TERMS AND CONDITIONS OF USE
This page states the Terms and Conditions under which you may use the Sifferman Technology, LLC (“Sifferman Technology”) web site, siffermantechnology.com (the “Web site”). By accessing and using the Web site you accept and agree to be bound by these Terms and Conditions regardless of whether you have read through all of the applicable terms. The Web site may include links to other sites, but these Terms and Conditions only apply to pages on the Web site. If you follow a link to a domain that differs from the Web site, these terms and conditions do not apply. WE RECOMMEND THAT YOU READ THESE TERMS AND CONDITIONS, AS THEY INCLUDE TERMS SUCH AS LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
We may, at any time: modify or discontinue all or any part of the Web site; charge, modify or waive fees required to use the Web site; or offer opportunities to some or all Web site users.
The information and materials contained on this Web site have been prepared and made available by Sifferman Technology for informational purposes only. Any use of the Web site and its contents is at your own risk. If you are dissatisfied with any of the contents of the Web site or with these Terms and Conditions, your sole remedy is to discontinue use of the Web site.
ACCURACY OF INFORMATION PROVIDED BY YOU
You represent and warrant that any information that you provide in connection with your use of the Web site is and shall remain true, accurate, and complete, and that you will maintain and update such information as needed. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, then we may terminate your use of the Web site.
You may be required to register with the Web site in order to access certain services or areas of the Web site. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or e–mail address): that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only. If you use the Web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Sifferman Technology reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Sifferman Technology reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Web site, and to block or prevent future access to and use of the Web site if you violate any of these Terms and Conditions. Upon any such termination, your right to use the Web site will immediately cease. You agree we may terminate your access to or use of the Web site without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any damages or causes of action arising as a result of our termination of your access to the Web site or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms and Conditions which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
REVIEWS, COMMENTS, SUBMISSIONS AND OTHER COMMUNICATIONS
Sifferman Technology welcomes your reviews, comments and other communications (“User Content”) as long as the User Content submitted by you complies with these Terms and Conditions. We do not endorse, recommend or sponsor any user product reviews, ideas, advice or other User Content.
You agree that any User Content submitted by you on the Web site will be accurate, will not violate or facilitate the violation of any applicable law, regulation or Web site rule or policy, will not violate any right of a third party, including without limitation, copyright, trademark, privacy or publicity rights, and will not cause injury to any person or entity. You agree that User Content submitted by you on the Web site will not contain threatening language, and will not contain malware, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. In addition, you agree that you have not been compensated nor granted any consideration by any third party for the User Content submitted by you.
You are solely responsible for the User Content you submit, and Sifferman Technology assumes no liability for any User Content submitted by you. You agree to indemnify, defend and hold us harmless from and against all claims and liabilities resulting from your User Content. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding their transmission, to any third party in order to operate the Web site; to protect Sifferman Technology and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Sifferman Technology Entities”), and the Web site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms and Conditions; or for any other reason or purpose.
Any User Content sent to Sifferman Technology via the Internet, e-mail, or through the Web site is not secure and will be considered non-confidential and non-proprietary. For any User Content that you submit, you grant to Sifferman Technology a non–exclusive, sublicenseable (through multiple tiers), fully paid, perpetual, irrevocable, royalty–free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate such content into any form, medium or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any comments that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Sifferman Technology the right to include the name you provided along with the User Content submitted by you; provided, however, Sifferman Technology shall have no obligation to include such name with such User Content. Please note that, if you use your name in connection with your User Content, this personal information may become public information, and may be available to Web site visitors and to the general public; moreover, such personal information, once so disclosed to the general public, may be redistributed through the Internet and other media channels, where it may reach an even broader audience. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with your User Content.
For all User Content posted by you, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such User Content, and your provision thereof to and through the Web site, comply with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
User Content is also provided by third party visitors to the Web site. Please note that Web site visitors may make statements, post messages or other User Content that are inaccurate, misleading or deceptive. Sifferman Technology and its affiliates, partners, suppliers or any other associated entities neither endorse nor are responsible for any opinion, advice, information or statements made by third parties. Neither Sifferman Technology nor its affiliates are responsible for any such information or materials made available through the Web site (including, without limitation, errors or omissions in postings or links or images embedded in such postings) or results obtained by using any such information or materials. Under no circumstances will Sifferman Technology or its affiliates be responsible or liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Sifferman Technology.
INTELLECTUAL PROPERTY NOTICE
The contents of the Web site, such as text, graphics, images, audio, video, downloadable content, and other material, are protected by copyright, trademark and other such laws. Sifferman Technology and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Web site. Access to the Web site does not confer and shall not be considered as conferring upon anyone any license under any of Sifferman Technology’s or any third party’s intellectual property rights. If you make a copy of any of the material provided by the Web site, you must retain all copyright and other proprietary notices contained in the original material.
The trademarks “Sifferman Technology” “STFishFinder”, “FE2”, “Fishing Bug”, the Sifferman Technology logo, the lightning man logo, and the Fishing Bug logo are trademarks of Sifferman Technology, LLC and/or its affiliates. Any other trademarks used on the Web site are trademarks of their respective owners.
ERRORS AND INACCURACIES
This Web site may contain inaccuracies or typographical errors. Sifferman Technology makes no representations about the accuracy, reliability, completeness, or timeliness of the contents of the Web site or about the results to be obtained from using the Web site or its contents.
Sifferman Technology does not warrant that the Web site will operate error-free or that the Web site or its server are free of computer viruses or other harmful software.
DISCLAIMERS OF WARRANTIES – GENERAL
While Sifferman Technology attempts to ensure that your access and use of the Web site is safe, we cannot and do not represent or warrant that the Web site or its server will be error–free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE OR ITS SERVERS, OR THAT EMAILS SENT FROM THE WEB SITE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, SIFFERMAN TECHNOLOGY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL SIFFERMAN TECHNOLOGY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND ITS CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SIFFERMAN TECHNOLOGY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.
Certain links contained on the Web site may lead to other web sites. Sifferman Technology does not necessarily endorse or approve of any materials or information contained upon linked web sites and is not responsible for any materials contained on such linked web sites.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SIFFERMAN TECHNOLOGY OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEB SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SIFFERMAN TECHNOLOGY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT ON THE WEB SITE, OR WITH THESE TERMS AND CONDITIONS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SIFFERMAN TECHNOLOGY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
INDEMNIFICATION AND DEFENSE OF SIFFERMAN TECHNOLOGY
As a condition of the use of the Web site, you agree to defend, indemnify and hold harmless Sifferman Technology, and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Web site including, without limitation, any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms and Conditions.
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such sites.
SOFTWARE AND OTHER MATERIAL AVAILABLE FOR DOWNLOAD ON THIS WEB SITE – DISCLAIMERS
All software or other material (“Software”) that is made available to download from the Web site contains proprietary material that is protected by applicable intellectual property and other laws. Use of the Software is subject to the terms and conditions of a license agreement (“License Agreement”) that accompanies the Software. The License Agreement is incorporated into these Terms and Conditions by reference. Unless you have another agreement directly with Sifferman Technology that controls and alters your use of the Software, the terms and conditions of the License Agreement apply to you. Except as expressly set forth in the License Agreement, you may not copy, modify, reverse engineer, sell, or distribute works based on the Software or any aspect thereof.
SIFFERMAN TECHNOLOGY HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, OR STATUTORY.
SIFFERMAN TECHNOLOGY SHALL NOT BE LIABLE IN ANY WAY, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SIFFERMAN TECHNOLOGY FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, SIFFERMAN TECHNOLOGY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
We may make available products and services for purchase through the Web site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Web site. If you wish to purchase any product or service made available through the Web site (each such purchase, a “Transaction”), then you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant Sifferman Technology the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions and images of, and references to, third–party products or services available in connection with the Web site do not imply Sifferman Technology’s endorsement of such third–party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Web site are subject to change at any time without notice. The inclusion of any products or services on the Web site at a particular time does not imply or warrant that these products or services will be available at any time. Sifferman Technology reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Web site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
You acknowledge that any purchased goods licensed or sold on the Web site, which may include technology and software, and all software, including all HTML code and controls that are contained on the Web site, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing products, or downloading or using technology or software from the Web site, you agree to abide by the applicable laws, rules and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
The Web site is controlled by Sifferman Technology from the United States, and is not intended to be subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Web site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Web site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Web site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE WEB SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEB SITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF NEW HAMPSHIRE, UNITED STATES OF AMERICA. The laws of the State of New Hampshire, without regard to New Hampshire’s choice–of–law principles, govern all matters arising out of or related to these Terms and Conditions. You agree that the exclusive forum and venue for any legal action arising out of or related to these Terms and Conditions shall be the United States District Court for the District of New Hampshire, and you submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the District of New Hampshire, then the exclusive forum and venue for any such action shall be the courts of the State of New Hampshire located in Hillsborough County, and submit to the personal jurisdiction of that court.
These Terms and Conditions, including policies incorporated herein, constitute the entire agreement between you and Sifferman Technology with respect to the Web site. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Sifferman Technology with respect to the Web site. No provision of these Terms and Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy, or failure to require the satisfaction of any condition under, these Terms and Conditions shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms and Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Nothing in these Terms and Conditions creates a relationship of agent and principal, partners, joint venturers or employer–employee between the parties, and no act or obligation of either party will in any way bind the other. You agree that a printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.