Effective as of October 2020
LICENSE GRANT. This TOU provides to an individual user (identified herein as “you” or “user” or with “your”) a personal, revocable, limited, non-exclusive, nontransferable, and (limited) non-sublicensable license to use the Site. You may print copies of information displayed by the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information.
LICENSE GRANT RESTRICTIONS. This TOU provides only a license and is not an assignment, sale, or transfer of ownership. You may not access or use the Site and in particular, any data or materials through the Site, for any commercial or unauthorized purposes. If you wish to make use of the Site other than as set out herein, you may contact Hawkfish using the contact information set forth below. Further, Hawkfish reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, film, transmit, display, publish, remove, or alter any proprietary notices or labels, license, sublicense, permit use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein (or by Hawkfish) the Site (including any video or screen image thereof). In addition, you shall not enter into any contractual relationship or other legally binding obligation with any third party or person which shall have the purpose or effect of encumbering Hawkfish or the use of the Site (or any part thereof).
USER OBLIGATIONS. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials to or through the Site. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Site only with the involvement and acceptance of this TOU by a parent or legal guardian. You also acknowledge and agree that use of the Internet and the Site is solely at your own risk.
ACCOUNT. For certain access to the Site, Hawkfish may require access credentials, such as a username and password, or adherence to other particular access requirements as designated by Hawkfish in its sole discretion from time to time. You hereby agree to consider and maintain your access credentials as the confidential information of Hawkfish. You shall immediately notify Hawkfish if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials.
PROPRIETARY RIGHTS. The Site is owned by Hawkfish LLC and/or its licensor(s). © 2020 Hawkfish LLC. All rights reserved. HAWKFISH and all other names, logos, and icons identifying Hawkfish and its solutions, products, and services are proprietary trademarks of Hawkfish, and any use of such marks without the express written permission of Hawkfish is strictly prohibited. Other services, products, or company names mentioned or displayed may be the trademarks and/or service marks of their respective owners.
LINKS TO OTHER SITES. The Site may connect to certain third-party websites, advertisements, or online networks (collectively, “Third-Party Sites”). All Third-Party Sites are owned, controlled, and/or maintained solely by third parties over whom Hawkfish exercises no control. These links do not imply an endorsement with respect to any Third-Party Site(s) or the information, products, or services provided by any Third-Party Site(s). Hawkfish encourages review of the applicable terms, conditions, or notices governing use of these Third-Party Sites.
DISCLAIMER. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. HAWKFISH ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE PROVIDES CURRENT OR ACCURATE INFORMATION OR THAT IT WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. HAWKFISH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY. IN NO EVENT SHALL HAWKFISH BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE. TOTAL LIABILITY OF HAWKFISH FOR BREACH OF THIS TOU IS TO END USE OF THE SITE, AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE SITE WHATSOEVER, LIMITED TO AN AMOUNT NOT EXCEEDING THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO HAWKFISH DURING THE PRIOR SIX (6) MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, HAWKFISH’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
GOVERNING LAW. Use of the Site constitutes agreement to enter into transactions electronically. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of New York, as applied to agreements entered into and completely performed in the State of New York.
ENFORCING SECURITY. Hawkfish reserves the right to view, monitor, and record activity on the Site, including through your account without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site, as well as to disclosures required by, or under applicable law, or related government agency actions. Hawkfish will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Hawkfish reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation or access to the Site, or any portion of the Site in order to protect the Site or Hawkfish.
INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of Hawkfish proprietary assets, will cause irreparable injury to Hawkfish. Such injury would not be quantifiable in monetary damages and Hawkfish would not have an adequate remedy at law. You therefore agree that Hawkfish shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that Hawkfish post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Hawkfish to enforce any provision of this TOU.
TERM AND TERMINATION. This TOU will take (re-take) effect at the time you accept or begin using the Site, whichever is earliest. This TOU will terminate automatically if you: (i) fail to comply with any of the provisions of this TOU; or (ii) cease all use of the Site. Termination in such event(s) will be effective without notice. In addition, Hawkfish may in its sole discretion terminate this TOU or suspend the Site’s performance upon notice to you for any or no reason. Upon termination of this TOU, any and all right(s) to use the Site shall immediately cease and you must promptly delete or destroy all copies of the Site in your possession or control. This clause and the provisions concerning License Grant Restrictions, Proprietary Rights, Disclaimer, Limitation of Liability, Governing Law, Enforcing Security, Injunctive Relief, Waiver and Severability, and Entire Agreement will survive the termination of this TOU for any reason.
WAIVER AND SEVERABILITY. Failure to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Hawkfish of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
ENTIRE AGREEMENT. You and Hawkfish are independent contractors. No joint venture, partnership, employment, or agency relationship exists between you and Hawkfish as a result of this TOU or your utilization of the Site. This TOU represents the entire agreement between you and Hawkfish with respect to your individual use of the Site. This TOU may not be assigned, transferred, conveyed, delegated, or granted by you to another party or person without the prior written consent of Hawkfish. Please note that Hawkfish reserves the right to change this TOU under which the Site and its offerings are extended to you by posting online a revised TOU or mailing and/or emailing notice thereof to you. In addition, Hawkfish may add, modify, or delete any aspect, program, functionality, or feature of the Site. Your continued use of the Site following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the provisions of this TOU. Accordingly, please review this TOU on a periodic basis.
EMPLOYMENT OPPORTUNITIES. Hawkfish may make available through the Site an on-line directory of available employment opportunities with Hawkfish (the "Hawkfish Career Resource Directory"). In addition to any other terms and conditions set forth in this TOU, you acknowledge and agree that the Hawkfish Career Resource Directory includes information that is subject to change, and which may be used only for personal purposes. Any information of the Hawkfish Career Resource Directory shall not be further used, copied, merged, published, displayed, or made accessible without the prior written consent of Hawkfish.
CONTACT INFORMATION. If you have questions regarding the Site, are interested in obtaining more information concerning Hawkfish or its services, solutions, materials, or data, or seek additional rights to use any Hawkfish data, please contact Hawkfish as follows: email@example.com (for general or data inquiries), firstname.lastname@example.org (for press inquiries), and email@example.com (for employment inquiries).