Terms of Use & Privacy Policy

 

SetSail Technologies Inc

TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

Effective date:  June 11, 2018

Welcome to SetSail (the “Site”), owned and operated by SetSail Technologies, Inc. (“SetSail,” “we,” or “us”).  By using this Site, you agree to these terms and conditions of use (the “Terms”); if you do not agree, you may not use the Site.  SetSail may modify the Site and/or these Terms from time to time without notice to you, except that if SetSail makes material changes to these Terms, we will post the revised Terms and the revised effective date on this Site and/or provide notice by some other means.  By using the Site following any modifications to the Terms, you agree to be bound by the modified Terms. The Terms do not govern use of any of SetSail’s services, which are subject to a separate services agreement to be signed between any user of the services and SetSail.

  1. Use of the Site.  You must be at least 13 years old and residing in the United States to use our Site. We do not knowingly collect or solicit personally identifiable information from individuals under 13 or residing outside of the United States. If you are under 13 or reside outside of the United States, please do not attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from an individual under 13 or residing outside of the United States, we will delete that information as quickly as possible. You will comply with all applicable laws, rules and regulations in connection with your use of the Site.  You will not violate or attempt to violate the security of the Site or SetSail’s systems or network security, including, without limitation by (i) accessing data not intended for users of the Site or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Site, host or network. You may not “crawl,” “scrape,” or “spider” any portion of the Site (through use of manual or automated means).

  2. Information Not Confidential.  If you choose to contact any SetSail personnel using the contact information you find on the Site, you understand any information and/or materials you provide to such personnel will not be treated as confidential or proprietary.  SetSail undertakes no obligation to review information submitted by you, or to return such information to you.

  3. SetSail Proprietary Rights.  The Site, including all of its contents (including, text, images, audio, and the HTML used to generate the pages) (“Content”), are the property of SetSail or that of our suppliers or licensors and are protected trademark, copyright, and/or other intellectual property laws.  You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without prior written consent from SetSail. SetSail grants you a limited, personal, non-exclusive, non-transferable license to access the Site, and to use the Content, solely for personal, internal and non-commercial purposes.  SetSail (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein. Without limiting the foregoing, as between you and SetSail, SetSail is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Site (the “Marks”). Nothing on the Site should be construed to grant any license or right to use any SetSail Mark. You may not use or exploit any Marks without prior written consent from SetSail.

  4. Privacy Policy.  The Site may contain a feature that permits you to provide us with your email address or send us an email message.  The contents of any such message will be treated in accordance with Section 2, but we will only use your email address to send you messages regarding SetSail’s business; if you do not want to receive further emails from us, please click the “unsubscribe” link in any such message.  SetSail will also collect information during your visit to the Site through automatic data collection tools, including cookies, such as your IP address and clickstream behavior). SetSail may freely use this information for its business purposes, and may disclose such information, in a form that does not personally identify you, to any other person or entity.  We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize SetSail website content and advertising to deliver a better experience to our users. SetSail may also share any information (personally identifiable or otherwise) it may have collected if SetSail believes it is necessary to (a) comply with law or court order or (b) protect and/or defend SetSail’s rights, safety, or property, or those of any other person or entity.  If we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, personal information collected as described in this Privacy Policy could be one of the assets transferred to or acquired by a third party. The Site is not directed to children and if you are under 13, you may not provide SetSail with any personally identifiable information about you whatsoever. If SetSail discovers it has collected any personally identifiable information regarding a child under 13, without verifiable parental consent in accordance with the Children’s Online Privacy Protection Act, SetSail will immediately delete such information.

  5. Links from and to the Site.  The Site may contain links to third party websites (“Third Party Sites”).  Third Party Sites are not reviewed, controlled or examined by SetSail in any way and SetSail is not responsible for any content contained therein.  These links do not imply SetSail’s endorsement of or association with any Third Party Site. SetSail is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third Party Sites.

  6. Disclaimer of Warranties.  THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE AND ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SetSail (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED.  NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO CONTENT CAN OR SHOULD BE CONSTRUED AS PROFESSIONAL ADVICE OF ANY KIND (INCLUDING BUSINESS, INVESTMENT, ACCOUNTING, TAX, AND/OR LEGAL ADVICE).

  7. Limitation of Liability.  TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL  SetSail, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “SetSail PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY SetSail PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY SetSail PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100.00.

  8. General Information.  These Terms are governed by the laws of the State of California, without regard to the conflicts of laws provisions thereof.  In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco County, California.  The failure of SetSail to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  You may not assign these Terms or transfer any of your rights or obligations hereunder without SetSail’s express written consent. These Terms inure to the benefit of SetSail’s successors, assigns and licensees. These Terms are the entire agreement between you and SetSail with respect to the subject matter herein.