Version 1.1.0 (Last Modified: 5/21/2024)

Acceptance of the Terms of Use

Welcome to the Lynden Compass Software-as-a-Service Mobile Application service (the “Software“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), are entered into by and between you (“You” or “Your“) and Lynden Incorporated and its affiliates (“Company,” “We,” “Us” or “Our”) and govern Your access to and use of the Software including any Web pages, data, material, information, messages, text, graphics, images, photographs, displays, audio, video, software, documents or other content, functionality, and services provided or made available on or through the Software (collectively “Material”).

Please read the Terms of Use carefully before You start to use the Software.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SOFTWARE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED, THEN YOU ARE AGREEING TO THESE TERMS OF USE ON BEHALF OF YOURSELF AND SUCH ENTITY, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE. References to “You” and “Your” in these Terms of Use shall refer to both the individual using the Software and to any such entity.

The Software is offered and available to users who are 18 years of age or older. By using the Software, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Software.

YOU ACKNOWLEDGE AND AGREE THAT APPENDIX T (COMPUTER SOFTWARE POLICY) AND ANY OTHER APPLICABLE PORTION OF THE COMPANY’S MANAGEMENT GUIDE ARE HEREBY INCORPORATED BY REFERENCE IN ITS ENTIRETY (AND THAT ANY REFERENCES TO “EMPLOYEE” THEREIN APPLY TO YOU).

By using the Software, or by clicking to accept or agree to the Terms of Use when this option is made available to You, You accept and agree to be bound and abide by these Terms of Use and confirm that you have received Our Lynden Compass Application Privacy Notice, found at https://www.lynden.com/legal/compass/privacy/, incorporated herein by reference. If You do not agree to these Terms of Use, You must not access or use the Software.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in Our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Software thereafter.

Your continued use of the Software following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page regularly so You are aware of any changes, as they are binding on You.

Accessing the Software and Account Security

We reserve the right to withdraw or amend the Software and any service or Material We provide in connection with the Software in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Software is unavailable at any time or for any period. From time to time, We may restrict access to some or all parts of the Software to some or all users.

You are responsible for:

• making all arrangements necessary for You to have access to the Software; and
• ensuring that all persons or entities who access the Software through Your cellular service or internet connection are aware of these Terms of Use and comply with them.

To access the Software or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Software that all of the information You provide in connection with the Software is correct, current, and complete. You agree that all information You provide to register with the Software or otherwise, including through the use of any interactive features in connection with the Software, is governed by Our Lynden Compass Application Privacy Notice at https://www.lynden.com/legal/compass/privacy/, and You consent to all actions We take with respect to Your information consistent with Our Lynden Compass Application Privacy Notice.

If You choose, or are provided with, a user name, password, or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You, and You shall not provide any other person or entity with access to the Software or portions of it using Your user name, password, or other security information. You agree to notify Us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, You have violated any provision of these Terms of Use.

Intellectual Property Rights

The Software and its entire contents, features, and functionality (including all Material and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such Material and are protected by United States and international copyright, trademark, patent, trade secret, database rights and other intellectual property or proprietary rights laws.

These Terms of Use permit You to use the Software for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Material on or through the Software, except as follows:

• Your computer may temporarily store copies of such Material in RAM incidental to Your accessing and viewing those Material;
• You may store files that are automatically cached by Your Web browser for display enhancement purposes;
• You may print one copy of a reasonable number of pages of the Software for Your own personal, non-commercial use and not for further reproduction, publication, or distribution;
• if We provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by Our end user license agreement for such applications; or
• if We provide social media features with certain Material, You may take such actions as are enabled by such features.

You shall not:

• modify copies of any Material from the Software;
• use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
• delete or alter any copyright, trademark, or other proprietary rights notices from copies of Material from the Software.

You shall not access or use for any commercial purposes any part of the Software or any services or Material provided or made available on or through the Software.

Notwithstanding any provision to the contrary herein, You may access or use the Software, or any Material, services or other items available on or through the Software, for commercial purposes (a) solely for the benefit of the Company and (b) solely in your capacity as (1) an employee of or (2) authorized contractor of or service provider (e.g., owner operator) to the Company pursuant to the terms of a written agreement executed by you and the Company.

If You print, copy, modify, download, or otherwise use or provide any other person or entity with access to any part of the Software in breach of the Terms of Use, Your right to use the Software will cease immediately and You must, at Our option, return or destroy any copies of the Material You have made. No right, title, or interest in or to the Software or any Material in connection with the Software is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Software not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Software are the trademarks of their respective owners.

Prohibited Uses

You may use the Software only for lawful purposes and in accordance with these Terms of Use. You shall not use the Software:

• in any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries);
• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate Material, asking for personally identifiable information, or otherwise;
• to send, knowingly receive, upload, share, post, submit, publish, display, transmit, download, use, re-use or otherwise make available to or share with (“Post”, “Posting” or “Posted”) any Material that does not comply with the Content Standards set out in these Terms of Use;
• to transmit or procure the sending of any advertising, commercial solicitations or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation or promotional material relating to websites, services, products or other offerings which are competitive with the Company or the Software;
• to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing); or
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Software, or which, as determined by Us, may harm the Company or users of the Software, or expose them to liability.

Additionally, You shall not:

• use the Software in any manner that could disable, overburden, damage, or impair the Software or interfere with any other party’s use of the Software, including their ability to engage in real time activities on or through the Software;
• use any robot, spider, or other automatic device, process, or means to access the Software for any purpose, including monitoring or copying any of the Material in connection with the Software;
• use any manual process to monitor or copy any of the Material in connection with the Software, or for any other purpose not expressly authorized in these Terms of Use, without Our prior written consent;
• use any device, software, or routine that interferes with the proper functioning of the Software;
• introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Software, the server on which the Software is stored, or any server, computer, or database connected to the Software;
• attack the Software via a denial-of-service attack or a distributed denial-of-service attack; or
• otherwise attempt to interfere with the proper working of the Software.

User Contributions

The Software may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to Post Material (collectively, “User Contributions”) on or through the Software.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contributions You post to the Software will be considered non-confidential and non-proprietary. By providing any User Contributions in connection with the Software, You hereby grant Us a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable (through multiple tiers), transferable, right and license to host, store, use, copy, reproduce, edit, modify, transform, adapt, create derivative works based on, translate, incorporate into other works, publish, publicly perform, publicly communicate, publicly display, exhibit, broadcast, advertise, transmit, print, distribute, redistribute, index, comment on, communicate, otherwise make available to the general public, commercialize, and exploit Your User Contributions for any purpose in whole or in part and in any form, medium, channel or technology currently known or later developed including the right to incorporate or implement Your User Contributions into the Software and any of our services or products and to display, market, sublicense and distribute Your User Contributions as incorporated or embedded in the Software or any other software or any website, service or product distributed or offered by Us and the copyright, trademark, patent, trade secret, database rights, privacy and publicity rights and all other intellectual property or proprietary rights for the full duration of those rights with respect to Your User Contributions in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution and without the requirement of permission from or payment to you or any other person or entity.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us and Our affiliates and service providers, and each of their and Our respective licensees, successors, and assigns; and
• all of Your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not the Company, shall be fully responsibility for such Material, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to You or any third party for any User Contributions Posted by You or any other user of the Software.

In addition, if You provide to Us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Software, Material, Our business or otherwise, such Feedback will be deemed Material, and you hereby acknowledge and agree that such Material is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction and does not place Us under any fiduciary or other obligation.

Monitoring and Enforcement; Termination

We may, in Our sole discretion, at any time:

• block, remove or refuse to Post any User Contributions or other Material for any or no reason;
• take any action with respect to any User Contributions or other Material that We deem necessary or appropriate, including if We believe that such User Contributions or other Material violate the Terms of Use including the Content Standards; infringe any intellectual property right or other right of any person or entity; threaten the personal safety of users of the Software or the public; or could create liability for the Company;
• disclose Your identity or other information about You to any third party who claims that Material Posted by You violates their rights, including their intellectual property rights or their right to privacy;
• take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Software; or
• terminate or suspend Your access to all or part of the Software for any or no reason, including any violation of these Terms of Use.

Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone Posting any Material on or through the Software. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE REPRESENTATIVES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING –OR TAKEN AS A CONSEQUENCE OF– INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review Material before it is Posted in connection with the Software, and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or Material provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

We may (but have no obligation to), in Our sole discretion, at any time: (a) monitor, analyze, evaluate, alter or remove Material before or after any such Material is Posted in connection with the Software or (b) monitor, analyze or evaluate Your access to or use of the Software or Material. We may disclose information regarding Your access to and use of the Software or Material (including any Posting You may make or direct), and the circumstances surrounding such access and use, to anyone for any purpose or reason. We may block or disable access to the Software or any Material (in whole or part) provided or made available on or through the Software at any time.

Content Standards

The content standards (“Content Standards”) set forth in this section apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• contain any Material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• promote sexually explicit or pornographic Material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• infringe any patent, trademark, trade secret, copyright, database rights or other intellectual property, proprietary, privacy, publicity or other rights of any other person or entity;
• violate the legal rights (including the rights of publicity and privacy) of others or contain any Material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or Our Lynden Compass Application Privacy Notice;
• be likely to deceive any person or entity;
• promote any illegal activity, or advocate, promote, or assist any unlawful act;
• cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person or entity;
• impersonate any person or entity, or misrepresent Your or Our identity or affiliation with any person or entity;
• involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
• give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.

Reliance on Information Posted

The Material provided or made available on or through the Software is solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of the Material. Any reliance You place on such Material is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Material by You or any other visitor to the Software, or by anyone who may be informed of any of its contents.

The Software may include Material provided by third parties including Material provided by other users, which are solely the opinions and the responsibility of the person or entity providing such Material and which do not necessarily reflect the opinion of the Company. We are not responsible or liable to You or any third party for any Material provided by any third parties.

Changes to the Software

We may update the Material on the Software from time to time, but the Material is not necessarily complete or up-to-date. We are under no obligation to update such Material.

Information About You and Your Visits to the Software

All personal information We collect on the Software is subject to Our Lynden Compass Application Privacy Notice at https://www.lynden.com/legal/compass/privacy/. By using the Software, You consent to all actions taken by Us with respect to Your personal information in compliance with Our Lynden Compass Application Privacy Notice.

Linking to the Software and Social Media Features

You may link to Our homepage, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part without Our express written consent.

The Software may provide certain social media features that enable You to:

• link from Your own or certain third-party websites to certain Material on the Software;
• send emails or other communications with certain Material, or links to certain Material, on the Software; or
• cause limited portions of Material on the Software to be displayed or appear to be displayed on Your own or certain third-party websites.

You may use these features solely as they are provided by Us and solely with respect to the Material they are displayed with and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, You must not:

• establish a link from any website that is not owned by You;
• cause the Software or portions of it to be displayed on, or appear to be displayed by, any other website (e.g., framing, deep linking, or in-line linking);
• link to any part of the Software other than the homepage; or
• otherwise take any action with respect to the materials on the Software that is inconsistent with any other provision of these Terms of Use.

The Software from which You are linking, or on which You make certain Material accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with Us in immediately stopping any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

We may disable any or all social media features and any links at any time without notice in Our sole discretion.

Links from the Software

If the Software contains links to other websites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and We will under no circumstance be responsible or liable for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to the Software, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, advisors, agents, licensors, suppliers, successors, assigns and other representatives (“Representatives”) from and against any claims, liabilities, damages, actions, judgments, awards, losses, penalties, fines, costs, expenses, fees, deficiencies, actions, interest, penalties, fines, of whatever kind (including reasonable attorneys’ fees and costs) (“Damages”) arising out of or relating to Your violation of these Terms of Use or Your use of the Software, including Your User Contributions, any use of the Software’s Material, services, and products other than as expressly authorized in these Terms of Use, or Your use of any Material obtained from the Software.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

(A) IN NO EVENT WILL WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND OUR AND THEIR RESPECTIVE REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND INCLUDING UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, NOR FOR ANY DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY, UNAUTHORIZED INTERCEPTION BY THIRD PARTIES INCLUDING OF ANY USER CONTRIBUTIONS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES (“DAMAGES”);

(B) WITHOUT LIMITING THE FOREGOING, COMPANY (INCLUDING ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND OUR AND THEIR RESPECTIVE REPRESENTATIVES) WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE OR FROM ANY SERVICES OR MATERIALS ON THE SOFTWARE, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED OR OTHERWISE PRESENT IN CONNECTION THEREWITH;

(C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SOFTWARE OR ANY SERVICES, OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SOFTWARE IS TO STOP USING THE SOFTWARE; AND

(D) COMPANY’S (INCLUDING ITS AFFILIATES’, LICENSORS’, SERVICE PROVIDERS’, AND OUR AND THEIR RESPECTIVE REPRESENTATIVES’) MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES SHALL IN NO EVENT EXCEED USD$1.00.

ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE ON BEHALF OF COMPANY (INCLUDING ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND OUR AND THEIR RESPECTIVE REPRESENTATIVES).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Disclaimer of Warranties

You understand that We cannot and do not guarantee or warrant that Material or other files available for downloading from the internet or the Software will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Software for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED UNDER APPLICABLE LAW:

(A) IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE REPRESENTATIVES BE LIABLE FOR ANY DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER SYSTEMS, SOFTWARE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE SOFTWARE OR TO YOUR ACCESS TO, USE OF OR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SOFTWARE LINKED TO IT;

(B) YOUR USE OF THE SOFTWARE, ITS MATERIAL, AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE SOFTWARE IS AT YOUR OWN RISK;

(C) THE SOFTWARE, ITS MATERIAL, AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE SOFTWARE ARE PROVIDED ON AN “AS IS”, “WHERE IS”AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED; AND

(D) WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE (INCLUDING WITH RESPECT TO THE SOFTWARE AND ALL MATERIAL PROVIDED ON OR THROUGH THE SOFTWARE). NEITHER THE COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, USEFULNESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SOFTWARE OR ANY MATERIAL PROVIDED ON OR THROUGH THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF ITS REPRESENTATIVES MAKES ANY REPRESENTATION OR WARRANTY THAT THE SOFTWARE, MATERIAL, OR ANY SERVICES, RESULTS OR ITEMS OBTAINED ON OR THROUGH THE SOFTWARE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, SECURE, USEFUL, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SOFTWARE OR ANY IT SYSTEMS THAT MAKES THE SOFTWARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY PARTICULAR IT SYSTEM, SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SOFTWARE; OR THAT THE SOFTWARE OR ANY MATERIAL, SERVICES OR ITEMS OBTAINED ON OR THROUGH THE SOFTWARE WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO:

(A) BACKUP, PROTECT AND PROVIDE ADEQUATE SECURITY FOR YOUR DATA (INCLUDING YOUR USER CONTRIBUTIONS) AND COMPUTER SYSTEMS;

(B) OBTAIN AND PAY FOR ANY SOFTWARE, COMPUTER SYSTEMS AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SOFTWARE AND THE MATERIAL;

(C) ENSURE THAT ANY SOFTWARE, COMPUTER SYSTEMS AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SOFTWARE AND THE MATERIAL; AND

(D) EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SOFTWARE AND MATERIAL INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SOFTWARE AND ANY MATERIAL MADE AVAILABLE ON OR THROUGH THE SOFTWARE.

ANY MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SOFTWARE IS USED AT YOUR OWN DISCRETION AND RISK. WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES (INCLUDING TO YOUR COMPUTER SYSTEM OR LOSS OF DATA (INCLUDING USER CONTRIBUTIONS)) THAT RESULTS FROM OR IS RELATED TO ACESSING OR USING THE SOFTWARE OR ACCESSING, DOWNLOADING, USING OR OBTAINING ANY MATERIAL.

ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE FOR THE BENEFIT OF US AND OUR AFFILIATES AND OUR RESPECTIVE REPRESENTATIVES AND CONSTITUTE AN ESSENTIAL PART OF THESE TERMS OF USE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction

All matters relating to the Software and these Terms of Use, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Software shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in the City of Seattle. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement; Construction

The Terms of Use and Our Lynden Compass Application Privacy Notice constitute the sole and entire agreement between You and the Company regarding the Software and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Software. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, fiduciary or franchisor-franchisee relationship between You and Company. For purposes of these Terms of Use, (a) the words “include,” “includes,” and “including” shall be deemed to be followed by the words “without limitation” and (b) the word “or” is not exclusive.

Copyright Infringement; Your Comments and Concerns

The Company respects the intellectual property rights of others, and We ask You and all other individuals using the Software to do the same. If You believe that Your copyrighted work has been copied and is accessible in connection with the Software in a way that constitutes copyright infringement, please send a notice to the Company’s Copyright Agent containing the following information:

• the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
• a description of the copyrighted work that You claim has been infringed and a description of the infringing activity; or
• a description of where the material that You claim is infringing is located, such as the URL where it is Posted;
• Your name, address, telephone number, and email address;
• a statement by You that You have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
• 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 are authorized to act on the copyright owner’s behalf.

The Company’s Copyright Agent for notice of claims of copyright infringement can be reached at:
Lynden Incorporated
Legal Department – Copyrights
18000 International Blvd., Suite 800
SeaTac, WA 98188
Webmaster@Lynden.com

All other feedback, comments, requests for technical support, and other communications relating to the Software should be directed to: Webmaster@Lynden.com.