EFFECTIVE: OCTOBER 16, 2015.
Use of this Site
Unless otherwise noted, all text, images, graphics, photographs, video clips, designs, icons, sounds, information, data, compilations (meaning the collection, arrangement, and assembly of other content), and other materials (the “content”) on this Site are protected copyrights, trademarks, service marks, patents, or other intellectual property, or are otherwise subject to propriety rights owned or licensed by Shearwater® or our affiliates.
Subject to the below restrictions concerning use of content or information obtained through the password-protected portion of the Site, you may use the content on this Site for limited, internal, noncommercial, informational purposes. You may print out a single copy of the content solely for those purposes, and may do so only if the copy bears all copyright, trademark, service mark, other intellectual property, and proprietary rights notices displayed on this Site.
You may not copy, distribute, publish, transmit, modify, create derivative works from, or in any way exploit any of the content, in whole or in part, for any purpose. Except as authorized in this and the preceding paragraph, and subject to all other limitations herein, you are not granted a license under any copyright, trademark, service mark, patent, other intellectual property, proprietary right, or right of use in the content. Under no circumstances will you obtain any rights in the products, services, processes, or technology described in the content. All such rights are retained by Shearwater, our affiliates, and any third-party owners of those rights.
If you are under 18 years of age, you may use this website only with permission and supervision of a parent or guardian.
Any use of the Site not specifically permitted herein is strictly prohibited.
Information You Provide
Visiting this Site or sending e-mails to Shearwater constitutes electronic communications. You consent to receive electronic communications and you agree that all any agreements, notices, disclosures, and other communications that we may provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing.
Use of the Password-Protected Portion of this Site
Certain portions of this Site are protected by password and intended for use only by our registered online account holders. Access to the password-protected portions of this Site without authorization from Shearwater is strictly prohibited. In addition, any and all content or information that you or your company access or obtain via the password-protected portions of the Site (including, without limitation, any password used to access those portions of the Site and any pricing or financial information obtained from those portions of the Site) is, and must be treated as, strictly confidential proprietary information and a trade secret of Shearwater. Accordingly, such content or information must not be disclosed and must be protected using the same standards of protection that you or your company use to protect your or your company’s trade secrets and confidential information, but in no case less than commercially reasonable means of protection.
References to Third Parties and Third-Party Websites
This Site may contain forward-looking information regarding Shearwater and our affiliates including projections, estimates, forecasts, plans, offerings, and objectives. Although Shearwater management believes that all such statements are based upon reasonable assumptions, no assurance can be given that the actual results will not differ materially from those contained in such forward-looking statements. The forward-looking information involves risks and uncertainties that affect our operations, financial performance, and other factors. We do not undertake any duty to update any forward-looking statement except as required by law.
You agree to indemnify, defend, and hold harmless Shearwater, our 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 Site or services, any postings made by you, your violation of any terms of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Shearwater reserves the right, at its 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 Shearwater in asserting any available defenses.
Disclaimer of Warranties; Liability
THIS SITE AND ALL CONTENT ARE PROVIDED “AS IS,” AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR THE MATERIALS AND CONTENT ARE DISCLAIMED (UNLESS SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW), AND Shearwater DISCLAIMS ALL RELATED REPRESENTATIONS, COVENANTS, OR OTHER ASSURANCES, IF ANY, AS TO THIS SITE, MATERIALS AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, IMPLIED OR EXPRESS WARRANTY OF TITLE, OR OF PATENT, TRADEMARK OR COPYRIGHT NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, CONDITION, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE PERFORMANCE OR THAT ANY INFORMATION OR MATERIAL ACCESSIBLE THROUGH THIS SITE IS FREE OF VIRUSES, CANCELBOTS, WORMS, LOGIC BOMBS, TROJAN HORSES OR OTHER HARMFUL CONTENTS OR COMPONENTS. YOU WARRANT THAT YOU UNDERSTAND AND ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT ALL MATERIALS AND INFORMATION CONTAINED IN THIS SITE ARE PROVIDED WITH NO WARRANTY, REPRESENTATION, COVENANT OR OTHER ASSURANCE AS TO THEIR ACCURACY OR COMPLETENESS. YOU TAKE ALL MATERIALS AND INFORMATION ON AN “AS-IS” AND “AS AVAILABLE BASIS”; Shearwater MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THIS SITE. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THIS SITE. IN NO EVENT SHALL Shearwater OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, IN CONTRACT, TORT OR OTHERWISE, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF Shearwater HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
The content on this Site may include technical inaccuracies or typographical errors, and we are not responsible for any reliance you may place on the content. Shearwater may make changes to the content and the products, services and programs described in the content at any time without notice.
The Site is controlled, operated and administered by Shearwater from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Shearwater content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations, including, without limitation, any exporting of data.
Termination and Access Restriction/Limited Use
Shearwater reserves the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shearwater as a result of these Terms or use of the Site. Shearwater’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Shearwater’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Shearwater with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder these Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Shearwater with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Shearwater with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of you and Shearwater that these Terms and all related documents be written in English.
These Terms shall be governed by the laws of the State of Delaware, excluding its conflicts of law principles, and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.