Your use of the products and services of Marine Ventures LLC (“Marine Ventures”, “we”, or the “Company”) is subject to the following Terms of Service Agreement (“Agreement”) YOU MUST READ AND AGREE TO THE AGREEMENT IF YOU ARE A USER OF MARINE VENTURES’ WEBSITES, APPLICATIONS, AND SERVICES (COLLECTIVELY AND INDIVIDUALLY, THE “SERVICES”). BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING MARINE VENTURES' SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”).
Marine Ventures Services
The Tactiqs Performance System provides Services that allow users to measure sailing boat performance metrics. The Services are comprised of data collection and visualization applications and online services for account and data management.
You understand and agree that although we will use reasonable efforts to ensure the Services are available, temporary interruptions of the Services may occur. The Services are provided “AS IS” and Marine Ventures is not liable for any interruption in the Services.
User Accounts and Passwords
By registering with us, you agree that all information provided to us is true and accurate and that you will keep it current, complete and accurate.
When you create your user account, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with any third parties. You agree to keep your password confidential at all times.
You are solely responsible for any unauthorized use of the Services conducted via your password and user name. You agree to notify us if you ever suspect that your password or user name has been compromised. You may also reset your password using the password reset function in your personal profile section of the Marine Ventures App.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you if we suspect a violation of any of these Terms of Service.
Scope of Use
This license granted to you for the Services by Marine Ventures is limited to a revocable, non-exclusive, non-transferable license to use the Services solely upon the terms and conditions set forth is these Terms of Service. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy (except as expressly permitted by the Terms of Usage), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Services, any updates, or any part thereof. If you breach this restriction, you agree that your license will automatically terminate without the need for notice, and you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Marine Ventures that replace and/or supplement the original Services, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. In addition to the automatic termination referenced above, this license may be terminated by Marine Ventures at any time upon notice to you and such termination shall be immediately effective. Upon any termination of this license, you shall cease all use of the Services and destroy all copies, full or partial, of any application included in the Services.
Marine Ventures reserves the right to change the pricing of its Services or the Service Periods at any time. In the event of a price change, we will post the new pricing and applicable Subscriptions and will attempt to notify you by sending an email to the address associated with your user account.
Marine Ventures Subscriptions can be purchased through our online enrollment system using PayPal (“Payment Method”). Marine Ventures, at its sole discretion, may accept credit cards, checks or electronic bank transfers and subsequently issue enrollment codes for the paid Subscription to those users not using the Payment Method.
You hereby authorize us or our affiliates or 3rd party service providers to use your credit card or debit card information to obtain payment for the Services. You represent and warrant that you are authorized to use your credit card, and you agree to pay all charges incurred using your account. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the services ordered by you. You are responsible for payment of any applicable taxes. Payment for the Services occurs immediately upon placement of your order for the Services.
We reserve the right to accept or reject Subscriptions or orders for any reason and to stop accepting credit cards from one or more issuers.
Access to Services and Refunds
Marine Ventures provides NO REFUNDS FOR PAST SERVICES OR UNUSED SERVICES.
You acknowledge and agree that your sole and exclusive remedy for any dissatisfaction, issue or concern related to the Services is to stop using the Services.
No Substitute for Navigation
THE TACTIQS PERFORMANCE SYSTEM IS SOLELY INTENDED AS A DATA VISUALIZATION TOOL FOR SAILING PERFORMANCE DATA. IT'S USE OF GPS POSITIONING DATA DOES NOT CONSTITUTE A NAVIGATIONAL AID OF ANY KIND. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE SAFE OPERATION OF YOUR VESSEL AND ANY NAGIVATION REQUIRED FOR SUCH OPERATION.
ANY CHART DATA DISPLAYED IN THE APPLICATION DOES NOT CONSTITUTE A REPLACEMENT FOR GOVERNMENT CARRIAGE REQUIREMENTS FOR NAUTICAL CHARTS. ONLY OFFICIAL GOVERNMENT CHARTS AND NOTICES TO MARINERS CONTAIN ALL INFORMATION NEEDED FOR SAFE NAVIGATION. THE USER IS RESPONSIBLE FOR THE PRUDENT USE OF SUCH PRODUCTS. ANY TRACK GENERATED BY ELECTRONIC CHARTS, AUTO-ROUTING SOFTWARE OR SIMILAR TOOLS ARE BASIC SUGGESTIONS FOR ROUTE PLANNING ONLY AND MUST NOT BE USED FOR DIRECT NAVIGATION.
Intellectual Property Rights
Marine Ventures is the owner and retains all proprietary rights to the website, applications, the services provided by the website and applications, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Services only as specifically authorized by us.
Marine Ventures’s trademarks and/or service marks may not be used: i) in connection with any product or service that is not provided by Marine Ventures; ii) in any manner that is likely to cause confusion among customers or users of the Services; iii) in any manner that tarnishes or dilutes the marks, or disparages or discredits Marine Ventures.
Marine Ventures’s software and services are the subject of pending patent applications, and you are granted a limited right to use such software and services only in conjunction with the Services and in accordance with these Terms of Service.
Marine Ventures is the owner and retains all proprietary rights to any input, feedback, suggestions, ideas, improvements you provide to us regarding the Services or any of Marine Ventures’s products or technology.
Disclaimer of Warranties
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SERVICES OR FROM US WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS OR (E) YOUR USE OF THE SERVICES WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
Limitation of Liability
IN NO EVENT SHALL MARINE VENTURES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF MARINE VENTURES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) SERVICES SHALL BE THE ACTUAL PRICE PAID BY YOU.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Marine Ventures, its subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity.
We may terminate or suspend your use of the Services at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or any of the Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Our Services are not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that any of our Services are appropriate or available for use in any particular jurisdiction.
The laws of the state of California, USA, will apply to all matters relating to these Terms of Service and the use of the Services, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court in San Diego, California USA or if that court lacks subject matter jurisdiction, to the Superior Court for the County of San Diego, State of California in San Diego, California USA.
If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect.