Effective date of this version: August 12, 2020

This notice discloses the terms of use and service for www.sitkainsights.com

Welcome to Sitka Insights’ website (the “Site”), which is operated by SiteCrafting, Inc., a Washington Corporation (“we,” “us,” or “our”). We pride ourselves on providing exceptional services in the field of electronic data storage, digital content hosting, and related services (collectively the “Services”), and we appreciate your visit.

To give you the best online experience possible, we have established these Terms and Conditions (the “Terms”). These Terms spell out what you can expect from us and what we expect from you. By accessing any areas of the Site, all users (“users” or “you”) agree to be legally bound and to abide by the Terms.

By agreeing to the Terms, you acknowledge that you have read the Terms, understand them, and agree to be bound by them. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS OR PRIVACY POLICY, THEN PLEASE DO NOT USE THIS SITE.

We reserve the right to change the Terms from time to time. We will notify you about significant changes to the Terms by updating this page. Your continued use of this Site after such modifications will constitute your acknowledgment of the modified Terms, and your agreement to abide and be bound by the updated Terms.

Account Registration

In order to access and use our Services, you must first register and create an account (“Account”) with us.  You agree to provide us with complete and accurate information upon registration and to keep such information accurate and up-to-date during your course of use of our Services. You are advised to keep your login credentials strictly confidential and to refrain from disclosing these to anyone. If a third party accesses your Account (whether you authorized such access or not), any actions or changes to your Account will be deemed to have occurred on your behalf and in your name.  We will not be held responsible for unauthorized access to your Account for any reason, including but not limited to unauthorized access arising from your failure to keep your login credentials safe and secure.

We reserve the right to access your Account and the information that you have provided for support, maintenance and servicing purposes or for any security-related, technical or billing reasons.

It is your responsibility to protect your personal information and maintain the confidentiality of your user information and passwords.  We will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without your knowledge.

Minimum Age Requirement

No part of our Site is structured to attract anyone under the age of thirteen (13). By using our Site, you represent that you are not under 13 years of age (or 16 in the European Union).  If you are younger than the minimum age requirement, you may not register for or use either the Site or our Services.

Subscription

Our Services are offered through subscription plans (“Subscription Plan(s)”).  The applicable terms will depend on your choice of Subscription Plan. Your Subscription Plan is selected during your Account registration and you can choose to change your Subscription Plan at any time. Information about our Subscription Plans can be found on our pricing page. All fees quoted on our Site are exclusive of any other taxes that may be applicable in your jurisdiction. For additional information on our Subscription Plans, please contact us. We reserve the right to amend the Subscription Plans and/or terms at any time or introduce new fees and/or subscription levels or charges.

Subscription Renewal

You can manage and cancel your Subscription Plan through your Account page.  Unless you cancel your Subscription Plan before the end of the conclusion of your current Subscription Plan, or notify us in writing that you do not wish to renew your Subscription Plan, you will be enrolled into an automatic renewing cycle for the same term at the conclusion of your Subscription Plan. This applies to all Subscription Plans involving payment and works the same for both monthly and annual renewals. Any written notice of your intention not to renew must be provided to the following email address: [email protected]. The email must come from the registered Account owner.

Subscription Cancellation

While you may cancel your Subscription Plan at any time, refunds are issued in our sole discretion (unless otherwise required by applicable law).

Intellectual Property

  • Trademarks and Service Marks
    No service marks or trademarks that appear on our Site (whether registered or unregistered) may be used without our prior written consent.
  • Copyrights
    You acknowledge that the Site may contain a range of digital content (including photographs, videos, graphics, music, sounds and other material, collectively the “Content”) that is protected by applicable law, including copyright, trademark, and related intellectual property laws. We have worked hard to develop this Content, and we work to protect these rights in all forms, media and technologies existing now or hereinafter developed. Except as otherwise stated herein, all right, title and interest in the Site and/or the Services and any Content contained therein is our exclusive property. Unless otherwise specified, the Services are for your limited use only, and we grant you a limited license to access the Site and use the Services for the specific purpose falling within the scope of your Services and/or Subscription Plan. If you copy or download any Content, data, or other information from this Site or through your use of the Services, you agree that you shall not remove or obscure any of our copyright or other notices or legends contained in any such Content.All Content is protected under the U.S. copyright law. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license or sublicense, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or Services obtained from the Site and/or the Services, except for the purposes expressly provided herein, without our prior written approval.

Our Access

In the course of performing the Services, we may require access to your content from time to time. Except as otherwise provided by these Terms, all right, title and interest in and to your content is your exclusive property. Our rights to access your Content exist for the longer of: (a) the duration of these Terms (as they may be amended from time to time; or (b) the cancellation of your Account.

We will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any of your content belonging to you, except for the purposes of the provision of performing the Services expressly provided for herein, without your prior consent.

You acknowledge and agree that we may disclose any content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of your Content violates the rights of third parties; or (d) protect our rights, property, or personal safety; or (e), protect the Site, the Services, its users, and the public.

In the event that you provide us with any feedback, suggestions, comments or improvements with respect to the Site and/or Services, you hereby grant us a non-revocable, sub-licensable and royalty-free right and license to make use of, copy, disclose, license, and distribute such feedback, suggestions, comments or improvements in any manner without any obligations, of whatever kind, to you. Nothing in these Terms shall be construed as a limitation on us to make use, develop and market any Services incorporating the feedback, suggestions, comments, or improvements that you have provided.

Third-Party Content

We may also act as a distributor (and not a publisher) of content supplied by third parties (the “Third Party Content”). We have no editorial control over such Third-Party Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Third-Party Content expressed or made available by third parties, are those of the respective authors or distributors and not ours, our affiliates, or any of our officers, directors, employees or agents. We do not guarantee the accuracy, completeness or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. In many instances, any Third-Party Content on the Site represents the opinions of the author, and are not under our control. As a result, we neither endorse nor accept responsibility for the accuracy or reliability of any opinion, advice, or statement made on our Site. Under no circumstances shall we or our affiliates, or any of our officers, directors, employees or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other Third-Party Content available on the Site.

Representations and Warranties

We warrant and represent to you that:

  1. The intellectual property rights (including without limitation all copyright, trademarks, design rights, service marks, whether registered or unregistered) in any material that we provide as part of the Site and/or the Services do not, to the best of our knowledge, infringe any third party intellectual property rights when used in accordance with the Terms;
  2. We will only use your Content in accordance with the Terms; and
  3. We have all necessary rights and authority to enter into Subscription Plan(s) with you, and to perform the Services.

You represent and warrant that you will comply with all applicable laws and regulations applicable to you when using our Services. You agree that you will not use the Services for any unlawful purposes, in conjunction with the publication of illegal content, in furtherance of illegal activities, or in any manner that violates the intellectual property rights of any third party.

You agree to provide and maintain a legally adequate privacy policy that accurately discloses your practices with respect to the collection, use, and disclosure of personal information, including personal information collected through your use of our Services. You are responsible for determining whether you are subject to any sector-specific privacy laws or regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach Bliley Act (GLBA), the Children’s Online Privacy Protection Act (COPPA), the Family Education Rights and Privacy Act (FERPA) or any law concerning the privacy of any collected personal information or other laws as may be applicable to you, and for determining whether our Services are suitable for you to use in light of the application or potential application of any such laws or regulations. If you are subject to specific laws or regulations, you represent and warrant that your use of our Services will be in accordance with such laws or regulations. We will not be held liable for your failure to provide a legally adequate privacy policy or if our Services ds not meet the requirements imposed by any privacy laws or regulations to which you are subject.

If you are located in a jurisdiction with privacy and data protection laws (e.g., the European Economic Area (EEA) or California) or have any visitors from such jurisdictions, you represent and warrant that you are using the Services in accordance with applicable law.

You expressly represent and warrant that your use of our Services is not contrary to applicable U.S. sanctions nor are you named on the U.S. Treasury Department’s list of “Specially Designated Nationals” or any other applicable trade sanctioning regulations.  You also warrant that you will not purchase the Services using funds sourced from a sanctioned country.

Disclaimers and Limitation of Liability

We do not represent or warrant that our Site will be uninterrupted or error-free, nor do we make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability, or currency of any information or service appearing on the Site (including but not limited to the Services).

WE ARE PROVIDING THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SITECRAFTING, INC. (DOING BUSINESS AS SITKA INSIGHTS) OR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. IN THE EVENT THAT YOUR STATE DOES NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY DESCRIBED ABOVE, THE ABOVE PARAGRAPH SHALL BE INTERPRETED TO BE LIMITED TO DAMAGES ALLOWED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify and hold us harmless, our affiliates, officers, directors, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Terms or any agreement with a provider of third-party services used in connection with the Services, content (whether posted by us, you, or by a third party), and any e-commerce activities conducted through your or another user’s website.

Arbitration Agreement

Any disputes arising under these Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”).  Arbitration shall be conducted by JAMS, using a single arbitrator. If the parties cannot agree on an arbitrator, the JAMS administrator shall appoint one at random from among the list of available arbitrators.   The arbitration shall take place in Tacoma, Washington, in the English language and the arbitral decision may be enforced in any court.  The prevailing party in any arbitration proceeding shall recover its reasonable attorneys’ fees and all other costs incurred in that action or proceeding as well as any lawsuit instituted to enforce an arbitrator’s award, in addition to any other relief to which it may be entitled, to include without limitation its share of the arbitrator’s fees, JAMS administrative fees, and any other amounts incurred in connection with the legal proceedings.

Applicable Law

These Terms shall be construed and enforced in accordance with the laws of the State of Washington.  In the event of a conflict between any provision in these Terms and applicable law, these Terms shall control.  The proper venue for any disputes arising out of or relating to these Terms or use of our Services will be the state and federal courts located in Pierce County, Washington.

Severability

In the event any of these Terms are deemed to be invalid or unenforceable, the same shall be deemed severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms. If such a provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law

Acknowledgment

These Terms, including all documents referenced herein, represent the entire understanding between us, and supersede any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS by using our Site.

We reserve the right to make changes to this Site and these Terms at any time.

The aforementioned Terms are subject to change at any time without notice to you.