6.0 Warranty and Limit of Liability

6.1 Data Privacy and Warranty

The complete Seakeeper warranty details may be found on the Seakeeper website www.seakeeper.com.

Register your Seakeeper at the Seakeeper Warranty Registration page.

Seakeeper Data Privacy

The Default Data Setting has been activated for your Seakeeper Unit. In compliance with Seakeeper’s Privacy Policy, the Default Data Setting collects pertinent data and information relative to the installed Seakeeper Unit. You are consenting to push such data and information for Seakeeper’s internal usage and for service interventions. You can turn off the Default Data Setting by going to the “Settings Tab” of the Seakeeper application on the boat’s Multifunction Display (MFD).

Seakeeper’s current Privacy Policy indicates that Seakeeper Inc. and all its subsidiaries (collectively “Seakeeper”) collect, store, and use your personal information in connection with and to provide and develop Seakeeper’s products, mobile applications, services, and websites (together the “Service”). Data collected directly from your Seakeeper Unit includes, but is not limited to, the following:

• Boat speed
• Course over ground
• Latitude/Longitude (position)
• Accelerations (fore/aft, up/down, and side/side)
• Angles (roll, pitch, and yaw)
• Rates (roll, pitch, and yaw)
• Seakeeper metrics (System on/off, enclosure position, and faults)

By providing us information or using or accessing the Service you give consent to the processing, use and disclosure of your Seakeeper data and other content (“User Content”). Seakeeper will not rent or sell your information to third parties outside Seakeeper without your consent, except as noted in its Privacy Policy located at https://www.seakeeper.com/privacy-policy.

In addition to some of the specific uses of information we describe in our Privacy Policy, we may use information that we receive to:

• Manage your customer relationship and provide you with customer support
• Help you efficiently access your information after you sign in
• Provide, improve, test, and monitor the effectiveness of our Service
• Develop and test new products and features
• Diagnose or fix technology problems
• Enforce our terms and conditions
• Manage our business
• Perform functions as otherwise described to you at the time of collection

To set or change your Default  Data Setting preference to deny sharing data, perform the following procedure.

1. At your MFD display, OPEN the Seakeeper application.
2. NAVIGATE to the Settings page (gears icon).
3. PRESS AND HOLD the gears icon again until a second screen appears (Figure 4).

4. SELECT the Data Logging tab.
5. SELECTDeny option from the dropdown menu of Logger Data Export.

Seakeeper Standard Models

This warranty starts upon the installation of the Product, and the warranty period is for the shorter of the following periods:

1. Twenty-four (24) months from purchase date of a vessel on which the Product is installed; 
2. Twenty-four (24) months from date the Product is installed on an existing vessel (refit); or 
3. Two thousand (2000) operating SEA hours, subject to verification and confirmation by SEAKEEPER. 

Exclusions

Any installation, repair or any handling of the Product shall be done only by an authorized person trained and explicitly authorized in writing by SEAKEEPER. 

This warranty shall be void and not apply to or resulting from: 

• ANY UNAUTHORIZED MODIFICATION OF THE PRODUCTS AS SHIPPED WILL RESULT IN VOIDING THIS WARRANTY. 
• An application or installation method not approved by Seller, including improper or inadequate site preparation, faulty installation, handling during maintenance or otherwise, if any, by the Customer, as well as to defects attributable to loading/shipment/delivery of the Product or any other defect or damage not attributable to SEAKEEPER. 
• Defects resulting from Customer’s or any third-party interface of equipment, hardware or software if installed, connected, or loaded into and/or onto the Product. 
• Misuse, operator error or fault caused by the failure of an external unit (i.e., Sea Water pump, Ships power supply). 
• Any negligent or willful misconduct. 
• Excessive exposure to water (salt or fresh) including submersion (partial or full). 
• Acts of Nature such as, but not limited to, fire, flood, wind, and lightning. 
• Improper use or operation of the vessel. 
• Failure of the Customer to strictly comply with any of the following requirements:
  
  • Operation and Maintenance according to the guidelines and recommendations specified in the SEAKEEPER Operation Manual.
    
    • Proof of such compliance shall be provided upon request. 

Warranty Activation

A Warranty Registration must be fully completed and sent to SEAKEEPER for review, approval and registration upon delivery of the vessel to the first retail Customer. Warranty registration and expiration date confirmation can be achieved by providing SEAKEEPER, a copy of the original bill of sale, purchase agreement, Customer’s name, address and SEAKEEPER Product Serial Number along with current RUN / SEA hours to SEAKEEPER’s warranty registration department within thirty (30) days of purchase. 

For removal of doubt, it is clarified that the activation date shall in no event affect the warranty period set forth herein. 

6.2 Limitation of Liability

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, SEAKEEPER, INC., SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF THE PERFORMANCE, DELAYED PERFORMANCE OR BREACH OF PERFORMANCE OF THIS ORDER REGARDLESS OF WHETHER SUCH LIABILITY IS CLAIMED IN CONTRACT, EQUITY, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SEAKEEPER’S OBLIGATION IS LIMITED SOLELY TO REPAIRING OR REPLACING (AT ITS OPTION AND ONLY AS SET FORTH HEREIN), AT ITS APPROVED REPAIR FACILITY, ANY GOODS OR PARTS WHICH PROVE TO SEAKEEPER’S SATISFACTION TO BE DEFECTIVE AS A RESULT OF DEFECTIVE MATERIALS OR WORKMANSHIP, IN ACCORDANCE WITH SEAKEEPER, INC.’S STATED WARRANTY. IN NO EVENT SHALL SEAKEEPER’S CUMULATIVE LIABILITY EXCEED THE TOTAL PURCHASE PRICE SETFORTH IN THIS ORDER. CUSTOMER HOLDS HARMLESS SEAKEEPER AND INDEMNIFIES SEAKEEPER FOR ANY ACT OR OMISSION TO ACT THAT VOIDS THE LIMITED WARRANTY OR OTHERWISE BREACHES CUSTOMER’S OBLIGATIONS PURSUANT TO THE TERMS AND CONDITIONS OF SALE. 

The terms and conditions of this warranty are the entire agreement between the Parties relating to the warranty obligations of SEAKEEPER to the Products. There are no other express or implied terms or conditions of this warranty.