TERMS OF SERVICE
Last updated on: 3/23/2020
Please Note: While Battleship gathers User information, it makes no effort or attempt to verify or ensure such User information is correct, accurate, complete, and not misleading. While Battleship refers to some Users as “Experts”, this term is not meant to convey the quality of a User’s qualifications or credentials.
AGREEMENT TO TERMS
Welcome to Battleship! Battleship is a website and service created and maintained by ScopeDive, Inc. To make these Terms of Service (the “Terms”) easier to read, we will sometimes refer to Battleship (including our directors, officers, members, managers, employees, service providers, affiliates, successors, and assigns) as “our”, “we”, or “us”, and we will refer to user(s) of the Service (including you) as “you” or “User(s)”.
These Terms apply when you access or use the Battleship website located at www.battleshipsecurity.com (the “Site”, a component of the Service), or in any way use or access any other components or features of the Service, if any and when available.
Certain portions of these Terms apply differently depending on how you use the Service. Throughout these Terms, we will clarify those portions that apply to Users who are using the Service as an individual or agency that provides cyber security services (each an “Expert” and the services they provide, “Expert Services”) and those portions that apply to Users who are using the Service to acquire Expert Services (the “Clients”).
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms areposted.
ABOUT THE SERVICE
The “Service” Battleship provides includes the Site, which includes web-based platform that connects Clients with Experts Clients may utilize the web-based platform to express cybersecurity needs, which Battleship uses to identify appropriate Experts. Battleship presents the Client with suggested Experts, who the Client may then choose to select for its need. Each time a Client expresses a need for Expert Services is considered individually to be (a “Project”). The Service also includes all tools, features, and services provided and/or made available through the Site, as well all Battleship Content (as defined below) provided and/or made available through the Site.
In order to sign up and use the Service, whether as a Client or as an Expert, you will create a personalized account (“Account”), which includes a unique username and a password. You agree to notify us immediately of any unauthorized use of your password and/or Account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or Account.
AGREEMENTS AND TRANSACTIONS BETWEEN CLIENTS AND EXPERTS
The Service allows Clients and Experts to interact in various ways, which may or may not result in the formation of an agreement between an Expert and a Client, whereby the Expert, by providing Expert Services, will complete a Project for the Client. Battleship is not an affiliate or representative of, and does not act on behalf of, any Client or Expert in any capacity. All Users expressly acknowledge and understand that Battleship is not a party to any agreement, contract, or transaction entered into or by and between Users, including, for example, a service agreement between a Client and an Expert. Battleship merely provides the web-based platform that facilitates interaction between Clients who have cybersecurity needs and Experts who may be qualified to satisfy such cybersecurity needs. The Client and Expert are solely responsible for negotiations, agreements, the terms of agreements, the final work product, and all relative matters. In the event that Battleship provides any guarantees with respect to any transaction between Users, Battleship’s obligations with respect to such Users and obligations will be expressly limited to the guarantees, and in the absence of such guarantee, Battleship will not be responsible for any transactions or disputes between Users.
Clients and Experts acknowledge that Battleship does not exert control over relationships between the Clients and Experts. The Service connects the two types of Users, who are then responsible for determining whether to enter into an agreement, contract, transaction, or arrangement of any kind. Experts are independent contractors who are free to enter into agreements with Clients, and to determine the terms under which they are willing to provide Expert Services. Experts may negotiate all terms directly with Clients, and Battleship provides no resources prior to, during, or after the completion of a Project. If an Expert uses employees or subcontractors, Experts acknowledge that Battleship is not a party to any agreements with employees or subcontractors of Experts, nor is Battleship a party to any agreement between an Expert and a Client in which an employee or subcontractor of an Expert performs Expert Services.
ELIGIBILITY & USER REPRESENTATIONS
The Service is intended for users who are at least 18 years old. You must be at least 18 years old to register for an Account and to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements in these Terms. IF YOU DO NOT MEET ALL OF THE ELIGIBILITY REQUIREMENTS IN THESE TERMS, YOU SHALL NOT ACCESS OR USE THE SERVICE.
By using the Service, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) if you use the Service on behalf of a company or other legal entity, you have the authority to act on behalf of such entity and its affiliates; (4) you will not access the Service through automated or nonhuman means, whether through a bot, script, or otherwise; (5) you will not use the Service for any illegal or unauthorized purpose; and (6) your use of the Service will not violate any applicable law or regulation.
The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation that would subject us to any registration requirement within such jurisdiction or country. Accordingly, any User who chooses to access the Service from other locations does so on their own initiative and is solely responsible for compliance with local laws, if and to the extent local laws are applicable.
USERS MUST COMPLY WITH APPLICABLE LAWS IN CONNECTION WITH USING THE SERVICE
You are solely responsible to ensure that all content you create, upload, modify, or otherwise use in connection with the Service is accurate, authorized for use in connection with the Service, is not used in violation of any intellectual property rights or other of others, and complies with all applicable laws and regulations. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all content that you upload or otherwise use in connection with the Service, or you have all rights, licenses, consents and releases that are necessary for use in connection with the Service as contemplated under these Terms and (ii) neither the content posted or otherwise used by you in connection with the Service, nor Battleship’s use of the content (or any portion thereof) will infringe, misappropriate or violate a third-party’s rights of any kind, or result in the violation of any applicable law or regulation. You acknowledge and agree that Battleship shall not be responsible to you or any third-party for any claims, liabilities, or damages arising from the actual or alleged infringement or violation of intellectual property rights, laws, or regulations by any User in connection with the Service.
Battleship will not tolerate use of the Service by any User to send messages or place phone calls that constitute Spam (as defined below) to any other User, individual, or other entity. Notwithstanding anything else in these Terms, all Users agree to not send Spam in connection with using the Service or in connection with any information or data obtained through the Service. Any User who sends Spam may be suspended and terminated, and Battleship may participate in the prosecution of those who send Spam. For the avoidance of doubt, we consider “Spam” to mean any text message or phone call that (i) is for the principal purpose of promoting the sale of goods or services, including the content of a website which is operated on a commercial basis, or (ii) is for the principal purpose of promoting a political purpose or objective, or (iii) contains advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or any other item (tangible or intangible) of a commercial purpose. Spam does not include a text message or phone call that is sent to an individual or entity with whom the User has a pre-existing relationship; who has consented to receive phone calls and/or text messages in connection with business transactions related to such pre-existing relationship; and which are sent only in relation to and to the extent necessary or consented to by such individual or entity in connection to facilitate such business transactions.
CALCULATION AND PAYMENT OF FEES
Clients will be required to pay a fee for the use of the Service (“Client Fees”). The Client Fees may, for example, be structured as monthly, quarterly, or annual fees. Battleship provides these examples for reference only, and retains full discretion to reduce or expand the possible structures for Client Fees. Clients will be able to view all options and choose the option that best suits their need prior to any payment to Battleship. If we change the structure or amount of Client Fees to be charged for the Service, we will make reasonable efforts to provide notice to existing Clients of any changes. You agree to pay all applicable Client Fees set forth on the pricing page linked above, and as otherwise set forth by these Terms. You acknowledge and agree that if you fail to pay the Client Fees when due, your Client Account may be suspended, and you may be denied access to the Service. Client memberships will automatically renew immediately prior to expiration, unless the Client Account settings are changed to prevent automatic renewal, such as by selecting a temporary hold or termination. It is understood that Account changes of this nature may incur additional fees or charges.
Experts will be required to pay fees to Battleship on a Project basis, unless otherwise noted, for use of the Service “Expert Fees”). The Expert Fees will be set by Battleship, in its sole and complete discretion, and shall be as set forth on our pricing page located at our prices page, which may be amended from time to time. If we change the structure or amount of Expert Fees to be charged for the Service, we will make reasonable efforts to provide notice to existing Experts of any changes. You agree that Battleship may withdraw all applicable Expert Fees set forth on the pricing page linked above, from the amount due from the Client to the Expert, and as otherwise set forth by these Terms. You acknowledge and agree that if you fail to pay the Expert Fees when due, your Expert Account may be suspended, and you may be denied access to the Service.
Clients and Experts are free to negotiate fee structures for Projects and Expert Services. Battleship is not a party to any agreement, contract, transaction, or arrangement between Users, and Battleship does not dictate the price charged for Expert Services, nor does Battleship dictate the terms of agreements between Experts and Clients. However, Expert Fees are derived from the agreed upon price for the Expert Services. For this reason, prior to the delivery of any Expert Services, the Client and the Expert are under an obligation to disclose any agreed upon amounts, including but not limited to hourly fees, flat-fee arrangements, and total estimates to Battleship. Battleship, may, at its sole discretion, request information regarding the terms of any agreement, contract, transaction, or arrangement, and may require an up-front payment from the Client of a designated amount not to exceed 50% of an agreed upon Project fee or the estimated Project fee.
Each User must affirmatively select a membership option on our pricing page and must purchase the membership option by entering your desired payment method information as prompted (“Payment Account”). In the event that a User has no immediate payment requirement, such as the creation of an Expert Account, the User must still provide Payment Account Information.
All Users hereby authorize:
- Battleship and/or any other company who bills products or services, or acts as billing agent for Battleship (“Billing Agent”) to charge and/or place a hold on your Payment Account for any unpaid charges related to your use of the Site;
- the party that issued your Payment Account to pay any amounts described herein without requiring a signed receipt, and you agree that your acceptance of these Terms is authorization to the issuer to pay all such amounts.
- Battleship and/or its Billing Agent to continue to attempt to charge your Payment Account all amounts described herein, or any portion thereof, until such amounts are paid in full.
- Battleship and/or its Billing Agent to bill you on each renewal of your Client membership.
If the Payment Account on file is declined or otherwise rejected for any fee or membership charge, the User shall have 7 days to provide updated information and payment. Failure to rectify within the 7-day grace period may, at the discretion of Battleship, result in termination of your Account without a refund for any remaining time on a membership. If a User wishes to reactivate their Account after deactivation from failure to pay a late fee, they will be required to satisfy all debts owed to Battleship and Clients, and will be required purchase a new Client Account at the then current rate.
PAYMENT PROCESSING PRACTICES
You understand and agree that you are solely responsible for payment of Client Fees associated with your Account if you are a Client. Similarly, and you are solely responsible for payment of Expert Fees associated with your Account if you are an Expert. Similarly, you understand and agree that you are solely responsible for the accuracy of any and all information and data that you provide to us through the Service, including information that is pertinent to the computation of Expert Fees.
We use third-party intermediaries to manage credit card processing. The payment processing intermediaries may store, retain, or use credit card and other billing information to process orders in connection with the Service. Battleship will make reasonable efforts to maintain the confidentiality of all credit card any payment information that is submitted by you and/or processed through the Service. However, we cannot control the actions of all Clients, Experts, and/or third-party intermediaries, and we cannot guard against or prevent all possible breaches of our systems by third parties who may attempt to gain access to the Service through unauthorized and/or illegal methods. Battleship shall not be liable to any User or any third party for any loss, damage, misuse, or unauthorized access of any information contained in or related to any User’s Account , including credit card information and personal information of any Clients or Experts, even if Battleship has been advised of the possibility of such liability.
Users acknowledge and agree that a substantial portion of the compensation Battleship receives is collected through Expert Fees (as defined in “CALCULATION AND PAYMENT OF FEES” section above). For this reason, Clients and Users are subject to the “Non-Circumvention Period”, which shall be the later of (a) 24 months from the date that Battleship connected the Expert and the Client, and (b) 12 months from the completion date of the most recently completed Project. During the Non-Circumvention Period, the Client and the Expert may not engage each other professionally outside of the Site. In the event that an Expert and a Client had a preexisting relationship prior to their use of the Site, as evidenced by supporting documentation, the Users may engage each other outside of the Site during the Non-Circumvention Period.
Users agree to notify Battleship immediately if another User, either Client or Expert, is in violation or believed to be in violation of this “NON-CIRCUMVENTION” Section.
Users agree that if this Section is violated, Battleship will suffer harm that will be difficult to calculate. Accordingly, Users agree to pay a fee to Battleship for the release of User liability (the “Expert Discovery Fee”), which Users agree is a reasonable representation of the damages Battleship will suffer as a result of such breach.
The Expert Discovery Fee is computed as follows:
The greatest of:
- a portion of the Expert’s income derived from a relationship with the Client:
- If the Expert is retained as an employee by the Client, then 20% of the Expert’s annual salary;
- If the Expert is retained as an independent contractor by the Client, then 20% of the Expert’s annualized compensation based on a 2000 hour work year; or
- all estimated Expert Fees during the Non-Circumvention Period that would be paid to Battleship during the Non-Circumvention Period, based on the Project most recently completed by the Expert, and if none, by the Client.
OUR INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Service is proprietary to and owned by us, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service and the trademarks, service marks, and logos contained therein (collectively, the “Battleship Content”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Battleship Content is provided on the Service “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Service, and no Battleship Content, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you under these Terms in and to the Service and the Battleship Content.
LICENSE TO USE THE SERVICE
Subject to these Terms, we hereby grant you a limited, revocable, personal, non-sublicenseable, non-transferable, and non-exclusive license to access and use this Service and the material herein for your limited and personal, access and use. Unless explicitly stated otherwise, any new features we provide that add to or enhance the current Services shall also constitute the “Service” and shall be subject to these Terms.
We reserve the right to refuse service to anyone for any reason at any time, except in violation of applicable law. We may, in our sole discretion, terminate your right to use the Service with or without cause at any time, and may prevent your future use of the Service. You may also terminate this Agreement by simply discontinuing use of the Service.
If you use the Service, your obligation to pay accrued charges and Client Fees or Expert Fees shall survive any termination of this Agreement. In the event of any termination of this Agreement, your Account may be suspended and/or deleted. The limitations on your use of the Service shall survive such termination, and you agree to be bound by those terms. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically authorized hereunder or otherwise endorsed or approved by us.
As a User of the Service, you agree not to:
- License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms.
- Use the Service to process data on behalf of any third party without such third parties’ consent.
- Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, spamming, or creating user Accounts by automated means or under false pretenses.
- Circumvent, bypass, disable, or otherwise interfere with securityrelated features of the Service, including features that prevent or restrict the use or copying of any Battleship Content or enforce limitations on the use of the Service and/or the Battleship Content.
- Use any other User’s Account to process orders and/or obtain sensitive Account information of other Users.
- Copy or adapt the Service’s software, or engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
- Use the Service or any information obtained from the Service in order to harass, abuse, or harm another person.
- Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Battleship Content for any revenuegenerating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the technology or software comprising or in any way making up a part of the Service.
- Delete the copyright or other proprietary rights notice from any Battleship Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that makes automated use of the Service or interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Use the Service in a manner inconsistent with any applicable laws or regulations.
OUR RIGHTS TO MONITOR AND MANAGE THE SERVICE
We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your Account, or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
You may have the ability use the Service to interact with other Users. That means you may at times contribute to or participate in, discussions, directories, message boards, online forums, and other interactive features, and you may have the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us, to other Users, or on the Site generally, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions (individually and collectively, the “User Content”).
User Content will be viewable at the discretion of Battleship. In the event Battleship allows User Content to be viewed by other Users of the Service, any User Content you post or transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Content, you represent and warrant that:
- The creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of your User Content, or you have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and other Users to use your User Content in any manner contemplated by the Service and these Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Content in any manner contemplated by the Service and these Terms.
- Your User Content is not false or misleading.
- Your User Content is not unsolicited or unauthorized advertising, promotional materials, spam, mass mailings, or other forms of solicitation.
- Your User Content does not slander, disparage, intimidate, or abuse anyone.
- Your Content does not violate any applicable law, regulation, or rule.
- Your Content does not violate the privacy or publicity rights of any third party.
- Your Content does not otherwise violate, or link to material that violates, any provision of these Terms.
Any use of the Service in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Service. We are not liable for any statements or representations in your User Content provided by you in any area on the Site or App. You are solely responsible for your User Content, and you expressly agree to hold us harmless from any and all responsibility and to refrain from any legal action against us regarding your User Content. You further acknowledge and agree that we will not be responsible for any claims, liabilities, or damages arising from the actual or alleged infringement or violation of intellectual property rights, laws, or regulations by any User in connection with the Service or in connection with any User Content.
REMOVAL OF USER CONTENT
Battleship IS UNDER NO OBLIGATION TO POST OR USE ANY USER CONTENT, AND WE MAY REMOVE USER CONTENT THAT, IN OUR SOLE DISCRETION, VIOLATES THESE TERMS AT ANY TIME AND FOR ANY REASON.
We respect the intellectual property rights of others. If you believe that any material or content available on or through the Service infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that you may be held liable for damages pursuant to federal law if you make material misrepresentations in a notification. If you are not sure that material located on or linked to by the Service infringes your copyright, you should consider contacting an attorney first.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
All content that you post on the Service must comply with U.S. copyright law, depending on jurisdiction. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at email@example.com.
- the date of your notification;
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- a description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THIRDPARTY WEBSITES AND CONTENT
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, revise, update, suspend, discontinue, or remove any features or portions of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information or features available in connection with the Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
We cannot guarantee the Service will be available at all times. We may encounter unexpected technical problems or need to conduct maintenance related to the Service, which may result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection with the Service.
These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of North Carolina applicable to agreements made and to be entirely performed within the State of North Carolina, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT THIS PROVISION AFFECTS YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA Rules or applicable law, the arbitration will take place in Wake County, North Carolina. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Wake County, North Carolina, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party related in any way to the Site or Service be commenced more than (one) 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a classaction basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
THE SERVICE IS PROVIDED ON AN ASIS AND ASAVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, Battleship CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRDPARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SUBJECT TO APPLICABLE LAW AND AS FURTHER PROVIDED IN THESE TERMS, Battleship IS NOT AND SHALL NOT BE LIABLE FOR, AND YOU HEREBY RELEASE AND HOLD HARMLESS Battleship FROM, ANY AND ALL LOSS, DAMAGE, HARM, INJURY, OR CLAIMS THAT ARISE FROM OR ARE RELATED TO USER INTERACTIONS, ENGAGEMENTS, OR OTHER USE OF THE SITE.
YOU ACKNOWLEDGE THAT Battleship IS INDEPENDENT OF ALL CLIENTS AND EXPERTS WHICH MAY MAKE USE OF THE SERVICE AT ANY GIVEN TIME, AND Battleship DOES NOT ACT ON BEHALF OF OR REPRESENT ANY USER IN CONNECTION WITH THE SERVICE. Battleship MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY CLIENT OR EXPERT OR ANY INTERACTION OR TRANSACTION BETWEEN ANY USER, CLIENT OR EXPERT, REGARDLESS OF USE OF THE SERVICE BY ANY USER, CLIENT OR EXPERT. YOU SHOULD PROTECT YOURSELF AT ALL TIMES, USE YOUR BEST JUDGEMENT AND TAKE GREAT SAFETY PRECAUTIONS WHEN MEETING OR INTERACTING WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND ANY INTERACTION YOU HAVE WITH ANY OTHER USER.
ANY DISPUTE THAT ARISES BETWEEN YOU AND ANOTHER USER IS TO BE RESOLVED BY YOU AND SUCH USER. Battleship HAS NO RESPONSIBILITY TO RESOLVE ANY USER DISPUTE AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH USER DISPUTE. AS SUCH, YOU HEREBY RELEASE Battleship FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES AND LOSSES OF EVERY KIND ARISING FROM ANY USER DISPUTE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL Battleship OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; SO, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, due to or arising out of: (1) your use of the Service; (2) our use of the information you provide (3) your breach of these Terms ; (4) your breach of any of your representations and warranties or covenants set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any use of your Account, whether authorized or unauthorized; (7) violation of your rights by a third party, including but not limited to intellectual property rights; (8) your disputes with other Users; (9) any other User’s acts or omissions as they relate to you; or (10) your violation of any law. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 9525210 or (916) 4451254.
These Terms and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Service. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact using the contact information below.
Our full details are:
Legal entity: Battleship, Inc.
Email address: firstname.lastname@example.org
555 Fayetteville Street
Raleigh NC, 27601
Phone: 919-375 6969