Trademarks, Copyrights and Restrictions
This Web Site is controlled and operated
by Pacific Marine Foundation, Inc., 1900 W. Nickerson, Suite 116-218, Seattle, WA 98119-1661. All content on this Web Site, including, but not limited
to text, images, illustrations, audio clips, and video clips, is
protected by copyrights, trademarks, service marks, and/or other
intellectual property rights (which are governed by U.S. and worldwide
copyright laws and treaty provisions, privacy and publicity laws,
and communication regulations and statutes), and are owned and controlled
by Pacific Marine
Foundation or its affiliates, or by third party content providers,
merchants, sponsors and licensors (collectively "Providers")
that have licensed their content or the right to market their products
and/or services to Pacific Marine Foundation. Content
on this Web Site or any web site owned, operated, licensed or controlled
by the Providers is solely for your personal, non-commercial use.
You may print a copy of the content and/or information contained herein
for your personal, non-commercial use only, but you may not copy,
reproduce, republish, upload, post, transmit, distribute, and/or exploit
the content or information in any way (including by e-mail or other
electronic means) for commercial use without the prior written consent
Marine Foundation or the Providers. You may request consent
Us! Without the prior written consent of Pacific
Marine Foundation or the Providers, your modification of the
content, use of the content on any other web site or networked computer
environment, or use of the content for any purpose other than personal,
non-commercial use, violates the rights of the owners of Pacific
Marine Foundation and/or the Provider copyrights, trademarks
or service marks and other proprietary rights, and is prohibited.
As a condition to your use of this Web Site, you warrant to Pacific
Marine Foundation that you will not use our Web Site for
any purpose that is unlawful or prohibited by these Terms, including
without limitation the posting or transmitting any threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane
material. If you violate any of these Terms, your permission to use
our Web Site immediately terminates without the necessity of any
Marine Foundation retains the right to deny access to anyone
at its discretion for any reason, including for violation of these Terms.
You may not use on your web site any trademarks, service marks or copyrighted
materials appearing on this Web Site, including but not limited to any
logos or characters, without the express written consent of the owner
of the mark or copyright. You may not frame or otherwise incorporate
into another web site any of the content or other materials on this
Web Site without prior written consent of Pacific Marine Foundation.
This Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Pacific Marine Foundation’s control. Pacific Marine Foundation is not responsible for, and does not endorse, such content, whether or not Pacific Marine Foundation is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by Pacific Marine Foundation, or its affiliates or Providers.
Disclaimer of Warranties and Liability
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSIOn, RESTRICTIOn, OR MODIFICATIOn, Pacific Marine Foundation DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER Pacific Marine Foundation, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATIOn, PRODUCTIOn, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. Pacific Marine Foundation DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT Pacific Marine Foundation) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER Pacific Marine Foundation, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATIOn, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Pacific Marine Foundation AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSIOn, INTERRUPTIOn, DELETIOn, DEFECT, DELAY IN OPERATIOn, COMPUTER VIRUS, THEFT, DESTRUCTIOn, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATIOn, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Pacific Marine Foundation IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, Pacific Marine Foundation's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Pacific Marine Foundation and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.
Third Party Rights
These Terms are for the benefit of Pacific Marine Foundation and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Unless otherwise specified, the content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by Pacific Marine Foundation from its offices in Seattle, Washington. Pacific Marine Foundation makes no representation that content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Washington, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Pacific Marine Foundation brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located in Seattle, Washington, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Pacific Marine Foundation, Inc. • 1900 W. Nickerson, Suite 116-218, Seattle, WA 98119-1661 • Phone: (206) 225-3360 • Fax: (206) 260-7519