Welcome to Belowdex!

Terms of Use - Privacy Policy - Warnings

Terms of Use

Shipshape Technology Inc.

Product and App Service Privacy and Security Policy

Welcome to BELOWDEX.

The SHIPSHAPE TECHNOLOGY BELOWDEX App does not replace the marine authorities requirement to physically see the mandatory equipment on board the vessel. This APP is not a replacement for proper visual and physical inspections of the equipment’s proper functionality and maintenance. You agree to use this App Service only for the purpose as permitted by this agreement and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.

THIS LEGAL AGREEMENT BETWEEN YOU AND SHIPSHAPE TECHNOLOGY GOVERNS YOUR USE OF THE BELOWSDEX PRODUCT SERVICES, SOFTWARE AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “APP SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING "AGREE," YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO USE THE APP SERVICE.
 
Changing the App


SHIPSHAPE reserves the right to modify or terminate the App Service  (or any part thereof), either temporarily or permanently without notification. You agree that SHIPSHAPE TECHNOLOGY shall not be liable to you or any third party for any modification or cessation of the App Service. 

Limitations on Use
You agree to use the App Service only for purposes as permitted by this Agreement and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.


To the extent you choose to access and use the App, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
 
Trademark Information
  
Apple and App Store are registered trademarks of Apple Inc.


Android and Google Store are registered trademarks of Google Inc.

Restriction of Liability

SHIPSHAPE TECHNOLOGY make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents of this App Service and expressly disclaims liability for errors and omissions in the contents of this App Service. No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to the contents of this App Service or its hyperlinks to other Internet resources. Reference in this App Service to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by the SHIPSHAPE TECHNOLOGY.

Ownership

Information presented on this App Service is considered public information and may be distributed or copied. However, all information submitted to the SHIPSHAPE TECHNOLOGY via this App Service shall be deemed and remain the property of SHIPSHAPE TECHNOLOGY, except those submissions made under separate legal contract.


What We Collect and Store Automatically

Your privacy is important to us. This App Service collects information about you, your boats and your emergency contacts for sole use by the App. The App Service uses this information to generate email messages, with your trip details, to your contacts, selected by you. The App Service does not otherwise collect, use, disclose, transfer, transmit, or store your information for any other purpose. 

We collect no personal information about you when you visit our website unless you choose to provide this information to us. However, we collect and store certain information automatically. Here is how we handle information about your visit to our website.


If You Send Us E-mail

You may choose to provide us with personal information, as in e-mail with a comment or question. We use the information to improve our service to you or to respond to your request. Except for authorized law enforcement investigations, we do not share our e-mail with any other outside organizations.


Information Protection

If you visit our web site, for site security purposes and to ensure that this service remains available to all users, SHIPSHAPE TECHNOLOGY computer systems employ software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. If such monitoring reveals evidence of possible abuse or criminal activity, such evidence may be provided to appropriate law enforcement officials. Unauthorized attempts to upload or change information on this server are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act or other law.
Linking Policy


SHIPSHAPE TECHNOLOGY links to many websites created and maintained by other public and/or private organizations. SHIPSHAPE TECHNOLOGY provides these links as a service to our users. When users link to an outside website, they are leaving the SHIPSHAPE TECHNOLOGY site and are subject to the privacy and security policies of the owners/sponsors of the outside website(s).
Certain content, components or features of the App Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because SHIPSHAPE TECHNOLOGY has no control over such third party sites and/or materials, you acknowledge and agree that SHIPSHAPE TECHNOLOGY is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that SHIPSHAPE TECHNOLOGY shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.


Prohibitions


SHIPSHAPE TECHNOLOGY will not link to any website that exhibits hate, bias or discrimination. Furthermore, we reserve the right to deny or remove any link that contains misleading information or unsubstantiated claims, or is determined to be in conflict with SHIPSHAPE TECHNOLOGY mission or policies.
Disclaimer of Endorsement
The information posted on the SHIPSHAPE TECHNOLOGY website includes hypertext links or pointers to information created and maintained by other public and/or private organizations. SHIPSHAPE TECHNOLOGY provides these links and pointers solely for our users' information and convenience. When users select a link to an outside website, they are leaving the SHIPSHAPE TECHNOLOGY site and are subject to the privacy and security policies of the owners/sponsors of the outside website.

  • SHIPSHAPE TECHNOLOGY does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked website.
    • SHIPSHAPE TECHNOLOGY does not endorse the organizations sponsoring linked websites and we do not endorse the views they express or the products/services they offer.
    • SHIPSHAPE TECHNOLOGY does not and cannot authorize the use of copyrighted materials contained in linked websites. Users must request such authorization from the sponsor of the linked website.
    • SHIPSHAPE TECHNOLOGY is not responsible for transmissions users receive from linked websites.
    • SHIPSHAPE TECHNOLOGY does not guarantee that outside websites comply with the requirements of Section 508 (Accessibility Requirements) of the Rehabilitation Act.

Retention of Information

We destroy the information we collect when the purpose for which it was provided has been fulfilled unless we are required to keep it longer by statute or official policy. Electronically submitted information is maintained and destroyed according to the principles of the Federal Records Act and the regulations and records schedules approved by the National Archives and Records Administration and in some cases information submitted to us may become an agency record and therefore might be subject to a Freedom of Information Act request.

Notice of Monitoring

When you enter an SHIPSHAPE TECHNOLOGY System, which may be used only for authorized purposes. SHIPSHAPE TECHNOLOGY may monitor and audit usage of this system, and all persons are hereby notified that use of this system constitutes consent to such monitoring and auditing. Unauthorized attempts to upload information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986 and 18 U.S.C. §§1001 and 1030.


Updates

As part of the App Service, you may from time to time receive update notifications to the App Service from the Apple App Store which may be manually downloaded and installed to your device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the App. You agree that such updates to you are initiated by you.


Disclaimer of Warranties


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

 SHIPSHAPE TECHNOLOGY SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE APP SERVICES. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.
 SHIPSHAPE TECHNOLOGY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APP SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SHIPSHAPE TECHNOLOGY MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHIPSHAPE TECHNOLOGY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, SHIPSHAPE TECHNOLOGY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
 SHIPSHAPE TECHNOLOGY DOES NOT REPRESENT OR GUARANTEE THAT THE APP SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SHIPSHAPE TECHNOLOGY DISCLAIMS ANY LIABILITY RELATING THERETO.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE APP SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.



Indemnity


You agree to defend, indemnify and hold SHIPSHAPE TECHNOLOGY, its officers, directors, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the App Service; (b) your use of the Service; (c) any violation by you of this Agreement; (d) any action taken by SHIPSHAPE TECHNOLOGY as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue SHIPSHAPE TECHNOLOGY, its directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of SHIPSHAPE TECHNOLOGY conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the App Service. You acknowledge that you are responsible for all use of the App Service. You agree to comply with this Agreement and to defend, indemnify and hold harmless SHIPSHAPE TECHNOLOGY from and against any and all claims and demands arising from usage of this App Service, whether or not such usage is expressly authorized by you.


Changes


SHIPSHAPE TECHNOLOGY reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. If you do not agree with them, you must stop using the App Service. Your continued use of the App Service will be deemed acceptance of such modifications and additional terms and conditions.


Location-Based Services


Future enhancements to this App Service may collect, use, and share precise location data, including the real-time geographic location of your device. This location data is collected anonymously in a form that does not personally identify you and is used to provide and improve location-based products and services.


SHIPSHAPE TECHNOLOGY warrants that: (a) new BELOWDEX products (“Products”) will be free from defects in material and workmanship for 1 year from the date of purchase, and (b) exchange units delivered to Customer to replace a defective Product returned to SHIPSHAPE TECHNOLOGY by Customer will be free from defects in material and workmanship for the remainder of the defective and returned Product’s original warranty. SHIPSHAPE TECHNOLOGY ‘s warranty shall not apply to any Products that are not operated in conformity with SHIPSHAPE TECHNOLOGY’s published instructions, or to any Products which have been subject to misuse, abuse, negligence, or accident, or altered or repaired by anyone other than SHIPSHAPE TECHNOLOGY or SHIPSHAPE TECHNOLOGY It's authorized agent. In addition, this limited warranty does not cover any Product that has been damaged by causes external to the Product (including, without limitation, failure of or faulty electrical power) or that has been used in violation of SHIPSHAPE TECHNOLOGY’s instructions for use.

In all cases, SHIPSHAPE TECHNOLOGY has sole responsibility and discretion for determining the cause and nature of a Product defect, and SHIPSHAPE TECHNOLOGY’s determination with regard thereto shall be final. Customer must notify SHIPSHAPE TECHNOLOGY of any breach of warranty within the applicable warranty period and obtain an RMA number in accordance with SHIPSHAPE TECHNOLOGY’s standard RMA process. Customer’s exclusive remedy and SHIPSHAPE TECHNOLOGY sole obligation for any breach of warranty shall be, at SHIPSHAPE TECHNOLOGY option, the repair of the Product or replacement of such Product with a Product of the same type, or the refund of the Purchase Price (defined below) for such Product.  When notifying SHIPSHAPE TECHNOLOGY of, or returning to SHIPSHAPE TECHNOLOGY, any Products that fail to meet an applicable warranty, Customer shall comply with SHIPSHAPE TECHNOLOGY then-current Return Material Authorization procedure (available upon request).  SHIPSHAPE TECHNOLOGY will pay freight on Products returned to Customer which are covered by the warranty Customer will pay freight on Products returned to SHIPSHAPE TECHNOLOGY that are not covered by warranty. SHIPSHAPE TECHNOLOGY owns, and Customer hereby assigns to SHIPSHAPE TECHNOLOGY ownership of, any part, component, or item removed from a Product by SHIPSHAPE TECHNOLOGY under these Terms for any reason.


Assumption of Risk

By clicking “OK”, you agree to accept all responsibility for using this application as outlined in the agreement. If you do not agree, press the home button to quit this app.

THE EXPRESS WARRANTIES STATED IN THIS DOCUMENT ARE MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.  SHIPSHAPE TECHNOLOGY DOES NOT MAKE, AND HEREBY DISCLAIMS, ALL WARRANTIES AND CONDITIONS INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO WARRANTIES ARE MADE BY ANY OF SHIPSHAPE TECHNOLOGY’S LICENSORS OR SUPPLIERS. No agent, representative or employee of SHIPSHAPE TECHNOLOGY It has any authority to make any representations or warranties on behalf of SHIPSHAPE TECHNOLOGY.

THE PRODUCT IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL FOR EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE DEVICE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). SHIPSHAPE TECHNOLOGY AND ITS AUTHORIZED RESELLERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES, AND TENDRIL, ITS AUTHORIZED RESELLERS AND ITS AND THEIR SUPPLIERS WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE DEVICE.

Proper use

To comply with FCC RF exposure compliance requirements this unit must be operated in the hand with a minimum separation of 22cm from the body and other persons. Other operating configurations should be avoided

 

Modifications

Any modifications made to this device that are not approved by SHIPSHAPE TECHNOLOGY. may void the authority granted to the user by the FCC to operate this equipment.

FCC Class B Notice

This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions:

  1. This device may not cause harmful interference.
  2. This device must accept any interference received, including interference that may cause undesired operation.

Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:

  • Reorient or relocate the receiving antenna.
  • Increase the separation between the equipment and receiver.
  • Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
  • Consult the dealer or an experienced radio/television technician for help

Industry Canada Statement

This device complies with RSS­210 of Industry Canada. Operation is subject to the following two conditions: (1) this device may not cause interference, and (2) this device must accept any interference, including interference that may cause undesired operation of the device.

This Class B digital apparatus complies with Canadian ICES­003.

Cet appareil numérique de la classe B est conforme à la norme NMB­003 du Canada.

CAUTION RISK OF EXPLOSION IF BATTERY IS REPLACED BY AN INCORRECT TYPE

ATTENTION RISQUE D'EXPLOSION SI LABATTERIE EST REMPLACE PAR UN TYPE INCORRECT. Jetez les piles usagées SELON LES INSTRUCTIONS

Last updated: May 05, 2016