Terms of Use


These terms and conditions govern your use of the website; by using the website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the website.

This website uses cookies. By using the website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

License to use website

Unless otherwise stated, Seismic Warning Systems owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

Acceptable use

You must not use the website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website without Seismic Warning Systems' express written consent.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the website, for whatever purpose.

You grant to Seismic Warning Systems a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Seismic Warning Systems the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Seismic Warning Systems or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Seismic Warning Systems makes no representations or warranties in relation to the website or the information and materials provided on the website.

Limitations of liability

Seismic Warning Systems will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, the website.

Exceptions

Nothing in the website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the website disclaimer will exclude or limit Seismic Warning System's liability in respect of any:

  • death or personal injury caused by Seismic Warning Systems' negligence;
  • fraud or fraudulent misrepresentation on the part of Seismic Warning Systems; or
  • matter which it would be illegal or unlawful for Seismic Warning Systems to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness

By using the website, you agree that the exclusions and limitations of liability set out in the website disclaimer are reasonable. If you do not think they are reasonable, you must not use the website.

Unenforceable provisions

If any provision of the website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the website disclaimer.

Indemnity

You hereby indemnify Seismic Warning Systems and undertake to keep Seismic Warning Systems indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Seismic Warning Systems to a third party in settlement of a claim or dispute) incurred or suffered by Seismic Warning Systems arising out of any breach by you of any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Seismic Warning Systems' other rights under these terms and conditions, if you breach these terms and conditions in any way, Seismic Warning Systems may take such action as Seismic Warning Systems deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, and/or bringing court proceedings against you.

Variation

Seismic Warning Systems may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the website from the date of the publication of the revised terms and conditions on the website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Seismic Warning Systems may transfer, sub-contract or otherwise deal with Seismic Warning Systems' rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Seismic Warning Systems in relation to your use of the website, and supersede all previous agreements in respect of your use of the website.

Law and jurisdiction

Any claim relating to Seismic Warning Systems' web site shall be governed by the laws of the State of California.

October 1, 2014