KNOGEO TECHNOLOGIES INC.. (“KNOGEO TECHNOLOGIES INC.” “WE” “US”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.KNOGEO.COM (“WEBSITE") AND THE KNOGEO APPLICATION, INCLUDING 3DCRE.KNOGEO.COM AND DEMO.KNOGEO.COM (“THE KNOGEO TECHNOLOGIES INC. APPLICATION” OR “APP”). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO USE THE KNOGEO TECHNOLOGIES INC. APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE (“USERS” “YOU”).BY USING THIS WEBSITE AND/OR THE KNOGEO TECHNOLOGIES INC. APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE KNOGEO TECHNOLOGIES INC. APP OR THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY KNOGEO TECHNOLOGIES INC. FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.
The Service. The KnoGeo Technologies Inc. App and Service is a SaaS (Software-as-a-Service) platform for creating 3D visualizations of real estate data. The App also allows Users to filter the underlying database for visualizations of said data. Users also have the ability to create manual visualizations using the 3D buildings and floors (the “Service”).
Real Estate Data. All real estate data found in demo.knogeo.com, including, but not limited to, all building data and floor data are received from third party data provider Altus Group. This data remains the property of Altus Group and may not be repackaged, resold, or redistributed outside of the KnoGeo application under any circumstances. KnoGeo Technologies Inc. is not responsible for accuracy or timeliness of the Altus Group data.
User Conduct Guidlines. In using the App and Services, you hereby agree to:
Act honestly and in good faith and in a manner that will not harm the goodwill or reputation of KnoGeo Technologies Inc..
Restrictions on Use of the Service. In using the Website, KnoGeo Technologies Inc. App and/or Service You shall not:
copy any content unless expressly permitted to do so herein;
upload, post, email, transmit or otherwise make available any Content that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
You do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
impersonate any person or entity or misrepresent their affiliation with a person or entity;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
collect or store personal data about other users or viewers without their prior express written consent;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or KnoGeo Technologies Inc. App;
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of The KnoGeo Technologies Inc. App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
End User License. Except for User Content, The KnoGeo Technologies Inc. App, this Website, and the information and materials that it contains, are the property of KnoGeo Technologies Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, KnoGeo Technologies Inc. grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) use the Application for your use (the “License”). The KnoGeo Technologies Inc. App is licensed to you and not sold. Nothing in the Terms gives you a right to use KnoGeo Technologies Inc. names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or App. Any future release, update, or other addition to functionality of the Website or The KnoGeo Technologies Inc. App shall be subject to the terms of these Terms. It is your responsibility to ascertain whether any information or materials downloaded from the Website and/or App are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
Feedback. If You provide KnoGeo Technologies Inc. with any suggestions, comments or other feedback relating to any aspect of the Website, The KnoGeo Technologies Inc. App and/or Service ("Feedback"), KnoGeo Technologies Inc. may use such Feedback in the Website or in any other KnoGeo Technologies Inc. products or services (collectively, "KnoGeo Technologies Inc. Offerings"). Accordingly, You agree that: (a) KnoGeo Technologies Inc. is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to KnoGeo Technologies Inc., (c) KnoGeo Technologies Inc. (including all of its successors and assigns and any successors and assigns of any of KnoGeo Technologies Inc. Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any KnoGeo Technologies Inc. Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from KnoGeo Technologies Inc. or any of the other users of the Website in respect of the Feedback.
Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by KnoGeo Technologies Inc.. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by KnoGeo Technologies Inc. of that third party, third party product or service. KnoGeo Technologies Inc. is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that KnoGeo Technologies Inc. endorses or accepts any responsibility for the content or use of such websites, and You hereby release KnoGeo Technologies Inc. from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.While KnoGeo Technologies Inc. does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Section 3 of these Terms of Use. KnoGeo Technologies Inc. reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, THE KNOGEO TECHNOLOGIES INC. APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." KNOGEO TECHNOLOGIES INC. SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. KNOGEO TECHNOLOGIES INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND KNOGEO TECHNOLOGIES INC. SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. KNOGEO TECHNOLOGIES INC. WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL KNOGEO TECHNOLOGIES INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, THE KNOGEO TECHNOLOGIES INC. APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR THE KNOGEO TECHNOLOGIES INC. APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF KNOGEO TECHNOLOGIES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KNOGEO TECHNOLOGIES INC.’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50.00 CAD) OR (B) AMOUNTS YOU’VE PAID KNOGEO TECHNOLOGIES INC. IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD KNOGEO TECHNOLOGIES INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE AND/OR ANY DAMAGE TO PROPERTY OR PERSONAL INJURY THAT MAY BE SUSTAINED BY YOU OR ANY THIRD PARTY AS A RESULT OF YOUR USE OF THE APP AND SERVICES.
Termination. KnoGeo Technologies Inc. may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with KnoGeo Technologies Inc. (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to KnoGeo Technologies Inc.), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by KnoGeo Technologies Inc. in its sole discretion and that KnoGeo Technologies Inc. shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by KnoGeo Technologies Inc. shall be in addition to any and all other rights and remedies that KnoGeo Technologies Inc. may have.
Availability & Updates. KnoGeo Technologies Inc. may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or The KnoGeo Technologies Inc. App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. KnoGeo Technologies Inc. may periodically add or update the information and materials on this Website without notice.
Security. Information sent or received over the Internet is generally unsecure and KnoGeo Technologies Inc. cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for any activities or actions under your password. KnoGeo Technologies Inc. will not be liable for any loss or damage arising from your failure to comply with these requirements.
General. These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by KnoGeo Technologies Inc. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of KnoGeo Technologies Inc. to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by KnoGeo Technologies Inc. must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without KnoGeo Technologies Inc.’s prior written consent. These terms of use are governed in accordance with the laws of the Province of Alberta, and the laws of Canada applicable therein, without regard to conflicts of laws provisions. In the event of a dispute arising in connection with these terms, the parties hereby agree to attorn to the exclusive jurisdiction of the Courts of the Province of Alberta.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to KnoGeo Technologies Inc. App or Service, please contact us at: jesse@knogeo.com.