Effective Date: 7/10/2017
Last update: 5/29/2018
BY ACCESSING OR USING SEALEVEL WEBSITES, APPS, OR SERVICES (“SERVICES”), YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS (“AGREEMENT”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE OUR SERVICES.
BY ACCESSING OR USING SEALEVEL SERVICES, YOU REPRESENT AND WARRANT THAT (A) IF YOU ARE ACCESSING THE SERVICES ON BEHALF OF ANY LEGAL ENTITY, YOU ARE EXPRESSLY AUTHORIZED TO BIND SUCH ENTITY (IN WHICH CASE, “YOU” AND “YOUR” SHALL ALSO REFER TO SUCH ENTITY), (B) YOU ARE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDITION IN WHICH YOU LIVE OR RESIDE, AND (C) YOU AGREE TO BE BOUND BY THIS AGREEMENT.
YOU ALSO AGREE TO EXECUTE A WRITTEN COPY OF THIS AGREEMENT UPON OUR REQUEST.
Changes to Terms & Conditions
THIS AGREEMENT MAY BE AMENDED OR CHANGED BY US IN OUR DISCRETION AT ANY TIME.
We indicate at the top of the page when this Agreement was last updated. We will notify you of changes to this Agreement by posting the amended terms on our primary website located at www.sealevel.com (“Website”) at least thirty (30) days before the effective date of the changes. Your continued use of the Services following the effective date of such changes constitutes your acceptance of such changes. Any amendment or change to this Agreement will not apply to any dispute that we had actual notice of prior to the effective date of the amendment or change. Be sure to return to this page periodically to ensure you are familiar with the most current version of this Agreement.
We are committed to protecting the privacy of any personal information (“Personal Data”)
1. Account Registration
Sealevel does not require an account or registration to access or view any free content or Services.
Basic and free registration may be required to participate in specific Services, including but not limited to, placing an order, submitting a review or comment, registering for a warranty, or subscribing to a newsletter. For these basic Services, you will be asked to register and set up an account. You agree to provide valid and accurate information during registration, and you agree not to provide any information that is false or misleading. You also agree to update your registration or notify us if any of your information changes. You and, if you are an entity, each of your authorized users will be asked to create a strong password. You are responsible for maintaining the confidentiality of your password(s), for all activity that occurs under your account and, if you are an entity, all activity of your authorized users. You and your authorized users agree not to share your password(s) with anyone.
If you discover that someone has used your account or created an account for you without your permission, report it to us immediately at email@example.com.
You agree not to impersonate anyone or post content that is offensive or infringes on anyone’s rights. If we determine that your information is inaccurate, fraudulent, or otherwise incorrect, we reserve the right to terminate this Agreement with you, remove your content and/or cancel your account, at our sole discretion.
2. Subscription Fees and Payments
a. Fees and Billing. Sealevel Subscription (“Subscription”) Services are provided for a fee, which is presented at the time you purchase a Subscription to the Service. We may add new features or services to the Subscription for additional fees and charges. Your total price will include the price of the Subscription plus any applicable credit card fees, and any sales, use, goods and services (“GST”), value added tax (“VAT”), or other similar tax, under applicable law and based on the tax rate in effect at the time you purchase the Subscription. We will charge tax when required to do so under the tax rules applicable to the Subscription.
b. Subscription Terms. When you purchase a Subscription to use the Service, the following terms will apply:
- ONGOING MEMBERSHIP AND AUTOMATIC RENEWAL. Your Subscription to use the Service, which may start with a free trial, will automatically renew following the applicable initial subscription period for ongoing additional periods equal to the period of your initial subscription unless and until you cancel your Subscription or we terminate it.You must have internet access and provide Sealevel with a current, valid, accepted method of payment to use the Service. If you do not cancel your Subscription, your payment account will be automatically charged up to seven (7) days prior to the beginning of the next renewal period. If payment is declined for any reason, we will send an email to the email address we have on file at the time of registration alerting you of such payment failure. We may try to renew your Subscription again with the payment information we have on file between the initial decline payment and the date your Subscription expires. We reserve the right to change the timing of our billing, if your payment is not successfully settled.
- FREE TRIALS. Your Subscription may include a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials are for new and certain former customers only. Sealevel reserves the right, in its absolute discretion, to determine your free trial eligibility.If your Subscription begins with a free trial, your Subscription will automatically renew monthly and at the purchased rate unless you cancel prior to the end of the free trial period. We may authorize your credit card through various methods, including authorizing it for up to one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- HOW TO CANCEL YOUR SUBSCRIPTION. To cancel your Subscription to the Service, you may do so by following the administrative features available through the Service. If you cancel your Subscription, you will not receive a refund for any fees charged to your payment account prior to the date of cancellation, unless you chose to cancel your subscription during the period between the time we charge your credit card for a renewal period and the date such renewal period begins, in which case, we will credit your credit card for the renewal Subscription amount charged.
- PRICE CHANGES. We reserve the right to adjust pricing for the Subscription or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to your Subscription will take effect thirty (30) days following email notice to the account used at time of registration and will apply to your next renewal Subscription period following such date. If you do not agree to such price changes, you may terminate your Subscription. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding pricing for the Subscription and other Service-related notices.
3. Availability of Services
We control and operate the Sealevel Services from the United States of America. We do not represent that the Services or related materials are appropriate or available for use in other locations. If you choose to access the Services from other locations, you do so at your sole risk and you are responsible for compliance with all applicable laws, including the local laws of your jurisdiction.
You acknowledge and accept that there may be interruptions in our Services that are beyond our control. The Services, including all materials or products, may be unavailable from time to time, may only be available for a limited time, or may vary depending on your location or device.
While we strive to keep the Services accessible, they may be unavailable from time to time and for any reason. You understand and acknowledge that due to circumstances both within and beyond our control, access to our Services may be interrupted, suspended or terminated. All online services suffer occasional disruptions and outages, and Sealevel is not liable for any disruption or loss you may suffer as a result.
In the event of an outage or interruption, you may not be able to retrieve information or data that you’ve stored. We recommend that you regularly back up information and data using tools provided by the Service or third-party services. Interruptions in the Services shall not serve as a basis to terminate your account, cancel a Subscription, or demand full or partial refund of any fees owed to us.
Subject to the terms and conditions of this agreement, including the payment of any applicable Subscription fees, Sealevel grants you a limited, non-exclusive, non-transferrable, non-assignable, and revocable license to access our Services.
Subject to the terms and conditions of this agreement, you agree to grant Sealevel a non-exclusive, transferable, assignable, royalty-free license to use, display and store your content and data as necessary to provide the Services to you. This license includes the right to sublicense your content and data to carefully screened service providers for using, displaying and storing data as it relates to providing the Services to you.
5. Disclaimer of Warranty
6. Limitation of Liability
IN NO EVENT WILL WE OR OUR LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF DATA, ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE WEBSITES, APPS, OR SERVICES, EVEN IF WE OR OUR LICENSORS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES. UNDER NO CIRCUMSTANCES SHALL SEALEVEL OR ITS LICENSORS OR SERVICE PROVIDERS BE LIABILE FOR ANY CLAIM FOR DIRECT OR OTHER DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU FOR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD PRECEDING THE CLAIM, OR IF NO FEES WERE PAID BY YOU DURING SUCH PERIOD, THE SUM OF $50. THE FOREGOING LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Sealevel has adopted and implemented a copyright policy in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws. You can read more about DMCA at: https://www.copyright.gov/legislation/dmca.pdf
The Sealevel Services, and all related content, information, software and systems provided or made available through the Services are protected by law, including, but not limited to, United States intellectual property and copyright laws, as well as international treaties. We and our licensors and service providers retain exclusive ownership of the Services, and all related content, information, software and systems provided or made available through the Services. You retain ownership and Sealevel makes no copyright claim to your personal information and data stored on our Services. The copyright in the material, content and information provided through the Services is owned by Sealevel or its licensors. All intellectual property, copyrights, trademarks and service marks are the property of their respective owners.
In the event that you have a dispute with one or more other users of the Sealevel Services, you hereby release us, our affiliates, contractors and their parent, subsidiary and affiliated entities, and ours and their shareholders, directors, officers, employees, representatives, agents, successors and assigns from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to these disputes. If you are a California resident, you waive California Civil Code Section 1542, which says in part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
10. Termination and Suspension
We reserve the right without liability to terminate or restrict this Agreement or your Account, or your access to or use of the Services if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We also reserve the right to terminate the Services for any reason or no reason upon forty-five (45) days prior notice to you. We may also suspend the Services, or any portion of the Services, if we believe such suspension may be necessary or prudent to comply with applicable law or to protect the Services, any Data, or any related networks or systems. We will use commercially reasonable efforts to give you prior notice of any such suspension to the extent practical and if permitted by law. You agree that we shall not be liable to you or any third-party for any interference with or termination of your access to the Services or your Account. All decisions regarding the termination of this Agreement or your Account or suspension of the Services shall be made by us in our discretion. We are not required, and may be prohibited, from disclosing to you the reason for termination of this Agreement or your Account or suspension of the Services. Upon termination of this Agreement for any reason, those provisions which, by their nature survive termination shall survive termination in accordance with their respective terms.
By providing us your email address you consent to our using your email address to send you Service-related notices, in lieu of communication by postal mail or other methods. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive these email messages, you may opt-out by using the unsubscribe option in the applicable email. Opting out may prevent you from receiving email messages regarding updates, improvements or offers with respect to the Services.
Except as explicitly stated otherwise, legal and other notices (including but not limited to notices of legal proceedings) shall be delivered to us by U.S. mail at Sealevel Systems, Inc., PO Box 830, Liberty, SC 29657, Attention: Privacy Officer, or to you at the email address you provided us (a) at the time you registered; (b) through a subsequent notice of an address change; or (c) through a posting through the Services. Physical notices shall be effective when received. Email notices shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In addition, we may provide notice by certified mail, postage prepaid and return receipt requested. In these situations, notice shall be deemed given when received.
12. Force Majeure
Neither we nor our licensors or service providers shall be responsible or liable for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or any other cause beyond our reasonable control.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, conflict of laws principles excluded, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Greenville, South Carolina. You consent to the exclusive jurisdiction of the federal or state courts located in Greenville, South Carolina with respect to any claim arising out of this Agreement.
14. No Waiver
No delay or failure by us to enforce or take any action under this Agreement will be a waiver by us of that provision or any other provision of this Agreement.
If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
16. Assignment; Binding Effect
This Agreement is personal to you and may not be transferred, assigned or delegated by you to any other person or entity. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with Sealevel Services, you agree to resolve any disputes or damage claims by binding arbitration. The arbitration proceeding shall be conducted in Greenville, SC, in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and Sealevel. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the state of South Carolina shall apply to the arbitration proceedings. You agree that the arbitrator cannot award punitive damages to either party and you agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, which shall include, but is not be limited to, the courts within Greenville County, South Carolina.
18. Entire Agreement
This Agreement sets forth the complete and exclusive agreement between us and you with respect to the subject matter of this Agreement.
19. Third-Party Beneficiaries
Except for our licensors and service providers, who shall be third party beneficiaries of this Agreement, this Agreement is between us and you and there are no other third-party beneficiaries of this Agreement.
Sealevel Systems, Inc.
PO BOX 830
Liberty, South Carolina 29657
Attention: Privacy Officer