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Website Disclaimer
Materials and Documents Disclaimer
Purchasing and Ordering Disclaimer
Website Disclaimer
The following terms and conditions, along
with all other terms and legal notices located on this MyBoatStore.com website
(collectively, “Terms”), govern your use of this MyBoatStore.com website (the
“Website”). If you do not understand and agree to be bound by all Terms, do not
use this Website. Your use of this Website at anytime constitutes a binding
agreement by you to abide by these Terms.
Restrictions Regarding Materials
(a)
All information, documents, software, images,
photographs, text, services and other similar materials (collectively,
“Materials”) contained in this Website are provided by MyBoatStore.com or its
third party manufacturers, authors, developers and vendors (“Third Party
Providers”) and are the copyrighted work of MyBoatStore.com and/or the Third
Party Providers. Except as stated herein, none of the Materials may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the prior
express written permission of MyBoatStore.com or the Third Party Provider. No
part of the Website, including logos, graphics, sounds or images, may be
reproduced or retransmitted in any way, or by any means, without the prior
express written permission of MyBoatStore.com. You also may not, without
MyBoatStore.com's prior express written permission, "mirror" any Materials
contained on this Website on any other server.
(b)
Nothing on this Website shall be construed as
conferring any license under any of MyBoatStore.com's or any Third Party
Provider's intellectual property rights, whether by estoppels, implication, or
otherwise. You acknowledge sole responsibility for obtaining any such licenses.
(c)
Permission is granted to display, copy,
distribute and download MyBoatStore.com's Materials on this Website provided
that: (1) both the copyright notice identified below and this permission notice
appear in the Materials, (2) the use of such Materials is solely for personal,
non-commercial and informational use and will not be copied or posted on any
networked computer or broadcast in any media, and (3) no modifications of any of
the Materials are made. This permission terminates automatically without notice
if you breach any of these terms or conditions. Upon termination, you will
immediately destroy any downloaded or printed Materials. Any unauthorized use of
any Materials contained on this Website may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications regulations and
statutes.
(d)
Materials provided by Third Party Providers
have not been independently authenticated in whole or in part by
MyBoatStore.com. MyBoatStore.com does not provide, sell, license, or lease any
of the Materials other than those specifically identified as being provided by
MyBoatStore.com. MyBoatStore.com is committed to respecting others' intellectual
property rights, and we ask our users to do the same. MyBoatStore.com may, in
its sole discretion, terminate the access rights of users who infringe or
otherwise violate others' intellectual property rights.
Links to
Third Party Sites
This
Website may be linked to other websites which are not under the control of and
are not maintained by MyBoatStore.com. MyBoatStore.com is not responsible for
the content of those sites. MyBoatStore.com is providing these links to you only
as a convenience, and the inclusion of any link to such sites does not imply
endorsement by MyBoatStore.com of those sites.
User
Submissions and Information
(a)
We at MyBoatStore.com are committed to
respecting your privacy and recognize your need for appropriate protection and
management of personally identifiable information you share with us (any
information by which you can be identified, such as name, address, and telephone
number). That is why MyBoatStore.com has established this privacy policy, so
that you can understand the care with which we intend to treat your
information. In general, you can visit MyBoatStore.com without telling us who
you are or revealing any personal information about yourself. We track the
Internet address of the domains from which people visit us and analyze this data
for trends and statistics, but the individual user remains anonymous. Some of
our Web pages utilize "cookies" so that we can better serve you with more
tailored information when you return to our site. Cookies are identifiers which
a Website can send to your browser to keep on your computer to facilitate your
next visit to our site. You can set your browser to notify you when you are
sent a cookie, giving you the chance to decide whether or not to accept it. The
information we collect and analyze is used to improve our service to you.
(b)
There are times when we may collect personal
information from you. It is our intent to inform you before we do that and to
tell you what we intend to do with the information. You will have the option not
to provide the information, and in the future you will be able to "opt out" of
certain uses of the information. If you choose not to provide the information we
request, you can still visit most of the MyBoatStore.com Website, but you may be
unable to access certain options, offers, and services. We will take appropriate
steps to protect the information you share with us from unauthorized access or
disclosure.
Disclaimer
of Warranty
THE
MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS" AND ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES ARE DISCLAIMED BY MYBOATSTORE.COM AND
ITS THIRD PARTY PROVIDERS. NEITHER MYBOATSTORE.COM NOR ITS THIRD PARTY PROVIDERS
MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED
ON THE WEBSITE.
Limitations
of Liability
MYBOATSTORE.COM SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR
USE OF THIS WEBSITE OR YOUR USE, MODIFICATION, SUBMISSION, COPYING,
DISTRIBUTION, OR DOWNLOADING OF THE MATERIALS. IN ADDITION, IN NO EVENT SHALL
MYBOATSTORE.COM BE LIABLE TO YOU IN ASSOCIATION WITH THE WEBSITE OR MATERIALS
FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER
ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN
TORT, EVEN IF MYBOATSTORE.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
Local Laws
MyBoatStore.com controls and operates this Website from its headquarters in Ohio
and makes no representation that these Materials are appropriate or available
for use in other locations. If you use this Website from other locations, you
are responsible for compliance with applicable local laws including but not
limited to the export and import regulations of other countries. Unless
otherwise explicitly stated, all marketing or promotional materials found on
this Website are solely directed to individuals, companies or other entities
located in the United States.
General
(a)
This Website could include inaccuracies or
typographical errors. MyBoatStore.com and the Third Party Providers may make
improvements and/or changes in the products, services, programs, and prices
described in this Website at any time without notice. Changes are periodically
made to the Website.
(b)
MyBoatStore.com will have people from all over
the United States using this Website. So in order to ensure consistency in the
interpretation and enforcement of these Terms, these Terms, the Website, and
your use of the Website will be governed in all respects by the laws of the
State of Ohio, USA, (exclusive of its choice of law rules), and the federal laws
of the United States. In addition, any suit brought by you in relation to these
Terms, this Website, or your use of the Website must be maintained in a state or
federal court located in the State of Ohio, and you submit to the personal
jurisdiction of such courts.
(c)
These Terms represent the entire understanding
relating to the use of the Website and prevail over any prior or
contemporaneous, conflicting, additional, or other communications.
MyBoatStore.com can revise these Terms at any time without notice or consent by
updating this posting.
(d)
In the event any or a portion of the provisions
of these Terms are held invalid, illegal or otherwise unenforceable by a Court,
such provision shall be deemed amended to be valid, legal and enforceable to the
fullest extent permitted under applicable law, and the remaining provisions of
these Terms shall remain in full force and effect. These Terms are binding upon
you and your heirs, representatives, successors and assigns. The headings of the
several articles and subdivisions of these Terms are inserted solely for the
convenience of reference and shall have no further meaning, force or effect. No
third party shall be a beneficiary of any provision of these Terms, except with
the express written consent of MyBoatStore.com.
Materials and
Documents Disclaimer
All of the
information, data, advice, instructions, and other materials are provided to you
free of charge (“Materials”). As such, MyBoatStore.com does not make any
representations or warranties with respect to any Materials or the results you
will achieve through their use. MYBOATSTORE.COM DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU OR
OTHERWISE WITH RESPECT TO THE MATERIALS. MyBoatStore.com is not, nor will it be,
liable for any personal or property injury, damage and/or liability, whether in
the form of direct, indirect, consequential, special, exemplary or other
damages, arising out of your use of or reliance upon the Materials, or the acts
or omissions of MyBoatStore.com in relation to the Materials.
Purchasing and
Ordering Disclaimer
READ THESE
TERMS. IN PURCHASING A PRODUCT YOU UNDERSTAND AND AGREE TO THE TERMS BELOW. IF
YOU DO NOT UNDERSTAND AND AGREE WITH THESE TERMS THEN DO NOT PLACE AN ORDER FOR
A PRODUCT.
PRICING.
ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. EVERY EFFORT HAS BEEN MADE TO
ENSURE ACCURATE PRICING OF THE PRODUCTS FEATURED ON OUR WEBSITE. IN THE EVENT A
PART OR ACCESSORY IS ORDERED AND THE LISTED PRICE HAS CHANGED, YOU WILL BE
NOTIFIED PRIOR TO OUR PROCESSING YOUR ORDER.
PURCHASE
“AS IS.” YOU AGREE THAT ALL PRODUCTS PURCHASED BY YOU THROUGH THIS WEBSITE ARE
PROVIDED UNDER WARRANTIES, IF ANY, OF THE MANUFACTURER ONLY, AND NOT BY
MYBOATSTORE.COM. ALL PRODUCTS ARE PROVIDED BY MYBOATSTORE.COM “AS IS” WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND FROM MYBOATSTORE.COM. MYBOATSTORE.COM
DISCLAIMS THE APPLICATION OF THE UNIFORM COMMERCIAL CODE OR OTHER LAWS TO THE
EXTENT THEY ARE INCONSISTENT WITH OR CONFLICT WITH THESE RULES, INCLUDING, BUT
NOT LIMITED TO, ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
EXCLUSIVE
REMEDY. NOTWITHSTANDING THE FOREGOING, IF A PRODUCT DOES NOT MEET A
MANUFACTURER'S APPLICABLE WARRANTY, YOU MAY RETURN THE PRODUCT TO
MYBOATSTORE.COM DURING THE WARRANTY PERIOD AND RECEIVE A FULL REFUND OF ALL
AMOUNTS PAID TO MYBOATSTORE.COM FOR THE PRODUCT, EXCLUDING SHIPPING AND HANDLING
OR DELIVERY CHARGES, PROVIDED THE RETURN IS MADE WITHIN ONE CALENDAR YEAR OF
PURCHASE. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FROM MYBOATSTORE.COM FOR ANY
DEFECT, MALFUNCTION OR OTHER PROBLEM WITH THE PRODUCTS.
YOUR
RESPONSIBILITY; MYBOATSTORE.COM DAMAGE LIMITS. YOU HAVE SOLE RESPONSIBILITY FOR
USE OF THE PRODUCTS YOU PURCHASE THROUGH THIS WEBSITE. IN NO EVENT SHALL
MYBOATSTORE.COM BE LIABLE TO YOU IN RELATION TO THE PRODUCTS, OR YOUR USE,
MISUSE OR INABILITY TO USE THE PRODUCTS, FOR ANY (1) INDIRECT, PUNITIVE,
SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF
BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE); OR (2)
DIRECT DAMAGES IN EXCESS OF THE AMOUNT YOU PAID MYBOATSTORE.COM FOR THE
APPLICABLE PRODUCT.
YOUR
REPRESENTATIONS. You represent that you are not a minor and that you are not
under any legal or other disability which limits your ability to comply with
these Terms or to use the products you purchase with minimal risk of harm to you
or others. You further represent that you are not purchasing the products for
resale to others and will not do so without MyBoatStore.com's prior written
consent.
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