These Terms of Use ("Terms") govern YOUR RIGHTS and obligations regarding the use of Elliot's Software ("Software") and service (both collectively referred to as the "Service") on the Internet or in cellular media. These Terms constitute a fully binding agreement between Elliot Ltd. (including its affiliates and subsidiaries, "Elliot" or "We") the proprietor of all rights in and to the Service, and YOU. It is therefore recommended that you carefully read these Terms.

By using the Elliot Service, you signify your assent to these Terms;

Elliot's privacy policy  ("Privacy Policy"); and

Elliot's copyright policy  ("Copyright Policy")

all of which are an integral part of these Terms.

If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.

Navigational Use

THE PRODUCTS AND SOFTWARE ARE NOT INTENDED FOR NAVIGATIONAL USE, SHOULD NOT BE RELIED UPON FOR SUCH PURPOSE, AND MUST NEVER BE USED AS THE SOLE SOURCE OF NAVIGATION. ALWAYS NAVIGATE BY REFERENCE TO A CURRENT NAVIGATIONAL CHART OR MAP. IN NO EVENT SHALL THE SERVICE, ITS PROVIDERS, OR USERS OF THE SITES HAVE ANY LIABILITY ARISING OUT OF ANY NAVIGATIONAL USE OF ANY OF THE PRODUCTS, SOFTWARE, AND INFORMATION PROVIDED. YOU ACCEPT FULL RESPONSIBILITY FOR THE USE OF ANY INFORMATION OR GUIDANCE YOU OBTAIN ON THE SITES OR ANY OTHER PRODUCT OR SERVICE THAT PROVIDES INFORMATION FROM THE SITES.

WHAT IS THE SERVICE

The Service allows boaters to create and update courses to navigate to their desired destination

THE LICENSE

Elliot Service.  Elliot hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.

USING THE SERVICE

You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.

When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. The Software may not be used in any way that is not expressly permitted by these Terms.

USE RESTRICTIONS

There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Elliot's sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person :

(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them;

(ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content;

(iii) create a browser or border environment around the Content (e.g. no frames or inline linking);

(iv) interfere with or violate any third party or other user's right to privacy, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval applications.

(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.

(vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

(vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

(viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site;

(ix) frame or mirror any part of the Service and/or Site without ElliotŐs prior express written authorization;

(x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site;

(xi) forward any data generated from the Service and/or Site without the prior written consent of Elliot;

(xii) transfer or assign your Service accounts' password, even temporarily, to a third party;

(xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose;

(xiv) use the Site, the Service, or the Content for non-personal or commercial purposes without ElliotŐs express prior written consent; or

 (xv) infringe or violate any of these Terms.

 TERMINATION OF USE OF THE SERVICE

You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Elliot of such termination. However, if you would also like for Elliot to delete your Elliot account and your personal information contained in the account, please contact legal@goelliot.com.  Elliot retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Elliot deems appropriate, at its sole and absolute discretion.

FORBIDDEN POSTS

It is forbidden to submit Content of a commercial nature (including advertising), unless such posts pertain to Elliot, the Service, or Elliot's products, and such Content strictly complies with these Terms.

When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:

●       is diminishing or infringing proprietary rights of others, including but not limited to copyright and trade marks;

●        poses a risk to a person's safety, security or health;

●   identifies other persons without obtaining such personŐs express written consent to the disclosure of their personal information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;

●         is unlawful, defamatory, libelous or invades the privacy of others;

●         is harassing, offensive, threatening or vulgar;

●        is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;

●         encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;

●        promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms;

●         falsely expresses or implies that such content is sponsored or endorsed by Elliot.

The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content.

Elliot may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms. The provisions of this clause are made in addition to any rights afforded to Elliot by any law.

EXAMINATION OF CONTENT

Elliot retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. Content submitted by users for publication does not reflect the views of Elliot. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.

COPYRIGHT

All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Elliot or its affiliates or are exclusively licensed to Elliot. "Elliot", the Elliot logo, and other trade and/or service marks are the property of Elliot or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Elliot.Elliot may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means.

APPLE

If you use the Service on an Apple device, then you agree and acknowledge that:

Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;

You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;

Apple and AppleŐs subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

 

LIMITATION OF LIABILITY AND WARRANTY

ELLIOT PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.

THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE WATER. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE WATER (BUOYS, LIGHTS, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.

Elliot exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Elliot's computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Elliot or any of its providers.

ELLIOT, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE

The Service may include commercial information or advertisements (for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc. (ŇAdsÓ). The Ads may pop up or be displayed on the Service maps from time to time. Elliot may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, Elliot cannot and does not guarantee the reliability or accuracy of third party Ads. Elliot does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, Elliot will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.

 It is underscored that the advertising of commercial content by Elliot does not constitute a recommendation or encouragement to procure the goods or services advertised.

YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A MARINE VESSEL. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREGOING PROVISION, THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.

BREACH AND INDEMNITY

Without derogating from any applicable law, you agree to indemnify and hold harmless Elliot and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Elliot, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.

PRIVACY

Elliot respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software is readily accessible at  http://www.goelliot.com/legal and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

MODIFICATIONS TO THE SERVICE AND SOFTWARE

Elliot may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service's features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Elliot for applying such changes or for failures incidental to such changes.

TERMINATION OF SERVICE

Elliot may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.

MODIFICATIONS OF THESE TERMS

Elliot may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service's home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.

GOVERNING LAW AND JURISDICTION

These Terms, the Software and the Service will be governed solely by the laws of the United States.

LIMITATIONS

Should you desire to file any cause of action against Elliot, arising out of or related to the Elliot Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.

ASSIGNMENT OF RIGHTS

You may not assign or transfer your rights in and to the Service, without the prior written consent of Elliot. Elliot may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Elliot's obligations to you under these Terms.

 COMPLETE TERMS

These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy and the Copyright Policy, shall all constitute the entire and complete agreement between you and Elliot concerning the Elliot Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.

 NO LEGAL RELATIONSHIP

These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Elliot Service, its contents, maps and any other data.

MISCELLANEOUS

These Terms constitute the entire agreement between you and Elliot US, Inc. concerning the Services and are governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. In the event of a conflict between a translated version of these terms and the English language version, the English language version shall control.

  CONTACT US

You may contact us concerning any question about the Service, through the channels listed on the "About" menu in the Software or through the "Support" page on the Site. We will make our best efforts to address your inquiry promptly.