Last revised: December 2, 2016

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. By using or downloading information from this Website, you represent that you have read and understand these Terms of Service and agree to be bound by them. If you do not agree with these Terms of Service, in whole or in part, please do not continue to use this Website.

1. Changes to Terms and Conditions of Use
   Tideworks Technology, Inc. ("Company", "us", or "we") may modify these Terms of Service at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this Website following the posting of changes will indicate your acceptance of those changes.
2. Copyright and Restrictions on Use
   The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, "Materials"), as well as its organization and design are the property of Company or its suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Material, except as follows:
   • Your computer may temporarily store copies of Materials in RAM incidental to your accessing and viewing those Materials.
   • You may store files that are automatically cached by your web browser for display enhancement purposes.
   • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
   You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree to not:
   • Use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
   • Engage in any conduct that restricts or inhibits any other party's use or enjoyment of the Website, or which, as determined by us, may harm us, our customers, or users of the Website, or expose them to liability.
   • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
   • Use any page-scrape, robot, spider, or other automatic device, process, algorithm, program, or methodology to access the Website for any purpose, including monitoring or copying any of the Material.
   • Use any manual process to monitor or copy any of the Material or for any other unauthorized purpose without our prior written consent.
   • Use any device, software, or routine that interferes with the proper working of the Website.
   • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
   • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
   • Otherwise attempt to interfere with the proper working of the Website.
   • Reverse engineer, disassemble, or decompile any software contained on or accessed through the Website.
3. Intellectual Property Notice
   Nothing contained in these Terms of Service shall be construed as conferring any license or right to any trademark or other intellectual property right of Company, its suppliers, Terminal (as defined below), or any other party. "Forecast® by Tideworks" and "Tideworks Technology®" and the related logos displayed throughout this Website are the trademarks or registered trademarks of Company. You may not display, use as a link, or otherwise use any of the trademarks, trade names, service marks, or logos of Company or its suppliers or Terminal without the prior written consent of the owning party. All other trademarks, trade names, service marks, and logos are the property of their respective owners. For purposes of these Terms of Service, "Terminal" shall mean the marine terminal that has licensed or otherwise procured the right to use Tideworks' products that are accessible through this Website.
4. Compliance with Law
   We control and operate this Website from our offices or from a supplier's designated datacenter. Company makes no representation that the Materials are appropriate or available for use in a particular location. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this Website.
5. Other Businesses and Links
   Reference to any specific commercial product, content provider, process, or service by trade name, trademark, service mark, logo, or otherwise does not constitute or imply endorsement by Company or its suppliers or Terminal. This Website may contain links to websites or be linked to websites not under the control of Company or its suppliers or Terminal. Company and its suppliers and Terminal do not endorse the companies, products, or websites that are linked to this Website. Accordingly, neither Company, its suppliers, or Terminal assume any responsibility or liability for the actions, products, or content of linked websites. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
6. Disclaimers
   TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS WEBSITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS SUPPLIERS AND TERMINAL EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET, COMPANY AND ITS SUPPLIERS AND TERMINAL DO NOT WARRANT THAT THIS WEBSITE OR THE MATERIALS: (A) ARE COMPLETELY ERROR FREE; (B) WILL OPERATE WITHOUT INTERRUPTION; (C) ARE CURRENT, ACCURATE, OR COMPLETE; (D) ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS; (E) ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS; OR (F) WILL OTHERWISE MEET YOUR NEEDS.

   Computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers, and other problems ("E-Problems"). We have taken reasonable steps so that E-Problems will not materially affect our business, but do not guarantee that our Website is immune to E-Problems. It is your responsibility to protect yourself from E-Problems. Steps you may consider taking to mitigate the vulnerability of your computer system to E-Problems include using firewalls, password protection, and anti-virus programs.

7. Limitation on Liability
   IN NO EVENT SHALL TERMINAL OR COMPANY, THEIR SUPPLIERS, THEIR AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCOME, OR LOSS OF USE OF EQUIPMENT, SOFTWARE, OR DATA) RELATED TO OR THAT RESULT FROM: (A) YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE MATERIALS; (B) YOUR RELIANCE ON ANY MATERIALS CONTAINED ON THIS WEBSITE; OR (C) ANY GOODS OR SERVICES ADVERTISED ON, OR LINKED TO, THIS WEBSITE, EVEN IF TERMINAL OR COMPANY OR THEIR SUPPLIERS OR AFFILIATES ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ACTED NEGLIGENTLY, OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
8. Restriction, Suspension and Termination
   If Company or its suppliers or Terminal determine, in their sole discretion, that you are using or have used any portion of the Website or the Materials in a manner inconsistent with any of these Terms of Service, Company shall have the right to take appropriate action without prior notice to you including, without limitation, the following: (a) removing any material you have submitted; (b) limiting, restricting, suspending, and/or terminating your access to, and use of, the Website, Materials, or any portion thereof; and (c) seeking any remedies available at law or in equity.
9. Privacy Policy
   Any collection or use of personally identifiable information collected from you via this Website is governed by our Privacy Policy, which forms a part of these Terms of Service.
10. Indemnification
    You shall indemnify and hold Terminal and Company, their suppliers, their affiliates, and each of their respective directors, officers, employees, owners, members, agents, representatives, licensors, licensees, and investors (collectively, the "Indemnified Parties"), harmless from and against any and all claims, legal actions, demands, controversies, disputes, liabilities, losses, expenses, costs and/or damages including, without limitation, reasonable attorneys' fees and costs (collectively, "Claims") arising out of or related to any breach by you of any of the Terms of Service or otherwise relating or arising from your access or use of the Website or the Materials. You shall cooperate, at your expense, as reasonably requested by Company in the defense of all Claims.
11. Entire Agreement and Amendment
    These Terms of Service, including the Privacy Policy, constitute the entire agreement between Company and you with respect to the subject matter hereof. Any and all portions of the Terms of Service may be modified, amended, changed, added, or removed at any time and from time to time at the sole discretion of the Company.
12. Waiver
    No failure or delay on the part of Company to exercise any right, power or remedy under these Terms of Service shall operate as a waiver; nor shall any single or partial exercise by Company of any right, power or remedy under these Terms of Service preclude any other or further exercise of any right, power or remedy.
13. Severability
    The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
14. Governing Law, Venue and Dispute Resolution
    These Terms of Service shall be interpreted, construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the state of Washington, excluding its choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods. All claims or actions arising out of or related to these Terms of Service and your use of this Website and the Materials shall be settled by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Such arbitration shall be held in King County, Washington before one arbitrator selected by mutual agreement of the parties or, absent such agreement, in accordance with the AAA rules. The arbitrator may not award any punitive damages. Any award of the arbitrator may be enforced in any court of competent jurisdiction.

    NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THIS WEBSITE YOU IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, UNITED STATES OF AMERICA.