Credits
Springtide™ Research Institute
The content in this application was acquired, developed, and reviewed by the content engagement team at Springtide Research Institute. Content design was coordinated by the passionate team of creatives at Springtide Research Institute.
Copyright ©2021 by Springtide Research Institute 702 Terrace Heights Winona, MN 55987-1320, www.springtideresearch.org. All rights reserved. No part of this application may be reproduced by any means without the written permission of the publisher.
Terms of Use
This application (“App”) is made available by Springtide Research Institute or one of its divisions or subsidiaries (“Springtide Research Institute”). Use of this app is governed by these Terms of Use and the terms of your mobile service provider and mobile device operator. By downloading, installing or using this app, you accept and agree to abide by these Terms of Use. If you do not agree to these Terms of Use, please do not download, install, or use the app. Springtide Research Institute may change these Terms of Use at any time, without notice, effective upon posting the changes. By continuing to use this app, you consent and agree to any posted changes.
The app is designed for use in the United States. Use of the app outside the United States is at your own risk, and Springtide Research Institute does not represent or warrant that the app will function or be available for use outside of the United States.
Only individuals thirteen (13) years of age or older may use the app. If you are between the ages of thirteen (13) and eighteen (18), you must review these Terms of Use with a parent or legal guardian and your parent or legal guardian must acknowledge and agree to these Terms of Use. If your parent or legal guardian does not acknowledge and agree to these Terms of Use, you must immediately uninstall and discontinue your use of this app.
The Springtide Research Institute Privacy Policy is a part of these Terms of Use. By using the app you agree to the terms of the Privacy Policy.
Springtide Research Institute does not knowingly collect, solicit, or allow the posting of personal information from children under the age of thirteen (13). If Springtide Research Institute becomes aware that anyone under the age of thirteen (13) has submitted, sent, or posted any personal information using the app, that information will be deleted as soon as possible.
Grant of License
Springtide Research Institute grants you a limited, revocable, nontransferable license to use and view content on the app on your mobile device for your personal, noncommercial use only. This license is subject to your compliance with these Terms of Use and with the terms of use established by your mobile device and mobile service provider(s).
Submitted or Posted Material
If the app allows you to submit, send, or post material, any information, creative works, ideas, concepts, designs, plans, techniques, or other information contained in any material submitted, sent or posted by you will be deemed not to be confidential. By submitting, sending, or posting any such material, you grant Springtide Research Institute a perpetual, nonexclusive, worldwide, royalty-free, unrestricted, irrevocable and transferable license to reproduce, display, distribute, adapt, transmit, store, edit, and otherwise use such material, in whole or in part, as deemed appropriate or suitable by Springtide Research Institute, including use for promotional or other commercial purposes, and you waive and release any and all claims against Springtide Research Institute for any use of such material.
You represent and warrant that you are the author of all material that you submit, send, or post or that you have secured all necessary licenses and permissions from the author or other owner of the copyright and other rights in and to the material to submit, send, or post the material. You also represent and warrant that all of the information contained in any material submitted, sent, or posted by you will be accurate, will not defame any person, will not be obscene or pornographic, and will not violate any “moral rights” or any person’s right of privacy, publicity, or confidentiality.
Springtide Research Institute is not required to accept any material submitted, sent, or posted by you or to maintain or store any such material. Springtide Research Institute may remove, delete, or destroy any material submitted, sent, or posted by you at any time, with or without cause, and without notice to you.
Prohibited Use
You agree not use the app for any commercial purpose, including but not limited to use of the app to buy or sell goods or services. You agree not to impersonate any person or entity, make any false or misleading indications of origin or endorsement, or submit, send, or post any material which infringes on any right of any person, including but not limited to copyright, trademark, trade secret, patent, right of confidentiality, contract, right of privacy, right of publicity, or any other right. You agree not to submit, send, or post any material which is fraudulent, threatening, harassing, abusive, unlawful, defamatory, obscene, or offensive or which advocates or encourages conduct that would be in violation of law or give rise to civil liability. You agree not to launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers.” You agree not to collect or harvest any personally identifiable information, solicit any person for commercial purposes, upload, transmit, or post any spyware or malicious or harmful code, or prevent any other person from using the app.
Copyright
The app and all content contained in the app, including all computer code and software, is the property of Springtide Research Institute or is licensed to Springtide Research Institute, and is protected by US and foreign copyright laws. You may not copy, reproduce, distribute, display, transmit, or modify any content from the app other than as expressly permitted under these Terms of Use. You may not duplicate or attempt to reverse engineer the app.
Trademarks
All trademarks, service marks, logos, and trade names displayed in the app are the property of Springtide Research Institute. You may not use any Springtide Research Institute or third party trademarks, service marks, logos, or trade names displayed in the app in any manner or for any purpose.
Indemnity
You agree to indemnify, hold harmless and defend Springtide Research Institute and its officers, directors, employees, agents, contractors, successors, and assigns from and against any and all claims, damages, losses, liabilities, judgments, awards, settlements, costs, and expenses (including attorney’s fees and court costs) arising out of or resulting from your use of the app, any material which you submit, send, or post using the app, or the violation by you of any of these Terms of Use. Springtide Research Institute reserves the right to assume defense and control of any matter for which you are obligated to indemnify Springtide Research Institute, and you agree to cooperate fully in any such defense.
Third Party Sites
This app may contain links to third-party websites or allow you to access third-party websites or other features operated or maintained by a third party. You are solely responsible for complying with the rules established for the use of any such third-party websites or other features. Springtide Research Institute does not warrant, endorse, or guarantee any products or services offered by or through any such website, and shall not be responsible or held liable for the content of any such website or for the products or services provided by or through any such website or by the sponsors or hosts of any such website.
Disclaimer of Warranties
THE APP IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION AS TO THE CONTENT OR FUNCTIONS OF THE APP; THE SUITABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON THE APP OR OBTAINED THROUGH USE OF THE APP; YOUR ABILITY TO DOWNLOAD, INSTALL, OR USE THE APP; THE SUITABILITY, SEARCH ABILITY, OPERATION, OR PERFORMANCE OF THE APP; THE COMPATIBILITY OF THE APP WITH ANY MOBILE DEVICE, COMPUTER, OPERATING SYSTEM OR SOFTWARE; OR ANY WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPRINGTIDE RESEARCH INSTITUTE DOES NOT WARRANT THAT THE APP OR ANY SERVER FROM WHICH THE APP IS OBTAINED WILL BE SECURE OR WILL PROVIDE UNINTERRUPTED SERVICE OR BE ERROR-FREE OR FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES. IF YOU ARE DISSATISFIED WITH THE APP FOR ANY REASON, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE APP.
Limitation of Liability
SPRINGTIDE RESEARCH INSTITUTE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR EXPENSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE APP OR YOUR USE OF THE APP, YOUR INABILITY TO USE THE APP, THE PERFORMANCE OF SPRINGTIDE RESEARCH INSTITUTE UNDER THIS LICENSE, THE TERMINATION OF THIS LICENSE FOR ANY REASON, ANY LOSS OF DATA, ANY INTERRUPTION OF BUSINESS, OR ANY INTERRUPTION OR CESSATION OF USE OF THE APP FOR ANY REASON, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILTY OF SPRINGTIDE RESEARCH INSTITUTE FOR ALL CLAIMS, LOSSES, OR DAMAGES RELATED TO OR ARISING OUT OF YOUR USE OF THE APP OR THE TERMINATION OF YOUR LICENSE TO USE THE APP EXCEED THE TOTAL AMOUNT WHICH YOU PAID FOR THE USE OF THE APP. NO CLAIM MAY BE MADE AGAINST SPRINGTIDE RESEARCH INSTITUTE UNLESS SUIT IS FILED WITHIN ONE YEAR AFTER THE EVENT GIVING RISE TO SUCH CLAIM.
Termination
Springtide Research Institute reserves the right to terminate this license and all access to and use of the app without advance notice if you fail to pay the purchase price or if Springtide Research Institute believes that you are in violation of these Terms of Use or are assisting any other party in violating these Terms of Use.
Complete Agreement
These Terms of Use constitute the entire agreement between us with respect to the app and your use of the app, and supersede any prior communications, whether written or oral, on this subject. If any provision is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. No waiver of any the Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by Springtide Research Institute to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Modifications
Springtide Research Institute reserves the right to modify these Terms of Use at any time and in its sole discretion. Changes in the Terms of Use will be effective when posted. Your continued use of the app following the posting of any modifications will constitute your assent to and acceptance of those modifications.
Taxes
You will be responsible for payment of any sales, use, or value-added taxes assessed by any government or government agency or entity in connection with your purchase or use of the app.
No Assignment
The license granted hereunder may not be transferred or assigned. Any attempted transfer or assignment is void and will be grounds for immediate termination of this license.
Survival
Your duties, obligations, representations, warranties, and indemnities and the rights of Springtide Research Institute will survive the expiration or termination of your license to use the app.
Governing Law
This agreement shall be governed by the laws of the State of Minnesota, without regard to its conflicts of law principles. Venue and jurisdiction for all disputes or claims arising under or out of this Agreement or the access to and use of the app shall be exclusively in the federal and state courts serving Winona, Minnesota.