Terms of Service

 

These Terms of Service ("Agreement" or “TOS”) describe the legal relationship between a user (You) of the Hawaii.scisol.com Web site (the "Site") and Scientific Solutions, Inc. (SSI).  SSI offers certain ocean prediction services and functionality that is available on the Site (the "Services"). By using this Site, you accept the terms and conditions contained herein.  "You" are the individual who executes this TOS (“User”).

 

1. Our Service. This Web site is designed to provide information (“Content”) for use by You for educational purposes only.  This information is generated using several resources, including but not limited to the Princeton Ocean Model (POM), Delft’s Simulating Waves Nearshore (SWAN), the Modular Ocean Data Assimilation System (MODAS) and the NOAA Environmental Modeling Center.  SSI does not independently verify the information from these resources. 

 

2. Use of Service. You may use this Service only for internal, non-commercial purposes.  You may not (a) resell, loan, lease, time share, license or otherwise redistribute any site Content; (b) use any trademarks, service marks or trade names incorporated on the Site; (c) use the name and likeness of any individuals represented on the Site for any reason without the express written consent of SSI.

 

3. Hawaii.scisol.com is and other trademarks and service marks that appear on the Site are the registered and unregistered trademarks or service marks of Scientific Solutions, Inc. or its suppliers or licensees.  All rights reserved.  You are expressly prohibited from registering any domain name confusingly similar to Hawaii.scisol.com.

 

4. Termination.  This TOS automatically and without notice terminates if: (a) You breach this TOS, (b) You repeatedly infringe the intellectual property rights of a third party; or (c) any Material which You have posted violates any applicable laws.

 

5. Restrictions. You shall comply with all laws and regulations applicable to your use of the Services and the Site.  Specifically, you shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.  You are not permitted to use our name, URL, trademarks or other material in connection with "spam" e-mail messages or newsgroup postings. For the purposes of this TOS, "spam" has the meaning generally understood among Internet users, and includes without limitation "unsolicited electronic mail advertisements" as that phrase is defined under California Business and Professions Code section 17538.45. You may not impose an unreasonable or disproportionately large load (as determined by SSI in light of the load imposed by other users generally) on our infrastructure. You may not use any "bot" or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from SSI or any business partner of ours.

 

6. Our Privacy Policy. Our Privacy Policy is available by clicking here. By accepting this TOS, you expressly consent to our use of your information, as enumerated in our then-current privacy policies, which are incorporated herein by reference.

 

7. Disclaimer. SSI PROVIDES THE SERVICES AND THE SITE "AS IS."  SSI AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, ACCURACY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  Without limiting the foregoing, SSI does not ensure continuous, error-free, secure or virus-free operation of the Site or the Services. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.  This warranty gives you specific legal rights, and you may also have other legal rights which vary from state to state.

 

8. Limited Remedy; Waiver of Certain Damages. IN NO EVENT SHALL SSI OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE SITE OR THIS TOS.  IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES EXCEED $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

 

9. Links to Other Web Sites. Links to third party Web sites are provided as a convenience to you.  SSI makes no representation that SSI has reviewed such sites, and SSI does not control and is not responsible for any of these sites or their content. SSI therefore does not endorse or make any representation about them or any software, products, services, or other content or materials appearing thereon, or any results that may be obtained from your use of such software, products, services, or other content or materials. Your decision to access any third party site linked to on the Site is entirely at your own risk.

 

10. Export Compliance. By downloading any software or technical data from the Site, you assume responsibility for complying with applicable export/import laws and regulations and agree not to export or re-export this software or technical data without applicable export authorization. You may not export or re-export any software obtained from the Site or any copy or adaptation thereof in violation of any applicable laws or regulations. You may not download, export or re-export any software obtained from the Site outside the U.S. unless expressly permitted by SSI.  You agree not to download, export or re-export any software, or any copy or adaptation, or any direct product based on any software without proper U.S. government authorization to destinations not eligible for exports under license exception TSR.

 

11. Indemnity. You agree to indemnify and hold SSI and our customers and business partners harmless from all damages and costs, including attorneys’ fees, arising out of or related to your breach of this TOS or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

 

12. Modifications. SSI may amend this TOS at any time. Such amendments will be effective when posted on the SSI web site. Otherwise, this TOS may not be amended except in writing signed by both parties. 

 

13. Policies and Conflict. The Site has other policies that relate to specific issues, including the Privacy Policy (“Policies”).  In the event of any conflict between these Terms and a Policy, this TOS shall govern first and then the specific Policy.  No terms presented on any purchase order, invoice or other written statement shall have any effect whatsoever.

 

14. Miscellaneous.  This TOS is governed in all respects by the laws of the State of New Hampshire, excluding its conflict of law principles. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. SSI and the user both agree that any cause of action relating to this TOS shall be brought in a court in New Hampshire, and SSI and the user both irrevocably submit to the exclusive personal jurisdiction of such courts.   No agency, partnership, joint venture or employee-employer relationship is intended or created by this TOS.  If any provision of this TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this TOS or your rights hereunder, and any attempt to the contrary is void. SSI shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control.  SSI may communicate with you via email and any similar technology for purposes relating to the Services, the Site and any services provided or which may in the future be provided by SSI or on our behalf. This TOS and associated Policies set out on the Site set forth the entire understanding and TOS between the User and SSI with respect to the subject matter hereof, and you agree that any and all oral, written or other TOSs between You and SSI are hereby superseded. All notices, requests and other communications under this TOS must be in writing and sent by electronic mail (if to Scientific Solutions, Inc.) or, if to You, via electronic mail to the address that you have last given SSI, and shall be effective (a) for SSI, 3 days following the date of mailing of such notice; (b) for You, 24 hours after SSI has sent the email to you.

 

15. How You Can Reach SSI. The Services hereunder are offered by Scientific Solutions, Inc., a New Hampshire Corporation. You can reach SSI by e-mail: Contact Us.  Additionally, any dispute or complaint can be filed with the Department of Consumer Affairs, Nashua, New Hampshire.