Terms of Use Agreement

Date Last Updated: March 28, 2025

Welcome to GeoComm’s website at www.geocomm.com. This website is operated by Geo-Comm, Inc. (“we,” “us,” “our,” or “GeoComm“). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms“) apply to your use of our website or other services offered at this website (collectively, our “System“). 

Your use of our System means that you accept and agree to these Terms. If you do not agree to these Terms or our Privacy Policy or Cookie Policy, do not use or access the System. 

Our GIS safety software and map data management solutions are not subject to these Terms and are licensed and sold pursuant to separate customer agreements.  

Revisions to the Terms 

In our sole discretion, we may revise and update these Terms from time to time and will mark new versions with corresponding effective date above.. We recommend you visit the System to review any changes in our practices. Your continued use of the System, or any other service provided through the System, constitutes your agreement to our then-current Terms. 

Intellectual Property 

You are granted a personal, non-exclusive, non-transferable, revocable license to access and use the System. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System, or interfere with any other party’s use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System. 

All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto. GeoComm and other marks and logos on the System are a trademark of GeoComm.  Other trademarks, names and logos, if any, on the System are the property of their respective owners. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms. 

Reliance on Information Posted 

The information presented on or through the System is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the System, or by anyone who may be informed of any of its contents. 

Links to Other Websites and Connecting through Social Media 

The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties. 

Third Party Services 

If you use a service, feature, or functionality that is operated by a third party and made available through our System, each party’s terms will govern the respective party’s relationship with you. We are not responsible or liable for a third party’s terms or actions taken under the third party’s terms. 

Indemnification 

You agree to indemnify, defend, and hold harmless GeoComm, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the System, any claim that your content violates the intellectual property rights of a third party, your violation of these Terms, or your violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. 

Electronic Communications 

Accessing or using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences. 

Warranty Disclaimer  

GEOCOMM AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GEOCOMM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  

Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GEOCOMM AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GEOCOMM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF ANY OF THE FOREGOING LIMITATIONS OR WAIVERS ARE NOT APPLICABLE, THEN THE AGGREGATE LIABILITY OF GEOCOMM AND/OR ITS AFFILIATES OR SUPPLIERS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SYSTEM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT OF FIFTY US DOLLARS ($50.00).  

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM. 

Arbitration Agreement 

Please read this section carefully. Except as these Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. 

Agreement to Binding Arbitration 

You and GeoComm agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the System or (2) the breach, enforcement, interpretation, application, or validity of these Terms, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms (the “Arbitration Agreement”). 

Exceptions to Arbitration 

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or GeoComm can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or GeoComm may bring suit in court to enjoin infringement or other misuse of intellectual property rights. 

Jury Trial & Class Action Waiver 

Except as these Terms otherwise provide, you and GeoComm acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and GeoComm may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. 

If any term in the immediately preceding paragraph is found to be unenforceable with respect to any claim or request for relief, then the parties agree that such claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated. 

Governing Law & Arbitration Rules 

The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Minnesota. 

The arbitration will be conducted under the then current and applicable Consumer Arbitration Rules of the American Arbitration Association (“AAA”). The AAA Consumer Arbitration Rules are available online at www.adr.org 

Initiating Arbitration 

If you intend to seek arbitration you must first send a written notice (“Notice”), by first class or certified mail to legal@geocomm.com. If GeoComm intends to seek arbitration, GeoComm will send a Notice to the current billing address on your account via registered mail. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings. 

A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to GeoComm at legal@geocomm.com, and GeoComm will send such copy to the current billing address on your account or to your attorney, if you have retained one. 

Fees 

For claims of $75,000 (US Dollars) or less, you will pay the filing fee specified in the AAA Consumer Arbitration Rules. GeoComm will pay any additional required filing fees, and all administration and arbitrator fees (collectively, “Arbitration Fees”) unless the arbitrator determines that your claim is frivolous. For claims over $75,000 (US Dollars), payment of the AAA filing fee and Arbitration Fees will be governed by the AAA Consumer Arbitration Rules. 

Location & Procedure 

If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the AAA Consumer Arbitration Rules. 

Arbitrator’s Decision 

The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. GeoComm waives its right to seek attorneys’ fees and costs in arbitration. 

Choice of Law, Forum Selection, & Jury Waiver 

Except as set forth in the Arbitration Agreement section above, all matters relating to your access to or use of the System and all matters arising out of or related to these Terms, will be governed by the applicable laws of the United States of America and the laws of the State of Minnesota, without regard to Minnesota’s choice of law principles. Unless you and GeoComm agree otherwise, in the event that it is determined or these Terms provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the District of Minnesota, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Minnesota for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Minnesota located in Hennepin County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and GeoComm both waive your right to a jury trial, unless such waiver is unenforceable. 

The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes. 

Terms and Termination 

These Terms remain in force so long as user continues to access or use the System or until terminated by any party. GeoComm may terminate these Terms for any reason at any time and users may terminate by discontinuing use of the System. GeoComm reserves the right, in its sole discretion, to suspend or terminate users’ access to or use of the System at any time if GeoComm believes users have acted in violation of these Terms, GeoComm’s Privacy Policy or Cookie Policy, or applicable law, or have attempted to interfere with the System, or have acted with intent to annoy, abuse, threaten, or harass any other person. Upon termination, users’ access to the System will cease. 

Feedback 

We welcome you to provide us with feedback, input and suggestions regarding the System (“Feedback”). If you choose to provide us with Feedback, then you agree that we may use the Feedback in any manner and for any purpose without compensation to you. You acknowledge and agree that GeoComm shall own all right, title and interest in the Feedback and is the sole exclusive owner of the Feedback and you assign all rights, title and interest you have in such Feedback to GeoComm together with all intellectual property rights therein.  

Force Majeure 

Neither party will be liable for any failure or delay in its performance under these Terms due to any cause beyond its reasonable control, including an act of war, terrorism, act of God, earthquake, flood, epidemic, pandemic, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet. The delayed party will give the other party notice of such cause and will use its reasonable commercial efforts to correct such failure or delay in performance. 

Miscellaneous Terms 

These Terms, together with our Cookie Policy and Privacy Policy and any other legal notices on the System, are the entire agreement between you and us related to your use of the System. If any part of these Terms are determined to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. 

Notice for California Residents 

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the System, please send an email to legal@geocomm.com You may also contact us by writing to 

GeoComm  
1100 West St. Germain Street Suite 300 St. Cloud, MN 56301 

United States 

or by calling us at320-240-0040 California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 

Contact Information 

To contact us, email us at geocomm@geocomm.com.