1. General.

Welcome to WakeScout.com (“WakeScout”, “Service” or “we”). By using this Service, you agree to be bound by all of the terms of this agreement (the “User Agreement”). We reserve the right to change the terms of this User Agreement or to modify any features of this Service at any time without notice to you, and you agree to be bound by such changes. Therefore, it is incumbent upon you to check the User Agreement occasionally, so that you are aware of the latest terms.  Any changes to this User Agreement shall become a part of this User Agreement and shall apply you your use of our Service as soon as they are posted at WakeScout.com. Your use of this Service constitutes your agreement to be bound by all such terms, conditions and policies set forth herein. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Service shall be subject to this User Agreement.

You must be 18 years of age or over, or the legal age to form a binding contract in the jurisdiction in which you reside if that age is greater than 18 years of age, to register as a member of the WakeScout Site or use the Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to this User Agreement. If you do not qualify, do not use the Service. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this User Agreement and to abide by all of the terms and conditions set forth herein. This Site is administered in the United States (“U.S.”) and is intended for U.S. users; any use outside of the U.S. is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Service or the website.

If you are unwilling to be bound by this User Agreement, do not access or use the Service.

2. Service

Kakadu reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Kakadu shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service

3. Copyright

This Service (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and Kakadu , as owner of WakeScout, (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements), has rights therein. All individual articles, videos, content and other elements comprising this Service are also copyrighted works, and Kakadu (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. You must abide by all additional copyright notices or restrictions contained in this Service.

Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except as permitted under the last sentence of this Section 3 and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 3), you may not distribute any part of this Service over any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. We respect the right of others to make “fair use” of the materials contained on this Site; accordingly, you may from time to time excerpt and use materials set forth on this site, provided, that you must give the original author credit and such use must be for a non-commercial purpose only and not, for example, for re-sale.

4. Submissions

By posting, downloading, displaying, performing, transmitting, or otherwise distributing or submitting content on or to the Service (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise)(“User Content”), you are giving WakeScout, and its affiliates, members, managers, officers, employees, agents, representatives and third party contractors the license to use the User Content in connection with the operation of Kakadu’s business and this Site and its services, including, without limitation, the right to copy, distribute, store, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content or publish such User Content on the Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), and to use such User Content for promotional and marketing purposes. By posting content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Kakadu an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. Without limiting the generality of the foregoing, with respect to any submissions to the Site made by you from time to time, you understand and agree that (unless you and we agree otherwise) Kakadu may, or may permit users to, based solely on functionality provided and enabled by the WakeScout website, compile, re-edit, adapt or modify your submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and Kakadu or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Kakadu to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by Kakadu and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by Kakadu and this Agreement. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Kakadu all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Kakadu or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.

In addition, you agree not to use the Service to:

• modify, adapt, translate, or reverse engineer any portion of the Service.
• harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
• use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service;
• use automated scripts to collect information from or otherwise interact with the Service;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Service any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Company or its users to any harm or liability of any type.

Kakadu reserves the right to remove or not publish submissions without prior notice.

If you are a copyright owner or agent thereof and believe that any content on the Site infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. ß 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent can be reached as follows by mail:

WakeScout.com Copyright Agent
c/o Buchanan Law Group
275 Battery Street, Suite 1300
San Francisco, CA 94111.

6. Trademarks.

WakeScout, Get an Edge on the Water, and other graphics, logos, designs, page headers, button icons, scripts and service names of WakeScout are either registered trademarks, trademarks or trade dress of Kakadu’s in the U.S. and/or other countries, or in which Kakadu has developed common law rights of use. Kakadu’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Kakadu.

You are granted a limited, non-exclusive, revocable right to create a text hyperlink to the Service for noncommercial purposes, provided such link does not portray WakeScout or any of its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable, as is determined in the sole discretion of Kakadu. This limited right may be revoked at any time, for any reason. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Kakadu or any third party.

7. Indemnification.

You agree to indemnify, defend and hold harmless Kakadu and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement or breach of any representation or warranty by you, or your infringement of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

8. DISCLAIMER

THIS SERVICE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SERVICE OR AVAILABLE THOUGH LINKS IN THIS SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THIS SERVICE AND ANY MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.

THIS SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY KAKADU OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SERVICE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY WAKESCOUT AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

9. Links to Third Parties.

We are not responsible for the availability or content of other services that may be linked to or at this Service (“Third Party Content”). Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that Kakadu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

You use links to Third-Party Content at your own risk. Kakadu does not monitor or have any control over, and makes no claim or representation regarding any Third-Party Content. When you leave the Service through a link to Third Party Content, our Terms of Use Privacy Policy no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Content, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

10. Limitation of Liability

KAKADU’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KAKADU OR ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS AND LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY KAKADU, OR FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES ON THIS SITE OR IN OUR SERVICE (INCLUDING, WITHOUT LIMITATION, AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERMS OF THIS AGREEMENT. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.Any claim against us shall be limited to the amount you paid, if any, for use of this Service.

11. Severability

If any provision of this User Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and shall not affect the validity and enforceability of any remaining provisions.

12. Term.

This User Agreement will remain in full force and effect while you use the Service, and shall survive the termination of the use of Service or this User Agreement, to the extent necessary to protect the rights of Kakadu. Either Party may terminate this Agreement for any reason, at any time. Sections 3 through 12 shall survive any termination or expiration of this User Agreement.

13. Governing Law; Jurisdiction

This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, applicable to agreements made and to be performed therein without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Orange County, California, USA in all disputes arising out of or related to the use of the Site or Service.

14. Modifications

Kakadu may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Kakadu shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting, with the most recent revision date shown at the beginning of these Terms of Use. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

BY USING AND/OR CONTINUING TO USE ThIS SITE AND OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND AGREE TO ABIDE BY THEM.

Please contact us with any questions regarding this User Agreement. Please report any violations of this User Agreement to The Kakadu Trading Company, c/o Buchanan Law Group, 275 Battery Street, Suite 1300, San Francisco, CA 94111.