Terms & Conditions

Version Date: October 10th, 2024

 THESE MS360 TERMS OF USE (“MS360 TERMS”) SET FORTH A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MARINE FUTURES LIMITED (“MARINE FUTURES”), OPERATING MARINESHIFT360 UNDER EXCLUSIVE LICENSE FROM 11TH HOUR RACING, INC. (“11TH HOUR”), WHICH GOVERNS YOUR USE OF THE MARINESHIFT360 LIFE CYCLE ASSESSMENT TOOL (REFERRED TO AS THE “MS360 SYSTEM,” AS DEFINED BELOW).  BY ACCESSING OR USING THE MS360 SYSTEM:

(1) YOU ARE ACCEPTING THESE TERMS (PERSONALLY AND ON BEHALF OF ANY COMPANY OR OTHER LEGAL ENTITY THAT YOU REPRESENT WHEN USING THE MS360 SYSTEM OR THAT YOU NAME AS THE USER WHEN YOU CREATE AN ACCOUNT (COLLECTIVELY, THE “LICENSEE”)), AND

(2) YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE MS360 TERMS AND TO BIND LICENSEE TO THESE MS360 TERMS.

YOU MAY NOT ACCESS OR USE THE MS360 SYSTEM OR ACCEPT THESE MS360 TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE MS360 TERMS, DO NOT ACCESS AND/OR USE THE MS360 SYSTEM.

1. ARBITRATION NOTICE: THESE MS360 TERMS CONTAIN A BINDING ARBITRATION AGREEMENT. PLEASE SEE THE BINDING ARBITRATION AGREEMENT IN SECTION 13.7 BELOW FOR ADDITIONAL DETAILS.

2. PRIVACY POLICY. Please review our Privacy Policy, which applies to personal information processed in connection with the MS360 System.

3. DEFINITIONS. Capitalized terms in these MS360 Terms shall have the meanings assigned to them in the body of these MS360 Terms or as set forth below in this Section 3.

“11th Hour” means 11th Hour Racing, Inc., a Delaware corporation having offices at 100 Bellevue Avenue, Newport, Rhode Island 02840 USA.

“Affiliate” means any Person that controls, is controlled by, or is under common control with, a Party. For purposes of this definition, “control” means ownership, directly or through one or more Affiliates, of fifty percent (50%) or more of the shares of stock entitled to vote for the election of directors in the case of a corporation, or fifty percent (50%) or more of the equity interest in the case of any limited liability company or other type of legal entity, or any other arrangement whereby a Person controls or has the right to control the board of directors or equivalent governing body of another Person.

“Authorized User” means a natural person who is an employee or contractor of Licensee, who has been authorized by Licensee to use the MS360 System, and who has been registered to use the MS360 System with a username and password.

“Content” means all information, data, text, software, audio, images, graphics, video, messages, and/or other materials accessible through the MS360 System.

“Derived Data” means data derived from Designated Manufacturing Data by Licensee or its Affiliates or their respective contractors.

“Designated Manufacturing Data” means Manufacturing Data provided by Licensee or its Authorized Users to 11th Hour or to 11th Hour’s Affiliates or their respective contractors for the purpose of creating Derived Data.

“Effective Date” means the earlier of: the date that you accept these MS360 Terms, or the date that you begin using the MS360 System.

“Intellectual Property” or “IP” means patents, utility models, trademarks, copyrights, database rights, design rights, registered designs, trade secrets, know-how, inventions, improvements, discoveries and all other intellectual property rights and/or industrial property rights, worldwide (in each case whether registered or unregistered or registrable or unregistrable) and including applications for such rights, all extensions and renewals of the foregoing, and in each case all rights and forms of protection having equivalent and similar effect anywhere in the world.

“Licensee” means you and any company or other legal entity that you represent when using the MS360 System or that you name as the user when you create an account, and any Authorized Users.

“Manufacturing Data” means all data entered into or provided for use with the MS360 System by Licensee, including its Authorized Users, including technical data on designs, manufacturing processes, disposal, transportation, and materials, but excluding any personally identifiable information.

“MS360 Database” means 11th Hour’s database, including all components thereof, used as part of or in connection with the MS360 System.

“MS360 System” means the MarineShift360 life cycle assessment tool software, MS360 Database, MS360 website, and related Content of 11th Hour and its licensors that analyzes and provides an assessment of the environmental impact of design and manufacturing choices for marine industry products.

“Party” means Marine Futures or Licensee individually (and collectively, the “Parties”).

“Permitted Purpose” means use of the MS360 System and any output from the MS360 System for Licensee’s internal, non-commercial evaluation purposes only, for boats and other marine products, and not for any business decisions or commercial use, unless the user has purchased a licence that explicitly permits such commercial and business uses.

“Person” means any individual person, corporation, partnership, trust, government entity, limited liability company, or other legal entity.

“Term” has the meaning set forth in Section 12.1.

“Territory” means worldwide.

“Third-Party Software” means any software program which is not part of the MS360 System but which is made available to Licensee under these MS360 Terms.

4. LICENSES

4.1 License Grant to Licensee.  Subject to these MS360 Terms, Marine Futures grants to Licensee a nonexclusive, royalty-free, non-transferable license, without the right to sublicense, to use the MS360 System in the Territory for the Permitted Purpose during the Term (the “License”).

4.2 Authorized Users.  The License in Section 4.1 includes the right for Licensee to request registration of Authorized Users to use the MS360 System.  The Licensee will:

  1. be liable for the acts and omissions of its Authorized Users; and

  2. ensure that each Authorized User is aware of, and complies with, the obligations and restrictions imposed on the Licensee under these MS360 Terms, including all obligations and restrictions relating to use of the MS360 System and Marine Futures’ or 11th Hour’s Confidential Information.

4.3 Third Party Software.  Third-Party Software made available as part of, or in addition to, the MS360 System may be subject to additional third-party terms and conditions.  The Licensee agrees to comply with any terms and conditions made available to Licensee relating to such Third-Party Software.

4.4 License Grant to 11th Hour.

  1. Manufacturing Data entered into the MS360 System by Licensee or otherwise provided by Licensee shall be considered Licensee Confidential Information, unless otherwise specified in writing as non-confidential or equivalent designation by Licensee or an Authorized User.

  2. Licensee, including its Authorized Users, hereby grants to 11th Hour and its Affiliates, a worldwide, perpetual, irrevocable, transferable, nonexclusive, royalty-free license, with the right to sublicense, to use Designated Manufacturing Data to create Derived Data, which may be incorporated into the MS360 Database and use for any purpose in connection with the MS360 System.

  3. Licensee, at its option, may provide written consent for 11th Hour to incorporate Licensee’s Manufacturing Data into the MS360 Database for use of such Manufacturing Data by 11th Hour and its Affiliates and other licensees.  In such event, 11th Hour’s and Marine Futures’ confidentiality obligations (notwithstanding Section 10) with respect to such Manufacturing Data incorporated in the MS360 Database shall consist only of exercising commercially reasonable efforts to not associate the identity of Licensee with such Manufacturing Data; provided that if Licensee has designated the Manufacturing Data as non-confidential, 11th Hour and Marine Futures shall have no confidentiality obligations with respect to such Manufacturing Data.

  4. If Licensee consents to incorporation and use of its Manufacturing Data as set forth in Section 4.4(3), then Licensee, including its Authorized Users, hereby grants to 11th Hour and its Affiliates, a worldwide, perpetual, irrevocable, transferable, nonexclusive, royalty-free license, with the right to sublicense, to incorporate Manufacturing Data into the MS360 Database and to store, process, use, analyze, distribute, modify, create derivative works, display, and otherwise exploit the Manufacturing Data in connection with the MS360 System.

4.5 Additional Consideration.

  1. The Licensee’s right to use the MS360 System under these MS360 Terms may be subject to a fee.  Marine Futures may, at any time, provide written notice to Licensee of charges, or changes to charges, for future use of the MS360 System, at which time Licensee may elect to discontinue its use of the MS360 System by providing written notice to Marine Futures.

  2. In consideration for the benefits provided to Licensee, Licensee and its Authorized Users agree to support the development of the MS360 System at their own expense through one or more of the following (i) providing Manufacturing Data for purposes of testing and improving the MS360 System, (ii) providing suggestions and feedback with respect to the MS360 System, including suggestions and feedback on usability, improvements, and other technical aspects of the MS360 System (collectively, “Feedback”), and (iii) providing materials for a relevant case study of Licensee’s use of the MS360 System for Marine Futures to use for marketing purposes (“Licensee Case Study”).

  3. Licensee, including its Authorized Users, hereby grants to 11th Hour and its Affiliates, a worldwide, perpetual, irrevocable, transferable, nonexclusive, royalty-free license, with the right to sublicense, to use and exploit for any purpose any Feedback provided or disclosed hereunder by Licensee or Authorized Users.

5. LIMITATIONS ON USE

5.1 Use Restrictions.  Except as expressly permitted by these MS360 Terms or required by law, the Licensee (including its Authorized Users) will not:

  1. use, copy, modify, adapt, correct errors, or create derivative works from, the MS360 System or any component thereof, or use the MS360 System to create a competing system;

  2. decode, reverse engineer, disassemble, decompile or otherwise translate or convert the MS360 System or any component thereof;

  3. assign, sub-license, lease, resell, distribute or otherwise deal in or encumber the MS360 System;

  4. use the MS360 System, or permit it to be installed or used, on behalf of any third party or outside of the Permitted Purpose

5.2 Online Instructions.  The Licensee will use the MS360 System at all times in accordance with these MS360 Terms and with any online instructions provided by Marine Futures, including any online instructions in the MS360 System.

6. ACCESS TO MS360 SYSTEM

6.1 Delivery Model. Marine Futures will make the MS360 System available to Licensee as Software as a Service (“SaaS”), accessible using a web browser. Marine Futures will not provide copies of any software to Licensee.

6.2 Provisioning Representative.  Licensee will designate one or more of its employees as a primary contact for communication with Marine Futures (the “Provisioning Representative”) and will notify Marine Futures in writing of such designation and any changes thereto.  Licensee represents that the Provisioning Representative has authority on Licensee’s behalf to request to add and remove Authorized Users, and otherwise act on Licensee’s behalf regarding all matters associated with these MS360 Terms.

6.3 User IDs; Passwords. Marine Futures will provide Licensee with the log-in IDs, and/or authorization keys (collectively, the “Log-Ins”) each Authorized User requires to use the MS360 System.  As a material inducement for Marine Futures to issue Licensee the necessary Log-Ins and other materials as contemplated by this Section 6.3, Licensee agrees that Licensee will be solely responsible for safeguarding the Log-Ins and otherwise complying with the password and security procedures Marine Futures establishes from time to time.  Licensee will promptly request that Marine Futures assist with resetting passwords if Licensee becomes aware of any information suggesting that the security of any Log-Ins or the security procedures have been compromised in any way.

6.4 Changes to Authorized Users.  Licensee may request to add or remove Authorized Users to the MS360 System at any time during the Term by contacting Marine Futures at the following email address: support@marineshift360.org.

6.5 Technical Environment.  Licensee will acquire and maintain throughout the Term the hardware, software, web browser, and Internet access that is required to use the MS360 System in a SaaS model, and will comply with any other technical specifications that Marine Futures may provide to Licensee from time to time during the Term of this Agreement.

7. SUPPORT AND MAINTENANCE

7.1 Updates.  Unless otherwise agreed in writing, Marine Futures will not be obligated to provide Licensee with any updates or upgrades to the MS360 System during the Term.

7.2 Other Services.  Any services provided by Marine Futures to the Licensee other than as expressly provided for under these MS360 Terms will be mutually agreed to separately in a written agreement and charged to the Licensee at Marine Futures' standard charges for such services in force from time to time.

7.3 Training.  Unless otherwise agreed in writing, the Licensee will not be entitled to receive training or guidance from Marine Futures on the use of the MS360 System. Marine Futures, may elect to provide general guidance to Licensee on a case-by-case basis.

7.4 Data Backups. Licensee is responsible for maintaining its own backups of all data which it has a right to retain, in accordance with these MS360 Terms. 

8. DISCLAIMER OF WARRANTIES

8.1 DISCLAIMER.  THE MS360 SYSTEM IS PROVIDED HEREIN ON AN “AS IS” BASIS.  TO THE GREATEST EXTENT ALLOWED BY LAW, 11TH HOUR AND MARINE FUTURES EACH DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MS360 SYSTEM, ANY CONTENT OR DOCUMENTATION ASSOCIATED THEREWITH, AND ANY SERVICES PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS.  11TH HOUR AND MARINE FUTURES EACH HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR USE OR PURPOSE, ANY WARRANTY EXPRESS OR IMPLIED OF NONINFRINGEMENT, AND ANY REPRESENTATION OR WARRANTY THAT THE MS360 SYSTEM WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTION.  11TH HOUR AND MARINE FUTURES EACH FURTHER DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE NATURE AND QUALITY OF ANY OTHER PERFORMANCE BY 11TH HOUR OR MARINE FUTURES HEREUNDER.  ANY WRITTEN OR ORAL REPRESENTATION OR WARRANTY NOT EXPRESSLY CONTAINED IN THIS AGREEMENT SHALL NOT BE ENFORCEABLE BY LICENSEE.

8.2 Other Disclaimers.

  1. Without limiting the foregoing, Licensee acknowledges and agrees that no liability or obligation, however arising, whether under contract, tort, in negligence or otherwise, is assumed or accepted by 11th Hour or Marine Futures: (i) in relation to any Third-Party Software; or (ii) that the MS360 System will meet the Licensee’s individual needs, whether or not such needs have been communicated to 11th Hour and/or Marine Futures.

  2. Marine Futures will attempt to correct errors that are brought to its attention.  However, 11th Hour and Marine Futures accept no responsibility or liability whatsoever with regard to the information on the MS360 System.  This information is: (i) not necessarily comprehensive, complete, accurate or up to date; (ii) sometimes linked to external sites over which 11th Hour and Marine Futures has no control and for which 11th Hour and Marine Futures assume no responsibility; and (iii) not professional or legal advice.

9. INTELLECTUAL PROPERTY

9.1 IP Ownership.  11th Hour and its licensors exclusively own all right, title and interest in and to the MS360 System, including the MarineShift360 life cycle assessment tool software, MS360 Database, Derived Data, MS360 website, templates and other MS360 Content, and other components, and including without limitation all updates, upgrades, improvements, derivative works, enhancements, inventions, discoveries, modifications, and custom features and functions to the MS360 System, and all Intellectual Property in the foregoing.

9.2 No Implied License. All rights not expressly granted herein are reserved by their respective owners.  Except for the License granted in Section 4.1, no right or license is granted hereunder, whether by implication, estoppel or otherwise, to any Intellectual Property of 11th Hour, Marine Futures, or their respective Affiliates.

9.3 Notice of Unauthorized Use.  Licensee will promptly notify Marine Futures of any unauthorized use or access to the MS360 System upon Licensee obtaining any actual knowledge or notice thereof.

10. CONFIDENTIALITY

10.1 Definition.  “Confidential Information” means all confidential information of a Party (“Discloser”) disclosed to the other Party or its Affiliates or their respective contractors (“Recipient”) in connection with these MS360 Terms, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including any technical information or business information of 11th Hour, Marine Futures, or Licensee.  Without limiting the foregoing, the MS360 System software and the MS360 Database are the Confidential Information of 11th Hour.

10.2 Confidentiality Obligations.  The Recipient agrees:

  1. to keep secret and confidential all Confidential Information of the Discloser;

  2. to use such Confidential Information only as permitted by these MS360 Terms; and

  3. only to disclose such Confidential Information to the Recipient’s directors, officers and employees concerned in carrying out these MS360 Terms, or Recipient’s contractors, auditors or legal counsel, provided that such Persons are bound by obligations of confidentiality and restrictions on use at least as restrictive as those set out in these MS360 Terms.

10.3 Earlier Disclosures.  The Recipient confirms that the duty of confidentiality imposed by these MS360 Terms extends to any Confidential Information which has been, or may have been, disclosed or made available to it before the Effective Date despite the absence of a written agreement, these MS360 Terms merely recording in writing the oral confidentiality obligations under which the Recipient received the Confidential Information in question.

10.4 Exceptions.  Confidential Information does not include information that:

  1. was known to the Recipient before its receipt from the Discloser and is not already subject to any obligation of confidentiality to the Discloser; or

  2. has become publicly known without any breach of these MS360 Terms or fault on the part of the Recipient; or

  3. was received by the Recipient from a third party without a breach of any obligation of confidentiality owed to the Discloser; or

  4. was independently developed by the Recipient without use of the Discloser’s Confidential Information; or

  5. is Feedback as defined in Section 4.5(b); or

  6. for which the Discloser has consented in writing to disclosure of such information by Recipient.

10.5 Permitted Disclosures.  The confidentiality obligations contained in this Section 10 shall not apply to the extent that the Recipient is required to disclose the information by law or by order of a court of competent jurisdiction; provided, that the Recipient shall give written notice thereof to the Discloser and sufficient opportunity to prevent or limit any such disclosure or to request confidential treatment thereof; and provided, further, that the Recipient shall give reasonable assistance to the Discloser to preserve the information as confidential.

10.6 Press Release and Other Publicity.  Neither Party will make any public announcement or issue any press release relating to these MS360 Terms without the prior written consent of the other Party, except as may be required by applicable law or the regulations of any recognized investment exchange on which a Party’s or one of its Affiliate’s securities are listed or traded.  Neither Party may use the other Party’s name or logo in any press release or product advertising, or for any other promotional purpose, without first obtaining the other Party’s written consent.  Neither Party will disclose, publicize or distribute a Licensee Case Study (as defined in Section 4.5(b)), without first obtaining the other Party’s prior written consent.

10.7 Return of Confidential Information.  Upon the termination of these MS360 Terms or earlier request from the Discloser, the Recipient will cease its use and, upon request, within 30 days either return or destroy (and certify as to such destruction) all Confidential Information of the Discloser, including any copies of it, except for a single copy of it which may be retained for the sole purpose of determining the scope of the obligations incurred under these MS360 Terms. Notwithstanding the foregoing, 11th Hour shall be permitted to retain and use Manufacturing Data, Derived Data, and Feedback in accordance with Section 4.  Nothing in these MS360 Terms will require the Recipient to modify, alter, delete or destroy computer back-up media made in the ordinary course of business.

10.8 Survival.  The confidentiality obligations of this Section 10 will remain in force for five (5) years from the termination of these MS360 Terms.

11. LIMITATION OF LIABILITY

11.1 IN NO EVENT WILL 11TH HOUR, MARINE FUTURES, OR THEIR RESPECTIVE AFFILIATES OR LICENSORS, BE LIABLE TO LICENSEE (INCLUDING AUTHORIZED USERS) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOST REVENUES OR PROFITS, ARISING OUT OF OR RELATED TO LICENSEE’S USE OF THE MS360 SYSTEM OR THESE MS360 TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT 11TH HOUR OR MARINE FUTURES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, 11TH HOUR’S AND MARINE FUTURES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

12. TERM AND TERMINATION

12.1 Term.  These MS360 Terms will take effect from the Effective Date and will continue in force until terminated in accordance with Section 12.2 (the “Term”).

12.2 Termination for Convenience.  Marine Futures may terminate these MS360 Terms, including termination of Licensee’s and its Authorized Users’ access to the MS360 System, for convenience (without cause) at any time by providing written notice to Licensee, including email notice.

12.3 Survival of Accrued Rights.  Termination of these MS360 Terms will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, or that are expressly or by implication intended to continue beyond termination of these MS360 Terms.  Without limiting the foregoing, the following provisions will remain in force and survive the termination of these MS360 Terms: Sections 1, 2, 4.2(a), 4.2(b), 4.3, 4.4, 4.5(c), 5.1, 7.4, 8, 9.1, 9.2, 10, 11, 12.3, 12.4, and 13.

12.4 Other Effects of Termination.  Upon the termination of these MS360 Terms however occasioned Licensee will:

  1. immediately cease to hold itself out as licensed to use the MS360 System and will cease to use the MS360 System; and

  2. return to Marine Futures within 30 days of such termination all Confidential Information of 11th Hour or Marine Futures in the Licensee’s possession or control and all copies of such material, or, at Marine Futures’ direction, destroy such Confidential Information.

13. GENERAL PROVISIONS

13.1 Assignment of Rights.  Licensee shall not assign or transfer any of its rights or obligations under these MS360 Terms without the prior written consent of Marine Futures, which Marine Futures may withhold in its sole discretion. Rights granted by Licensee under these MS360 Terms may be transferred, in whole or in part, to any third party without prior notice or approval by Licensee.

13.2 Entire Agreement.  These MS360 Terms constitute the entire agreement between the parties with respect to the subject matter hereof.

13.3 Modifications. Marine Futures reserves the right to modify and update these MS360 Terms by providing such updates via the MS360 System, and to modify and update any aspect of the MS360 System, at any time in its discretion.  If we make changes, we will notify you via the change log below.  Licensee’s continued access to or use of the MS360 System will constitute Licensee’s acceptance of any such modifications and updates made to these MS360 Terms.

Change Log

  • April 10, 2020 – first published

  • March 22, 2021 – updated for beta release to pilot partners

  • October 10, 2024 – updated to reflect operation and management of MS360 by Marine Futures and the public launch of the MS360 System.

13.4 Severability.  If any provision of these MS360 Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these MS360 Terms.  

13.5 Interpretation.  Except where the context otherwise requires, the words "include," "includes" and "including" are deemed to be followed by the words "without limitation."  

13.6 Compliance with Laws.  Each Party covenants that it will comply with all applicable federal, state, and local laws, ordinances, regulations, and codes when performing its obligations and exercising its rights pursuant to these MS360 Terms.

13.7 BINDING ARBITRATION.

  1. THE PARTIES EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO LICENSEE’S USE OF THE MS360 SYSTEM OR THESE MS360 TERMS.  EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY.

  2. Either Party may exercise the right to arbitrate by providing the other Party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other Party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.

  3. Unless the Parties otherwise agree, the arbitration will be conducted in the State of Delaware, USA, by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) (available online at www.adr.org). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof. The arbitration shall be confidential. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

  4. This Section 13.7 shall not preclude either Party from seeking provisional or equitable remedies, including specific performance, in aid of arbitration from a court of appropriate jurisdiction.

13.8 Governing Law.  These MS360 Terms shall be governed by, construed and enforced in accordance with, the laws of the State of Delaware without giving effect to its principles of conflicts of laws that would cause the application of the laws of any other jurisdiction.

13.9 Electronic Communications. These MS360 Terms and any other documentation, agreements, notices, or communications between the Parties may be provided to Licensee electronically to the extent permissible by law.

13.10 How To Contact Us.  If you have any questions or communications regarding these MS360 Terms, please contact support@marineshift360.org