Atlas will continue until your subscription expires or terminates. We will store and maintain your content and for an additional fee permit you to retrieve your content for a period of 1 year after your subscription ends. After that, your content will be lost.

Changes to these Terms of Use

We may change these terms of use anytime by posting the most current version of these terms of use at AtlasViewer.com. By accessing or using Atlas after we post the revised version, you agree to be bound by the revised terms of use. If you do not agree to the revised terms of use, then you must stop accessing or using Atlas.

Changes to Atlas

We may change, suspend or terminate Atlas anytime without notice. If we change Atlas in anyway, these terms of use will apply to those changes as well, including any enhancements, improvements, and additional features.

Your Conduct and the Conduct of Others

You are solely responsible for your conduct and your communications with others while using Atlas, just as other users are solely responsible for their conduct and their communications. We are not responsible for your conduct or communications or the conduct and communication of others using Atlas. Be careful with your content and with whom you share it. When you share your content or make it public, other users might use, copy, modify or share your content without your permission and we will not be responsible for that.

Software and Updates

Some Atlas Services may require you to download software. We grant to you a limited, nonexclusive, nontransferable, revocable license to use that software, solely for you to access and use Atlas. Your license to use the software is automatically and immediately revoked if you violate any of these terms of use. We hereby reserve all rights not expressly granted in these terms of use. Atlas may update the software on your device automatically when a new version is available.

Your Responsibilities

  • Be nice to us and other Atlas users.
  • Provide us with accurate contact and other account-related information and promptly update your information when changes occur.
  • Safeguard your password. Do not disclose it to anyone else. You will be responsible for any activity using your account whether or not you authorized the activity. Promptly notify us of any unauthorized use of your account.
  • Be sure you have the necessary rights and permissions to your content and any content you use. The content of other users may be protected by copyright, trademark, and other intellectual property rights. Do not copy, upload, download, share, alter or use other Atlas users’ content unless you have the right or permission to do so.
  • Fulfill your obligations of confidentiality when data or access to data is given to you through Atlas under obligations of confidentiality.
  • If you are a paid subscriber, then pay your subscription fees when they are due.
  • Do not use Atlas in an unacceptable manner as described in our Unacceptable Use Policy.
  • Do not upload spyware or any malicious software to Atlas.
  • Do not reverse engineer or decompile any software downloaded from Atlas, attempt to do so, or assist anyone else to do so.
  • Do not copy, use or obscure any of our trademarks, servicemarks, tradenames, logos, domain names or brand features. Nothing in these terms of use grants to you any rights in or to such items.
  • Do not copy scripts, graphics or interactive features of Atlas.
  • Do not access or search Atlas by any means other than our publicly supported interfaces (“scraping,” for example).
  • Do not breach or otherwise circumvent any of our security or authentication measures.
  • Do not access or use Atlas Services to which you are not entitled or invited.
  • Do not use referrals or promotions to gain more storage than deserved.
  • Do not attempt to circumvent our storage limits.
  • Do not sell or license Atlas Services to anyone else.

Unacceptable Use Policy

You may use Atlas for your personal and business use. Certain uses of Atlas, however, are unacceptable. Do not use or attempt to use Atlas to —:

  • perform any activity where reliance upon or use or failure of Atlas could lead to death, personal injury or physical damage;
  • probe, scan, or test the vulnerability of any system or network;
  • hack, or tamper with our computer systems or the computer systems of anyone else;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of Atlas;
  • plant or distribute malware;
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • promote or advertise products or services other than your own without appropriate authorization;
  • impersonate or misrepresent your affiliation with any person or entity;
  • publish or share materials that violate the privacy of others; that advocate racial, ethnic or religious hatred, or that are pornographic, obscene, indecent, vulgar, profane, defamatory, abusive, harassing, threatening, malicious, fraudulent or misleading; or
  • violate the law in any way.

No Rights to Atlas Services, Content, Software or Intellectual Property

Except as specifically stated, these terms of use grant to you no right, title, license or interest in Atlas, any content within Atlas, any software you may download from Atlas or any other intellectual property.

Our Intellectual Property

We retain all rights to any intellectual property associated with Atlas including patents, patent applications, copyrights, trademarks, servicemarks, tradenames, the look, feel, and design of websites and interfaces, graphics, text, software, licenses, technical drawings, configurations, and application programming interfaces. You may not use, imitate, reproduce, or create derivative works of any our trademarks, servicemarks, logos or tradenames without our express written permission. The trademarks, servicemarks, logos or tradenames, and other intellectual property contained within or associated with Atlas may belong to third parties. You may not use, imitate, reproduce or create derivative works of that intellectual property without permission of the respective owners.

Your Feedback

We welcome your suggestions and ideas to improve or enhance Atlas. However, any suggestions or ideas you submit to us will become our property. We will be under no obligation of confidentiality with respect to the suggestions or ideas (even if you identify the suggestions or ideas as confidential or secret before, during or after submission), and will be entitled to use, modify, transfer or incorporate into our products or services those suggestions and ideas without compensation to you.

Copyright Infringement

If you provide written notice of claimed copyright infringement to us in accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. Our designated agent for notices of claimed copyright infringement on Atlas is:

Copyright Agent
Exzeo USA, Inc.
5300 West Cypress Street, Suite 100
Tampa, Florida 33607
copyrightinfringement@exzeo.com

We have provided a process for providing notices of claimed copyright infringement at DMCA Process.

Indemnification

You must defend, indemnify, and hold us harmless, as well as our licensors and any of our affiliated entities, officers, directors, employees, attorneys and agents, from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with (i) any claim alleging that your use of the Atlas Service or any of your content infringes the rights of, or has caused harm to, a third party; and (ii) any claim arising from a violation by you of these terms of use.

Important Notices, Disclaimers and Limitations

While we think every word in these terms of use is important. However, we have included some really important notices in ALL CAPITAL LETTERS to be sure you see them. Some states or countries do not allow disclaimers or limitations of liability like those appearing below, so those disclaimers and limitations might not apply to you or your circumstances.

Atlas Provided “AS-IS”

ATLAS IS PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We will have no responsibility for any harm to your computer system, loss or corruption of your data or other harm that may result from your access to or use of Atlas.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS OR OUR AFFILIATED ENTITIES BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (II) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO ATLAS MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO US FOR THE PAST THREE MONTHS OF ATLAS FROM WHICH THE LIABILITIES ARISE.

Miscellaneous Legal Provisions

THESE TERMS OF USE AND THE USE OF ATLAS WILL BE GOVERNED BY FLORIDA LAW WITHOUT REGARD TO FLORIDA’S CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ATLAS MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL COURTS IN AND FOR THE MIDDLE DISTRICT OF FLORIDA OR THE STATE COURTS IN AND FOR HILLSBOROUGH COUNTY, FLORIDA, AND YOU AND WE BOTH CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.

You may use Atlas only if you have the power and authority to agree to these terms of use and are not prohibited from doing so by any applicable laws. You or the person acting on your behalf (if you are an organization) must be a human, 18 years of age or older. Access and use of Atlas by robots, spiders or other automated means is prohibited. If you don’t agree to the terms of use or meet the qualifications set forth above, then you must not access or use Atlas.

These terms of use contain the entire and exclusive understanding between you and us with respect to Atlas, and supersedes and replaces any other oral or written contracts, agreements, terms and conditions applicable to Atlas. Except for the provisions dealing with permissions to third parties and limitations of liability, these terms of use are solely for the benefit of you and us, and not any third party. Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable the remaining terms of use will remain in full effect, and an enforceable provision will be substituted reflecting our intent as closely as possible. You may not assign these terms of use or any of your rights or responsibilities contained here to anyone, and any such attempt is void. We may assign these terms of use, and any rights we have under them, to any of our subsidiaries or affiliated entities, or to any successor in interest of any business or portion of a business associated with Atlas. These terms of use do not make you and us legal partners or agents. You and we are independent contractors. These terms of use will be interpreted in accordance with rules of plain English and without use of the legal rule of construction expressed in Latin “expressio unius est exclusio alterius” (the express mention of one thing excludes all others). Basically wherever “includes,’ “included” or “including,” appears within these terms of use that word will be deemed to be followed by the phrase “without limitation.” The phrase “terms of use” wherever it may appear above always refers to these terms of use as a whole and not to any particular term or provision within these terms of use.

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       PRIVACY POLICY  

Last Modified: October 24, 2014

Introduction

Welcome to AtlasViewer℠. The privacy and security of your data is very important to us. When you access and use Atlas (which means AtlasViewer.com, Atlas-onDemand.com and its related websites and services), we receive and store data about you. This privacy policy describes how we gather, use and protect that data.

Sources of Data

We receive data about you every time you interact with Atlas regardless of the device or other means by which you access Atlas. In most cases you give us the data directly or we collect the data automatically from the device you use to access Atlas. We may also receive data about you from third parties.

Your Atlas Activities

We collect and store the details of all your activities on Atlas. For example, when you register with us we require you to give us a variety of information, including your name, email address, and mobile phone number. We also collect and store the content you upload to Atlas, and access through Atlas, including documents, databases, photographs and videos. We may also receive data (or metadata) imbedded in your content, such as the time, date and place you took a photograph or made a video. We collect data about you when you upload, update or access data feeds or layers. We also collect and store your communications with other Atlas users, including data they share with you).

Your Devices

We receive data from the computer, mobile phone, tablet or other device you use to access Atlas. This data may include the type of operating system your device uses, its Internet protocol (IP) address, the internet service you use, your location (if your device provides global positioning system (GPS) or similar data), the type (including identifiers) of browser you use, and the Atlas pages you visit).

Third Parties

We may get data about you from third parties such as advertisers and customers. An advertiser, for example, may tell us how you responded to an on line advertisement (if any).

How We Use the Data

We collect, store, transfer, process and disclose data about you primarily to provide Atlas and its functionality to you. Other uses include —

  • Identifying you and associating you with, and distinguishing you from, other users;
  • Protecting your data and the data of others;
  • Improving Atlas and optimizing your experience;
  • Measuring the effectiveness of online advertising (if any) and delivering relevant advertising to you; and
  • Internal uses such as troubleshooting, testing, research and data analysis.

Disclosure of the Data

Your Instructions or Consent

We will disclose or permit access to data identifiable to you strictly in accordance with your instructions or consent. For example, when you choose to share a data feed with another user, we will send that user an email invitation that contains your name. If that user accepts the invitation, we will then share the data feed that you provide with that user. When you give your data, or access to your data, to other Atlas users we cannot prohibit them from disclosing that data and you are consenting to that disclosure by us.

Trusted Third Parties

We may permit access to your data to trusted third party vendors we engage to assist us in providing, administering and improving Atlas (data storage, maintenance services, database management, web analytics and payment processing for example), but only for performing the tasks for which they are engaged and only under obligations of confidentiality.

Business Transactions

We will not sell data personally identifiable to you to anyone, except to someone acquiring all or a portion of our business.

Aggregate Data

We may provide aggregate user data to advertisers and customers, but only after all personally identifiable data has been removed.

Legal and Other Circumstances

We may provide data personally identifiable to you when we determine it reasonably necessary or appropriate to (i) comply with a law, rule, regulation or compulsory legal request; (ii) protect the safety of any person from death or serious bodily injury; (iii) prevent fraud or abuse of us or our users; or (iv) protect our property rights.

Data Retention

We may retain your data for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your data to provide you services, you may delete your account by submitting an email request to DELETE ACCOUNT . We may retain and use your data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers those files that you have in common with other users (specifically those users outside your community with whom you share data).

Security

The security and integrity of your data is very important to us. We maintain procedural, technical and physical safeguards to protect your data from unauthorized access, loss and corruption, including password protection and secure socket layer technology (SSL). Our employees are prohibited from viewing your content without a legitimate reason, like for example providing technical support. We also have technical access controls that prohibit employee access except in these rare circumstances No method of electronic transmission or storage is 100% secure. We cannot therefore guarantee absolute security of your data. If you have any questions about Atlas data security, please contact us at SECURITY QUESTIONS

Our Policy toward Children

Atlas is not directed to children. We do not knowingly collect personally identifiable information from children under 13. Parents and guardians who become aware that a child has provided us with personally identifiable information without parental or guardian consent, should contact us at PRIVACY FOR MINORS . If we become aware that a child under 13 has provided us with personally identifiable information without parental or guardian consent, we will take steps to delete such data from Atlas.

International Privacy Practices

Under our Terms of Use you consent to the transfer, processing and storage of your content in countries other than your home country. The legal protections afforded your data may be different than required under the laws of your residence, citizenship or location.

Modification to this Policy

We may modify this privacy policy anytime. If we materially modify this privacy policy we will notify you during the log in process.

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