3. Use of the Website
(b) In order to access some features of the Website, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Smog Inc., dba One With the Ocean immediately of any breach of security or unauthorized use of your account. Although Smog Inc., dba One With the Ocean will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Smog Inc., dba One With the Ocean or others due to such unauthorized use.
(c) You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the servers operating the Website in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Smog Inc., dba One With the Ocean grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Smog Inc., dba One With the Ocean reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personal data as that term is defined by the European Union's General Data Protection Regulation, or any nonpublic personal information as that phrase is defined in California Civil Code Section 1798.83.
(e) For individual Users, the Website and data generated by it, including any maps, navigation information, photographic imagery and other data, is made available for your personal, non- commercial use only. For business Users, the Website and data generated by it, including maps, navigation information, photographic imagery and other data, is made available for your internal use only and may not be commercially redistributed.
(f) Smog Inc., dba One With the Ocean is a public benefit corporation and does not promote political views of any kind. Submission is prohibited of any information that could be viewed as information that is submitted or distributed for purposes of advocating any political campaign on behalf of or in opposition to any candidate for public office, or any distribution of materials intended to influence legislation of any kind.
4. Intellectual Property Rights
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), and the services provided by or carried out by the systems and methods incorporated into the Website (“Services”), are owned by or licensed to Smog Inc., dba One With the Ocean and are subject to copyright, trademark, patent and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Smog Inc., dba One With the Ocean reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (see Section 5 below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
5. User Submissions
(a) The Website may now or in the future permit the submission of images, sounds, videos, data, or other communications submitted by you and other Users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Smog Inc., dba One With the Ocean does not guarantee any confidentiality with respect to any User Submissions.
(d) In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Smog Inc., dba One With the Ocean Sense Agent to receive notifications of claimed infringement is:
Attn: Copyright Smog Inc,. dba One With the Ocean
144 West D Street
Encinitas, CA 92024
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
(e) You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that Smog Inc., dba One With the Ocean is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Smog Inc., dba One With the Ocean with respect thereto, and agree to indemnify and hold Smog Inc., dba One With the Ocean, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
(f) Smog Inc., dba One With the Ocean permits you to link to your own User Submissions, if any, hosted on the Website or User Submissions of other third parties available on the Website, for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an as-available basis, and Smog Inc., dba One With the Ocean does not guarantee that their availability will be uninterrupted or bug free. Smog Inc., dba One With the Ocean reserves the right to discontinue any aspect to the Website at any time, including discontinuing any linked or embedded Content either generally or in specific cases.
(g) Opt Out. Smog Inc., dba One With the Ocean may use your information to notify you of important changes to the Website, services, and special offers. If you do not want to receive such notices, you may send mail to the following postal address to opt out of receiving future communications:
Smog Inc,. dba One With the Ocean
144 West D Street
Encinitas, CA 92024
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers. If Smog Inc., dba One With the Ocean has provided any third-party with your personal information, you will have to contact the third-party directly with any opt-out request.
Smog Inc., dba One With the Ocean may set and access cookies on your computer. A cookie is a small data string our server writes to your hard drive. This data string contains your unique user ID for our Website. This technology also allows us to customize your experiences when you visit the Website. For example, we may be able to deliver content specific to your interests, keep track of your online ordering and alert you to new products. Smog Inc., dba One With the Ocean may let other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies may have access to Smog Inc., dba One With the Ocean’s cookies. Smog Inc., dba One With the Ocean collects non-personally identifiable information regarding your visit, usually in the form of cookies, log files, or clear .gif files. Cookies contain a session identification number that our systems use to recall previous authentication or order information from our servers. We may also collect your domain name, IP address, the address of the last URL you visited prior to coming to our Web site, and your browser and platform type. We may use our or a third party navigation and localization services to target advertisements and content based on where you are located. We may use our or a third party tracking services to help us analyze this information in the aggregate to evaluate the effectiveness of our site, services and products. In some cases, the information is collected directly by the third party and by others is forwarded by Smog Inc., dba One With the Ocean to the third party. A cookie cannot be used to access or otherwise compromise the data on your hard drive. Smog Inc., dba One With the Ocean will use commercially reasonable efforts to protect your privacy. However, at any time you may choose to change your browser settings to disable cookies if you do not want us to establish and maintain a unique website user ID for you. Please be aware that cookies may be required to complete certain functions on this Web site, such as ordering online. Please consult the instructions provided by your browser provider to change your browser settings, remove cookies or to disable cookies.
7. Map and Navigation Information
Any information provided to Users through the Website is intended for planning purposes only. Users may find that weather, construction projects, traffic conditions or other events may cause road or travel conditions to differ from the map and/or navigation results. The transit information contained in and/or provided by the Website includes information provided by third parties, and is intended for planning purposes only. Smog Inc., dba One With the Ocean makes no representations or warranties regarding the accuracy or completeness of the information.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Smog Inc., dba One With the Ocean ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Smog Inc., dba One With the Ocean, MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. Smog Inc., dba One With the Ocean DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Smog Inc., dba One With the Ocean WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD- PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
Third Party Mapping Products, Data and Content. The Website may work in conjunction with or rely upon third party mapping products, data and content that are not owned or controlled by Smog Inc., dba One With the Ocean in any way and which are used at Your own risk. Smog Inc., dba One With the Ocean disclaims all liability that might arise from the use of such products, data or content. Smog Inc., dba One With the Ocean does not verify the validity or accuracy of such products, data and content and Your right to use, copy or do anything with such products, data or content is solely at the discretion of the third party provider of such products, data and content. Utilization of Website under Dangerous Conditions. Your use of the Website and any derivative works therefrom under certain conditions, such as walking, driving or in other conditions where Your attention may be impaired, can lead to Your injury or death or to the injury or death of third parties and You accept all risk associated with such use. Smog Inc., dba One With the Ocean disclaims all liability that might arise from Your use of the Website under any circumstances where doing so might put You, Your possessions, or third parties at risk or in any kind of danger. Dangerous Users. Smog Inc., dba One With the Ocean does not control who can send You a message containing directions and/or a map to a location. Only follow directions or maps to a location that have been received from people You know and trust and do not follow directions or maps from strangers or anyone who might put You or your possessions in danger. Your use of the Website to travel to a location or to meet with a user can lead to Your loss of possessions, to Your injury or death, or to the injury or death of third parties and You accept all risk associated with such use. Smog Inc., dba One With the Ocean disclaims all liability that might arise from Your use of the Website to travel to a location or to meet with another user under any circumstances where doing so might put You, Your possessions, or third parties at risk or in any kind of danger. Dangerous Locations Smog Inc., dba One With the Ocean does not provide information regarding the safety or acceptability of locations for which You have received directions or a map. Only follow directions or maps to locations You know and trust and do not follow directions or maps to locations with which you are unfamiliar or uncomfortable. Your use of the Website to travel to an unsafe location can lead to Your loss of possessions, to Your injury or death, or to the injury or death of third parties and You accept all risk associated with such use. Smog Inc., dba One With the Ocean disclaims all liability that might arise from Your use of the Website to travel to a location under any circumstances where doing so might put You, Your possessions, or third parties at risk or in any kind of danger.
IN NO EVENT SHALL Smog Inc., dba One With the Ocean, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ANY OF THE ABOVE LIMITATIONS OF LIABILITY, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Smog Inc., dba One With the Ocean SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE TRANSIT INFORMATION CONTAINED IN AND/OR PROVIDED BY THE WEBSITE INCLUDES INFORMATION PROVIDED BY THIRD PARTIES, AND IS INTENDED FOR PLANNING PURPOSES ONLY. Smog Inc., dba One With the Ocean MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
The Website is controlled and offered by Smog Inc., dba One With the Ocean from its facilities in the United States of America. Smog Inc., dba One With the Ocean makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10. No Third-Party Beneficiaries
14. Government Restricted Rights