Acceptance of the Terms and Conditions
This website (sharkcharts.live), associated websites (including without limitation www.Shark Charts.org) and the mobile version(s) of same are operated by Shark Charts, LLC (“Shark Charts or “we” or “our” or “us”). These websites, any links related to these websites, any software, code or applications related to these websites, and the services and products related to these websites, shall be collectively referred to herein as the “Site.” By clicking “I AGREE” below or by using this Site and any of our services and products through the Site, you agree to these Terms and Conditions, our Privacy Statement, and any additional terms related to any promotions, events or other web sites that you may participate in at any time, as well as any supplemental notices or communications that we may send you (collectively referred to herein as the “Terms and Conditions”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY STOP USING THE SITE AND ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE OR Shark Charts. This constitutes a binding agreement between Shark Charts and you (this “Agreement”).
Your Shark Charts Account
In order to access some or all of the Site, we may require that you create an account (the “Account”), either by registering directly with us or by allowing a connection between the Shark Charts application and your Facebook account. You agree to provide accurate and complete information when creating your Account, and to update your information if and when changes occur. If you create an Account, you shall have sole responsibility for the Account and anyone using your login information to access your Account. You are responsible for preventing unauthorized use. Your Account may not be sold or transferred to another person. If anything fraudulent or otherwise illegal is done with your Account, we reserve the right to hold you liable for any and all damages we may suffer, either directly or as a result of action against us by a third party. All transactions with Shark Charts are final and no refunds will be offered regardless of performance.
We may terminate your Account at any time and for any reason (or no reason). If we terminate your Account, you may not re-enroll or join under a new account unless you receive a specific invitation. In addition, if your account is terminated, you lose any benefits you may have accrued while you had an Account with Shark Charts.
As an express condition of using this Site, you agree that you:
• have read and understand these Terms and Conditions;
• are 13 years of age or older;
• are legally capable of entering into binding contracts or, if you are under 18 years of age, you have the express consent of a parent or legal guardian to enter into this Agreement and to use the Site;
• are not prohibited by law from accessing our Site and have not previously been banned, terminated or otherwise denied access to our Site by us;
• are not acting on behalf of a person whose access to our Site has been previously terminated or otherwise denied by us; and
• will comply with these Terms and Conditions.
Shark Charts is granting you a limited license to access and to use the Site in a personal and non-commercial manner. The Site is private property. We may limit your access to and privileges on the Site, and seek other remedies, at any time in our sole discretion, including without limitation if you engage in any illegal or improper conduct as judged by us in our sole discretion. The following actions are prohibited under these Terms and Conditions and constitute a violation of this Agreement:
• Submitting any intentionally false, misleading or inaccurate information;
• Submitting false or inaccurate information;
• Committing illegal acts, including without limitation, fraud with your account;
• Falsely disparaging or speaking badly about the Site or any of the businesses, entities or individuals on the Site;
• Using the Site to harass or threaten another user on the Site;
• Using the Site to solicit customers or businesses for commercial gain outside these Terms and Conditions, including without limitation in any way that might harm or interfere with the business interests of the Site;
• Attempting to access or log into an account that is not yours;
• Attempting to use the Site to copy, store, host, transmit, send, use, public or distribute any material that consists of or is linked to any spyware, computer virus, or other malicious computer software;
• Attempting to use, copy, duplicate, aggregate, steal or otherwise appropriate any information or data or specials on the Site;
• Attempting to collect any personally identifiable information of the users of the Site, like names and email addresses;
• Attempting to breach security protocols and measures on the Site;
• Attempting to use in any unauthorized way the Site’s intellectual property and/or its logos, taglines, trademarks, service marks, copyrights and patents or the intellectual property of any third party;
• Attempting to interfere with the functioning or service of the Site in any way as determined by us at our sole discretion;
• Attempting to advertise, solicit business/customers, or otherwise use the Site for commercial gain without the express consent of the Site;
• Attempting to damage or crash the site or place excessive demands on the Site’s resources or servers (as determined in our sole discretion); or
• otherwise interfering with the use and enjoyment of the Site.
Promotions and Specials
Shark Charts may allow business owners to offer specials, services, products, promotions, and other items to customers by posting and/or displaying them on our Site. By posting a special on the Site, the poster represents that the special is legitimate, accurate, valid and in accordance with these Terms and Conditions. The entity posting a special is solely responsible for all goods and services it provides to the user and for any and all injuries, illnesses, sickness, damages, claims, liabilities and costs it may cause the user to suffer, directly or indirectly, in full or in part. The specials are not created by Shark Charts. Shark Charts merely markets them and makes no representations or warranties regarding their accuracy, legality or genuineness. The entity posting the specials agrees to indemnify and hold harmless Shark Charts from any and all damages, complaints or issues.
Certain services and material accessible on the Site include search results that may commingle advertising and sponsored business listings (“Paid Advertising Content”) with other business listings that are not Paid Advertising Content. Depending on the text of user-provided search terms, Paid Advertising Content will be included in a search results list intermingled with other search results. We do not undertake to identify which content, if any, is Paid Advertising Content, however, you agree and acknowledge that results may be displayed in an order or manner that gives priority to Paid Advertising Content.
If you post, accept, use or attempt to use any special then you agree to these Terms and Conditions and any conditions or fine print stated in the special or otherwise applicable to the special, except to the extent prohibited by applicable law. You hereby irrevocably waive all rights related to, and release Shark Charts and its subsidiaries, affiliates, partners, owners, officers, managers, employees and agents from any liabilities arising from or related to any act or omission of an entity who posts a special in connection with your use of such special.
The specials offered on the Site may contain date restrictions and/or time limitations on when they can be used. Please read and carefully observe these restrictions before attempting to use a special. Shark Charts cannot be held responsible if the availability date is incorrect.
Specials may be available only for limited times. Businesses offering specials may run out of the product or refuse to honor a special that was offered. If this happens please let us know but we are not and will not be held responsible. Shark Charts cannot and does not control the availability or any other terms and conditions for a special being offered on the Site. We suggest contacting anyone offering a special before you attempt to take advantage of it to ensure it will be available.
Ownership of the Site
The Site and/or any products or services related to the Site (including past, present and future versions) and all content that is included in, on or that is otherwise a part of the Site and/or products or services related to the Site, including without limitation all intellectual property but excluding intellectual property of third parties (collectively, the “Content”) are owned, controlled or licensed by Shark Charts, its subsidiaries or affiliates. Your use of the Content is subject to any and all conditions imposed by Shark Charts.
All of the contents of the Site, and any services or products related to the Site, but excluding intellectual property of third parties, are the exclusive property of, or licensed to, Shark Charts and are copyrighted under United States copyright laws and/or similar laws of other jurisdictions. Shark Charts owns a copyright in the selection, coordination, arrangement and enhancement of the content in the Site.
The trademarks and service marks, Shark Charts™ and the Shark Charts logo, which are located within or on the Site, are marks of Shark Charts, LLC and shall not be deemed to be in the public domain but rather the exclusive property of Shark Charts. You are not permitted to use, copy, sell, display or distribute this Site or any of our trademarks, service marks, copyrights or other intellectual property without our express permission. You are also not permitted to post or otherwise make available on this Site any material protected by trademark, copyright or other proprietary right without the express consent of the owner. You agree that your use of the Site is pursuant to this scope of licensed use. The Site may include trademarks, copyrights and/or other proprietary rights of third parties. You acknowledge that the Site has been neither endorsed nor sponsored by, and is not affiliated with, any such third parties. You agree that the terms of this Agreement apply to any and all third-party intellectual property on the Site as well. By using the Site you agree that you will not challenge ownership or intellectual property rights with respect to the marks or any copyright or other intellectual property of Shark Charts.
Any violation of these requirements may result in a trademark, copyright or other intellectual property right infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of intellectual property rights or any other harm resulting from your actions. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted Shark Charts the royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license to use, reproduce, modify, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user’s personal use. You also grant us the right to edit, copy, publish and distribute any material that you make available on this Site.
Websites, Links and Content of Third Parties
The Site contains links to websites maintained by third parties. These links are provided solely as a convenience to you and not because we endorse, recommend, encourage use, or have an opinion about the contents on such websites. Shark Charts expressly disclaims any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. Any decision you make to access websites maintained by other parties is done at your own risk.
Your User Content
The Site may offer you the opportunity, or you may take the opportunity, to post content, comments, pictures, ratings, reviews, ideas, suggestions, questions, improvements, new services, new products and other content (“User Content”). You agree not to post any User Content on the Site that is illegal, intentionally false or misleading, or injurious to us or anyone else, or which infringes on the intellectual property rights of any third party or otherwise violates any of the Terms and Conditions of the Site. You may not imply that any User Content is in any way sponsored or endorsed by Shark Charts. We reserve the right without prior notice to remove or edit any User Content, including without limitation as a result of our determination at our sole discretion that such User Content is in violation of these Terms and Conditions. However, we have no obligation to do so, we do not regularly review User Content and we do not warrant that all User Content on the Site complies with these Terms and Conditions.
If you do post User Content or submit material, and unless we indicate otherwise, you grant Shark Charts a non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant Shark Charts and our sub-licensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify us for all claims resulting from User Content you supply. Shark Charts takes no responsibility and assumes no liability for any User Content posted by you or any third party.
Digital Millennium Copyright Act
Shark Charts complies with the requirements of the Digital Millennium Copyright Act (“DMCA”). Shark Charts may terminate your Account and this Agreement with you or any other user of the Site who infringes on the copyrights of another (provided that these Terms and Conditions will survive any such termination). If you have any concerns or believe that any material on the Site in any way constitutes copyright infringement, please contact the agent designated below, who has been designated to respond to reports alleging copyright infringement. Provide the DMCA Agent with the following information in writing (either via paper mail or electronic mail):
• A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
• A description of the copyrighted work claimed to have been infringed;
• A description of the material that is claimed to be infringing or to be the subject of infringing activity, and its location on the Site;
• Your address, telephone number, and, if available, an email address;
• A statement that the you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in your notice is accurate, and under penalty of perjury, and that you are authorized to act on behalf of the owner of the allegedly infringed copyright.
Shark Charts may, at any time, for any reason and in its sole discretion, terminate this Agreement with you. The reasons may include you breaching these Terms and Conditions or Shark Charts being required by law to terminate this Agreement. We may also immediately terminate or suspend any user accounts or passwords in the event of any conduct that we deem, in our sole discretion, to be illegal, improper, unacceptable or in any way a breach of this Agreement. In the event of termination or suspension, you agree immediately to cease access to the Site and any of our services or products.
Modification of this Agreement
We reserve the right at all times to discontinue or modify any part of this Agreement and/or the services and products we offer, as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we will notify you by sending you an email to the email address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms and Conditions will be effective upon the earlier of our sending an email notice to you or our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Your use of the Site after we update these Terms and Conditions will constitute acceptance of the modified Terms and Conditions. We suggest that you revisit the Terms and Conditions on occasion to ensure that you stay informed of any notifications of changes to the Site.
Modification of the Site
We reserve the right, in our sole discretion, to improve, modify, discontinue or remove any functionality, information or content appearing on the Site.
Disclaimer of Warranty
Shark Charts EXPRESSLY DISCLAIMS AND MAKES NO WARRANTIES ABOUT THE SITE, ITS SERVICES OR PRODUCTS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND ABOUT THE SITES, SERVICES, OR ANY THIRD-PARTY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY US, UNLESS SPECIFIED IN WRITING. NO PRODUCTS, SERVICES, OR CONTENT PRODUCED BY SHARK CHARTS IS FINANCIAL ADVICE AND WILL NOT BE CONSTRUED AS FINANCIAL ADVICE. TRADING IS A HIGH RISK ACTIVITY AND SHARK CHARTS WILL NOT BE HELD RESPONSIBLE FOR ANY LOSSES OR DAMAGES OCCURRING DIRECTLY OR INDIRECTLY FROM SHARK CHARTS.
SHARK CHARTS AND ITS OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, MERCHANTS, VENDORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (AND THEIR OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS), HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SITE AND SERVICES AND PRODUCTS RELATED TO THE SITE:
• ARE MERCHANTABLE;
• ARE FIT FOR A PARTICULAR PURPOSE OR NEED;
• ARE NON-INFRINGING;
• CONTAIN ACCURATE, GENUINE, COMPLETE, UP TO DATE, OR RELIABLE INFORMATION INCLUDING INFORMATION ABOUT SPECIALS;
• PROVIDE TIMELY, SECURE AND UNINTERRUPTED RESULTS AND SERVICES;
• PROVIDE QUALITY, ERROR FREE OR ANYTHING OTHER THAN “AS IS” RESULTS AND SERVICES; OR
• WILL HAVE COMMUNICATIONS SENT TO YOU THAT ARE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, GIVEN BY A SHARK CHARTS AGENT OR REPRESENTATIVE SHALL CREATE A WARRANTY.
Limitation of Liability
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH ANYONE ELSE WHO USES THE SITE AND/OR POSTS CONTENT ON THE SITE. AS STATED ABOVE, Shark Charts MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT, THE SITE OR ANYONE USING IT.
IN NO EVENT SHALL SHARK CHARTS OR ANY OF ITS OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, MERCHANTS, VENDORS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (OR ANY OF THEIR OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS AND CONDITIONS. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF POTENTIAL DAMAGES TO YOU. SHARK CHARKS MAKES NO GUARANTEES FOR THE PERFORMANCE OF ANY CONTENT PRODUCED BY SHARK CHARTS AND WILL NOT BE HELD RESPONSIBLE FOR ANY ACTIONS YOU TAKE IN RESPONSE TO SHARK CHART’S PRODUCED CONTENT, INCLUDING BUT NOT LIMITED TO TRADE CALLS, LESSONS, INDICATORS, AND VIDEO PERFORMANCES.
YOUR SOLE AND EXCLUSIVE REMEDY AGAINST SHARK CHARTS FOR ANY DISPUTE YOU HAVE WITH US SHALL BE TO DISCONTINUE YOUR USE OF THE SITE, AND THE SERVICES AND PRODUCTS RELATED TO THE SITE. ANY POTENTIAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT AND YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU, IF ANY, FOR THE SPECIFIC SERVICE OR PRODUCT AT ISSUE, DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
Indemnification and Release
You agreed to defend, indemnify and hold harmless Shark Charts and its owners, managers, officers, employees and agents from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of or related to your use of the Site, your User Content, or any services and products related to the Site, your violation of any of these Terms and Conditions, your violation of this Agreement, your violation of any third-party right or your willful misconduct or negligence. This indemnification obligation shall survive the termination of this Agreement and your use of the Site.
You are solely responsible for your interactions with users of the Site. To the extent permitted under applicable laws, you hereby release Shark Charts from any and all claims or liability related to any content, service, product, or media referenced on the Site, any action or inaction by a user, including a user’s failure to comply with applicable law and/or these Terms and Conditions.
Choice of Law and Venue
Any disputes arising out of or related to these Terms and Conditions and/or any use by you of the Site shall be governed by and interpreted according to the laws of the State of Colorado, without regard to its choice of law rules and without regard to conflicts of laws principles. The Parties hereby irrevocably consent and submit to the nonexclusive jurisdiction of the courts of the State of Colorado, City of Denver, and any federal court sitting within the State of Colorado for the purpose of adjudicating any dispute or claim arising in connection with this Agreement or the breach, validity or enforceability of any provision of this Agreement. Each Party hereby irrevocably consents to the service of process, by personal service or by registered mail, postage prepaid, in each case, either within or without the State of Colorado.
Failure of any party to this Agreement to require performance by another of any provision expressed herein shall in no way affect that party’s right to thereafter enforce such provision; nor shall the waiver by any party of any breach of any provision expressed herein be taken or held to be a waiver of any succeeding or other breach of such provision or as a waiver of the provision itself or of any other provision.
If any provision of this Agreement is declared void or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from the remaining portion of this Agreement, which shall otherwise remain in full force and effect. This Agreement is between you and Shark Charts, LLC.
Correspondence should be directed to: Shark Charts, LLC, —
Last updated: December 6th, 2018