Terms of Use

Reproduction of any material contained in this Web site (the “Site”) is strictly prohibited and the use of such material is subject to the following Website Terms of Use. The Privacy Policy and any other policies referenced herein are incorporated into these Website Terms of Use by this reference. YOU AGREE TO READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE EACH USE OF THIS SITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THIS SITE.

Conditions of Use

You will not use this Site in any way that is contrary to these Website Terms of Use, or that is unlawful or harms Onboard Informatics, or its affiliates, sub-licensees, resellers, distributors, service providers, advertisers and/or suppliers or any customer thereof, other users of this Site, this Site, or the network to which it is connected, as determined in our sole discretion. Without limiting the foregoing, you agree that you will access and use this Site for your personal use only.

Intellectual Property

Materials published by Onboard Informatics, its affiliates, vendors, licensees, and their affiliates (collectively the “Company,” “we” or “us”) on the Site may contain proprietary notices or describe products or services owned by the Company and/or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of the Company, its affiliates and/or any third party. Neither the Company nor its affiliates will be responsible for any third party material.

The information contained on the Site is proprietary to the Company and its providers and is protected under federal and state intellectual property laws and international treaty provisions. You may not provide this Site to third parties by way of sale, lease, sublicense, file transfer or through a networked or time-sharing environment.

To report a copyright violation, you may send a notice of the alleged violation that complies with the terms and conditions of the Digital Millennium Copyright Act (“DMCA”) to: DMCA Notices Attention: President, Onboard Informatics – 90 Broad Street, Suite 2001, New York, NY 10004. For more information about the DMCA please visit http://copyright.gov. If we learn of a violation we may, in our sole discretion, take any of the following actions: (i) issue a warning; (ii) suspend or terminate any service on the Site; (iii) impose additional fees or charges; (iv) remove the offending content; and (v) take any other action we deem reasonable and allowed by law. We reserve the right to cooperate with any third-party investigations of alleged illegal or improper activity related to the Site. We specifically reserve the right to revise or reject any content at any time for any reason and may monitor any communications using network facilities. This includes efforts to prevent the introduction of viruses or other hostile code or ensure compliance with laws and our guidelines, procedures and technical requirements or otherwise.

Trademarks and License

The Onboard Informatics names and logos and all related products and service names, design marks, and slogans are the trademarks, service marks or registered trademarks of the Company. All other trademarks or service marks contained herein are the trademarks of their respective owners. Nothing contained herein shall be construed as granting to the user of this Site any consent, waiver or license under any copyright, trademark, patent or other intellectual property or other legal right of the Company or any third party.

Consent to Monitoring and Disclosure

We are under no obligation and do not assume any obligation to monitor the information residing on or transmitted to the Site. However, you agree that we may monitor the Site to operate the Site in order to protect the users of the Site and comply with all laws, regulations or requests from governmental authorities. We reserve the right to modify or delete any information contained on the Site.

All information provided by you to the Company in connection with the Site (and not otherwise covered as confidential under the Company’s Privacy Policy) shall be deemed not to be confidential and we will not protect any such information provided by you from disclosure. We shall be free to use, disclose and distribute such information to third parties without any limitation.

Disclaimer of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION PROVIDED BY THE COMPANY OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. THE COMPANY DOES NOT WARRANT THAT THE INFORMATION ON THIS SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THIS SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF SUCH MATERIAL OR DATA.
WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION DISCLOSED ON THIS SITE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SITE OR THE INTERNET GENERALLY.

No Endorsement

References on the Site to any products, services or web site links of any third parties shall not constitute or imply an endorsement of such products, services or Web sites by the Company. The Company makes no representations and is not responsible for the quality, legality, decency, or any other aspect of the products, services or Web sites provided by third parties that may be referred to on the Site.

Access To The Site

We reserve the right, in our sole and absolute discretion, to terminate, suspend or restrict your access to this Site, unilaterally and without notice, in the event you violate any of the Website Terms of Use. In addition, if asked to do so, you agree that you will not attempt to access this Site. We also reserve any and all remedies at law or equity in connection with any violation of the Website Terms of Use. You agree, at your own expense, to indemnify, defend and hold the Company (and its subsidiaries, affiliates, officers, directors, agents, employees and third parties providing content) harmless from and against any claim or demand and all losses incurred related to the use of the Site.

Security

You agree that you will comply with any security processes and procedures (such as passwords) specified by the Company with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through this Site that are not intended for general public access, unless you have been provided with express written authorization by the Company. You agree that you will not disrupt the functioning of this Site or otherwise act in a way that interferes with other users’ use of the Site.

Anti-Spam Policy

Users of this Site shall not use this Site to transmit unsolicited e-mail messages, including without limitation, unsolicited bulk e-mail, where such e-mails could reasonably be expected to provoke complaints (“spam”). Further, you are prohibited from obtaining the service of another provider to send spam to promote a site hosted on this Site.

More Information

For further information relating to the issues contained in these Terms and Conditions or questions or problems regarding the Site, please use the Contact Us feature on the Site, or write us at: 90 Broad Street, Suite 2001, New York, NY 10004.

Passwords

In order to access certain Sites and services, you may be required to enter a user name and password on the Site. You shall not permit any other person or entity to use your user name or password and will ensure that you log off from your account at the end of each session on the Site. You agree not to disclose your user name or password to any other person or entity and shall hold your user name and password in confidence. In the event you determine that another party has gained access to your password or user name, or that another party has accessed the Site or service using your user name or password, you shall immediately notify us of such access. In such event, we will delete your old user name and password and, in our sole discretion, issue a new user name and password to you, or terminate your registration.

Dispute Resolution

The Site is a service provided, controlled and operated by Company, which has its principal place of business in the State of New York, United States of America. We make no representation that the Site is available or appropriate for users in all jurisdictions. You acknowledge that users access the Site on their own initiative and are responsible for compliance with applicable laws, regulations and treaty provisions. These terms and conditions and your agreement to be bound by them shall, to the maximum lawful extent, be governed by and construed in accordance with the laws of New York without reference to principles of conflicts of laws. YOU AND WE AGREE THAT THE STATE AND FEDERAL COURTS LOCATED IN THE SOUTHERN DISTRICT OF NEW YORK SHALL BE THE EXCLUSIVE FORUM FOR THE RESOLUTION OF ALL DISPUTES BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITE. YOU AND WE HEREBY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY. If the forgoing exclusive forum provision is unenforceable or inapplicable to a dispute between you and us, you and we agree that such dispute shall be resolved and finally settled by mutually binding arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association by one arbitrator appointed in accordance with said rules. To the extent permitted by said rules, the location of the arbitration shall be in New York, New York. The arbitrator shall apply New York law without reference to conflict of laws principles.

Changes

We may amend these terms and conditions from time to time without prior notice. If we make material changes to these terms and conditions we will announce that we have made changes on the Website. Your continued use of the Website after such announcement will constitute your acceptance of the new terms and conditions.