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TERMS AND CONDITIONS OF USE

Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below.

IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.

1. MINORS.

We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.

2. PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS.

Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy on this website.

3. ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS.

Our anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our anti-Spam policy on this website.

4. MODIFICATIONS AND TERMINATIONS.

These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website's home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website.

We may terminate these terms and conditions of use for any reason and at any time without notice to you.

If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to scatour@sitewire.net, and providing us with information relating to your concern.

5. LICENSEE STATUS.

You understand and agree that your use of our website is limited and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.

6. CONTENT OWNERSHIP.

All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to scatour@sitewire.net. If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to scatour@sitewire.net,or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

7. DISCLAIMERS AND LIMITATIONS OF LIABILITY.

The information on our website is provided on an ''as is,'' ''as available'' basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.

Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.

If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.

Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.

8. OBSCENE AND OFFENSIVE CONTENT.

We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to scatour@sitewire.net so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.

9. INDEMNIFICATION.

You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising from your use of our website or your violation of these terms and conditions.

10. COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION.

You agree to obey all applicable laws while using our website. You agree that the laws of AZ govern these terms and conditions of use without regard to conflicts of laws provisions.

You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Maricopa, AZ, U.S.. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

11. SEVERABILITY OF THESE TERMS AND CONDITIONS.

If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

12. HOW TO CONTACT US.

Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to scatour@sitewire.net, and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:
The Whale Hunters
740 S Mill Ave, Suite 210
Tempe, AZ 85281
U.S.

pier9 membership terms and conditions

1. Ownership. This Site (Pier9) is owned and operated by The Whale Hunters LLC (“TWH”). All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by TWH or by its respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by TWH, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of The Whale Hunters' intellectual property rights, whether by estoppel, implication, or otherwise. Please contact us by email if you have any questions about obtaining such licenses. TWH does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by TWH through Pier9. Any rights not expressly granted herein are reserved by TWH.

2. Limited Permission to Use Materials. TWH hereby grants you permission to use, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that (i) the copyright notice appearing at paragraph 12 below and the trademark notice appearing at paragraph 13 below appears in the Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

3. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than TWH (the "Third Party Sites"). The Whale Hunters is not responsible for and does not endorse or accept any responsibility for the availability, the contents or use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. The Whale Hunters is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Whale Hunters is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TWH of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that TWH is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.

4. Membership Terms, Conditions, and Cancellation

5. NO WARRANTY. THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TWH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


THE WHALE HUNTERS MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. TWH SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

6. LIMITATION OF LIABILITY. IN NO EVENT SHALL TWH, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF TWH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7. Indemnification. You agree to defend, indemnify and hold harmless TWH, its officers, directors, members, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

8. Unsolicited Submissions. The Whale Hunters does not want you to submit confidential or proprietary information to it through this Site, without first contacting TWH. All comments, feedback, information or material submitted to TWH through or in associate with this Site shall be considered non-confidential and The Whale Hunters’ property, unless otherwise set forth herein or agreed to by TWH in writing. By providing any unsolicited submissions to TWH you hereby assign to TWH, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. The Whale Hunters shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

9. Compliance with Laws. You may not access, download, use or export the Site or Materials in violation of United States Federal or state laws or regulations, or in violation of any other applicable laws or regulations. Any such violation is expressly against these terms of use and you must cease from using this Site immediately.

10. Children. Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

11. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Arizona, excluding its choice of law rules. Any legal action or proceeding relating to your access to or sue of the Site or Materials shall be instituted in a state or federal court in Arizona, and in Maricopa County. You and TWH agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

12. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2011, The Whale Hunters, LLC. ALL RIGHTS RESERVED.

13. Trademarks. The Whale Hunters, Pier9, all images and text, and all page headers, custom graphics and button icons on the Site are service marks, trademarks, and/or trade dress of TWH. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.