All materials and content displayed on the ActiveCaptain™ web site or transferred and displayed on other products or websites, including, but not limited to, text, images, illustrations, audio and video clips are protected by or consist of copyrights, trademarks, service marks, and/or other intellectual property rights (here and after "Intellectual Property"). The Intellectual Property is governed and protected by United States and worldwide copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes. The Intellectual Property is owned or controlled by Active Corporation ("Active") or other parties that have licensed to Active the right to use their Intellectual Property or the right to market their products and/or services (collectively the "IP Providers"). The Intellectual Property is provided for non-commercial, personal use only. You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the ActiveCaptain web site. You may download any Intellectual Property solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in such Intellectual Property. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) without our prior written consent or that of the IP Providers. Modification of any Intellectual Property or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the ActiveCaptain web site, is prohibited by these Terms. All software, applications, and modules (collectively, "software") used on the ActiveCaptain web site are proprietary to or licensed to us by other parties ("Software Providers", together with IP Providers, the "Providers"). You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any software on the ActiveCaptain web site.

Further, you cannot:

1. Use any device, software, or routine that interferes or attempts to interfere with the normal operation of the ActiveCaptain web site;
   
   
2. Perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment;
   
   
3. Use any "robot", "spider", or other automatic device (or a program, algorithm, or methodology with similar processes or functionalities), or any manual process or functionality, to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on this Site.
   
   

Password Access

Access to portions of ActiveCaptain requires the use of a password which is assigned by you. Your password is to be kept confidential and is not to be disclosed to anyone other than you. You are responsible for all activities that occur through the use of your password, including unauthorized use, and for promptly notifying Active of any unauthorized use of the password or any other breach of security with respect to ActiveCaptain. Active, in its sole and absolute discretion, may at any time terminate or otherwise restrict access to and use of ActiveCaptain by you.

User Information

Content you send to us, whether via e-mail, forms, messages, ideas, and/or suggestions, becomes our sole property and is transmitted at your sole risk. You hereby represent and warrant that you own or have the right to submit the foregoing to us.

You are strictly prohibited from uploading to the ActiveCaptain web site any material that contains any virus, worm, "trojan horse", "time bomb", or similar contaminating or destructive feature. Violators may be prosecuted to the maximum extent of the law.

Scope of Permitted Use

You agree to use ActiveCaptain only for the lawful purposes described above. You shall not: (i) post or transmit on or through any Active Web site any libelous, obscene or otherwise unlawful information of any kind; (ii) interfere with, disable, modify, decompile, or reverse engineer ActiveCaptain in any way; (iii) engage in any conduct involving ActiveCaptain that would constitute a criminal offense or give rise to civil liability under any local, state, federal or other law or regulation; or (iv) upload, post, reproduce or distribute to or through ActiveCaptain, including any Active Web site, any material protected by copyright, privacy or other proprietary right without first obtaining a written license from the owner thereof.

Legal Responsibility

The ActiveCaptain web site may contain links to sites that are not maintained by us. While we make every effort to include links to only those sites that are in good taste and safe for our visitors, we do not regularly review materials posted at such sites. These links are provided solely as a convenience to you. We do not necessarily endorse all of the materials appearing on such sites. We shall not be responsible for, and we make no representation regarding, the content on such sites. If you choose to link to any third-party site, you do so at your own risk.

Privacy

You have read our Privacy Policy, the terms of which are incorporated herein, and agree to such terms.

Disclaimer of Warranties

The services and materials on the ActiveCaptain web site are provided "as is". To the fullest extent permissible pursuant to applicable law, we, and our providers or distributors, disclaim all warranties, express or implied, including, but not limited to:

1. Implied warranties or merchantability, fitness for a particular purpose, and title to any of the services and materials provided on the ActiveCaptain web site;
   
   
2. Any warranties that the functions contained in the services and materials will be uninterrupted or error-free, that defects will be corrected, or that the ActiveCaptain web site or the server that makes it available are free of viruses or other harmful components;
   
   
3. Any warranties regarding the use, or results of the use, of the services and materials on the ActiveCaptain web site in terms of their correctness, accuracy, reliability, timeliness, or otherwise. You alone assume any and all costs arising in connection with your use of the ActiveCaptain web site.
   
   

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall we, and/or our Providers, be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the ActiveCaptain web site, or your downloading of any materials, data, text, images or other information from the ActiveCaptain web site. In no event shall we, and/or our Providers, be liable for any injury, loss, claim, damage, or any special, punitive, indirect, incidental, or consequential, damages of any kind (including, but not limited to, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the ActiveCaptain web site or the services or materials on ActiveCaptain web site, even if advised of the possibility of such damages.

Indemnification

You shall defend and indemnify us, our Providers, and each of their respective officers, directors, employees, and agents, from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf or by third parties as a result of your use of the ActiveCaptain web site.

Entire Agreement, Governing Law, Venue, Severability

This agreement, including any other terms and conditions referenced herein, constitutes the entire agreement with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to, this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

By using the ActiveCaptain web site, you signify your binding agreement to these Terms. We reserve the right, in our sole discretion, to change, modify, add, or remove portions or all of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the ActiveCaptain web site following the posting of changes to these Terms (including our "Privacy Policy") constitutes your binding acceptance of those changes.

ActiveCaptain is a trademark of Active Corporation. All rights reserved.