Terms Of Use
Information License
Our Web site and all content displayed on this site and
all software, data and information used to provide this
Web site, including text and images, method of display
and presentation, source code, embedded routines and
programs and other materials, as well as all copyrights,
trademarks, patents and other intellectual property
rights therein or thereto, are owned by BuyMarine.com,
its parent, affiliates or licensees, and are protected
under worldwide copyright, trademark and other
applicable laws and treaties. We grant you the limited
and nonexclusive right and license to access or download
content from this Web site solely for your personal and
non-commercial use and as necessary in connection with
the use of any services available through the Web
site. Except as expressly authorized in this Usage
Agreement, you may not modify, distribute, reproduce,
display or use this Web site or any elements
thereof. All rights not expressly granted to you by us
in this Usage Agreement are reserved to BuyMarine.com and you acknowledge that you do not acquire any
ownership rights by accessing or downloading copyrighted
material from the Web site as authorized hereunder.
Restrictions
Reproduction, re-transmission or re-presentation in any
form, in whole or in part, of any content, programming
code, images or graphics are strictly prohibited without
prior express written permission of BuyMarine.com. In addition to the foregoing
limitations, you may not frame, overlay or
employ other techniques to enclose or display the Web
site, or any trademark, logo, content or other
proprietary information (including images, text, page
layout or form) included on the Web site, with any other
software or content of a third party. You may not use
any meta tags or any other “hidden text” utilizing the
names or trademarks of BuyMarine.com, its parent, affiliates or licensees without their
express written consent. Without limiting the generality
of the other restrictions set forth herein, you may not
access, monitor or copy any content or information of
this Web site using any “robot,” “spider,” “deep link,”
“scraper” or other automated means, methodology,
algorithm or device or any manual process for any
purpose.
Links
This Web site may provide links or references to third
party sites that BuyMarine.com does not operate
and which will allow you to leave the site or open an
additional browser connecting you to the third party
site. BuyMarine.com has no responsibility for the
content of such third party sites and shall not be
liable for any damages or injury arising from that
content or your use, reliance on or access to such third
party sites. Any such links to third party sites are
provided as merely a convenience to the users of this
Web site, and such links do not imply endorsement by BuyMarine.com of such other third party sites or the
content contained therein. BuyMarine.com disclaims all liability with regard to your access to
such linked Web sites, and access to any other Internet
Web sites linked to this Web site is at your own
risk. You should consult the terms of use and privacy
policy of any other Internet Web site. You release and
discharge BuyMarine.com, its parent, affiliates
or licensees from any and all liability arising from
your purchase or use of products or services by or
through such third party sites.
Product Information and Warranties
Please note that this Terms of Use applies solely to
products offered for sale directly by our Web site(s)
and does not apply to products or services offered or
posted by one of our advertisers or members. Please see
our separate Advertising or Members Policy for
additional information related to any products or
services offered by our advertisers or members.
You may be able to purchase certain products directly
from us on our Web site. With respect to those products,
we make no express warranties whatsoever and disclaim
any thereof, and all such products are sold “AS IS.” We
will, however, try to pass along the benefit of any
warranties provided by the third-party manufacturer. The
terms of these warranties are generally included in the
materials accompanying the product.
EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY SECTION,
WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY
PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM SAME.
In no event will we be liable, whether in contract, tort
or under any other legal theory, for lost profits or
revenues, loss of use or similar economic loss, for any
indirect, special, incidental, consequential, punitive
or similar damages arising out of or in connection with
any products (including non-conforming products), or for
any third-party claims against you relating to any
products, even if we have been advised of the
possibility of such claim. In no event will our monetary
liability (whether in contract, tort or under any other
legal theory) in respect of any product exceed the
purchase price that you paid to us for it.
Your Account
To protect the member's account information, BuyMarine.com assigns each member with either a
unique user name or password or a unique ad ID number.
These unique identifiers are disclosed to the user via
e-mail immediately upon joining the BuyMarine.com’
network. Only members have the ability to modify their
personal information and delete their ads as needed.
If you become a member of this Web site, you are
responsible for maintaining the confidentiality of your
account and password and for restricting access to your
computer, and you agree to accept responsibility for all
activities that occur under your account or password.
You are entirely responsible for maintaining the
confidentiality of your account information, including
your password, and for any and all activity that occurs
under your account. You agree to notify us immediately
of any unauthorized use of your account or password, or
any other breach of security. However, you may be held
liable for losses incurred by us or any other user of,
or visitor to, our Web site due to someone else using
your account or password. Please see our Privacy Policy
for further information regarding your account or
password.
This Web site does not sell products or services for
children, but it sells them to adults, who can purchase
with a credit card. We reserve the right to refuse
service, terminate accounts, remove or edit content, or
cancel orders in the exercise of our sole discretion.
Disclaimer of Warranties; Limitation of
Liability
You understand that there may be delays, omissions,
interruptions, inaccuracies, and/or other problems with
the information, products, and services published on or
promoted over this Web site, including information,
products and services referred to, advertised or
promoted on or sold though the Web site. This Web Site
and all information, products or services available
through this Web site are provided by us on an “as is”
basis without warranties of any kind, either express or
implied. Neither BuyMarine.com, nor any of its
parent, affiliates or licensees warrant that this Web
Site will be uninterrupted or error free; nor do they
make any warranty as to the results that may be obtained
from use of this Web site, or as to the accuracy,
reliability or completeness of content or any
information, service or merchandise provided through
this Web site.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
NEITHER BuyMarine.com, ITS PARENT, AFFILIATES NOR
ITS LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS,
INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE
INFORMATION CONTAINED WITHIN THIS WEB SITE, OR ANY
LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE
OR INABILITY TO USE THIS WEB SITE. BuyMarine.com,
ITS PARENT, AFFILIATES AND LICENSEES SPECIFICALLY
DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY STATUTE
OR OTHERWISE, INCLUDING WITHOUT LIMITATIONS WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT SHALL BuyMarine.com,
ITS PARENT, AFFILIATES OR ITS LICENSEES OR PROVIDERS BE
LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE ARISING OUT OF ACCESS TO, OR THE USE
OF, OR INABILITY TO USE THIS WEB SITE OR ANY PRODUCTS OR
SERVICES, INCLUDING OR RESULTING FROM LOST PROFITS OR
DATA, WHETHER IN AN ACTION FOR CONTRACT OR TORT, EVEN IF
DOMINION ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
You agree that the entire liability of BuyMarine.com,
its parent, affiliates or licensees arising out of any
kind of legal claim arising out of or otherwise related
to this Web site will not exceed the amount you paid, if
any, for the use of this Web site or any products or
services purchased hereon out of which such liability
allegedly arises. Because some states/jurisdictions do
not allow the exclusion or limitation of liability for
consequential or incidental damages, some of these
limitations may not apply to you.
Use at Your Own Risk
We provide the material available through this Web site
for informational purposes only. You may only use the
material and the services available through this Web
site for your personal and non-commercial use. Before
you act on any information you’ve found on our site, you
should independently confirm any facts that are
important to your decision. IF YOU RELY ON ANY
INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEB SITE,
YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN
RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR
ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR
USE OF ANY SERVICE OR ANY INFORMATION, DATA OR MATERIALS
DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEB
SITE.
Materials
Submitted by Other Users
We cannot and do not review every posting made
in our blogs, chat rooms, forums and other areas
available for public postings. You may well read any
given posting before anyone on our staff does. You can
expect these areas to include information and opinions
from a variety of individuals and organizations other
than us. We do not endorse or guarantee the accuracy of
any posting, regardless of whether the posting comes
from a user, from a celebrity or “expert” guest, or from
a member of our staff.
Data Security
We have in place, what we believe to be,
reasonable physical, electronic and managerial
procedures to safeguard and help prevent unauthorized
access, maintain data security and correctly use the
information we collect online.
In general, while reasonable efforts are made to ensure
the confidentiality of your private and personal
information, we cannot warrant and do not guarantee the
absolute safety and security of confidential data on the
Internet.
Data Collection and Use
Any personally identifiable information
provided by you in electronic communications to the Web
site is governed by this Web site’s Privacy Policy. For
a more complete description of our collection and use of
personally identifiable information and other data,
please read our Privacy Policy, the terms of which are
incorporated in this Usage Agreement by reference.
Use of Communications Services
We may provide a variety of services on this Web site
through which you can directly interact with others,
such as e-mail services, blogging services, chat rooms,
communications tools, forums, classifieds and other
user-submitted advertising, and other public posting
areas (“Communications Services”), but we assume no
responsibility for the views and opinions expressed. We
encourage an open exchange of information and ideas, but
want everyone to be able to enjoy these Communications
Services.
We will not, in the ordinary course of business, review
private electronic messages that are not addressed to
us. However, we reserve the right to do so and to use
any other forms of information available to us by virtue
of your use of our Web site (including, for example,
reverse IP address inquiry) in order to comply with the
law, to enforce our Usage Agreement, or to protect the
rights, property or safety of visitors to our Web site,
our customers, the public or BuyMarine.com and
its parent, affiliates or licensees. We reserve the
right (but assume no obligation) to review the content
of this Web site, including blogs, message boards, chat
rooms, listings, forums and other information posted to
the Web site to determine compliance with this Usage
Agreement and operating rules established by us, and to
satisfy any law, regulation or authorized government
request. We shall have the right, in our sole
discretion, to delete, move, refuse to post, or edit any
messages, listings or other postings that come to our
attention that we consider unacceptable or
inappropriate, whether for legal or other reasons.
By using this Web site, you agree not to post, submit or
transmit through this Web site any material that
violates or infringes in any way upon the rights of
others, that is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane, misleading, or otherwise
objectionable, that encourages conduct that would
constitute a criminal offense, give rise to civil
liability or otherwise violate any law, or that, without
our express prior approval, contains advertising or any
solicitation with respect to products or services. The
sender of any communications to this Web site or
otherwise to the owners of this Web site shall be solely
responsible for the content and information contained
therein, including its truthfulness and accuracy. By
posting content, you represent and warrant that you
either own or otherwise control all rights necessary for
you to provide, post, upload or submit that
content. Without limiting the foregoing, you shall be
solely liable for any damage resulting from any
infringement of copyrights, proprietary rights or any
other harm resulting from any content or other material
submitted by you to or through this Web site and agree
that you will indemnify and hold BuyMarine.com harmless from and against any claims, damages or losses
related to such content or other material.
We reserve the right to
deny access to any Communications Service to anyone who
violates this Usage Agreement or who, in our judgment,
interferes with the ability of others to enjoy our Web
site or infringes the rights of others. We will comply
with the requirements of the law regarding disclosure of
any messages to others, including law enforcement
agencies.
Posted Materials
You may have the opportunity to post or otherwise submit
information, concepts, inventions, techniques, know-how,
data or ideas (collectively, “Ideas”) to us via this Web
site, whether by submission to a public area of the Web
Site (e.g., blogs or message boards) or by other
communication to us through e-mail or other means of
electronic communication facilitated by the Web
site. Although BuyMarine.com does not claim
ownership of content that its users post, by submitting
communications, materials or Ideas to any public area of
this Web site, you grant BuyMarine.com, its
parent, affiliates and licensees the royalty-free,
perpetual, irrevocable, non-exclusive right and license
to use, reproduce, modify, adapt, aggregate, translate,
publicly display, publicly perform and distribute such
material and ideas (in whole or in part) alone or as
incorporated into other works in any form, media or
technology now known or hereafter on a worldwide
basis. You also permit any other user of this Web site
to access, view, store or reproduce the material or
ideas for that user’s personal use. Such purposes may
include disclosure to third parties. By posting or
disclosing such information, you hereby waive any claim
that BuyMarine.com misappropriated any such
Ideas, materials or any portions of your communication.
Copyrights
BuyMarine.com respects the rights of all
copyright holders and in this regard has adopted and
implemented a policy that provides for the removal of
content from the Web site under certain circumstances.
If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide BuyMarine.com’ Copyright Agent the following
information required by the Digital Millennium Copyright
Act, 17 U.S.C. 512:
For copyright inquiries,
including notification of claims of infringement, please
contact BuyMarine.com’ Copyright Agent at: BuyMarine.com, Box XXXX, Chiefland, FL.
Violation of These Terms of Use
We may disclose any information we have about
you (including your identity) if we determine that such
disclosure is necessary in connection with any
investigation or complaint regarding your use of the Web
site, or to identify, contact or bring legal action
against someone who may be causing injury to or
interference with (either intentionally or
unintentionally) our rights or property, or the rights
or property of visitors to or users of the Web site,
including our customers. We reserve the right at all
times to disclose any information that we deem necessary
to comply with any applicable law, regulation, legal
process or governmental request. We also may disclose
your information when we determine that applicable law
requires or permits such disclosure, including
exchanging information with other companies and
organizations for fraud protection purposes.
You acknowledge and agree that we may preserve and store
any communication by you with us through the Web site or
any service offered on or through the Web site, and may
also disclose such data if required to do so by law or
we determine that such preservation or disclosure is
reasonably necessary to (1) comply with legal process,
(2) enforce this Usage Agreement, (3) respond to claims
that any such data violates the rights of others, or (4)
protect the rights, property or personal safety of BuyMarine.com, its employees, users of or visitors
to the Web Site, and the public.
Without limiting any other portion of this Terms of Use
Agreement, you agree that we may, in our sole discretion
and without prior notice, terminate your access to the
Web site and/or block your future access to the Web site
if we determine that you have violated these Terms of
Use or other agreements or guidelines which may be
associated with your use of the Web site. You also agree
that any violation by you of these Terms of Use will
constitute an unlawful and unfair business practice, and
will cause irreparable harm to us, for which monetary
damages would be inadequate, and you consent to our
obtaining any injunctive or equitable relief that we
deem necessary or appropriate in such circumstances.
These remedies are in addition to any other remedies BuyMarine.com may have at law or in
equity.
Miscellaneous
Use of this Web site by you for spamming is
strictly prohibited. By using this Web site, you agree
not to use information concerning other users of this
Web site or any items such users have listed or searched
for on this Web site (including listing information,
user names, e-mail addresses, telephone numbers and/or
other information), for any purpose other than to
explore the potential purchase or sale of the item. You
may not post information directed to or collect personal
information from any minor.
This Terms of Use agreement is governed by the laws of
the State of Florida, U.S.A. You hereby consent to the
exclusive jurisdiction and venue of courts in Florida,
U.S.A., in all disputes arising out of or relating to
the use of this Web site. Use of this Web site is
unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree
that no joint venture, partnership, employment or agency
relationship exists between you and BuyMarine.com as a result of this agreement or use of this
Web site.
You agree that all notices, disclosures and other
communications that we provide to you electronically
satisfy any legal requirement that such communications
be in writing.
You shall use this Web site for lawful purposes
only. Any conduct by you that in our judgment and
discretion restricts or inhibits any other person from
using or enjoying our Web site will not be permitted.
You agree that we may, in our sole discretion and
without prior notice, terminate your access to the Web
site, which includes any discontinuance or material
modification of the Web site or any service offered on
or through the site, or due to any unexpected technical
issues or problems. We reserve the right to deny access
to the site at our own discretion. Any and all rights
not expressly granted herein are exclusively reserved to BuyMarine.com. You agree that BuyMarine.com will not be liable to you or to any
third party for termination of your access to the site
as a result of any violation of these Terms of Use.
Questions
If you have further questions that were not
addressed in the above policy, please contact us.