Terms and Conditions Print

General

The information presented on this website is for general guidance only and does not constitute professional advice or endorsement of any kind. The information herein should not be used as a substitute for consultation with a marine surveyor or other professional advisor. Information on marine gear and products or on new or used power and sailboats is for informational purposes only and does not, in any way, constitute and endorsement or suggestions for safe use.  The reader is invited to form his/her own opinion and follow manufacturer’s guidelines for safe use or operation.  The information is provided "as is" with no assurance or guarantee of completeness, accuracy, or warranty of any kind, express or implied.

Terms of Use & Overview

This Web site ("Site") is offered to you, the user, conditioned on your acceptance of the terms, conditions and notices contained or incorporated by reference herein and such additional terms and conditions, agreements and notices that may apply to any page or section of the Site.  Your use of this Site constitutes your agreement to all such terms, conditions and notices. Please read them carefully. By using this Site, you agree to these Terms of Use ("Terms of Use"), as well as any other terms, guidelines or rules that are applicable to any portion of this Site, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of information or products from this Site.

Trademarks/Logos

All trademarks/logos, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Siteowner and you may not display or reproduce the Marks other than with the prior written consent of Siteowner.

Links to Third Party Sites

Siteowner may contain links to Web sites operated by third parties other than Siteowner. Such links are provided for your reference only. Siteowner does not control such Web sites, and is not responsible for the contents of these Web sites. Siteowner’s inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites. If you decide to access any third party Web sites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such Web sites.

Monitoring

Siteowner has no obligation to monitor this Site or any portion thereof. However, Siteowner reserves the right to review any content, text, images, files, information or other materials submitted to or posted on this Site, including, without limitation, on the "Forums" portion of this Site, and remove, delete, redact or otherwise modify any such content, text, images, files, information or other materials submitted to or posted on this Site, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Siteowner does not endorse, and you may not rely on, any content, text, images, files, information or other materials submitted to or posted on this Site.


Siteowner has no obligation to display or post any content, text, images, files, information or other materials provided by you. Siteowner reserves the right to disclose, at any time and from time to time, any information or any content, text, images, files, information or other materials submitted to or posted on this Site or identifying information of the submitter or poster that Siteowner deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request. Siteowner shall not have any liability in connection with any content, text, images, files, information or other materials submitted, transmitted via this Site, or displayed on this Site, regardless of whether provided by Siteowner or any other party.

Dispute Resolution

If any controversy, dispute or claim arising out of or related to your use of this Site arises, the dispute will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. However, Siteowner will have the right to petition a court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use of Siteowner’s trademarks, service marks, copyrights, patents, trade secrets or other intellectual property (collectively, the "Intellectual Property") or any act or omission by you that may impair the goodwill associated with the Intellectual Property.

Indemnification

You agree to indemnify, defend and hold harmless Siteowner, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) your use of the Site, including, without limitation any content, images, information or other materials submitted or transmitted by you via the Site, (2) any use of any Password chosen by or issued to you, or (3) any violation by you of: (a) these Terms of Use, (b) any other terms, guidelines or rules applicable to the Site, (c) any rights of any other person or entity, and (d) and any applicable laws, rules or regulations.

Limitation of Liability

Neither Siteowner nor its suppliers will be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Siteowner or a supplier has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use of or inability to access or use the information, services, products, and materials available from this Site, regardless of whether such information, services, products, and materials are provided by Siteowner or any third party. Furthermore, to the maximum extent permitted by law, Siteowner and its suppliers disclaim all representations and warranties, express or implied, with respect to such information, services, products, and materials, whether provided or owned by it or them or by any third party, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, Siteowner does not represent or warrant that the information and materials accessible via this Site are accurate, complete or current, and you may not rely on the information and materials accessible via this Site. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.

Personal & Non-Commercial Use Limitation

This Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site. The content available through this Site is the sole property of Siteowner or its licensors and is protected by patent, copyright, trademark, trade secret and other intellectual property laws. Except as otherwise explicitly agreed in writing, Siteowner-owned content received through this Site may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by Siteowner licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Site to anyone, including but not limited to others in the same company or organization without Siteowner’s express prior written consent.

Liability Disclaimer

All content provided on this Site is provided solely for your convenience, may be used for informational or educational purposes only, and does not in any manner create a legal contract express or implied between Siteowner and you, except for these terms of use, the Siteowner Privacy Policy and the Siteowner Forum Terms of Use. Without limiting the foregoing, the information, software, products and services published on this Site may include inaccuracies or typographical errors. Changes are periodically made to the information herein. Siteowner and/or its respective suppliers may make improvements and/or changes in this Site at any time. Siteowner and/or its respective suppliers make no representations about the suitability, accuracy and completeness of the information, software, products and services contained on this Site for any purpose. All such information, software, products and services are provided "as is" without warranty of any kind. As a condition of your use of this Site, you warrant to Siteowner that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions and notices.


Copyright © 2010 Totem Group Media LLC. All Rights Reserved. – Much of copy above courtesy of Imagine Media LLC.