Terms of Service

By accessing and using the Seaformatics website (the “Site”) or the other services we provide, you agree to each of the terms and conditions set forth herein (each a “Term” and collectively, the "Terms of Service").  We reserve the right to amend these Terms of Service at any time and without notice.  These Terms of Service will be accessible on the Site at all times and the User undertakes an obligation to observe and follow these Terms of Service, including any changes that may occur from time to time.  Any changes to these Terms of Service become effective from the date of modification and any subsequent use of the Services constitutes acceptance of the revised Terms of Service.  We reserve the right to block the User’s access at any time for any reason, including but not limited to violations of these Terms of Service.  Please also carefully read our Privacy Policy which is hereby incorporated into these Terms of Service by reference.

Definitions

Seaformatics (variously, “we”, “us” or “our”): refers to Seaformatics Systems Inc.

Services: means the services provided by Seaformatics including, but not limited to, use of the Site.

Site: means the Seaformatics website hosted at https://www.waterlilyturbine.com/.

User (variously, “you” or “your”): an individual who accesses and uses the Services.

User Conduct and Responsibility

Users pledge that they will not participate in any form of action or conduct that may have a disruptive, destructive or negative impact on the Site, Services or Users.  This includes but is not limited to:

  • illegal activity;
  • uploading, posting or sharing of material that is obscene, offensive, or discriminatory;
  • threatening, abusive, obscene or harassing behaviour;
  • invasions of privacy;
  • distribution of software viruses;
  • any interference with the proper operation of the Site;
  • tampering with the software code for the Site;
  • bypassing of any security measures put in place by Seaformatics, including but not limited to password protections.

Intellectual Property

The Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. By using the Services, you agree to respect all copyright and other legal notices, information, and restrictions contained in any of the content that we provide through the Site.  You also agree not to change, translate, or otherwise create derivative works of the Services or any of the content found thereon including, but not limited to, Seaformatics trademarks, logos, and copyrighted material. 

We do not grant you a right or license to reproduce content from the Site for any reason. 

 Indemnification

You agree to indemnify and hold Seaformatics and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise seek to make available through the Site, your use of the Services, your connection to the Site, your violation of these Terms of Service, or your violation of any rights of another person or entity.

Warranty Disclaimer

The User agrees that they use the Services solely at their own risk.  The Services are provided “as is” and “as available” and without warranty of any kind, express or implied.  SEAFORMATICS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SEAFORMATICS SHALL CREATE ANY WARRANTY.

Limitation of Liability

To the fullest extent permitted by law, in no event will Seaformatics, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages: (i) resulting from your access to, reliance on, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct or content of any third party on the Site. In no event shall Seaformatics liability for direct damages be in excess of (in the aggregate) one hundred Canadian dollars ($100).

Third Party Website and Interaction

By accessing third party websites or applications through our Site, you are consenting to the terms of service and privacy policies of those websites.  We do not accept any responsibility or liability for their policies. You should read the terms of service and privacy policies of such websites, and make an informed decision whether or not to use these websites based upon their practices and your discretion.

Dispute Resolution and Governing Law

These Terms of Service (and all other rules, policies, or guidelines incorporated by reference) are governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador and the federal laws of Canada as applicable therein, without giving effect to any common law or statutory principles of conflicts of law.  You expressly agree that any action arising out of or relating to your use of the Services shall be filed in a court in the Province of Newfoundland and Labrador and that you attorn to the jurisdiction of that court.

Contact Us

If you have any questions, concerns or suggestions regarding these Terms of Service, please contact us at:

Attention:    Andrew Cook
Email:         acook@seaformatics.ca 

These Terms of Service last updated on February 28, 2018.