Terms of Use

Last Modified: June 20, 2024

Acceptance of the Terms of Use

These Terms of Use (as defined below) are entered into by and between you and Disaster Technologies Incorporated (the “Company,” “we,” “our,” or “us”). The following terms and conditions, together with any other terms and conditions, policies and/or documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our website and related products, currently located at www.pratus.ai (the “Website”), including any content, functionality, and services offered on or through the Website such as PRATUS the Disaster Tech platform Software as a Service (collectively, the “Services”), whether as a guest or a registered user. If you are agreeing to these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates.

Please read these Terms of Use carefully before you start to use the Services. By accessing or using any portion of the Services, you agree that you have read, understood, and accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Services.

YOU MAY NOT ACCESS OR USE THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS OF USE, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY APPLICABLE LAW, OR (D) ARE NOT LOCATED IN THE UNITED STATES OR CANADA OR ARE LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued access to or use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.

Privacy Policy and Data Protection

The Services are subject to the Company’s privacy and data protection practices (our “Privacy Policy”). Please read our Privacy Policy found at www.disastertech.com/privacy, which is incorporated herein by reference. Our Privacy Policy explains how the Company collects, uses, and shares your information when you use or access the Services. By accessing or using the Services, you consent to the Company’s collection, use, and sharing of your information as set forth in our Privacy Policy.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. The Services and features available to you will depend on your account type and, where applicable, the terms of any enterprise agreement entered into between you or the company you work for and us (an “Enterprise Agreement”).

You are responsible for both:

Making all arrangements necessary for you to have access to the Services; and
Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information to us. It is a condition of your use of the Services that all of the information you provide in connection with the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

If you register via a third-party account (such as Microsoft Teams or Microsoft Azure), you authorize us to access and use certain third-party account information, including, but not limited to, your profile and other information such as name, email, physical address, phone number, and cell phone number. Please note that if your third-party account or associated service becomes unavailable or if our access to such account is terminated by the third-party service provider or otherwise, then your access to the Services may be terminated. PLEASE NOTE THAT YOUR RELATIONSHIP WITH ANY ASSOCIATED THIRD-PARTY SERVICE PROVIDERSIS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights; License

The Services and their entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms of Use [and any applicable Enterprise Agreement], we hereby grant to you a royalty-free, revocable, non-assignable, non-sublicensable, non-transferrable, and non-exclusive limited license to use the Services to view and annotate maps and data visualization, run models, and to publicly display content with proper attribution, as long as the content is not classified or prohibited by other governing bodies such as government agencies which may prohibit by law the sharing or publicizing of information hosted in or provided by our Services. Other than as expressly granted herein, no right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services.

You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, usernames, or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

Modify, reverse engineer, reverse assemble, decompile, copy, or otherwise derive the source code of any Services for any reason.
Rent, sell, or sublicense any of the Services.
Provide any unauthorized third-party with access to the Services.
Infringe any third-party’s patent, copyright, service mark, trademark, or other intellectual property right of any kind or misappropriate the trade secrets of any third-party in connection with your use of the Services.
Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services or otherwise use the Services outside of the scope of the rights expressly granted herein.

Trademarks

The Company shall maintain all right, title, and interest in and to any names, marks, service marks, trademarks, or logos of the Company and its affiliates (collectively, the “Company Marks”). The Company Marks may not be used in connection with any product or service that is not the Company’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company or implies a partnership, sponsorship, or endorsement with or by the Company. You shall not mention or use any of the Company Marks in any ad text, extensions, or banner ads without the express prior written consent of the Company. All other trademarks not owned by the Company that are used in connection with the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

Use of Services; User Content

You represent and warrant that you either own or have permission to use all of the material, content, data, text, files, images, photos, video, sounds, communications, works of authorship, or any other materials, data, or content and information (including your personal information) you upload, post, share, transmit, submit, or otherwise make available via the Services (collectively, “User Content”).

You understand and acknowledge that you are responsible for your own User Content, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

You are solely responsible for User Content, its accuracy, and for the consequences of submitting or posting User Content. We are not responsible for, and we do not endorse, any User Content, and for the avoidance of doubt, we specifically disclaim any liability in connection therewith.

You retain ownership of the User Content that you upload to the Services. We do, however, require certain licenses from you, as set forth in these Terms of Use, in order to operate, enable, and enhance the Services. For example, we need to be able to transmit, store, and copy User Content in order to display it to you and any users with which you are communicating, to create backups to prevent data loss, and anything else we deem necessary to provide the Services or otherwise meet our business needs or enhance our Services. Your acceptance of these Terms of Use gives us the permission to do so and grants us any rights necessary to provide the Services to you. This permission includes allowing us to use third-party service providers in the operation and administration of the Services, and the rights granted to us are extended to these third-parties to the degree necessary.

Although we have no obligation to monitor your User Content or your use of the Services, we may do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you. We may disclose any information necessary to satisfy our legal obligations, protect the Company, or operate the Services properly. The Company, in its sole discretion, may refuse to post, remove, or refuse to remove, any User Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of these Terms of Use.

Copyright Infringement

Written Notification. We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located;
your address, telephone number, and, if available, email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

DMCA Agent. Our agent for notice of claims of copyright or other intellectual property infringement can be reached via email at support@disastertech.com, by phone at +1 (202) 838-3176, or via regular mail at the following address: 201 N Union Street, Suite 110, Alexandria, VA, 22314, Attention: Copyright Agent, Sean Griffin.

Reliance on Information Posted

The Services may display, include, or make available content, data, information, applications, or materials from third-parties (“Third-Party Materials”) or provide links to certain third-party websites and data. We do not warrant, endorse or make representations regarding the accuracy, completeness, reliability, validity, legality, timeliness, or usefulness of this information and data, regardless of whether it is available on the Services. 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 by anyone who may be informed of any of its contents.

The Services include content provided by third-parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.

The data available on the Services originates from third-party sources and is not continuously updated, unless specifically stated otherwise on the Services. The data may be inaccurate, incomplete, or outdated. We do not provide any warranties regarding the credibility or reliability of the data.

YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SERVICE IS MADE ENTIRELY AT YOUR OWN RISK.

Changes to the Services

We may update the content on the Services from time to time, but such content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Prices, Payments, and Purchase Terms

All prices, fees, discounts, and promotions posted on the Services are subject to change without notice. Posted prices do not include applicable taxes, which will be added to your order at the time of purchase. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment and eligibility to purchase services are within our sole discretion, and we reserve the right to restrict or cancel purchases at our sole discretion. We accept most major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the total purchase price and all applicable taxes, if any, at the time your order is accepted.
If you purchase any of our Services, you agree to pay us all fees and taxes applicable to the Services you purchase.
If you purchase a subscription, you agree to recurring billing and your payment method will be charged automatically at the start of each subscription period for the fees and taxes applicable to that period. Prices are subject to change at any time in our sole discretion, and if you do not agree to any such changes, you should terminate your account before the next subscription period. To avoid future charges, you must terminate your account before the renewal date. If we are unable to effect automatic payment, we will attempt to notify you, and your account may be terminated or disabled until payment is received.
Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Services, except where expressly stated otherwise. Unless otherwise specifically set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.

Termination

These Terms of Use will remain in effect until terminated by either you or the Company.

You may terminate your account at any time by contacting Disaster Tech or PRATUS support by emailing support@disastertech.com with the subject line in the email TERMINATE ACCOUNT. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR ACCOUNT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THESE TERMS OF USE.

Regardless of your account type, we may terminate your account or suspend your access to the Services at any time, with or without cause. If we terminate your account without cause, and you purchased a pre-paid subscription account, we will refund a prorated portion of your monthly or annual prepayment. We will not refund or reimburse you in any other situation. Once your account is terminated for any reason, including after you have stopped paying for your subscription, you will no longer have access to the Services or the data associated with it, and we may permanently delete your account and all the data associated with it. You are solely responsible for maintaining back-ups of all data stored or otherwise available on the Services.

Links from the Services

Any link from the Services to other sites and/or resources provided by third-parties are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Services is based in Alexandria, Virginia in the United States. We provide the Services for use only by persons located in the United States or Canada. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States or Canada. Access to the Services may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws. Certain contracts or enterprise agreements that Disaster Tech has with a client may allow the use of the Services outside of the United States or Canada as per the terms and agreements in the contract with the client.

General Disclaimer

We reserve the right to modify, revise, suspend, or discontinue any of the Services in whole or in part, either temporarily or permanently and with or without notice, and you acknowledge that we are not obligated to support or update the Services in any manner.

Due to maintenance, security, or capacity issues, and also to some events over which we may not have any influence (such as force majeure, equipment malfunction, power failures, hostile attacks, etc.), the Services may be temporarily suspended or affected. We shall use our best commercially reasonable efforts to correct any errors and minimize any disruption, inaccessibility and/or inoperability of the Services, whether scheduled or not. Where feasible, we will endeavor to provide twenty four (24) hours’ advance notice to you in the event of any scheduled downtime.

High Risk Activities

THE SERVICES ARE NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE CONTROLS AND INFORMATION, INCLUDING, WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT, WEAPONS SYSTEMS, OR EMERGENCY RESPONSE SYSTEMS, IN WHICH THE FAILURE OF THE SERVICES COULD LEAD TO DEATH, PERSONAL OR OTHER INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. WE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH HIGH-RISK ACTIVITIES.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL OR DATA POSTED ON THE SERVICES, OR ON ANY WEBSITE OR DATA LINKED TO OR ACCESSIBLE ON THE SERVICES.

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR DATA OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WE DO NOT WARRANT OR GUARANTEE THE CORRECTNESS, COMPREHENSIVENESS, COMPLETENESS, ACCURACY, OR TIMELINESS OF ANY INFORMATION, PRODUCTS, OR SERVICES ON THE SERVICES. THE INFORMATION, DATA, MODELS, PRODUCTS, AND SERVICES AVAILABLE ON THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS TO, OR LACK OF ACCESS TO, USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, OR ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR LOSS OF MODELS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your access to or use of the Services, including, but not limited to, your User Content, any use of the Services’ content, services, data, models, or products other than as expressly authorized in these Terms of Use, or your use of any information or data obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, claim, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the state courts of competent jurisdiction, in each case, located in the State of Delaware. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, our Privacy Policy, and any applicable Enterprise Agreement constitute the sole and entire agreement between you and Disaster Technologies Incorporated regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. To the extent any conflict between an Enterprise Agreement and these Terms of Use exists, the terms of the Enterprise Agreement shall prevail.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@disastertech.com.