Rose Point Terms of Service

Last Modified: January 21, 2021

By using websites or other internet services (“Product”) offered by Rose Point Navigation Systems, Inc. (“Company”), you agree to be bound by the following terms and conditions (“Terms of Service”).

In addition, you can get information about how we collect, process, and use personal information in our Privacy Policy.

Company reserves the right to withdraw or modify the Product, and any Content or other service or material provided through the Product, in our sole discretion without notice. Company will not be liable if for any reason all or any part of the Product is unavailable at any time or for any period. From time to time, Company may restrict access to some parts of the Product, or the entire Product, to users, including users with Accounts (as defined below).

Changes to Terms of Service

Company may revise and update these Terms of Service from time to time in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Product thereafter. Your continued use of the Product following the posting of revised Terms of Service means that you accept and agree to the changes. We will attempt to notify all account holders via email when substantial changes are made. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Intellectual Property Rights

The Product and its entire contents, features, and functionality (including but not limited to all Content information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Content

The Product may display, include or make available for download certain content and data, including, without limitation, charts and maps, which are owned by third parties and provided by Company under license. All such third party materials (“Content”). Your use of such Content is at your sole risk. Company is not responsible for examining or evaluating the content or accuracy of any Content and shall not be liable for any Content. Content displayed or downloaded by the Product is for general informational purposes only and is not guaranteed by Company or any other party. You will not use Content in any manner that is inconsistent with these Terms of Service or that infringes the intellectual property rights of Company or any third party. If you choose to use Content, you are solely responsible for compliance with any applicable laws. Company reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any Content at any time without notice or liability to you. Without limiting the foregoing and except as expressly permitted by these Terms of Service, You may use the Content only for your own personal, non-commercial use. You may not, directly or indirectly, make available, sell, disclose or otherwise communicate Content to any third party.

Disclaimer of Warranties

YOUR USE OF THE PRODUCT, CONTENT, USER CONTRIBUTIONS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCT IS AT YOUR OWN RISK. THE PRODUCT, CONTENT, USER CONTRIBUTIONS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PRODUCT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS REPRESENTS OR WARRANTS THAT THE PRODUCT, CONTENT, USER CONTRIBUTIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PRODUCT, CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS HAVE ANY LIABILITY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR CONNECTED TO YOUR USE OR INABILITY TO USE THE PRODUCT, ANY CONTENT, USER CONTRIBUTIONS OR ANY OTHER WEBSITES LINKED TO THE PRODUCT AND ANY CONTENT ON SUCH OTHER WEBSITES, INCLUDING: (A) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITING THE FOREGOING, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS OR FOR ANY CAUSE OF ACTION, INCLUDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE; (B) PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, BUSINESS INTERRUPTION, OR DEVICE FAILURE OR MALFUNCTION; (C) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, suppliers, agents, affiliates, successors and assigns from and against any and all claims, costs, liabilities, damages and expense (including, but not limited to reasonable attorneys’ fees and legal costs), including claims by third parties, which result from your use or misuse of the Product, Content, User Contributions or your breach of any of these Terms of Service.

Governing Law and Venue

These Terms of Service shall be governed by the laws of the State of Washington, but not including the 1980 United Nations Convention on Contracts for International Sale of Goods. Exclusive venue for any action under these Terms of Service shall be in King County, State of Washington. you consent to the personal jurisdiction of the courts of such venue. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Product from the U.S.; and (d) You are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from these Terms of Service shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: if you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Additional Terms for Accounts

Certain features of the Product can only be accessed after creating and signing into an account (“Account”). This includes, but it not necessarily limited to, sharing content and using the Coastal Explorer App.

You may be required to provide certain information about yourself to create an Account or as a condition to using the Product or certain of its features and functionality. All information Company collects through the Product is subject to our Privacy Policy, as may be updated from time to time. You should review our Privacy Policy on our website (www.rosepoint.com). You hereby consent to all actions taken by Company with respect to your information that are in compliance with the Privacy Policy. Without limiting the foregoing, Company may use this information to support the management of your Subscriptions and for tracking use of the Product.

Company has the right to disable any Account, user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

User Contributions

The Product may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Product. All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: (1) you own or control all rights in and to the User Contributions and have the right to grant the license granted above; and (2) all of your User Contributions do and will comply with these Terms of Service. You understand and acknowledge that you are responsible for any User Contributions, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Product.

Monitoring and Enforcement of User Contributions

Company has the right to: (1) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (2) take any action with respect to any User Contribution that it deem necessary or appropriate in our sole discretion, including if Company believes that such User Contribution violates these Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Product or the public, or could create liability for the Company; (3) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (4) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Product.

Without limiting the foregoing, Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Product. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Company does not undertake to review material before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Company has no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (1) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (2) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (3) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (4) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy; (5) be likely to deceive any person; (6) promote any illegal activity, or advocate, promote, or assist any unlawful act; (7) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (8) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (9) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (10) give the impression that they emanate Company or are endorsed by us or any other person or entity, if this is not the case.

Additional Terms for Coastal Explorer Chart Subscriptions

The Content available to or otherwise accessible by you through a Coastal Explorer Chart Subscription will depend on the geographies for which you purchase a subscription (a “Subscription”) and the term of that Subscription. If you cancel or do not renew your Subscription for a particular geography, any Content that you have previously downloaded will be removed from your devices at the end of the term.

During its term, a Subscription may enable certain navigation features (“Navigation Features”) in the Product. The NAVIGATION FEATURES are not intended to be used for and may not be used for navigation IN GEOGRAPHIES FOR WHICH YOU HAVE NOT PURCHASED A SUBSCRIPTION.

International Navigational Requirements and Safety Warnings

You agree to comply with all laws, regulations, and requirements of the country in which you are using the Product. YOU ACKNOWLEDGE AND AGREE THAT: (A) NAUTICAL NAVIGATION IS AN INHERENTLY DANGEROUS ACT AND THAT, EXCEPT TO THE EXTENT THAT YOU HAVE PURCHASED A SUBSCRIPTION FOR PARTICULAR GEOGRAPHIES, THE PRODUCT IS NOT FOR NAVIGATION; (B) NO NATIONAL HYDROGRAPHIC OFFICE OF ANY COUNTRY HAS VERIFIED THE DATA OR INFORMATION IN THE PRODUCT, INCLUDING BUT NOT LIMITED TO NAUTICAL CHARTS, MAPS, OR OTHER IMAGES (IN DIGITAL OR PHYSICAL FORM), AND NO SUCH OFFICE WILL ACCEPT RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY REPRODUCTION OR ANY MODIFICATION MADE TO THE DATA OR INFORMATION PRODUCED BY THE PRODUCT; (C) NO NATIONAL HYDROGRAPHIC OFFICE WARRANTS THAT THE PRODUCT SATISFIES NATIONAL OR INTERNATIONAL REGULATIONS REGARDING THE USE OF THE APPROPRIATE PRODUCTS FOR NAVIGATION; AND (D) YOU SHALL CONSULT OFFICIAL, UPDATED NAUTICAL CHARTS WHICH ARE ISSUED BY EACH COUNTRY THROUGH WHICH YOU TRANSVERSE FOR PURPOSES OF NAVIGATION. SUCH COUNTRIES INCLUDE BUT ARE NOT LIMITED TO THE UNITED STATES, THE UNITED KINGDOM, CANADA, AUSTRALIA, DENMARK, NORWAY, FINLAND, AND GERMANY.