The Sails Company (“Treeline”) is pleased to give you access to our website and related applications and resources (collectively, the “Service”). Your use of the Service is subject to the binding legal agreement set forth below (“Terms”).
OUR SERVICE IS INTENDED FOR USE BY PERSONS OVER THE AGE OF 13. YOU MUST BE 13 YEARS OLD OR OLDER IN ORDER TO ACCESS AND USE OUR SERVICE. IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU MUST OBTAIN YOUR PARENT’S OR LEGAL GUARDIAN’S PERMISSION TO ACCESS AND USE OUR SERVICE.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue all or any part of the Service, including, but not limited to (i) restricting the time all or any part of the Service is available, (ii) restricting the amount of use of all or any part of the Service is permitted, and (iii) restricting or terminating any user’s right to use all or any part of the Service, with or without notice; (b) charge fees in connection with the use all or any part of the Service; (c) modify or waive any fees charged in connection with all or any part of the Service; or (d) offer opportunities to some or all users of all or any part of the Service. You agree that neither we nor any of our affiliates will be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Service, in whole or in part, or of any service, content or feature offered through the Service.
You understand we may revise these Terms from time to time without giving you any notice. If we make a material change to the Terms, we will give you notice at least seven days before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of all or any part of the Service following the posting of changes to these Terms will mean you accept those changes. Unless we let you know by posting changes to these Terms or otherwise giving you notice, any new features or updated content or applications that we make available in connection with the Service will be subject to these Terms. We may provide notice of changes to these Terms by posting a notice or link to a notice on our homepage or your account login page.
BY USING THE SERVICE, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE SERVICE FOR ANY PURPOSE.
Treeline grants you a personal, revocable, non-exclusive, non-sublicensable and non-transferable right and license to use the Service in the manner permitted by the Terms. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, applications, products or other materials obtained from the Service, except as set forth in these Terms. Additionally, you may not: frame or mirror any part of the Service without our express prior written consent; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service, create a database by systematically downloading and storing content from the Service; intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather information, content or other materials from the Service or reproduce or circumvent the navigational structure or presentation of the Service.
Except for allowing you to use the Service as expressly set forth in these Terms, when you use the Service you are not receiving a license or any other rights from us, including any intellectual property or other proprietary rights of Treeline. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICE OR ANY OTHER TREELINE PROPERTY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
In order to access some features of the Service, you will have to create an account. In some cases, you may be asked to agree to changes to these Terms when you login to your account and if you do not agree to the new Terms you may reject the changes by terminating your account, in which case you will no longer be allowed to use the Service.
You agree not to use another’s account without permission. When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Treeline will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Treeline or others due to such unauthorized use.
Treeline, in its sole discretion, may refuse to recognize the transfer of any accounts or any other information or attributes associated with any accounts. You may not purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, or offer to purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, and any such attempt shall be null and void.
You understand that certain versions or features of the Service may be offered, from time to time as a "Beta Service" which means that they are still under development and that they are being provided for the purpose of gathering input about the way you use those versions or features, the stability of those versions or features or other information helpful as we develop non-Beta versions. When using a Beta Service, you are considered a "Beta User." We grant Beta Users a personal, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Beta Service, solely for testing and evaluation purposes. We reserve the right to discontinue the Beta Test at any time and to refrain from offering a commercial version of the Beta Service. We also reserve the right to alter features, licensing terms, or other characteristics of any commercial version of the Beta Service we may choose to release. As a Beta User, you acknowledge that the Beta Service is experimental and may have defects or deficiencies that cannot or will not be corrected by Treeline and/or its licensors or other suppliers. Treeline is under no obligation to release the Beta Service commercially, to continue offering the Beta Service, to provide Beta Users with any hard-copy documentation, support, assistance, error corrections, updates, upgrades, bug fixes and/or enhancements, or to offer any final version the Beta Service to Beta User. Beta Users have sole responsibility for the adequate protection and backup of their data used with the Beta Service. Certain Beta Services may be provided to you contingent on your agreement not to disclose any information about the nature of the Beta Services, your experience using the Beta Services or other aspects of the Beta Services features, functionality, technical specifications or quality. In such cases, you hereby agree not to disclose such proprietary information to any third party without the express written consent of Treeline.
You acknowledge that feedback concerning your experiences with the Service is essential to its improvement. You agree that Treeline or its licensors may gather information from you relating to your use of the Service, including frequency of nature of use. You also agree that we may solicit your feedback concerning your experience with this Beta Service via a survey or other means. Such information will be used in connection with evaluating and improving the Service. You agree that Treeline may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Service. You hereby grant Treeline a royalty-free, fully-paid, worldwide, exclusive, transferable, sublicenseable, irrevocable and perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Service.
If you post, link to or contribute any information, materials or content (collectively, referred to herein as “Content”), you guarantee, represent and warrant to us that:
You acknowledge that Treeline has no responsibility or liability for the deletion or failure to store any Content or any other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up any Content.
The Service is owned by Treeline or its licensees and protected by applicable law, with all rights reserved. Treeline takes the protection of intellectual property rights, including copyrights, very seriously. Treeline will terminate your access to, or use of, all or any part of the Service, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Treeline if they have a good-faith belief that their protected works are being infringed. Treeline will respond to all such notifications that are sent to:
The Sails Company
Attn: DMCA Notification
3801 N Capital of Texas Highway
Suite E240, #208
Austin, Texas 78746
To be effective, the notification must be a written communication that includes:
An effective counter-notification must be sent to Treeline’s designated agent, whose name and address are listed above. The notice must include the following information:
TREELINE is a trademark of Treeline. Other trademarks are the property of their respective owners.
Any download from the Service or otherwise through the Service is further subject to United States export controls. No downloads may be made from or through the Service, or otherwise exported or re-exported (i) into (or to a national or resident of) Iran, North Korea, Cuba, Syria, and Sudan or any other country to which the U.S. has embargoed goods; or (ii) to any person or entity subject to U.S. sanctions regardless of location. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. The Company is making our Services available to you only on the condition that you certify that you are not such a person or entity and that the download or other use is not otherwise in violation of United States export control and sanctions regulations.
Our Services and related documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, modification, reproduction, release, performance, display or disclosure of our Service or related documentation by or on behalf of the United States Government is subject to restrictions as set forth in these Terms.
We believe that all users benefit from basic rules regarding conduct while using the Service. Widespread use and enjoyment of the Service is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Service:
If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Service without giving you any notice. In the event that your rights to use the Service are terminated, you will immediately lose access to any information that may be on the system.
We can terminate your access to the Service at any time. We may also remove any Content that you post without cause and without notice to you.
YOU UNDERSTAND THAT TREELINE IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SERVICE FOR ANY REASON, WHETHER BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SERVICE AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD TREELINE AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SERVICE, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO THE SERVICE, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE (INCLUDING ANY DOWNLOAD FROM THE SERVICE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT TREELINE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT TREELINE DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, TREELINE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF OUR SERVICES (OR YOUR INABILITY TO USE OUR SERVICES), IN NO EVENT WILL TREELINE OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE SERVICE, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR TREELINE, EVEN IF TREELINE HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES OR (B) ANY OTHER DAMAGES IN EXCESS OF USD$100.00 OR, IF GREATER, THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH OUR SERVICES IN THE SIX MONTHS PRIOR TO SUBMITTING NOTICE OF YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF TREELINE OR ITS AFFILIATES SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH OUR SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL TREELINE OR ITS AFFILIATES BE LIABLE FOR A FAILURE OR DELAY TO PERFORM RESULTING FROM CAUSES OUTSIDE THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, NATURAL DISASTERS, WAR, TERRORISM, GOVERNMENT ACTION/INTERVENTION, ACCIDENTS, STRIKES, LABOR ISSUES, GEOPOLITICAL CONFLICTS, OR DISRUPTIONS TO TRANSPORTATION, SUPPLIES, POWER, OR NETWORK INFRASTRUCTURE.
These Terms are made under and will be governed by and construed in accordance with the laws of the State of Texas, consistent with the Federal Arbitration Act, without giving effect to any principals that provide for the application of the law of another jurisdiction. If you are a California resident, you waive the rights afforded to you under California Civil Code § 1542, and if you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
PLEASE READ THIS PROVISION CAREFULLY BECAUSE IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES BETWEEN YOU AND US THROUGH BINDING ARBITRATION INSTEAD OF THROUGH A JUDGE OR JURY TRIAL AND CLASS OR REPRESENTATIVE ACTION. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF OUR RELATIONSHIP AND THESE TERMS.
Except to the extent you and Treeline have entered into a separate written agreement that is expressly intended to supersede these Terms either in whole or in part, these Terms are the entire agreement between you and Treeline and they supersede any and all prior or contemporaneous agreements between you and Treeline relating to your use of the Service. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable. Notice to you may be made by displaying notices or links to notices to you generally on the Service. IN THE EVENT THAT YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE FOR ANY PURPOSE.
Last Updated: June 30, 2015