Terms and Conditions
LICENSE AGREEMENT, CLICK-WRAP END USER (Rev. 1.0)
IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT ("EULA"). YOU WILL BE ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT THE TERMS OF THE EULA. YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE UNLESS AND UNTIL YOU ACCEPT THE TERMS OF THIS EULA.
This EULA is a binding legal agreement between you and Vessel Management LLC d/b/a Managemyvessel.com(hereinafter "Licensor") for the materials accompanying this EULA, including the accompanying computer software, associated media, printed materials and any "online" or electronic documentation (hereinafter the "Software"). By using or installing this software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or attempt to use the Software.
- Grant of License. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. This EULA grants you a limited, non-exclusive license with the following rights: A.You may install, use, access, display and run as many copies of the software as required on as many computers as require. B. You may run this software from any computer that has internet access. No additional licenses are required for accessing or running this software from additional computers. C.Your license rights under this EULA are limited and non-exclusive. All rights not expressly granted herein are reserved by Licensor. D. You may not sell, transfer or convey the Software to any third party without Licensor's prior express written consent.
- Price and Payment.Monthly fee for the use of the software will be determined at signup and based on the version to which you subscribed. You must pay the license fee within the period indicated in the applicable invoice sent to you by Licensor. This invoice will be sent on a monthly basis via email. Where payment is made via Credit card, Licensor will charge your selected credit card the monthly subscription fee once each month. The charges will be for the following month; the charges will be made at approximately the same time every month. Licensor has contracted with authorize.net to handle all its credit card processing; therefore, Licensor retains no credit card information on its own servers. Prices are subject to change upon ninety  days prior written notice. Where payment is made via another payment method, the customer shall have 14 days from invoice date to pay the invoice in full.
- Support Services. Licensor may provide you with support services related to the Software ("Support Services"), at its discretion. Use of Support Services, if any, is governed by Licensor's policies and programs described in our website and online documentation, and/or in other Licensor-provided materials. Any supplemental Software code provided to you as a part of Support Services will be considered part of the Software and subject to the terms of this EULA. With respect to technical information you provide to Licensor as part of the Support Services, Licensor may use such information for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support.
- Replacement, Modification and/or Upgrades. Licensor may, from time to time, replace, modify or upgrade the Software. When accepted by you, any such replacement or modified Software code or upgrade to the Software will be considered part of the Software and subject to the terms of this EULA (unless this EULA is superseded by a further EULA accompanying such replacement or modified version of or upgrade to the Software). Licensor shall provide a standard format and array of services; should you desire other services Licensor will provide the requested services for a fee at Licensor’s sole election.
- Termination and Nonpayment.You may terminate this EULA at any time by not paying the monthly subscription fee or cancelling your subscription online. At that time, your account will go into deactivation mode per section “6.” To cancel your subscriptions go to https://account.managemyvessel.com and Choose Cancel my Account.
- Deactivation of Account. Upon nonpayment or Rejected payment, your account will be marked “Billing Error” and your user name and password will be deactivated on our servers and you will have no further access until payment is made current. Failure of your card to accept a given charge will be treated as a cancellation of this Agreement. You must go to https://account.managemyvessel.com and provide credit card information to make payments due and replace the then current credit card designation, if desired. If the problem is not corrected within ninety  days from the original delinquent date, your account will be deleted and all of your data will be deleted from our servers. You shall remain liable for all incurred but unpaid charges.
Therefore, Vessel Management LLC shall only retain customer’s data for a period of ninety  days after cancellation, nonpayment or rejected charges at which time if payment has not been made current, we reserve the right to delete any and all of the customers data held on our servers. Your license to the Software automatically terminates if you fail to comply with the terms of this agreement.
- Copyright. All title and copyrights in and to the “Software” (defined as including, but not being limited to, any and all databases, images, photographs, animations, video, audio, music and text incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by Licensor or its suppliers. This EULA grants you no rights to use such content: A. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. Except for any copies of this EULA, you may not copy the printed materials accompanying the Software. B.You may not reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide others with the Software in whole or part, transmit or communicate the application over a network. C. Licensor owns all right, title and interest, whether by copyright or common law, to all web pages, graphics, databases and codes contained in its web site and on its servers, whether generated by Licensor or any other party. You have been granted a limited and nonexclusive license to use that material. Any other rights in the databases, photos, source code, graphics, work-up files and computer programs remains the sole and exclusive property of Licensor. You, hereby, grant to Licensor the right to use and display any and all applications of the web site made by you, without cost, fee or expense.
- Disclaimer of Warranties. LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU. YOU AGREE TO INDEMNIFY AND HOLD LICENSOR HARMLESS FROM AND AGAINST ANY AND ALL LOSS, LIABILITY AND DAMAGE, WHENEVER AND HOWEVER SUSTAINED BY YOU.
- Limitation of Damages. YOU ACKNOWLEDGE AND AGREE THAT ERRORS IN GENERATING WEBPAGES AND REPORTS ARE POSSIBLE. WHEN SUCH ERRORS ARE IDENTIFIED, LICENSOR WILL INDEVOR TO CORRECT THEM; HOWEVER, YOU AGREE NOT TO HOLD LICENSOR LIABLE, IN ANY MANNER WHATSOEVER FOR SUCH ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Arbitration. Any dispute arising under this EULA will be subject to binding arbitration by a single Arbitrator registered with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The parties agree that this EULA was entered into by you in the State of Florida and will be governed by and construed and interpreted in accordance with the laws of the State of Florida. The arbitration will be held in Florida. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this EULA. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.
- Severability. If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
- No Waiver. No waiver of any right under this EULA will be deemed effective unless contained in a writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.
- Entire Agreement. This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein.
- Confidentiality. Licensor will not share or divulge with, or to, third parties, except as required by law, any of your confident user information, including but not limited to username, password, customer information and contacts, without prior permission, except where necessary to further the corporate management of Licensor, i.e., merger, acquisition and other necessary corporate modifications and changes.
By clicking the "I accept" button below, you agree to the terms of this EULA.