Terms of Use

Agreement between user and Nautical Control Solutions

This Web Site is comprised of various Web pages (collectively, the “NCS Web Site”) operated by Nautical Control Solutions (“NCS”). The NCS Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the NCS Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification of these terms of use

NCS reserves the right to change the terms, conditions, and notices under which the NCS Web Site is offered, including but not limited to the charges associated with the use of the NCS Web Site. You are responsible for regularly reviewing these terms and conditions.

Personal and non-commercial use limitation

Unless otherwise specified, the NCS Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the NCS Web Site.

Links to third party sites

The NCS Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Site is not under the control of NCS and NCS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NCS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NCS of the site or any association with its operators.

No unlawful or prohibited use

As a condition of your use of the NCS Web Site, you warrant to NCS that you will not use the NCS Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NCS Web Site in any manner which could damage, disable, overburden, or impair the NCS Web Site or interfere with any other party’s use and enjoyment of the NCS Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NCS Web Site.

Materials provided to NCS or posted at any NCS Web Site

NCS does not claim ownership of the materials you provide to NCS (including feedback and suggestions) or post, upload, input or submit to any NCS Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting NCS, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.No compensation will be paid with respect to the use of your Submission, as provided herein. NCS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in NCS’s sole discretion.By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Software available on the NCS Web Sites

Software (if any) that is made available to download from the NCS Web Site, excluding software that may be made available by end-users through a Communication Service, (“Software”) is the copyrighted work of NCS and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, NCS hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular NCS Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by NCS and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NCS WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NCS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NCS WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE NCS WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. NCS CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE NCS WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NCS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL NCS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NCS WEB SITES, WITH THE DELAY OR INABILITY TO USE THE NCS WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NCS WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE NCS WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NCS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NCS WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NCS WEB SITES.

Termination/access restriction

NCS reserves the right, in its sole discretion, to terminate your access to any or all NCS Web Sites and the related services or any portion thereof at any time, without notice.

General

This agreement is governed by the laws of the State of Texas, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Harris County, Texas, U.S.A. in all disputes arising out of or relating to the use of the NCS Web Site. Use of the NCS Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NCS as a result of this agreement or use of the NCS Web Site. NCS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NCS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NCS Web Site or information provided to or gathered by NCS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NCS with respect to the NCS Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NCS with respect to the NCS Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright and trademark notices

TRADEMARKS referenced herein are either trademarks or registered trademarks of respective companies. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.