This document was last modified on November 15, 2007 to comply with the Online Privacy Protection Act of the state of California, effective immediately.
License to Use the Site
WEARETHESHIP.COM, and Kadir Nelson, Inc. grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. Except as expressly provided herein or otherwise allowed by WEARETHESHIP.COM, and Kadir Nelson, Inc., you may not use the Site or the Services for any commercial purpose.
Changes to Terms and Conditions of Use
WEARETHESHIP.COM and Kadir Nelson, Inc. reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, or to incorporate service fees for Members, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes. Members will be notified by email when the terms and conditions are updated.
WEARETHESHIP.COM, and Kadir Nelson, Inc. own, control, license or have the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. WEARETHESHIP.COM, and Kadir Nelson, Inc., and/or its third party providers, are the owners of the copyright in the entire Site. WEARETHESHIP.COM, and Kadir Nelson, Inc. own a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, mirror, or in any way exploit the Site or any portion thereof for any public or commercial use, other than as expressly provided by these terms and conditions of use, without the express written permission of WEARETHESHIP.COM, and Kadir Nelson, Inc.. You may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in or on such Content, including without limitation trademarks and service marks of WEARETHESHIP.COM and its affiliates or the copyright holder identified in the individual Content’s copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of WEARETHESHIP.COM, and Kadir Nelson, Inc. and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.
This Site also contains trademarks of WEARETHESHIP.COM protected under United States and International Trademarks laws. Use of such marks without WEARETHESHIP.COM, and Kadir Nelson, Inc.’s written permission is strictly prohibited.
Change to Site or Content
WEARETHESHIP.COM, and Kadir Nelson, Inc. shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services, including but not limited to Content, features, or hours of availability. WEARETHESHIP.COM, and Kadir Nelson, Inc. may also impose limits on certain features and Services or restrict your access to parts or all of the Site without notice or liability.
Acceptable Use Policy
As a condition of your use of this Site and the Services, you warrant to WEARETHESHIP.COM, and Kadir Nelson, Inc. that you:
You shall indemnify, defend and hold harmless WEARETHESHIP.COM and Kadir Nelson, Inc., and all their officers, directors, owners, agents, employees, content providers, partners, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site or receipt or use of the Services. WEARETHESHIP.COM and Kadir Nelson, Inc. reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of WEARETHESHIP.COM and Kadir Nelson, Inc..
Links to Other Web Site
The Site may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from our Site do not constitute an endorsement by WEARETHESHIP.COM or Kadir Nelson, Inc. or any of its subsidiaries, partners and affiliates of any third party resources or their services or contents. Links do not imply that WEARETHESHIP.COM or Kadir Nelson, Inc. or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of WEARETHESHIP.COM or Kadir Nelson, Inc. or any of its affiliates. WEARETHESHIP.COM and Kadir Nelson, Inc.are not responsible for content on or services provided by other Web sites that are linked to or from the WEARETHESHIP.COM site, including without limitation WEARETHESHIP.COM and Kadir Nelson, Inc.’s partners’ Web sites and services. You should direct any concerns regarding any external link to its site administrator or Webmaster.
Disclaimer of Warranties and Damages; Limitation of Liability
THE SITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED TO SITE VISITORS, AND ANY OTHER THIRD PARTY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WEARETHESHIP.COM OR KADIR NELSON, INC. NOR ITS CONTENT PROVIDERS OR PARTNERS WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, MEANINGFULNESS, OR RELIABILITY OF THE SITE, CONTENT, MATERIALS, SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SITE, ANY PRODUCTS OR SERVICES OF OR HYPERTEXT LINKS TO, THIRD PARTIES OR FOR ANY brEACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. WEARETHESHIP.COM AND ITS PARTNERS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO WEARETHESHIP.COM’S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES SHALL WEARETHESHIP.COM or Kadir Nelson, Inc., ITS SUBSIDIARIES, PARTNERS, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN 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 NO EVENT SHALL THE TOTAL LIABILITY OF WEARETHESHIP.COM, ITS SUBSIDIARIES, PARTNERS AND AFFILIATES 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 THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, $100.00.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to WEARETHESHIP.COM or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and WEARETHESHIP.COM or any WEARETHESHIP.COM affiliate or subsidiary other than pursuant to these terms and conditions of use. WEARETHESHIP.COM or Kadir Nelson, Inc. shall not be responsible for the payment of any monies to any party in connection with WEARETHESHIP.COM or Kadir Nelson, Inc.’s use of Communications submitted by you to the Site.
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site or Services for any commercial purpose.
Non-United States Residents
WEARETHESHIP.COM or Kadir Nelson, Inc. make no representation that materials in the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in San Diego County in the State of California and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and WEARETHESHIP.COM and Kadir Nelson, Inc. with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or WEARETHESHIP.COM or Kadir Nelson, Inc. of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
During your visit to the Site, we may request non-personally identifiable demographic and profile data, though your provision of this information is optional. We may use this data to improve our Site and enhance your experience. For example, we may use this data to tailor your experience at our Site, show you content that we think you might be interested in, and display content according to your preferences. We will not share this information with others.
As you browse the Internet, a trail of electronic information is left at each Web site you visit. This information, which is sometimes called “clickstream” data, can be collected and stored by a Web site’s server. Clickstream data can tell us the type of computer and browsing software you use, the address of the Web site from which you linked to the WEARETHESHIP.COM Site, and in some instances, your e-mail address. We may use clickstream data to determine how much time visitors spend on each page of our Site and how they navigate throughout the Site. We will only use this information to improve the WEARETHESHIP.COM Site.
Non-Personal Information collected
We use personal information provided by customers to notify customers about opportunities, deliver WEARETHESHIP.COM newsletters and otherwise communicate with customers about WEARETHESHIP.COM and its products and services. WEARETHESHIP.COM will not share any personal information of customers with any unaffiliated third parties, without your consent.
We may use your IP address to help diagnose problems with our server, and to administer our Site. Your IP address is used to help identify you for the duration of a session and to gather broad demographic information.
Personal Information collected
All Site visitors:
Vistors/Customers who complete a purchase:
No Personal Information is shared with any other third parties.
Consent to Processing
By providing any personal information to this Site, you fully understand and unambiguously consent to the collection and processing of such information in the United States and/or any other country.
Our Site may contain links to other sites. Other sites may also reference or link to our Site. WEARETHESHIP.COM is not responsible for the privacy practices or the content of such other sites.
We may supplement the information that you provide to us with information that is received from third parties.
We take seriously the security for all personal and non-personal information associated with our visitors and participants by using secure communications for all such data. However, due to the open communication nature of the Internet, we can not guarantee that communications between you and WEARETHESHIP.COM, and WEARETHESHIP.COM and you, will be free from unauthorized access by third parties.
Your Acceptance of this Policy