The Site is owned and operated by Seahawk Global, Inc., a Delaware limited liability company. The site and the Seahawk Apps should be directed to the appropriate merchant members.
The information contained on the Site and the Seahawk Apps regarding prices, specifications, and availability of the products and/or services listed on the Site and the Seahawk Apps has been provided by us.
PROPERTY RIGHTS; COMPLIANCE WITH LAW
We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the Site andthe Seahawk Apps except for those devices expressly authorized by us in writing. We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of access to the Site and the Seahawk Apps.
HYPERLINKS; THIRD PARTY WEBSITES; SOCIAL MEDIA WEBSITES
DMCA NOTICE; COPYRIGHT AGENT
We respond to notices of alleged copyright infringement in accordance with the process set forth in the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). If you are a copyright owner or an agent thereof and believe that any materials accessible on or from the Site or Seahawk Apps infringe your copyright, you may submit written notification pursuant to the DMCA by providing our Copyright Agent (designated below) with all of the following information in writing (collectively, “DMCA Notice”):
A. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. identification of the copyrighted claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. identification of the material that is claimed to be infringing or to be the subject of an infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
D. information reasonably sufficient to permit the service provider to can contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
E. a statement that the complaining party has a good faith belief that the use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law
F. a statement that the information in the notification is accurate, current, and valid; and
G. a statement, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
You may direct any DMCA Notice(s) to our designated Copyright Agent at___
You acknowledge that if you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Suppose you knowingly misrepresent that material or activity on the Site or Seahawk Apps infringes your copyright. In that case, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. We reserve the right, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.
Suppose you believe that your copyrighted materials removed on or from the Site (or to which access was disabled) are not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or according to the law, to post and use the material in your content. In that case, you may send a counter-notice containing the following information to our Copyright Agent:
A. your physical or electronic signature;
B. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
C. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
D. your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court located in New York, New York, and a statement that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
DISCLAIMERS; CONTENT TO BE CONSULTED IN ITS ENTIRETY
You agree to comply with any rules, restrictions, and disclaimers posted on the Site and Seahawk Apps. All such materials are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, and copyright or proprietary notices. Disclaimers, conditions, disclosures, or other clauses apply to any partial document or material in the same manner as they do to the whole and will be deemed incorporated in the portion of any material or document that you consult or download.
In connection with your use of or access to the Site and the Seahawk Apps, we may provide you with usernames, passwords, and/or other unique identifiers (“User Codes”). You are responsible for the security and confidentiality of the User Codes and agree not to disclose them to any third party. You are responsible for any information provided and any orders, acts, and omissions that occur while User Codes and a mobile phone that has a phone number provided by you and recognized by our systems to be associated with the User Codes are/are being used, in each case, whether by you or a third party. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify us immediately in the event of loss, theft, or disclosure of any or all of the User Codes if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site or the Seahawk. You are limited to one User Code. Duplicate User Codes may be revoked. We reserve the right to revoke or modify the User Codes at any time with or without prior notice.
CONSENT TO RECORDING AND MONITORING
You consent to our recording, retention, and use of all content, information, and data, including images, that you input or otherwise communicate during your access to and/or use of the Site and the Seahawk Apps or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates, subsidiaries, branches, and third parties for order and further processing, database maintenance, record keeping or any other use following customary practices, policies and procedures applicable in the United States and, of course, our privacy policies[HA1]. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations, or orders or in the enforcement of our rights or the defense of claims. We expressly reserve the right (but have and shall have no obligation) to monitor any and all access to and/or use of the Site and the Seahawk Apps.
CONSENT TO RECORDING OF TELEPHONE CALLS
You acknowledge that from time to time, we may record specific telephone calls used for customer service and/or related purposes. To the extent that any such recording occurs involving you, you consent to such recording.
USE OF E-MAIL AND OTHER ELECTRONIC MESSAGES
You acknowledge that any electronic mail, chat, information, submission, or instant messenger communication, whether transmitted through the Internet, the Site, the Seahawk Apps, a proprietary network, wireless device, or otherwise (collectively, “Electronic Messages”) may not be secure and communications using Electronic Messages may not be confidential.
In addition, we assume no responsibility to update any information communicated to you using Electronic Messages. Furthermore, even if our representative has communicated with you using Electronic Messages, the representative may not (and we assume no obligation to) timely see, process, act on or respond to any message you sent using Electronic Messages.
DISCLAIMER OF WARRANTIES
THE SITE AND THE SEAHAWK ARE PROVIDED ON AN “AS IS, ” “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEAHAWK HEREBY DISCLAIMS ANY AND ALL WARRANTIES, GUARANTIES, CONDITIONS, COVENANTS, AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY RELATED TO MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES AS TO THE OPERATION OF THE SITE AND THE SEAHAWK, AND THE SEAHAWK PARTIES MAKE NO WARRANTY THAT (i) THE OPERATION OF THE SITE, OR THE SEAHAWK APPS WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE, OR THE SEAHAWK APPS WILL BE UNINTERRUPTED OR ERROR-FREE, OR (iii) DEFECTS, IF ANY, WILL BE CORRECTABLE OR CORRECTED, OR OTHER ATTRIBUTES, WHETHER EXPRESS OR IMPLIED (IN LAW OR FACT), ORAL OR WRITTEN, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE SEAHAWK HAS NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES WE OR OTHER THIRD PARTIES EXPERIENCE CONCERNING THE USE OF THE SITE OR THE SEAHAWK APPS OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. YOU (AND NOT THE SEAHAWK PARTIES) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER, MOBILE PHONE, TABLET, AND/OR OTHER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING OR USING THE SITE, OR THE SEAHAWK APPS. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE AND THE DIBLLE APPS OR ANY OTHER SITE, LOCATION, OR SOURCE TO WHICH WE LINK, AND ALL OPERATIONS ON THE SITE AND THE SEAHAWK APPS ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
LIMITATION OF LIABILITY
BY USING THE SITE AND THE SEAHAWK APPS, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD THE SEAHAWK PARTIES LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING THE ONES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SEAHAWK APPS OR THE CONTENT (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT AVAILABLE ON THE SITE, THE SEAHAWK APPS, OR ANY OTHER LINKED SITE, LOCATION OR SOURCE. NONE OF THE SEAHAWK PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS.
YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that:
A. (i) you are the person to whom the User Codes you used to access the Site or the Seahawk Apps were issued by us, and the information you provided to us in connection with the issuance of the User Codes, if any, was and is true, accurate, current and complete, or (ii) you are accessing the Site or the Seahawk Apps on behalf of the company or organization to whom the User Codes you used to access the Site if we issued the Seahawk Apps;
C. you will not reverse engineer, decompile or reverse compile any of our technology;
D. unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of the Site or the Seahawk Apps;
F. if we grant you access to the Site and the Seahawk Apps in your capacity, you are of the age of majority; and
LOCATION; GOVERNING LAW
Last Updated: January 2020