PLEASE READ CAREFULLY BEFORE USING WWW.ELECROSEA.COM.
THIS AGREEMENT PROVIDES FOR THE MANDATORY ARBITRATION OF DISPUTES.
This Agreement provides the terms and conditions under which you use www.electrosea.com (the “Site”). BY USING THE SITE, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT.DO NOT USE THE SITE IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.
The Site is intended to allow you to access information about ElectroSea, LLC (“we”, “us”, or “our”) and electronically transact with us. This Agreement applies to your access and use of the Site and creates binding legal obligations from you to us. The terms of this Agreement are the only terms of our agreement with you, and supersede all prior communications, understandings, or agreements between you and us, including those in prior versions of this Agreement. WE REJECT ANY TERMS OR CONDITIONS IN ANYTHING YOU MAY SEND TO US, AND NONE OF THOSE TERMS OR CONDITIONS WILL BE A PART OF OUR AGREEMENT WITH YOU OR OTHERWISE BINDING ON US.
This Agreement May Change
The terms of this Agreement may change without notice to you. Each time you access or use the Site, you will be doing so under the then current version of this Agreement. You accept the responsibility of reviewing this Agreement before each use of the Site to make sure that the terms of this Agreement are acceptable to you.
We may transact with you electronically. Among other things, we may send you notices or information by email message.
Third Party Service Providers
We may use the services of third parties (persons or entities that are not affiliated with us) (“Third Party Providers”) in connection with our operation of the Site or transactions conducted through the Site. For example, we may use Third Party Providers to host the Site, provide cloud based back-up and storage services, and provide the email service that we use. Many of the provisions of this Agreement benefit Third Party Providers, and all Third Party Providers are intended beneficiaries of those provisions. However, no Third Party Provider is making any promise or commitment to you under this Agreement and no Third Party Provider will have any liability to you under or relating to this Agreement.
Changes in Appearance, Content, or Functionality
We may change the appearance, content, or functionality of the Site at any time and from time to time without notice to you.
Intellectual Property and Other Rights
The Site and its content are protected by copyrights, service marks, trademarks and other intellectual, proprietary, or legal rights. Some of the Site’s content may be owned by others (someone other than us) and we are using that content under a license. Service marks, trademarks, and other copyrighted materials that appear in the Site are owned by their respective owners. No intellectual property or other right transfers to you under this Agreement or by your use of the Site. If you provide us any images or other content, or any ideas or suggestions relating to the Site or any of our products, you hereby grant us a perpetual, unconditional, unrestricted, irrevocable, fully paid, royalty free, and freely transferable license to use and exploit the same in any manner and for any purpose, without any right to compensation from us and free of all moral, intellectual property, proprietary, trade secret, and other rights.
You will use the Site only as expressly permitted in this Agreement. Without limiting any other provision of this Agreement, you will not (a) engage in any conduct that, in any manner, inhibits or interferes with the ability of any other user to use the Site including, without limitation, by way of your use of any device or software, (b) modify the appearance of the Site, (c) engage in any “hacking” or “spamming” activity through or relating to the Site, (d) communicate with, on or through the Site in any unlawful, harmful, offensive, threatening, abusive, harassing, tortious, libelous, defamatory, obscene, profane, pornographic, sexually explicit, vulgar, bigoted or otherwise objectionable manner, including, without limitation, any manner that encourages activity that would constitute a criminal offense, give rise to civil liability, or violate any law, (e) copy or re-publish any part of the Site or prepare derivative works of or from any part of the Site, or decode, decompile, disassemble or otherwise reverse engineer any part of the Site, (f) use any framing technique to enclose any part of the Site, (g) use any robot, spider, scraper or other automated means to access the Site for any purpose, including, without limitation, performing offline searches or mirroring, or (h) bypass any systems that we use to restrict access to the Site. You will not alter or modify any disabling mechanism in the Site.
Termination of Your Ability to Use the Site
We may disable the Site or terminate your ability to use the Site at any time and for any reason (or no reason) without notice to you.
Collection and Use of Data
We will collect information regarding your use of the Site. Some of that information may personally identify you. When you visit the Site, severs and other equipment may automatically collect information that you enter into the Site or send us through the Site, information about your activity on the Site, and information about how you connected to the Site. If you conduct a transaction through the Site, you will tell us who you are, how to contact you, and where to send things to you. We may use information that personally identifies you to (a) process and complete transactions between you and us, (b) respond to your inquiries, provide you notices, and otherwise communicate with you (c) send you advertisements or promotional materials, (d) personalize your access to and use of the Site, (e) perform analytical analysis of your use of the Site, and (f) diagnose and resolve problems that you have with the Site. Some of these activities will require that we disclose information that personally identifies you to third parties, which we will only do if confidentiality arrangements are in place. We may also use information that personally identifies you to establish or preserve legal claims or defenses, comply with legal obligations, or respond to law enforcement investigations. Other information that we collect regarding your use of the Site will not personally identify you, for example, pages that you view in the Site, search terms that you use in the Site, the dates and times that you visit the Site, the length of your visits to the Site, the name of the domain from which you access the Site, your Internet Protocol (IP) address, and the type of web browser software you use. We may use information that does not personally identify you to analyze the performance of the Site, make changes to the Site, develop new or other products or services, transact Site related business with others, and otherwise as permitted by law. If information that we collect regarding your use of the Site is protected by a law that is applicable to us, we will handle that information in accordance with that law. The Site is not directed to children under the age of 13 and does not request or collect information that allows the determination of a user’s age. If our assets are acquired in a business sale or similar transaction, the information that we have collected regarding your use of the Site may be transferred to the acquirer and may be used by the acquirer in the same way that we are permitted to use it. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR OR RELATING TO THE PRIVACY POLICIES OF ANY OTHER WEBSITE, OR THE MANNER IN WHICH ANY DATA IS COLLECTED OR HANDLED BY ANY OTHER WEBSITE.
Advertisements, Links, and Social Media Plug- Ins
We may place third party advertisements (by persons or entities other than us), links to other websites, or social media plug-ins in the Site. You will not consider those advertisements, links, or plug-ins as endorsements of any kind by us. Your use of any website that is linked to the Site will be subject to the usage agreements and privacy and other policies of that website. You will not link the Site to any other website without our express written consent.
We use security measures to protect the information we obtain through the Site against loss, destruction, manipulation, unauthorized disclosure, and access by unauthorized persons. However, we do not, and cannot, guarantee that information that is entered into or collected by the Site will be secure.
The Site is made available to you on an “as is” and “as available” basis, without any warranty whatsoever, whether express or implied. You have no assurance, and neither we nor any Third Party Provider make any representations or warranties, that the Site will perform its intended functions or operate without error. WE AND ALL THIRD PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, OF ANY TYPE, KIND, NATURE OR DESCRIPTION WHATSOEVER, WHETHER EXPRESS OR IMPLIED AND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH REGARD TO THE SITE.
Limitations of Claims and Liability
Under no circumstance will we or any Third Party Provider be liable to you for, and, to the maximum extent permitted by applicable law, you hereby knowingly and voluntarily release us and all Third Party Providers from, any claim relating to any loss or damage of any kind that you might directly or indirectly suffer in connection with or as a result of (a) any malfunction or error in the operation of the Site, (b) your inability to use the Site, (c) any delay in or interruption of your use of the Site, (d) any loss or corruption of any data that you enter into the Site or transmit through the Site, (e) your reliance upon any information presented in, produced by, or gathered from, the Site, (f) your access or use of any website to which the Site may be linked, (g) the transmission of any virus, worm or other corruptive, contaminating or destructive property or device from the Site to any device that you may use to access or communicate with the Site, or (h) any intentional or unintentional unauthorized use, disclosure or publication of, or access to, any information entered by you or others in the Site, or information collected by the Site, including, without limitation, use, disclosure, publication, or access occurring by reason of malicious or unlawful conduct (for example, “hacking”) or insufficient or defective security mechanisms. You will not directly or indirectly start or participate in any lawsuit or other legal or administrative proceeding or proceeding against us or any Third Party Provider with regard to any claim of a type described in the above paragraph. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY THIRD PARTY PROVIDER BE LIABLE TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS DATA, BUSINESS, OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS), WITH RESPECT TO THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY TRANSACTION THROUGH THE SITE, EVEN IF WE OR A THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Indemnity for Breach of Agreement
You will indemnify, defend and hold harmless us and all Third Party Providers from and against any and all losses, costs, and damages, including reasonable attorney’s fees, incurred or suffered by us or them in connection with, arising from, or in any manner relating to your breach or violation of this Agreement.
Compliance with Laws
You will comply with all laws applicable to you or your use of the Site.
U.S. Government Restricted Rights
If you use the Site on behalf of a U.S. Government agency, this Agreement constitutes the entire agreement between that Government agency and us and is binding on government users in accordance with the policy stated at Federal Acquisition Regulation (FAR) [48 CFR] §§ 12.211 and 12.212 (for non-defense agencies) or Defense FAR Supplement (DFARS) [48 CFR] §§ 227.7201 and 227.7202 (for defense agencies). Use, duplication, or disclosure of the Site or any of its components by the Government is subject to the restrictions set forth in subparagraphs (a) through (c) of the Commercial Computer Software Restricted Rights at Title 48, Chapter 18 of the Code of Federal Regulations, Section 52.227-19.
Arbitration and Governing Law
THE UNITED STATES FEDERAL ARBITRATION ACT WILL APPLY TO ANY DISPUTES BETWEEN US AS PROVIDED IN THIS SECTION. EXCEPT FOR CLAIMS THAT ARE ELIGIBLE TO BE BROUGHT IN CONCILIATION OR SMALL CLAIMS COURT, AND CLAIMS FOR EQUITABLE RELIEF, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR YOUR USE OF THE SITE WILL BE RESOLVED BY A SINGLE NEUTRAL ARBITRATOR UNDER THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION WILL BE CONDUCTED IN MINNEAPOLIS, MINNESOTA, BUT YOU OR WE (OR BOTH) MAY ELECT TO PARTICIPATE IN THE ARBITRATION TELEPHONICALLY OR BY VIDEO CONFERENCE. THE ARBITRATOR WILL HAVE THE POWER TO GRANT ANY REMEDY THAT A COURT COULD PROVIDE. YOUR CAN ONLY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND WE CAN ONLY BRING CLAIMS AGAINST YOU IN OUR INDIVIDUAL CAPACITY. NEITHER YOU NOR WE CAN BRING CLAIMS AGAINST THE OTHER AS PART OF A CLASS ACTION OR REPRESENTATIVE PROCEEDING. BEFORE BEGINNING AN ARBITRATION PROCEEDING, YOU AND WE WILL FIRST PROVIDE THE OTHER WRITTEN NOTICE OF THE DISPUTE. THAT NOTICE WILL DESCRIBE THE NATURE AND BASIS OF THE DISPUTE SO THAT YOU AND WE CAN TRY TO RESOLVE THE DISPUTE WITHOUT ARBITRATION. IF YOU AND WE CANNOT RESOLVE THE DISPUTE WITHIN 30 DAYS FOLLOWING RECEIPT OF THE NOTICE, EITHER OF US CAN BEGIN THE ARBITRATION PROCEEDING. YOU WILL SEND NOTICES TO US AT THE STREET AND EMAIL ADDRESSES THAT ARE SHOWN FOR US ON THE SITE’SCONTACT USPAGE. WE WILL SEND NOTICES TO YOU AT THE STREET AND EMAIL ADDRESSES THAT YOU PROVIDED US IN YOUR MOST RECENT TRANSACTION THROUGH THE SITE. EXCEPT AS PROVIDED ABOVE, THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA, AS APPLIED TO AGREEMENTS ENTERED INTO AND WHOLLY PERFORMED WITHIN MINNESOTA BY MINNESOTA RESIDENTS, WITHOUT REGARD TO THE LAWS OF ANY JURISDICTION THAT CONCERN CONFLICTS OF LAWS. ANY DISPUTE THAT RELATES TO THIS AGREEMENT OR YOUR USE OF THE SITE AND IS NOT SUBJECT TO THE ARBITRATION PROVISIONS ABOVE WILL BE BROUGHT AND RESOLVED EXCLUSIVELY IN STATE OR FEDERAL COURTS LOCATED IN HENNEPIN COUNTY MINNESOTA; AND THOSE COURTS WILL HAVE EXCLUSIVE JURISDICTION OVER ANY APPEAL FROM AN ARBITRATION PROCEEDING. YOU CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS. THIS SECTION DOES NOT PREVENT YOU FROM BRINGING ANY CONCERNS YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT OR REGULATORY AGENCIES.
If, for any reason, any provision of this Agreement is determined to be unenforceable or invalid, that provision (or the part thereof that is unenforceable or invalid) will be deemed severed from this Agreement, and the remaining provisions of this Agreement will be carried out with the same force and effect as if the severed provision (or part) had not been a part of this Agreement.
We may assign or transfer any of our rights under this Agreement without notice to you.
No failure by us to strictly enforce any provision of this Agreement will operate as a waiver of that provision or any violation of that provision.
Section headings have been used in this Agreement for convenience purposes only. They are not a part of the provisions to which they relate and they will not limit the scope of the provisions to which they relate.
END OF WEBSITE USE AGREEMENT