Terms

A. DATA SECURITY:

Under Massachusetts law, non-affiliated service providers such as Coastal Data Management contractually agree to take reasonable or appropriate measures to protect shared personal information. Coastal Data Management provides data and software AS-IS with no warranties, but will provide all reasonable protections against data breach possible. Under no circumstances is Coastal Data Management liable for a data security breach caused by the operation or performance of the software. The entire risk of use and consequences of use of the software provided falls on the licensee or purchaser of Coastal Data Management's services.

Coastal Data Management will not be liable for any loss or damage caused by a distributed attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or the service or items obtained through the website or the service or to your downloading of any material posted on it, or on any website linked to it.

In no event will Coastal Data Management be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the services or any websites associated with it, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

B. LIMITATION OF LIABILITY:

BY USING OUR INFORMATION AND DATA SERVICES, YOU UNDERSTAND AND AGREE THAT:
Our products, including, without limitation, all content, function, materials and services is provided without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services or Any warranties concerning the availability, accuracy, completeness, usefulness, or content of information and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Coastal Data Management does not warrant that these sites or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. Coastal Data Management makes no warranty that these sites will meet users expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through these sites shall create any warranty not expressly made herein. If you are dissatisfied with this site or the software provided, your sole remedy is to discontinue using them.

Any material, uploaded to, downloaded from or otherwise obtained through the use of this site or any software provided or purchased from Coastal Data Management is done at your own discretion and risk and that you will be solely responsible for any damage that results from the upload or download of any such material.

Coastal Data Management does not endorse, support, warrant or guarantee the completeness, truthfulness, accuracy or reliability of any content posted to or throughout these sites or programs or software. Nor does Coastal Data Management endorse any opinions, products or services offered or provided by or on behalf of the third parties on or through these sites. Coastal Data Management is not a party to, and does not monitor any transaction between users and third parties without the direct involvement of Coastal Data Management.

In no event shall Coastal Data Management, its affiliates or any of their respective directors, officers, employees, agents, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, code, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if Coastal Data Management or its representative or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of Coastal Data Management to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms of your use of these sites exceed, in the aggregate, $100.00.

You agree that the laws of the Commonwealth of Massachusetts excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of this site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim of dispute with Coastal Data Management or relating in any way to your use of this site resides in the state and federal courts located in Massachusetts and you further agree and expressly consent to exercise of personal jurisdiction in the said state and federal courts.

Notices to you may be made via either email or regular mail. Coastal Data Management may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the site.

The Terms constitute the entire agreement between you and Coastal Data Management and govern your use of its site, superseding any prior agreements between you and Coastal Data Management. You also may be subject to additional terms and conditions that are applicable to certain parts of the site that utilize software owned and maintained by other companies.

You agree that no joint venture, partnership, employment, or agency relationship exists between Coastal Data Management and you as a result of this Agreement or your use of this site, or any of the provided software.

Any claim of cause of action you may have with respect to Coastal Data Management or this Site must be commenced within one (1) year after the claim of cause of action arose.

The failure of Coastal Data Management to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties never the less agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign the Terms or any of your rights or obligation under the Terms without Coastal Data Management's express written consent.

The Terms inure to the benefit of Coastal Data Managements, its successors, assigns and licensees.

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