- Eligibility. The Service is intended for individuals who are at least eighteen (18) years old. If you are not at least eighteen (18) years old, please do not access, visit or use the Service.
- Registration. As a condition of using certain features of the Service, you will be required to register through the Service and select a password and user I.D. You may not: (a) select or use as a user I.D. a name of another person with the intent to impersonate that person; (b) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You shall be responsible for maintaining the confidentiality of your user I.D. and password. If you become aware or any unauthorized use of your password or of your account, you should notify us immediately at GoFreeSupport.firstname.lastname@example.org..
You may not access or use the Service for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Service in our discretion. These prohibited activities include, without limitation, the following:
- Criminal, delictual or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
- Advertising to, or solicitation of, any user to buy or sell any products or services, except with the express written approval of Company.
- Transmitting chain letters or junk email to other users.
- Using any information obtained from the Service in order to contact, advertise to, solicit or sell any products or services to any user without their prior explicit consent.
- Engaging in any automated use of the Service, such as using scripts to send comments or messages.
- Interfering with, disrupting or creating an undue burden on the Service or the networks or services connected to the Service.
- Attempting to impersonate another user or person.
- Using the user I.D. or account of another user.
- Sharing your user ID or password with another to allow them to use or access any subscriptions, benefits, or content provided under the Service which they themselves have not subscribed to.
- Using any information obtained from the Service in order to harass, abuse or harm another person.
- Reproducing, copying, duplicating or selling any portion of the Site or the Service.
- Accepting payment of anything of value from a third person in exchange for your performance of any commercial activity on or through the Service on behalf of that person.
- Using the Service in a manner inconsistent with any and all applicable laws and regulations.
- Fees and Charges. If you elect to purchase products and services through the Service, the price of these products and services will be provided to you prior to purchase. We may change pricing from time to time in our discretion, however, if you have purchased a product through the Service that is provided on a subscription basis, the applicable prices for that subscription will remain in effect until the end of the applicable subscription period. If you purchase a product through the Service with an annual subscription, your subscription will last for a period for 365 days from the date you purchase the applicable subscription. All subscription fees must be paid in advance on the day you purchase the applicable subscription. By submitting payment through the Service, you authorize us to charge the applicable fees and any applicable taxes to the account you provide for payment. Except as expressly set forth herein or as required pursuant to applicable law, you will not be entitled to a refund of any subscription fees.
- User Content. You shall be solely responsible for any information, data, text, graphics, or other materials you upload or submit to the Service (“User Content”). We reserve the right to modify or use any User Content that you upload to the Service, whether raw or processed, in any way we deem necessary or useful, including the right to aggregate your User Content with other data collected from users for commercial purposes. By uploading User Content to the Service, you represent and warrant that you have all the rights, power and authority necessary to grant the rights granted in this Section 11, and you hereby grant the Company a worldwide, perpetual, fully paid-up, transferable license to use, copy, organize, or prepare derivative works of your User Content including, but not limited to, the right to use your User Content to create samples, commercial map products and/or research and marketing materials. Any User Content that is either posted publicly or privately on the Service is the sole responsibility of the user who posted it. Your access to the Service and User Content is AT YOUR OWN RISK. The Company cannot be held responsible for any damage resulting from errors or omissions in User Content or any damage that is suffered as a result thereof.
- No Warranty Regarding Accuracy; Warning. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DOES NOT PROVIDE, AND EXPRESSLY DISCLAIMS, ANY WARRANTIES OR GUARANTIES REGARDING THE ACCURACY OF ANY MAPS CREATED USING THE SERVICE. FREQUENCY NOISE AND OTHER FACTORS, INCLUDING, BUT NOT LIMITED TO, SPEED, POWER CABLES ON THE BOAT, POSITIONING OF TRANSDUCER AND WEATHER CAN AFFECT THE ABILITY OF CERTAIN OF OUR PRODUCTS TO ACCURATELY RECORD THE RAW SONAR DATA TRANSMITTED ON YOUR BOAT. MAP OUTPUT CAN ALSO BE AFFECTED BY YOUR DATA COLLECTION TECHNIQUE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR INACCURACIES AND POOR PERFORMANCE OF OUR PRODUCTS AS A RESULT OF THESE FACTORS OR ANY OTHER CIRCUMSTANCE THAT IS NOT WITHIN OUR CONTROL.
IN ADDITION, ALL NAVIGATION AIDS ARE SUBJECT TO INACCURACIES AND DISCREPANCIES. YOU SHOULD NOT RELY ON THE SERVICE AS YOUR SINGLE NAVIGATION AID IN CONNECTION WITH NAVIGATING YOUR VESSEL. YOU SHOULD OBTAIN NAVIGATION INFORMATION FROM ADDITIONAL SOURCES, AND CROSS-CHECK ALL INFORMATION FOR ANY INACCURACIES OR DISCREPANCIES WHEN YOU MAKE ANY DETERMINATION REGARDING YOUR VESSEL’S POSITION, COURSE, SPEED AND INTENDED TRACK.
- Disclaimer of Warranties. THE INFORMATION CONTAINED IN AND PROVIDED THROUGH THE SERVICE, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY, ITS AFFILIATES NOR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ACCESSED ON OR THROUGH THE SERVICE AND THE COMPANY EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTY OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH ANY INFORMATION, MATERIALS, OR SERVICES PROVIDED THROUGH THE SERVICE.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, DELICT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES PROVIDED THROUGH THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THE COMPANY OR ITS AFFILIATES, OR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR ANY CLAIM EXCEED ANY AMOUNTS PAID BY YOU IN CONNECTION WITH THE SERVICE OR USD $100, WHICHEVER IS GREATER. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers’ computer equipment, or software. We are not responsible for any failure of any upload or download due to technical problems or traffic congestion on the internet or any wireless network. We are not responsible for any injury or damage to any person’s computer, mobile phone, onboard electronics systems, or any other personal property related to or resulting from use of the Services including downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services from any Content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline.
Where applicable laws do not allow warranties or terms to be excluded or liability to be limited, some of the above disclaimers and limitations may not apply and you may have additional rights. None of the exclusions or limitations in this agreement will have the effect of limiting or excluding any liability to the extent such liability cannot be limited or excluded under applicable law.
- Void Where Prohibited. Although the Service is accessible in most geographic locations, not all features, products or services discussed, referenced, provided or offered as part of the Service are available to all persons or in all geographic locations, and may not be permitted by law in all geographic locations. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic location. Any offer for any feature, product or service made available through the Service is void where prohibited by law.
- Unauthorized Transactions. In the event that you use a credit card to pay for any products or services offered through the Service, you are representing to the Company that you are authorized to use that credit card. Any violation of this requirement will be reported to the appropriate authorities.
- Indemnification. You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, and costs including attorneys’ fees, arising from or related to your use of the Service.
- Non-Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Force Majeure. The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation.
or by postal mail at Navico, Privacy Officer, 4500 S. 129th E. Ave., Ste. 200, Tulsa, OK, 74134-5885, USA.