Terms of Use
Set forth below are terms and conditions governing your use of the www.seachaid.com website (the “Site”), which is owned and operated by Seachaid Pharmaceuticals, Inc. (“Seachaid” or “we”). By using the Site, you accept and agree to be bound by all of the terms and conditions set forth below (collectively, these “Terms of Use”).
1. Eligibility. By using the Site, you represent and warrant that: (i) you are at least 18 years of age when using the Site; (ii) all information furnished by you when submitting an inquiry to us on the Site is your own information and is truthful and accurate; and (iii) your use of the Site does not violate any applicable law or regulation. The Site is NOT designed or intended for use by anyone under the age of 18. Persons under the age of 18 should refrain from submitting any inquiry to us on the Site.
2. Proprietary Right. The Site and all information, data, text, publications, newsletters, brochures, messages, blogs, photos, images, graphics, designs, logos, artwork, videos, audios, software, tools, and other content and material provided on the Site (collectively “Site Content”), except as expressly otherwise indicated, belong solely to Seachaid and/or its affiliates or licensors, and are protected by U.S. and international copyright, trademark, patent and other laws. All rights not expressly granted herein are reserved by Seachaid. Seachaid reserves the right to modify, add and/or remove any Site Content at any time and in its sole discretion. Seachaid assumes no responsibility to make any corrections or updates to any Site Content.
The “Seachaid” name and logo, all Seachaid product names and brands, and all other marks, logos, designs, slogans, and other source identifications of Seachaid displayed on the Site or in any Site Content (collectively “Seachaid Trademarks”) are trademarks and service marks of Seachaid and/or its affiliates. All other names, marks and logos are trademarks and/or service marks of their respective owners.
3. Limited License to You. Subject to all other terms and conditions set forth herein, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license to access and use the Site and Site Content solely for your own internal evaluation purposes and for engaging in transactions with Seachaid. Any breach of these Terms of Use by you will result in immediate revocation of the foregoing license without notice.
4. Prohibited Conduct. Except as expressly authorized by Seachaid, you may NOT copy, reproduce, download, republish, redistribute, create derivative works from, modify, edit, reverse-engineer, disassemble, decompile, or otherwise use or exploit the Site or any Site Content. In any event, you may NOT make any illegal, abusive, harmful or improper use of the Site or any Site Content, or do anything that interferes with other users’ access and use of the Site or any Site Content.
Without limitation to the generality of the foregoing, you are STRICTLY PROHIBITED from: (i) hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with the Site or our system, network or server; (ii) making unauthorized access (including access that exceeds the scope of authorization) to the Site or our system, network or server; (iii) crawling, scraping, or otherwise collecting or taking any Site Content, including through the use of bots, web crawlers, or similar automated programs or processes; (iv) engaging in spam or transmission or distribution of unsolicited commercial messages in violation of applicable laws or regulations; and (v) framing or deep-linking or in-linking to the Site or any Site Content.
Except for the limited purpose of making truthful and non-misleading references and attributions to Seachaid or its products or the Site, you may NOT make use of any Seachaid Trademarks, or any variations thereof, for any purpose or in any manner, without Seachaid’s express prior written consent. In any event, you may NOT use any Seachaid Trademarks in connection with any website, webpage, product or service in any way that is likely to cause confusion or deception, or in any manner that disparages or discredits Seachaid or the Site. In addition, you may NOT use any Seachaid Trademarks in meta tags or as ad keywords without Seachaid’s express prior written consent.
5. Disclaimers. THE SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SEACHAID SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE AND ANY AND ALL SITE CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SEACHAID DOES NOT WARRANT THAT THE SITE OR ANY SITE CONTENT WILL BE ERROR-FREE, ACCURATE, CURRENT, COMPLETE, USEFUL OR RELIABLE, OR WILL BE SAFE, SECURE OR FREE AND CLEAR OF VIRUS, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
6. Limitation of Liability. BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SEACHAID BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES WITH RESPECT TO ANY INJURY, ILLNESS OR DEATH OR ANY ECONOMIC LOSS) ARISING FROM OR RELATED TO THE SITE OR ANY SITE CONTENT, OR YOUR USE OR MISUSE OF THE SITE OR ANY SITE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Indemnity. You agree to defend, indemnify and hold Seachaid and its affiliates and their respective officers, directors, employees, agents, representatives, licensors, licensees, suppliers and distributors harmless from any and all claims, demands, actions, suits, judgments, awards, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, expert witness fees, and costs of litigation) arising from or based on your use or misuse of the Site or any Site Content, your violation of these Terms of Use or any applicable law, or your violation of any right of any person or entity.
8. Links to Third-Party Sites. The Site may contain links to websites of third parties that are not affiliated with Seachaid. Seachaid does not operate, control, endorse or sponsor such third-party sites, and are not responsible or liable for their content, products, services, views, opinions, policies or activities. A link or reference to any such third-party site does not constitute or imply Seachaid’s endorsement, sponsorship or approval of, or its affiliation or association with, such third-party site or any content, product, service, view, opinion, policy or activity offered thereon.
9. Privacy Policy. Your use of the Site is also governed by our Privacy Policy which is incorporated herein by this reference.
10. Miscellaneous. By using the Site, you expressly acknowledge and agree that: (i) the Site shall be deemed solely based in the State of North Carolina; and (ii) these Terms of Use (including our Privacy Policy) shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its conflict of laws rules. These Terms of Use and our Privacy Policy together constitute the entire agreement between you and Seachaid concerning your use of the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, all of which shall remain in full force and effect.
11. Effective Date. These Terms of Use become effective as of 4 January 2012.
