PLEASE REVIEW THE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR ACCESSING OR OTHERWISE USING THE SERVICE OR ANY OF ITS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SERVICE.
Grant of Rights
Iron Bay may make available mobile apps for access to and use of certain components of the Service (the “Apps”). Your access to and use of such mobile apps is subject to the applicable end user license agreement for each App. Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by Iron Bay.
Iron Bay reserves the right, in its sole discretion, to allow or deny access to the Service to any party.
Iron Bay offers users of the Service the opportunity to sign up for a free member account at the Iron Bay website.
You may browse the Service without registering, but some features may not be accessible unless you register. In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Iron Bay reasonably suspects that you have done so, Iron Bay may suspend or terminate your account.
You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify Iron Bay immediately of any unauthorized use of your account or password or any other similar breach of security.
Rights to Content
You acknowledge and agree that Iron Bay and its licensors own all rights, title and interest (including, but not limited to, intellectual property rights) in the Service and all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags and/or other material accessible through the Service (“Content”) and other materials within the Service.
Restrictions Governing the Use of the Service
As a condition of your use of the Service, you shall not:
- upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
- impersonate any person or entity, including, but not limited to, Iron Bay personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- use Service in any manner that could damage, disable, overburden, or impair the Service;
- use any device, software, routine or other means to interfere or attempt to interfere with the proper working of the Service or the Iron Bay website;
- take any action that imposes an unreasonable or disproportionately large load on the Service or our infrastructure;
- interfere with or disrupt any computer networks involved in the provision of the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- interfere with any other party’s use of the Service or the Iron Bay website;
- use the Service in such a way as to gain unauthorized access to the computer systems of others;
- sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password; or
- use spiders, crawlers, robots or any other similar means to access the Service or substantially download, reproduce or archive any portion of the Service, or otherwise engage in any data-mining activities using the Service or in any commercial use of the information obtained through the Service.
No Professional Advice
All Content is provided for informational purposes only. By no means is any Content intended to substitute for the advice that may be provided to you by a professional. If you need specific advice (e.g., engineering, scientific, risk management, appraisal, valuation, legal), please seek a professional who is licensed or knowledgeable in that area. You are solely responsible for selecting the appropriate equipment for your needs.
If you elect to provide or make available to Iron Bay any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), Iron Bay shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you.
Dealings with Other Third Party Partners
Your dealings with our third party partners, who market, sell, provide or offer to sell or provide any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third-party partner. You agree that Iron Bay shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
Links and External Materials
Modifications to the Service
Iron Bay reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. You agree that Iron Bay shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service (or any portion thereof).
You acknowledge and agree that the internet is an unreliable, unsecured, and error-prone network and Iron Bay Parties cannot and do not guarantee continuous, uninterrupted or secure access to the Service. You agree to hold Iron Bay Parties harmless for any interruptions in the Service, or your inability to reach or effectively use the Service.
THE SERVICE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IRON BAY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IRON BAY PARTIES DO NOT WARRANT AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE SERVICE OR THE FUNCTIONS, FEATURES, CONTENT OR OTHER MATERIALS CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS WILL: (A) BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; OR (B) MEET YOUR REQUIREMENTS. IRON BAY PARTIES FURTHER DO NOT WARRANT AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE RESULTS, INCLUDING THE ACCURACY OR RELIABILITY OF SUCH RESULTS, THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICE OR THE FUNCTIONS, FEATURES, CONTENT OR OTHER MATERIALS CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IRON BAY PARTIES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.
You acknowledge and agree that any information, data or other materials that you obtain from or through the Service, whether provided by Iron Bay Parties or others, may contain errors or be inaccurate or incomplete. It is solely your responsibility to confirm the accuracy, completeness and reliability of any such information, data or other materials.
Limitation of Liability
IN NO EVENT SHALL IRON BAY PARTIES BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST REVENUES AND OTHER SUCH DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF IRON BAY PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL IRON BAY PARTIES BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RESULTING FROM: (A) THE FAILURE OF ANY INFORMATION OR DATA TO BE TRANSMITTED OR RECEIVED IN A TIMELY FASHION; (B) THE INTERRUPTION OF ANY DATA TRANSMISSION; (3) THE DOWNLOADING OF ANY APPLICATIONS OR INFORMATION RELATED TO THE SERVICE; OR (4) THE USE OF OR INABILITY TO USE THE SERVICE.
IN NO EVENT SHALL THE IRON BAY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TERMS AND CONDITIONS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE EXCEED US$50 OR ITS EQUIVALENT IN ANOTHER CURRENCY. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Forum for Disputes
Class Action Waiver
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, You agree and understand that you will not bring against Iron Bay, or any of its affiliates or related entities, and the directors, officers, agents, and/or employees any class, CONSOLIDATED OR REPRESENTATIVE action related to your access to, dealings with, or use of our Service, AND ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.
No Third-Party Beneficiaries