This Student Information Use Agreement (this "Agreement") is entered into effective as of today (the "Effective Date"), by and between the undersigned student ("Student" or "you") and NauticEd.
WHEREAS, Student desires to obtain information regarding operation of a boating vessel and it's equipment (the "Information") and NauticEd desires to provide the Information to Student for the private use by Student (the "Purpose"). The Information is provided inside an account that is set up for the Student (the NauticEd Student's Account).
WHEREAS, any information presented that is generally known in the public domain is not claimed to be owned by NauticEd, however the style in which it is presented, all presentation materials, the text copy, the layout, the test questions and answers, all graphics, illustrations, and photographs (collectively, the "NauticEd Information") are either owned by NauticEd or licensed to NauticEd and protected by United States and International copyright laws.
WHEREAS, NauticEd and Student recognize that in the course of providing NauticEd Information to Student, that sign-in codes, promotion codes, passwords and user ID's that will be created or supplied to Student are confidential information (collectively with the NauticEd Information, the "Confidential Information") and will remain the property of NauticEd and shall be protected from further disclosure by the terms of this Agreement.
NOW, THEREFORE, in consideration of the premises, conditions, covenants and warranties herein contained, the parties agree as follows:
- Knowledge Gained
- Student understands that grades from the Student's tests are and will be an accounting of only the Student's theoretical boating knowledge as related to those test questions. Student agrees not seek third party help when answering test questions. Student understands that to be a competent boatsperson, student must also gain significant practical knowledge and experience. Student is advised to also seek professional practical instruction.
- Experience Logged
- Student agrees to not inflate their experience logged in the NauticEd provided Logbook. That any inflation degrades the representation of the Student's gained knowledge, Rank and Level. Student understands that Student's Rank and Level are made up terms and not an actual reflection of Student's full competence.
- Obligations of Student
- Student agrees (a) to hold student's user ID, password, any promotion codes and other means of signing in to Student's account in strict confidence; (b) not to disclose any information in 3(a) or the Confidential Information (defined in Recitals above) to any third parties; (c) not to use the Confidential Information for any purpose other than the Purpose.
- Equitable and Legal Relief
- Each party acknowledges that all of the Confidential Information is owned solely by NauticEd or is licensed by NauticEd and that the unauthorized disclosure or use of any Confidential Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, each party agrees that NauticEd shall have the right to obtain an immediate injunction without posting a bond from any court of competent jurisdiction enjoining breach of this Agreement and/or improper disclosure or use of the Confidential Information. NauticEd shall also have the right to pursue any other rights or remedies available at law or equity for such a breach. In the event any action shall be brought by NauticEd hereto against Student on account any breach of this Agreement, NauticEd in said action shall be reimbursed by the student for all reasonable costs and expenses incurred in connection with litigation, including reasonable attorneys' fees.
- Waiver and Release of Liability
- Student is aware that boating involves a serious risk of injury and/or death. Despite these risks, Student, by entering into this Agreement, voluntarily agrees to assume any and all such risks that may result from the use of the Confidential Information and other information provided by NauticEd. Student agrees to assume all risks of personal injury, death and/or property damage and agrees not to sue NauticEd, it's owners, officers, directors, employees, agents, trustees, affiliates, successors or assigns regardless of the cause and whether or not arising out of the acts, omissions or negligence of NauticEd it's owners, officers, directors, employees, agents, trustees, successors or assigns. Furthermore, this release shall be binding upon Student and Student's heirs, guardians, and legal representatives.
Student, for himself or herself, and for Student's heirs, guardians, legal representatives, executors and administrators, does hereby release and forever discharge NauticEd, it's owners, officers, directors, representatives, employees, agents, trustees, affiliates, successors and assigns (collectively, the "Released Parties") of and from any and all liabilities, claims, actions, damages, costs or expenses which Student may have against any one or more Released Parties now or in the future arising our of or in any way connected with the use of the Confidential Information and other information provided to Student, including but not limited to personal injuries, death and/ or property damage which may be suffered by Student or any third party before, during or after Student's use of the Confidential Information and other information related thereto, and whether or not arising out of the acts, omissions or negligence of any Released Parties. Student acknowledges that the Confidential Information and other information provided to Student is educational and in theory only, and that real live practical situations vary widely and the Confidential Information and other information provided to Student will not cover every possible situation and may not be applicable to each and/or every situation. Student acknowledges that Student should use common sense and good seamanship practices in all boating situations.
- This Agreement shall remain in effect from the Effective Date through the date that is five (5) years after the Effective Date. However Paragraph 3 shall survive the termination or expiration of this Agreement for any reason.
- This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof. This Agreement shall not be modified or amended except by written agreement signed by duly authorized representatives of the parties hereto. If any provision of this Agreement is declared to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. This Agreement shall be governed by the laws of the State of Texas, without reference to or application of principles of choice of law. The parties irrevocably agree that all actions arising directly or indirectly as a result or in consequence of this Agreement and the transactions contemplated hereby, shall be instituted and litigated only in federal, state or local courts sitting in Travis County, Texas, and each of the parties hereby consents to the exclusive jurisdiction and venue of any such court, and waives any objection based on forum non conveniens. No waiver by either party, whether express or implied, of any provision of this Agreement shall constitute a continuing waiver of such provision or a waiver of any other provision of this Agreement. No waiver by either party, whether express or implied, of any breach or default by the other party, shall constitute a waiver of any other breach or default of the same or any other provision of this Agreement. NauticEd shall have the right to assign this agreement to any entity.
- This Agreement will be executed the moment Student signs in to Student's NauticEd Account and is re-executed each and every time Student signs in to Student's NauticEd Account.
By continuing the signin process, the Student has agreed to this Agreement on the Effective Date.