These Website Terms of Use (“Terms of Use”) describe the terms and conditions by which you may access and/or use the www.tideworks.com or any other website that links to these Terms of Use (our “Sites”), including any and all content and functionality offered on or through the Sites, made available by Tideworks Technology, LLC. (including its successors and assigns, “Tideworks,” “we,” “our,” or “us”). These Terms of Use apply to all visitors and others who access the Sites (collectively, “Users,” and, as applicable to you, “you” or “your”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 12 (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 13 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (AS DEFINED BELOW), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS (AS DEFINED BELOW), AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING. By using or downloading information from this website, you represent that you have read and understand these Terms of Use and agree to be bound by them.  If you do not agree with these Terms of Use, in whole or in part, please do not continue to use this website or the products or services available through it.

A. GENERAL TERMS OF USE

  1. Changes to these Terms of Use. Tideworks Technology, LLC. (“Tideworks,” “us,” “our,” or “we”) may modify these Terms of Use at any time, without notice, by updating this page.  Please check this page periodically for changes since your continued use of this website following the posting of changes will indicate your acceptance of those changes.

These Terms of Use were last updated on October 27, 2026.

  1. Products, Content and Specifications. All features, content, specifications, products, and services described or depicted on this website are subject to change at any time without notice.
  2. Use of this Website. These Terms of Use permit you to use the website for your personal, non-commercial use only. The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website (“Materials”) are either the property of, or used with permission by, Tideworks and are protected by copyright, trademark, and other laws and treaties.  Except for the purpose of page caching and as otherwise explicitly set forth in these Terms of Use, you may not modify, reproduce, publicly display, perform, distribute, or otherwise use any Materials.  For purposes of illustration and not limitation, you may not (a) resell or otherwise provide the Materials to a third party (whether for free or for a fee) or (b) use any deep-link, page-scrape, spider, robot, or other automatic device, program, algorithm, or methodology for the purpose of data mining, data extraction, or for similar purposes. You also may not reverse engineer, disassemble, or decompile any software contained on or accessed through this website.
  3. DISCLAIMERS OF WARRANTIES. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TIDEWORKS PROVIDES THE MATERIALS AND SERVICES ON THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TIDEWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET, WE DO NOT WARRANT THAT THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE ARE COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
  4. LIMITATIONS OF LIABILITY. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS WEBSITE. IN NO EVENT WILL TIDEWORKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, PRODUCTS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. OUR TOTAL AGGREGATE LIABILITY TO YOU WITH RESPECT TO THIS WEBSITE AND ANY MATERIALS, PRODUCTS, OR SERVICES PROVIDED OR ACCESSIBLE THEREIN IS LIMITED TO THE GREATER OF (A) AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, DAMAGE, CLAIM, OR LOSS; OR (B) U.S. $100.  THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT (AND ONLY TO THE EXTENT) PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
  5. Trademarks. Certain trademarks, trade names, service marks, and logos (collectively, “Marks”) used or displayed on this website are the exclusive property of Tideworks and/or our affiliates. Other Marks used or displayed on this website are the property of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without our written permission or the written permission of such third party owner.
  6. Linking to this website. You may not link to this website or run or display this website or any Material in frames or through similar means without our prior written permission.
  7. Third Party Links. From time to time, this website may contain links to websites that are not owned, operated, or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website and your use of the linked website will be governed by that website’s terms of use and privacy policy. Neither we nor any of our affiliates are responsible for any content, materials, or other information located on or accessible from any other website. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
  8. User Communications. Tideworks welcomes comments and other submissions from the users of our website.  Any comments, suggestions, ideas, or any other materials submitted to Tideworks, either online, offline, or posted on this website (collectively, “User Communications”), will become Tideworks’s property upon its submission or posting.  Tideworks shall be entitled to unrestricted use of the User Communications including, without limitation, to promote and market the Tideworks brand, products, and services for any commercial or noncommercial use we deem appropriate, without compensation to the provider of the User Communications.  None of the User Communications shall be subject to any obligation of confidence on the part of Tideworks, and Tideworks shall not be liable for any use or disclosure of any User Communications.  Notwithstanding the foregoing, any personal information you submit to Tideworks will be held in confidence by us as set forth in our Privacy Policy.We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. You represent and warrant that you own or otherwise control all of the rights to the User Communications that you post on the website and that use of your User Communications by Tideworks does not and will not infringe upon, misappropriate, or violate the rights of any third party.  We retain the right to remove any User Communications, in whole or in part, for any or no reason.
  1. Inappropriate Material. You shall not upload to, distribute, or otherwise publish through the website any content, information, or other material that (a) violates, misappropriates, or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties.  We will have no liability related to the content of any of the foregoing materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
  2. Use of Website Outside the U.S. We control this website from our offices within the State of Washington, USA.  Although accessible by others, this website and its content are intended for access and use by U.S. residents only. We make no representation that the content of the website is appropriate or available for use in other locations.  You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this website.
  3. Arbitration Agreement. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (w) these Terms of Use, including the formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability thereof; (x) access to or use of the Sites, including receipt of any advertising or marketing communications; (y) any transactions through, by, or using the Sites; or (z) any other aspect of your relationship or transactions with us, directly or indirectly, as a User or consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms of Use. You agree that: (i) the Site will be deemed solely based in the state of Washington; and (ii) the Site will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Washington. These Terms of Use will be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms of Use, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, “FAA”) governs the interpretation and enforcement of the Arbitration Agreement and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Washington for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security, confidential information, or Intellectual Property Rights, as set forth in the Arbitration Agreement, including any provisional relief required to prevent irreparable harm. You agree that Washington is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Arbitration Agreement is found to be unenforceable. These Terms of Use were drafted in the English language and this English language version of these Terms of Use is the original, governing instrument of the understanding between you and us. In the event of any conflict between the English version of these Terms of Use and any translation, the English version will prevail.
    1. Opting Out of Arbitration Agreement. If you are a new User, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms of Use by emailing us at Tideworks.Info@Tideworks.com with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms of Use, including the provisions regarding controlling law or the courts in which any disputes must be brought.
    2. Dispute-Resolution Process. For any Claim, you will first contact us at Tideworks.Info@Tideworks.com and attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S., county where you live (if applicable) or King County, Washington, unless you and Tideworks agree otherwise. You understand and acknowledge that: (x) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (y) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (z) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms of Use are, or whether any provision of these Terms of Use is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
    3. Equitable Relief. NOTHING IN THIS ARBITRATION AGREEMENT WILL BE DEEMED AS: PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, CONFIDENTIAL INFORMATION, OR INTELLECTUAL PROPERTY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN A SMALL CLAIMS COURT, PROVIDED THAT YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.
    4. Severability. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
  1. Class Action/Jury Trial Waiver. BY ENTERING INTO THESE TERMS OF USE, YOU AND TIDEWORKS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES). THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. YOU AND TIDEWORKS AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED WILL NOT AFFECT OTHER USERS.
  2. General Provisions. These Terms of Use and our Privacy Policy are the entire agreement between Tideworks and you relating to your access or use of this website and the products and services accessible through the website.  No failure or delay on the part of Tideworks to exercise any right, power, or remedy under these Terms of Use shall operate as a waiver; nor shall any single or partial exercise by Tideworks of any right, power, or remedy under these Terms of Use preclude any other or further exercise of any right, power, or remedy.
  3. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of laws. By using this website, you unconditionally agree to submit to the jurisdiction of the state and federal courts located in Seattle, Washington, USA.
  4. Termination. We may suspend or terminate your use of this website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.
  5. Severability. If any term or condition of these Terms of Use shall be deemed to be invalid, void, illegal, or unenforceable for any reason, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.
  6. Additional Assistance. If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to contact our customer service department at Tideworks.Info@Tideworks.com.