Helios® Terms of Service (“TOS”)
1. Acceptance of Terms; Changes
The Site (defined below) is made available to User (defined below) by NV5 Geospatial
Solutions, Inc. (“NV5GS”) subject to User’s acceptance of the TOS and any applicable
license agreement. NV5GS is a subsidiary of NV5 Geospatial, Inc. When using any
Services, User agrees that it is subject to any additional posted guidelines, rules, terms,
and/or conditions applicable to such Services, which are hereby incorporated in the TOS
by reference. The “Site” means the Helios API/network/web application and otherproducts and services (collectively, the “Service”) provided by NV5GS via
https://helios.earth/developers/ and https://helios.earth/explore/login (the “Site” or “Sites”).
“User” means licensee, an evaluator of the Services, person or organization accessing
the Site.
NV5GS reserves the right to, from time to time, make changes to the TOS in its sole
discretion, whether in whole or in part, for any reason. The most recent version of the
TOS will always be posted to the Site. If NV5GS does make any changes, NV5GS will
also update the Services on the Site and NV5GS may provide User with other forms ofnotice as well. Changes to the TOS will become effective when NV5GS posts the revised
TOS to the Site. By continuing to interact with the Site following such changes, User is
accepting and agreeing to be bound by the revised TOS. NV5GS encourages User toreview the Terms periodically to ensure that User understands its rights and obligations
in connection with User’s use of the Site.
NV5GS also reserves the right, at any time and from time to time, temporarily or
permanently, in whole or in part, to: modify or discontinue the Site, with or without notice;charge fees in connection with the use of the Site; modify and/or waive any fees charged
in connection with the Site; and offer opportunities to some or all Users of the Site. User
agrees that neither NV5GS nor any of its affiliates, subsidiaries, or operating divisions(collectively, “Affiliated Entities”) shall be liable to User or to any third party for any
modification, suspension, or discontinuance of the Site, in whole or in part, or of any
Service, content, feature, or product offered through the Site. User’s continued use of theSite after such changes will indicate User’s acceptance of those changes.
2. Description of the Services
NV5GS may provide Users of the Site with access to certain content and services related
to NV5GS’s online services including: (i) services including but not limited to weather,traffic, environment imaging and monitoring functionalities and (ii) content such as audio
and/or video clips, graphics, images, text, data, postings, messages, and other similar
content/services; (collectively, the "Services").
DISCLAIMER: The Services involving weather imaging, monitoring, or similar functionality
are based on an emerging technology advisory service designed to provide decisionmakers with insight and vigilance. However, it is important to note that current site
conditions may differ from displayed images due to a variety of reasons, such as rapidlychanging weather patterns, image update frequency, and optical distortion. User
expressly acknowledges and agrees that such images are exclusively intended for use as
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Helios® Terms of Service (“TOS”)
a supplemental product to improve situational awareness. IT IS IMPERATIVE THATUSERS DO NOT RELY ON WEATHER IMAGING OR MONITORING FUNCTIONALITYAVAILABLE THROUGH THE SITE AS A WARNING OR ALARM VEHICLE UNDER ANY
CIRCUMSTANCES. The National Weather Service (“ NWS” ) is the official weather
warning authority for the citizens of the United States of America.
3. Information Submitted Through the Site
Any submission of information on or through the Site is governed by NV5GS’s Website
Privacy
Policyhttp://www.NV5GeospatialSoftware.com/company/Pages/PrivacyPolicy.aspx (the “Policy”), which is hereby incorporated into the TOS by reference. User
represents and warrants that any information User provides in connection with User’s useof the Site is and shall remain true, accurate, and complete, and that User will maintainand update such information regularly. User further acknowledges and agrees that if any
information User provides is false, inaccurate, obsolete, incomplete, or otherwise violates
this TOS, NV5GS may terminate User’s use of the Site and/or any Service, content,
feature, or product offered through the Site.
4. Rules of Conduct
User must respect the rights and dignity of others and comply with applicable laws, rules,
and regulations at all times when using the Site. User’s use of the Site is conditioned oncompliance with the TOS, including the rules set forth in this Section 7 (the “Rules ofConduct”). Failure to adhere to the Rules of Conduct may result in termination of User’s
access to the Site.
By accessing the Site, User agrees that User willnot:a) Post, transmit, or otherwise make available through or in connection with the Site:
1) Anything that is or may be: (i) threatening, harassing, degrading, hateful, or
intimidating; (ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent,pornographic, or otherwise objectionable; or (v) protected by copyright,
trademark, trade secret, right of publicity, or other proprietary right without theexpress prior consent of the owner of such right.
2) Any material that: (i) would give rise to criminal or civil liability; (ii)encourages conduct that constitutes a criminal offense; or (iii) encourages orprovides instructional information about illegal activities or activities such as"hacking," "cracking," or "phreaking."
3) Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or othercomputer code, file, or program that is harmful or invasive or may damage
or hijack the operation of, or to monitor the use of, any hardware, software, or
equipment.
4) Any unsolicited or unauthorized advertising, promotional material, "junk mail,""spam," "chain letter," "pyramid scheme," or investment opportunity, or any otherform of solicitation.
5) Any material, non-public information about a company without the proper
authorization to do so.
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b) Use the Site for any fraudulent or unlawful purpose.
c) Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate thelegal rights of others (including privacy rights or rights of publicity), or harvest orcollect
Personal
Information(asdefinedinthe
Policy)http://www.NV5Geospatialsoftware.com/company/Pages/Privacy-Policy.aspx
about other users of the Site with proper authorization to do so.
d) Impersonate any individual or entity, falsely state or otherwise misrepresent
User’s affiliation with any person or entity, or expressly claim or imply that NV5GS
endorses any statements User makes.
e) Interfere with or disrupt the operation of the Site or the servers or networks
used tomake the Site available, or violate any requirements, procedures, policies, or
regulations of such servers or networks.
f) Restrict or inhibit any other person from using the Site.
g) Use the Site to advertise or offer to sell or buy any goods or services without
NV5GS’s express prior written consent.
h) Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial
purposes any portion of, use of, or access to the Site.
i) Modify, adapt, translate, reverse engineer, decompile, or disassemble any portionof the Site.
j) Remove any copyright, trademark, or other proprietary rights notice from the Siteor related services or materials.
k) Frame or mirror any part of the Site without NV5GS’s express prior written consent.
l) Create a database by systematically downloading and storing Site content.
m) Use any robot, spider, site search/retrieval application, or other manual or automatic
device to retrieve, index, "scrape," "data mine," or in any way gather Site content or
reproduce or circumvent the navigational structure or presentation of the Site
without NV5GS’s express prior written consent.
Additionally, User acknowledges and agrees that User (and not NV5GS) is responsible
for: (i) obtaining and maintaining all telecommunications, broadband, and computer
hardware, equipment, and services needed to access and use the Site; and (ii) paying all
charges related thereto.
5. Products, Content, and Specifications
Descriptions and images of, and references to, third-party products or services available
in connection with the Site do not imply NV5GS’s endorsement of such third-party
products or services. All descriptions, images, references, features, content,
specifications, products, and prices of products and services described or depicted on thisSite are subject to change at any time, with or without prior notice. Certain measurements
and similar descriptions are approximate and are provided for convenience purposes only.
NV5GS reserves the right, with or without prior notice, to: (i) discontinue or limit theavailable quantity of any product or service; (ii) honor or impose conditions on the
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honoring of any coupon, coupon code, promotional code, or other similar promotion;
and/or (iii) refuse to provide any user with any product or service.
6. Accuracy of Information
NV5GS attempts to ensure that information on this Site is complete, accurate, andcurrent. Despite its efforts, the information on this Site may occasionally be inaccurate,incomplete, or out-of-date. NV5GS makes no representation as to the accuracy orcorrectness of any information on this Site.
7. Registration; User IDs and Passwords
User may be required to register with NV5GS in order to obtain a User ID and password
necessary to access certain Services or areas of the Site. With respect to any suchregistration, NV5GS may refuse to grant User and User may not use any User ID
that: (i) is already being used by someone else; (ii) may be construed as impersonating
another person; (iii) belongs to another person; (iv) personally identifies User; (v) violates
the intellectual property or other rights of any person; (vi) is offensive; or (vii) NV5GS
rejects for any other reason in its sole discretion.
User ID and password are for User’s use only, and not for use by any other person. Useris responsible for maintaining the confidentiality of any password it may use to accessthe Site, and agrees not to transfer User’s password or User ID, or to otherwise lend ortransfer User’s use of or access to the Site, to any third party. User is fully responsible
for all interaction with the Site that occurs in connection with User’s ID or password. User
agrees to immediately notify NV5GS of any unauthorized use of User’s ID or password
or any other breach of security related to User’s account or the Site, and to ensure that
User logs-off from its account (if applicable) at the end of each session. NV5GS is notliable for any loss or damage arising from User’s failure to comply with any of therequirements set forth in the TOS.
8. Jurisdiction Issues
The Site is controlled and operated by NV5GS (or by third-party service providers
on NV5GS’s behalf) from the United States of America (“U.S.A.”), and is not intended tosubject NV5GS to the laws or jurisdiction of any state, country, or territory other thanthat of the U.S.A. NV5GS does not represent or warrant that the Site or any part thereof
is appropriate or available for use in any particular jurisdiction other than the U.S.A. In
choosing to access the Site, User does so on User’s own initiative and at User’s own risk,
and User is responsible for complying with all local laws, rules, and regulations. User may
be subject to U.S.A. export controls and is responsible for any violations of said controls,
including any U.S.A. embargoes or other federal rules and regulations restricting exports.
NV5GS may limit the Site's availability, in whole or in part, to any person, geographic area,or jurisdiction NV5GS chooses, at any time and in NV5GS’s sole discretion.
9. Governing Law.
The TOS shall be governed by and construed in accordance with the laws of the State of
Florida, U.S.A., without regard to its principles of conflicts of law. In the event of any
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dispute or claim arising out of or in any way related to the Site, the Services, and/or the
TOS, you agree to exclusive jurisdiction of the federal and state courts located in theSouthern District of Florida, and User expressly waives any jurisdictional, venue, orinconvenient forum objections to such courts.
10. License
For purposes of clarity, User retains ownership of any information, content, and/or
materials User submits through the Site (each, a “Submission”). However, please notethat NV5GS needs certain rights to User’s Submissions to be able to make them available
on the Site. As such, User hereby grants to NV5GS, the Affiliated Entities, and theirrespective service providers and designees a worldwide, non-exclusive, transferable,
sublicensable (through multiple tiers), royalty-free, perpetual, irrevocable right andlicense, without compensation to User, to: use, reproduce, distribute, adapt (e.g., edit,
modify, translate, reformat, etc.), create derivative works of, transmit, publicly display, andpublicly perform such Submission, in any media now known or hereafter developed. Thislicense is non-exclusive (so User can license its Submissions to others), worldwide (asthe internet is global in its reach), fully-paid up and royalty-free (so that NV5GS does nothave to pay User for posting its Submissions), sublicensable through multiple tiers (sothat NV5GS can use its service providers and subcontractors to provide Services).
For each Submission, User represents and warrants that: (i) User has all rights
necessary for it to grant the licenses discussed in this section of the TOS; and (ii)both the Submission and User’s provision thereof to and through the Site otherwise
comply with this TOS and all applicable laws, rules, and regulations. User further
irrevocably waives any “moral rights” or other rights with respect to attribution of
authorship or integrity of materials regarding each Submission that User may have under
any applicable law under any legal theory. NV5GS requests this waiver to help ensurethat NV5GS has all the rights NV5GS may need to provide the Services available throughthe Site.
11. Monitoring
NV5GS, the Affiliated Entities, and their respective employees, officers, directors,
shareholders, affiliates, agents, representatives, licensors, suppliers, and service
providers (collectively, the “Related Parties”) reserve the right, but do not assume theresponsibility, to review, delete, edit, or otherwise alter all Submissions in any manner it
deems fit. NV5GS may remove any Submissions that NV5GS deems, in its sole
discretion, to be inappropriate, offensive, or NV5GS also reserves the right to access,read, preserve, and disclose any Submissions that NV5GS reasonably believes isnecessary to (i) satisfy any applicable law, regulation, legal process, or governmental
request; (ii) enforce this TOS, including investigations of potential violations hereof; (iii)
detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond tosupport requests; (v) protect the rights, property, or safety of NV5GS, the AffiliatedEntities, the Related Parties, users of the Site, and/or the general public; or (vi) achieve
any other goal or purpose.
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User expressly acknowledges and agrees that NV5GS will not be liable or responsible forthe exercise or non-exercise of its rights under the TOS.
12. Proprietary Rights
The information and materials made available through the Site, including the Services:(i) are and shall remain the property of NV5GS, the Affiliated Entities, and/or the Related
Parties (as applicable); and (ii) are protected by copyright, trademark, patent, and/or otherproprietary rights and laws. Except as expressly authorized in prior written form by theholder of the relevant proprietary rights, User agrees not to copy, reproduce, modify, rent,
lease, loan, sell, license, decompile, reverse engineer, publish, distribute, or create
derivative works based on (whether in whole or in part), all or any part of the Site or any
materials made available through the Site. All trademarks and service marks on the Site
not owned by NV5GS are the property of their respective owners. The trade names,
trademarks, and service marks owned by NV5GS, the Affiliated Entities, and/or theRelated Parties, whether registered or unregistered, may not be used in connection withany product or service that is not owned by NV5GS, in any manner that is likely to cause
confusion. Nothing contained on the Site should be construed as granting (whether by
implication, estoppel, or otherwise) any license or right to use any of the trade names,
trademarks, or service marks of NV5GS, the Affiliated Entities, and/or the Related Parties
without the express prior written consent of the holder of the relevant proprietary rights.
13. Third-Party Websites and Services
The Site may contain links to websites and/or other online content that is owned andoperated by third parties. NV5GS has no control over such websites and services, andthey may provide links to the Site with or without NV5GS’s authorization. Accordingly,
User expressly acknowledges and agrees that NV5GS, the Affiliated Entities, and theRelated Parties: (i) are not responsible for the availability of such third-party websites orservices (or for any links from such websites or services to the Site); (ii) do not endorse
and are not responsible or liable for any content, advertising, products, or other materials
available on or through such third-party websites or services; and (iii) shall not be liable
for any loss or damages incurred in connection therewith.
USER AGREES THAT USER’S USE OF THIRD PARTY WEBSITES AND RESOURCES(INCLUDING ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR
OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH WEBSITES ANDRESOURCES) IS AT USER’S OWN RISK AND IS SUBJECT TO THE TERMS AND
CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
NV5GS shall have the right, at any time and in its sole discretion, to block links to the Site
through technological or other means without prior notice.
14. Disclaimer of Warranties
NV5GS, THE AFFILIATED ENTITIES, AND/OR THE RELATED PARTIES PROVIDETHE SITE AND ANY RELATED PRODUCTS OR SERVICES (INCLUDING THIRDPARTY PRODUCTS OR SERVICES) ON A“AS IS” AND “AS AVILABLE BASIS,”
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Helios® Terms of Service (“TOS”)
WITHOUT MAKING ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS,IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE UNDERAPPLICABLE LAW AND WITHOUT LIMITING THE FOREGOING, NV5GS, THE
AFFILIATED ENTITIES, AND THE RELATED PARTIES SPECIFICALLY DISCLAIM ANY
AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, NONINFRINGEMENT, AND TITLE.
USER AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
ENTIRE RISK ARISING OUT OF USER’S ACCESS TO AND USE OF THE SITE AND
ANY RELATED PRODUCTS OR SERVICES (INCLUDING THIRD-PARTY PRODUCTS
AND SERVICES) OBTAINED THROUGH THE SITE REMAINS ENTIRELY WITH USER,INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. NEITHER
NV5GS, THE AFFILIATED ENTITIES, NOR THE RELATED PARTIES WARRANT THATTHE SITE OR RELATED CONTENT OR SERVICES WILL BE UNINTERRUPTED ORERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SITE, THE SERVICES, OR ANY
INFORMATION CONTAINED THEREIN.
15. Limitation of Liability.
USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER NV5GS, THE
AFFILIATED ENTITIES, THE RELATED PARTIES, NOR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND RELATEDPRODUCTS OR SERVICES WILL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR
OTHER DAMAGES WHATSOEVER (INCLUDING THOSE RESULTING FROM LOSTPROFITS OR ANTICIPATED PROFITS, DATA, GOODWILL, OR BUSINESSINTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THISAGREEMENT/TOS, OR FROM THE USE OR INABILITY TO USE THE SITE ORRELATED PRODUCTS OR SERVICES, OR FROM ANY COMMUNICATIONS,INTERACTIONS, OR MEETINGS WITH (OR CONTENT POSTED BY) NV5GS OR
THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT(INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. USERS FURTHER AGREE THAT USERS’ SOLE AND EXLUSIVE REMEDYFOR DISSATISFACTION WITH THE SITE AND ANY RELATED PRODUCTS ORSERVICES IS TO STOP USING THE SITE AND/OR RELEVANT PRODUCTS ORSERVICES. THE MAXIMUM AGGREGATE LIABILITY OF NV5GS, THE AFFILIATED
PARTIES, AND THE RELATED PARTIES FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY USER TO
NV5GS TO ACCESS AND USE THE SITE.
While NV5GS intends to maintain the integrity and security of the Site and the servers
from which the Site is operated, NV5GS does not guarantee that the Site will be or
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Helios® Terms of Service (“TOS”)
remain secure, complete or correct, or that access to the Site will be uninterrupted. The
Site may include inaccuracies, errors, and materials that violate or conflict with the TOS.
Additionally, third parties may make unauthorized alterations to the Site. If User becomeaware of any unauthorized third-party alteration to the Site, contact us at:https:www.NV5GeospatialSoftware/forms/sishelioscontactus with description of thematerial(s) at issue and the URL or location on the Site where such material(s) appear.
16. Indemnity.
User specifically agrees to defend, indemnify, and hold harmless NV5GS, the AffiliatedEntities, and the Related Parties from and against any and all claims, suits, proceedings,
disputes, demands, liabilities, damages, losses, costs, and expenses (including
reasonable legal fees) arising out of or otherwise related to: (i) User’s use of, access to,interaction with, or activities in connection with the Site (including all Submissions andtransactions); or (ii) User’s violation of the TOS.
17. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyrightowners who believe that material appearing on the Internet infringes their rights under
U.S. copyright law. If you believe in good faith that materials available on the Site infringe
your copyright, you (or your agent) may send us a notice requesting that NV5GS remove
the material or block access to it. If you believe in good faith that someone has wrongly
filed a notice of copyright infringement against you, the DMCA permits you to send a
counter-notice to NV5GS. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
Notices and counter-notices should be sent to:
NV5 Geospatial Solutions, Inc.
385 Interlocken Crescent, Suite 300
Broomfield, CO 80021
Tel. +1 (303) 786-9900 (ask for the office of the GeneralCounsel) Fax: +1 (303) 786-9909
NV5GS suggests that you consult your legal advisor before filing a notice or
counter-notice.
18. Termination
The TOS are effective until terminated. NV5GS, in its sole discretion, may terminate
User’s access to or use of the Site and/or the Services, at any time and for any reason,
including if NV5GS believes that User have violated or acted inconsistently with theletter or spirit of this TOS. User’s right to use the Site will immediately cease upon any
such termination. User agree that any termination of User’s access to or use of the Site
and/or the Services may be effected without prior notice, and that NV5GS may
immediately deactivate or delete User’s User ID and password, and all related informationand files associated with it, and/or bar any further access to such information or files. User
agree that NV5GS, the Affiliated Entities, and the Related Parties shall not be liable to
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Helios® Terms of Service (“TOS”)
User or any third party for any termination of User’s access to the Site or to any suchinformation or files, and shall not be required to make such information or files available
to User after any such termination. Sections 5, 6, and 8-23 of the TOS shall survive any
such expiration or termination.
19. Promotions
User may be provided with the opportunity to participate in contests, sweepstakes,
surveys, games, or similar promotions made available through the Site (collectively,"Promotions"). Please note that such Promotions may be governed by specific rules thatare separate from the TOS. By choosing to participate in a Promotion, User will become
subject to any additional applicable rules and they may differ from those explained in the
TOS. NV5GS encourages User to review any relevant rules and conditions – including all
applicable privacy policies – prior to participating in a Promotion.
20. Notice for CA 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 Site, User
may contact NV5GS using the following:
NV5 Geospatial Solutions, Inc.
385 Interlocken Crescent, Suite 300
Broomfield, CO 80021
Tel. +1 (303) 786-9900 (ask for the office of the GeneralCounsel) Fax: +1 (303) 786-9909
California residents may reach the Complaint Assistance Unit of the Division ofConsumer 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.
21. Forward Looking Statements
Statements in any news release of NV5 Global, Inc. and NV5GS contained on the Site orcommunicated orally or in writing that concern NV5GS or NV5GS’ management and are
not historical facts are “Forward-Looking Statements.” Forward-Looking Statements might
include, for example, statements that: (i) include the words “believes,” “expects,”“anticipates,” “estimates,” or words of similar importance or meaning with reference to
NV5GS or NV5GS’ management; (ii) are specifically identified as forward-looking; (iii)
describe any of NV5GS’ plans, objectives, or goals for future operations and products; or(iv) concern the characteristics and growth of NV5GS’ markets or customers or NV5GS’
expected liquidity and capital resources.
Forward-Looking Statements are only predictions involving important factors and risks
that may cause actual results to differ materially from those discussed in any ForwardLooking Statement.
Those important factors and risks might include, for example,
economic, competitive, governmental, and technological factors affecting NV5 Global,
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Helios® Terms of Service (“TOS”)
Inc. and NV5GS’ operations, markets, products, services, and prices. Important factors
and risks are described in the current annual report filed with the SEC, and may bedetailed from time to time in additional reports and other filings of NV5 Global, Inc. filedwith the SEC. Copies of the most recent reports and other filings can be accessed throughthe SEC EDGAR system located at www.sec.gov or may be obtained at no charge from
NV5 Global, Inc.. NV5 Global, Inc. expressly disclaims any obligation or responsibility to
update or revise or supplement any Forward-Looking Statement in any news release or
generally to any extent.
22. Ability to Enter into this Agreement
By accessing and/or using the Site or the Services, User affirms that User is of legal age
to enter into the TOS or, if User is not, that User has obtained any necessary parental
or guardian consent to enter into the TOS.
23. Miscellaneous
The TOS do not, and shall not be construed to, create any partnership, joint venture,
employer- employee, agency, or franchisor-franchisee relationship between User and
NV5GS. If any provision of the TOS is found to be unlawful, void, or for any reason
unenforceable, that provision will be deemed severable from the TOS and will not affectthe validity and enforceability of any remaining provisions. User may not assign, transfer,or sublicense any or all of its rights or obligations under the TOS without the express priorwritten consent of NV5GS. NV5GS may assign, transfer, or sublicense any or all of its
rights or obligations under the TOS without restriction. No waiver by either party of any
breach or default hereunder will be deemed to be a waiver of any preceding or
subsequent breach or default. Any heading, caption, or section title contained herein is
inserted only as a matter of convenience, and in no way defines or explains any section
or provision hereof. User agrees that a printed version of the TOS and/or any noticegiven in electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to the TOS to the same extent and subject to the same conditions asother business documents and records originally generated and maintained in printed
form. NV5GS will not be responsible for failures to fulfill any obligations due to causes
beyond its control. In the event there is a conflict between the terms of the TOS and theterms of any other document forming a part of an agreement hereunder, the terms of the
TOS shall control unless there is an express reference in the purchase order to theapplicable section of the TOS with a statement that the section is being modified as set
forth therein.
24. General Data Protection Regulation (EU 2016/679)
If applicable, User will comply with GDPR which means the General Data Protection
Regulation (EU 2016/679) effective May 25, 2018 and any legislation or regulation whichamends or replaces it.
25. Contact Us
If User has any questions or comments about the TOS or his/her application to User’s
use of the Site, please contact NV5GS by telephone at +1 (303) 786-9900 and ask
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Helios® Terms of Service (“TOS”)
for the office of the General Counsel. User may also reach NV5GS by writing to NV5GS
at the following address: NV5 Geospatial Solutions, Inc. at 385 Interlocken Crescent,Suite 300, Broomfield, CO 80021.
Please be sure to include your name, address, and e-mail address in any
correspondence to NV5GS so that NV5GS can strive to respond to your inquiry in a timely
manner. User should also be aware that e-mail communications will not necessarily be
secure; accordingly, User should not include credit card information or other sensitive
information in User’s e-mail correspondence with NV5GS.

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