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Terms of Use

Your Relationship with ChartSelect & LiveShare

ChartSelect is an online chart distribution service offered to Humminbird customers. ChartSelect allows you to purchase and download US and International charts to an encrypted SD card or your smartphone device through the Humminbird FishSmart app. Use of the ChartSelect services will require registration on the ChartSelect website (chartselect.humminbird.com), when purchasing charts without a smartphone device. Registration on the ChartSelect website is not required when charts are purchased directly through an iOS or Android account through the FishSmart app.

LiveShare is a crowd sourced bathymetry service exclusively for Humminbird® users which is offered through the ChartSelect website. The Service allows you to upload sonar data you collect, as well as download crowdsourced underwater charts compiled and made available on the ChartSelect website. LiveShare will require registration on the ChartSelect website, special Humminbird software code you will need to install on your compatible Humminbird device, and an AutoChart Zero Lines Map Card™.

1. Definition of Terms

1.1 The ChartSelect (chartselect.humminbird.com), software, services (including the LiveShare service), and website (collectively, the "Services") are owned by Johnson Outdoors Canada Inc., the principal place of business of which is at 411 Richmond Street East, Suite 307, Toronto, Ontario, M5A 3S5 ("Johnson Outdoors"). Your use of the Services is subject to the terms of a legal agreement between you and Johnson Outdoors. ChartSelect is a trade mark of Johnson Outdoors. This document explains how the agreement is made up, and sets out some of the terms of that agreement. This document may exclude services provided to you by Johnson Outdoors under separate written agreements. Johnson Outdoors is herein referred to as the "Licensor".

1.2 Unless otherwise agreed in writing with the Licensor, your agreement with the Licensor will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".

1.3 Your agreement with the Licensor will also include the terms of any legal notices applicable to the Services, in addition to the Universal Terms. Any such notices are referred to herein, collectively, as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and the Licensor in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to herein as the "Terms".

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by the Licensor in the user interface for any Service.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with the Licensor, or (b) you are a person barred from receiving the Services under the laws of Canada or other countries including the country in which you are resident or in which you use the Services.

2.4 Before you continue, you should print or save a copy of the Terms for your records.

3. Language of the Terms

3.1 Where the Licensor have provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with the Licensor.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services

4.1 Licensor may have affiliates around the world (the "Affiliates"). Sometimes, the Affiliates will be providing the Services to you on behalf of the Licensor. You acknowledge and agree that the Affiliates will be entitled to provide the Services to you.

4.2 The Licensor are constantly innovating in order to provide the best possible experience for their users. You acknowledge and agree that the form and nature of the Services which the Licensor provide may change from time to time without prior notice to you.

4.3 As part of this continuing innovation, you agree that the Licensor may at their sole discretion and without prior notice to you stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally. You may stop using the Services at any time. You do not need to inform the Licensor when you stop using the Services.

4.4 You agree that if the Licensor disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4.5 You acknowledge and agree that the Licensor may set an upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space or bandwidth used for the provision of any Service. Such fixed upper limits may be set by the Licensor at any time, at their sole discretion.

4.6 If Licensor has received a fee from you for provision of the Services and should the Services fail to perform in accordance with the limited warranty, your exclusive remedy shall be either a pro rata refund of the fees paid subsequent to the date you notified Licensor of the failure, or repair or replacement of the Services, at the sole discretion of Licensor. The limited warranty shall not be available if failure of the Services has resulted from accident, abuse or misapplication. Any replacement Services will be warranted only for the remainder of the initial warranty period.

4.7 If the Licensor, at their sole discretion, suspend, cancel or otherwise restrict your use of Services for which you have paid the Licensor a fee, your exclusive remedy shall be a pro rata refund of the fees paid which correspond with the period in which the Licensor disabled your access to the Service. If the Licensor suspend, cancel or otherwise restrict your use of Services for which you have paid the Licensor a fee, due to failure by you to conform to these Terms, then no refund of the fees paid shall be applied.

5. Use of the Services by You

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to The Licensor will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Canada, the United States or other relevant countries).

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by the Licensor, unless you have been specifically permitted to do so in a separate agreement with the Licensor. You agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and you shall comply with the instructions set out in any robots.txt file present on the Services.

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.5 Unless you have been specifically permitted to do so in a separate agreement with the Licensor, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that the Licensor have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which the Licensor may suffer) of any such breach.

6. Your Passwords and Account Security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to the Licensor for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify the Licensor immediately at dataprivacy@johnsonoutdoors.com.

7. Privacy and Your Personal Information

7.1 For information about the Licensor’s data protection practices, please read the privacy policy below. This policy explains how the Licensor treat your personal information and protect your privacy when you use the Services.

7.2 You agree to the use of your data in accordance with the ChartSelect and LiveShare privacy policy.

8. Content in the Services

8.1 You understand that all information (such as, but not limited to data files, map images, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have uploaded to the Services, or otherwise have access to through the Services are the sole responsibility of the person or organization from which such content originated. All such information is referred to herein as the "Content".

8.2 Content presented to you as part of the Services or uploaded by you to the Services including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to the Licensor (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Content (either in whole or in part), unless you have been specifically told that you may do so by the Licensor or by the owners of that Content, in a separate agreement.

8.3 The Licensor reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

8.5 You agree that you are solely responsible for (and that the Licensor have no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which the Licensor may suffer) by doing so.

8.6 Certain Services may be licensed to you for use as a general position locator, subject to the accuracy limitations of GPS signals, errors in digital maps, and errors in integrating the maps with the GPS. The Services are not intended and are not licensed to you for purposes of steering or guiding a moving vehicle, boat, or airplane, or any other navigational use requiring precise determination of position. The Services are not licensed for use as the sole source of position information.

8.7 You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, and without limiting this or any other section of these Terms, you agree not to use the Services to:

(A) harvest or collect email addresses or other information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

(B) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services;

(C) use automated scripts to collect information from or otherwise interact with the Services;

(D) upload, post, transmit, share, store or otherwise make available any Content that the Licensor deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

(E) register for a User account on behalf of an individual other than yourself;

(F) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

(G) 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;

(H) upload, post, transmit, share, store or otherwise make publicly available on the ChartSelect website any private information of any third party, including, addresses, phone numbers, email addresses, social insurance numbers and credit card numbers;

(I) solicit personal information from anyone under the age of 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

(J) 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;

(K) upload, post, transmit, share, store or otherwise make available Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any law;

(L) use or attempt to use another person's account.

(M) upload, post, transmit, share, store or otherwise make available Content that, in the sole judgment of the Licensor, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose the Licensor to any harm or liability of any type.

9. Proprietary Rights

9.1 You acknowledge and agree that Licensor (or Licensor's Licensor) own all legal right, title and interest in and to the Services including any intellectual property rights which subsist in the Services (whether or not those rights are registered, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by the Licensor and that you shall not disclose such information without the Licensor' prior written consent.

9.2 Unless the Licensor have agreed otherwise in writing, nothing in the Terms gives you a right to use any of the Licensor' trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with the Licensor, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the Terms.

9.4 Other than the limited license set forth in Section 11, the Licensor acknowledge and agree that they obtain no right, title or interest from you (or your Licensor) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether or not those rights are registered, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that the Licensor have no obligation to do so on your behalf.

9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

9.6 You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

10. License From the Licensor

10.1 The Licensor gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by the Licensor as part of the Services as (referred to herein as the "Software"). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by the Licensor, in the manner permitted by the Terms.

10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by the Licensor, in writing.

10.3 Unless the Licensor has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10.4 The Licensor may give you, or provide for an additional fee, a time-limited, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use certain additional content, such as maps or charts, in the Software or in third-party- created software, as determined solely by the Licensor (referred to herein as the "Maps"). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Maps as provided by the Licensor, in the manner permitted by the Terms. This license for the Maps may be governed by additional terms, in which case the terms will be made available to you for review at the time you choose to purchase and/or use the Map license.

11. Content License From You

11.1 LiveShare and the Services allow you to upload and download data to and from the ChartSelect website. You own the information and data you make available in connection with the Service. However, by using this Service and uploading data to the Service, you grant Johnson Outdoors Marine Electronics, Inc., a royalty-free, worldwide, perpetual, and transferable license to use, sell, incorporate, modify or delete any data that you make available to the Service for use in the Service as well as derivative products. In other words, once you upload the data to the Service, it will become licensed to Johnson Outdoors Marine Electronics, Inc. forever without any compensation to you, and Johnson Outdoors Marine Electronics, Inc. can do as it pleases with the data you upload.

11.2 You agree that this license includes a right for the Licensor to make such Content available to other companies, organizations or individuals with which or with whom the Licensor have relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

11.3 You understand that the Licensor, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit the Licensor to take these actions.

11.4 You represent and warrant to the Licensor that you have all the rights, power and authority necessary to grant the above license.

11.5 Johnson Outdoors Marine Electronics, Inc., retains the right to alter or remove data for any reason.

12. Crowdsource Limitations

12.1 As with any new product or Service that is derived from crowd sourced information, there may be certain discrepancies or errors inherent in the final product. Many different measurements or variables are used to create a sonar depth estimate which when incorrectly collected could cause a sonar device’s measurements to differ from the true depth of a given body of water. Some examples include but are not limited to varying water levels, tides, vegetation or fish in the water column, speed of sound changes in water, noise from other boats, excessive speeds while collecting sonar, settings changes or offsets in the control head, and improperly installed equipment. These errors and others could lead to incorrect sonar measurements that adversely impact the accuracy of the chart you upload to, or download from, the Service.

12.2 As a result, you acknowledge and understand that Johnson Outdoors Marine Electronics, Inc. does not guarantee the accuracy, integrity or quality of the data. You acknowledge and understand that you, and not Johnson Outdoors Marine Electronics, Inc., are responsible for all data that you upload or download via the Service. You acknowledge and understand that the Service and derived chart products are not intended to be used for navigation, rather they are to be used as a tool to aid in fishing. You should seek out and use official government charts approved for navigation where available.

12.3 Johnson Outdoors Marine Electronics, Inc. will not be held liable in any way for any data, including, but not limited to, any errors or omissions in any data, or any loss or damage of any kind incurred as a result of the use of any data made available on the Service. By agreeing to use the Service, you bear all risks associated with accuracy, completeness, or usefulness of the data.

13. Software Updates

13.1 The Software may automatically download and install updates from time to time from the Licensor. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit the Licensor to deliver these to you) as part of your use of the Services.

14. Ending Your Relationship With the Licensor

14.1 The Terms will continue to apply until terminated by either you or the Licensor as set out below.

14.2 If you want to terminate your agreement with the Licensor, you may do so by (a) notifying the Licensor at any time and (b) closing your accounts for all of the Services which you use, where the Licensor have made this option available to you. Your notice should be sent by email to dataprivacy@johnsonoutdoors.com

14.3 The Licensor may at any time terminate their legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) The Licensor are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with which the Licensor offered the Services to you has terminated its relationship with the Licensor or ceased to offer the Services to you; or

(D) The Licensor are transitioning to no longer providing the Services to users in the country or region in which you are resident or in which you use the Services; or

(E) the provision of the Services to you by the Licensor is, in the Licensor's opinion, no longer commercially viable.

14.4 Nothing in this Section shall affect the Licensor's rights regarding provision of Services under Section 4 of these Terms.

14.5 When these Terms come to an end, all of the rights, obligations and liabilities that you and the Licensor have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 of these Terms shall continue to apply to such rights, obligations and liabilities indefinitely.

15. EXCLUSION OF WARRANTIES

15.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT THE LICENSOR'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

15.3 IN PARTICULAR, THE LICENSOR AND THEIR AFFILIATES AND THEIR LICENSOR DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

15.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

15.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LICENSOR OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

15.6 THE LICENSOR FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

16. LIMITATION OF LIABILITY

16.1 SUBJECT TO PARAGRAPH 14.1 ABOVE, YOU UNDERSTAND AND AGREE THAT THE LICENSOR AND THEIR AFFILIATES AND THEIR LICENSOR SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH THE LICENSOR MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(IV) YOUR FAILURE TO PROVIDE THE LICENSOR WITH ACCURATE ACCOUNT INFORMATION;

(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

16.2 THE LIMITATIONS ON THE LICENSOR'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT THE LICENSOR HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

17. END USER INDEMNITY

17.1 YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE LICENSOR and THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM OR RELATED TO:

(A) YOUR BREACH OF ANY OF THESE TERMS OF USE; OR

(B) YOUR ACCESS TO OR USE OF THE SERVICES; OR

(C) YOUR USE OR RELIANCE ON, OR PUBLICATION, COMMUNICATION OR DISTRIBUTION OF ANYTHING ON OR FROM ANY WEBSITE FORMING PART OF THE SERVICES. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH THE LICENSOR IN THE DEFENCE OF ANY CLAIM. THE LICENSOR RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

18. Copyright and Trade Mark Policies

18.1 It is the Licensor's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.

19. Advertisements

19.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

19.2 The manner, mode and extent of advertising by the Licensor on the Services are subject to change without notice to you.

19.3 In consideration for the Licensor granting you access to and use of the Services, you agree that the Licensor may place such advertising on the Services.

20. Other Content

20.1 The Services may include hyperlinks to other websites or content or resources. The Licensor may have no control over any websites or resources which are provided by companies or persons other than the Licensor.

20.2 You acknowledge and agree that the Licensor are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, products or other materials on or available from such websites or resources.

20.3 You acknowledge and agree that the Licensor are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

21. Changes to the Terms

21.1 The Licensor may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, an updated version of the Universal Terms and any new Additional Terms will be made available to you from within, or through, the affected Services.

21.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, the Licensor will treat your use as acceptance of the updated Universal Terms or Additional Terms.

22. General Legal Terms

22.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

22.2 The Terms constitute the whole legal agreement between you and the Licensor and govern your use of the Services (but excluding any services which the Licensor or either of them may provide to you under a separate written agreement), and completely replace any prior agreements between you and the Licensor in relation to the Services.

22.3 You agree that the Licensor may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

22.4 You agree that if the Licensor do not exercise or enforce any legal right or remedy which is contained in the Terms (or which the Licensor have the benefit of under any applicable law), this will not be taken to be a formal waiver of the Licensor's rights and that those rights or remedies will still be available to the Licensor.

22.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

22.6 You acknowledge and agree that each Affiliate of the respective Licensor shall be a third party beneficiary to the Terms and that such Affiliates shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary to the Terms.

22.7 The Terms, and your relationship with the Licensor under the Terms, shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of laws provisions. You and the Licensor agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario, Canada to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that the Licensor shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

June 28, 2018

 

Privacy Policy 

This website privacy policy (the "Privacy Policy") describes what information is collected from users of the website located at https://chartselect.humminbird.com (the "Website") and how such information is used.

This Privacy Policy applies only to this Website and the services offered through this Website, including the LiveShare service and the Humminbird FishSmart software and application (collectively the “Services”). By accessing the Website, you acknowledge and fully agree to the terms and conditions of this Privacy Policy and freely consent to the information collection and use practices described in this Privacy Policy. This Privacy Policy does not apply to any other website or service owned or operated by any third party even if a third party links to the Website, or the Website contains links to those third party website(s). 

Information We Collect and How We Use It:

ChartSelect may offer some Services that do not require you to register for an account or provide any personal information to us. However, in order to provide our full range of Services, we may collect the following types of information:

LiveShare Data Submissions - In order to provide the Service to you, we collect 1) Sonar and location related information and 2) certain Metadata identified more fully below. This information is collected in order to create and provide detailed under water charts. Sonar and location related information collected includes the location of the sonar data, the depth of each individual sounding, and ancillary sonar information required to offer current and future chart products. The metadata collected includes: who uploaded the data to the Service, when it was uploaded, when the sonar data was collected, the total number of sonar depths collected per upload, and the water type. Metadata improves the Service by allowing the Service to determine the quality of sonar data and merge it appropriately into the crowdsourced data as well as allowing users to manipulate their own sonar data. Personal information collected through the Liveshare service will not be shared except as describe under “Information sharing” below.

Information You Provide - When you sign up for a ChartSelect account or other Service or promotion that requires registration, we ask you for personal information (such as your name, email address, physical address, and an account password). For certain for fee Services, we also request credit card or other payment account information which we may maintain on secure servers. We may combine the information you submit under your account with information from other Services or from third parties in order to provide you with a better experience and to improve the quality of our Services. For certain Services, we may give you the opportunity to opt out of combining such information.

ChartSelect Cookies - When you visit ChartSelect, we may send one or more cookies - a small file containing a string of characters - to your computer that uniquely identifies your browser. We use cookies to improve the quality of our Services by storing user preferences and tracking user trends. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some ChartSelect features and Services may not function properly if your cookies are disabled.

Log Information - When you use any of the Services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

User Communications - When you send email or other communication to ChartSelect, we may retain those communications in order to process your inquiries, respond to your requests and improve the Services.

Affiliated Sites - We offer some of the Services in connection with other websites. Personal information that you provide to those sites may be sent to ChartSelect in order to deliver the Service, or vice versa. We process such information in accordance with this Privacy Policy.

Links - ChartSelect may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of the Services, customized content and advertising.

Other Sites - This Privacy Policy applies to websites and Services that are owned and operated by ChartSelect. We do not exercise control over other websites to which ChartSelect may be linked from within our various Services or advertising. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

We only processes personal information for the purposes described in this Privacy Policy. In addition to the above, such purposes include:

  • Providing our products and Services to users, including the display of customized content and advertising;
  • Auditing, research and analysis in order to maintain, protect and improve our Services;
  • Ensuring the technical functioning of our network;
  • Developing new Services;
  • Advising our users of new Services or changes to existing Services; and
  • Providing information to third parties whose products or services are made available or enhanced through ChartSelect, for the purpose of allowing those third parties to maintain, protect and enhance their services.

ChartSelect processes personal information on our servers in Canada, the USA and in other countries. We may process personal information to provide the Services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.

Exclusions

This Privacy Policy does not apply to any personal data collected by ChartSelect other than personal data collected through the Website or Services. This Privacy Policy shall not apply to any unsolicited information you provide to ChartSelect through this Website or through any other means. This includes, but is not limited to, information posted to any public areas of the Website, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Johnson Outdoors Canada Inc. shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

Children

We do not knowingly collect or solicit personal information from children under 13. If you have reason to believe that a child under the age of 13 has provided personal information through our Website, please contact us by email at dataprivacy@johnsonoutdoors.com, and we will endeavor to delete that information from our databases as soon as reasonable possible.

Choices for Personal Information

When you sign up for a particular Service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use. 

If we propose to use personal information for any purposes other than those described in this Privacy Policy and/or in the specific Service notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Privacy Policy and/or in the specific Service notices, unless we have obtained your prior consent.

You can decline to submit personal information to any of our Services, in which case ChartSelect may not be able to provide those Services to you.

Information Sharing

ChartSelect shares personal information with companies or individuals outside ChartSelect only in the following limited circumstances:

(A) We provide such information to other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

(B) We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (i) satisfy any applicable law, regulation, legal process or enforceable governmental request, (ii) enforce applicable terms of service, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, or (iv) protect against imminent harm to the rights, property or safety of ChartSelect, its users or the public as required or permitted by law.

(C) We may provide your personal information to the authors of third party applications to which you connect using a Service, for the purposes of (B) above (D) If ChartSelect becomes involved in a merger or acquisition, or any form of sale of some or all of its assets, personal information may be transferred and become subject to a different privacy policy.

(D) Your personal information may be shared with Johnson Outdoors, its parent and affiliates, in order to provide customer service and product enhancements to you. Johnson Outdoors agrees to treat your data in accordance with this Privacy Policy.

We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who used a certain Service, for example, or how many users clicked on a particular advertisement. Such information does not identify you individually.

Information Security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data.

We restrict access to personal information to ChartSelect employees, contractors and agents who need to know that information in order to operate, develop or improve the Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Data Integrity

ChartSelect processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable Service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our Services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

Accessing and Updating Personal Information

When you use any Service, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we do this free of charge, except if doing so would require a disproportionate effort.

Questions Regarding This Privacy Policy

We welcome your feedback. Please direct any questions or concerns regarding This Privacy Policy or ChartSelect's treatment of personal information by contacting us at: DataPrivacy@johnsonoutdoors.com.

Changes to This Privacy Policy

Since ChartSelect regularly reviews its policies and procedures, this Privacy Policy may change from time to time.

May 7, 2018