MariTrack Terms of Service
Posted: July 22, 2015
Effective: July 22, 2015
Your Data & Your Permissions
When you use our Services, you provide us with things like your files, due-date information, email addresses and so on ("Your Data"). Your Data is yours. These Terms don't give us any rights to Your Data except for the limited rights that enable us to offer the Services. We need your permission to do things like hosting Your Data, backing it up, and sharing it when you ask us to. Our Services also provide you with features like data organizing and viewing, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Data. You give us permission to do those things, and this permission extends to trusted third parties we work with.
Sharing Your Data
Our Services let you establish other user accounts ("End Users") to let you share Your Data with others, so please think carefully about what you share and with whom.
You're responsible for your conduct, Your Data and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so. We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We are not responsible for the information users store and share via the Services. Please safeguard your password to the Services, make sure that others do not have access to it, and keep your account information current.
Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms do not grant you any right, title or interest in the Services, others' content in the Services, MainSea or MariTrack trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Billing. We automatically bill you from the date you sign up for MariTrack and on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we will charge tax when required to do so.
No Refunds. You may cancel your MariTrack Account at any time but you won't be issued a refund.
Downgrades. Your Account will remain in effect until it is cancelled or terminated under these Terms. If you do not pay for your Account on time, we reserve the right to suspend it.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services.
Services "AS IS"
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, MAINSEA AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don't allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAINSEA, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT MAINSEA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO MAINSEA FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don't allow the types of limitations in this paragraph, so they may not apply to you.
Let's Try to Work It Out Together. We want to address your concerns without needing a formal legal case. Before filing a claim against MainSea or MariTrack, you agree to try to resolve the dispute informally by contacting us via email (Click here to email us). We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or MainSea may bring a formal proceeding.
We Both Agree To Arbitrate. You and MainSea agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Fort Lauderdale (FL), or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. MainSea will pay all arbitration fees for claims less than $25,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. MainSea will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or MainSea may assert claims, if they qualify, in small claims court in Fort Lauderdale (FL) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and MainSea agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Broward County (FL). Both you and MainSea consent to venue and personal jurisdiction there.
These Terms will be governed by Florida law except for its conflicts of laws principles.
These Terms constitute the entire agreement between you and MainSea with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
MainSea's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. MainSea may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.