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Regal Boats Terms of Use
TERMS
OF USE
PLEASE READ
THIS TERMS OF USE AGREEMENT ("TERMS OF USE")
CAREFULLY BEFORE USING THIS WEB SITE (THIS "SITE").
BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF
USE. IF YOU DO NOT AGREE TO THE TERMS OF USE STATED BELOW, DO
NOT ACCESS THIS SITE. Regal Marine Industries RESERVES THE RIGHT
TO CHANGE THESE TERMS OF USE AT ANY TIME, AT ITS OWN DISCRETION
AND WITHOUT NOTICE TO YOU; HOWEVER, ALL SUCH CHANGES WILL BE POSTED
TO THIS SITE. Regal Marine Industries ENCOURAGES YOU TO REVIEW
THE TERMS OF USE FROM TIME TO TIME SO THAT YOU ARE AWARE OF ANY
SUCH CHANGES. THE TERMS OF USE THAT ARE APPLICABLE TO YOU AT ANY
GIVEN TIME ARE THE THEN-CURRENT TERMS OF USE. IN ADDITION, BY
USING OR VIEWING THIS SITE, YOU ACCEPT ANY CHANGES TO THE TERMS
OF USE.
COPYRIGHT
NOTICE
Copyright ©2004 Regal Marine Industries. All rights reserved.
All text, images, graphics, animation, videos, music, sounds and
other materials on this Web-site are subject to the copyrights
and other intellectual property rights of Regal Marine Industries
and its licensors. Regal Marine Industries owns the copyrights
in the selection, coordination and arrangement of the materials
on this Site. These materials may not be copied, reverse engineered,
decompiled or disassembled for commercial use or distribution,
nor may these materials be modified or reposted to other Web sites.
Any unauthorized use of these materials will violate Regal Marine
Industries intellectual property rights.
Trademark
Notice
Regal Marine Industries' trademarks, logos, and subsidiary
names appearing in this Site, except as otherwise noted, are trademarks
owned or used under license by Regal Marine Industries or its
affiliates. The use or misuse of these trademarks or any other
content on this Site, except as provided in these Terms of Use
is strictly prohibited. Nothing contained on the Site shall be
construed as granting, by implication, estoppel or otherwise,
and license or right to use any Regal Marine Industries trademark
without Regal Marine Industries prior written permission.
Limited
Right to Use
The viewing, printing or downloading of any content, graphic,
form or document from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal use and not
for republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other non-personal use. No
part of any content, graphic, form or document may be reproduced
in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use. Any
password or right given to you to obtain information or documents
is not transferable.
You may not create
a Web site that frames this Site or any trademark or proprietary
information located on this Site without Regal Marine Industries'
written permission. You may not use meta tags or any other type
of hidden text utilizing Regal Marine Industries' or any
of its affiliates' names or trademarks on a Web site without
Regal Marine Industries' written permission.
Except for the limited
rights expressly granted herein, all right, title and interest
in and to the Site and all materials, software contained therein
are reserved by Regal Marine Industries, and, except as expressly
granted herein, nothing contained in these Terms of Use or the
Site shall be construed as conferring any right, title, interest
or license with respect to the Site to you, by implication, estoppel
or otherwise.
Regal Marine Industries
reserves the right to withdraw this limited license at any time.
Editing, Deleting and
Modification
Regal Marine Industries reserves the right to modify, add or delete
any documents, information, graphics or other content appearing
on the Site at any time without notice.
Indemnification
You agree to indemnify, defend and hold us and our partners, attorneys,
staff and affiliates harmless from any liability, loss, claim
and expense, including reasonable attorneys' fees and expenses,
related to your violation of these Terms of Use or your use of
the Site.
No
Representation or Warranty
While Regal Marine Industries makes all reasonable efforts to
ensure that all material on this site is correct, accuracy cannot
be guaranteed and Regal Marine Industries does not assume any
responsibility for the accuracy, completeness or authenticity
of any information contained in this Site. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN SITUATIONS,
SO THE FOREGOING DISCLAIMER MAY OR MAY NOT APLLY TO YOU, EITHER
IN WHOLE OR IN PART. THIS SITE AND ALL INFORMATION, CONTENT AND
MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS,"
AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY,
NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION
OR ADVICE OBTAINED BY YOU FROM Regal Marine Industries THROUGH
THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED HEREIN.
Regal Marine Industries
DISCLAIMS ALL WARRANTIES THAT THE SITE WILL OPERATE ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. THE AVAILABILITY OF THIS SITE CANNOT
BE GUARANTEED. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
ANY CONTENT DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN
RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEMS OR DATA LOSS THAT MAY RESULT FROM SUCH USE OF THIS SITE,
INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES.
System
Integrity
You will not knowingly use any hardware or software intended to
damage or interfere with the proper working of the Site or to
surreptitiously intercept any system, data or personal information
from the Site. You will not knowingly take any action which imposes
an unreasonable or disproportionately large load on the Site's
infrastructure.
Compliance
With the Law
In the performance and solicitation of transactions facilitated
by the Site, you must comply with all applicable laws and regulations.
Privacy
Policy
Our Privacy Policy,
as it may change from time to time, is a part of these Terms of
Use.
Payments
You represent and warrant that if you are purchasing something
through this Site that (1) any credit card information you supply
is true, correct and complete, and (2) you will pay the charges
incurred by you at the posted prices, including any applicable
taxes.
Vessels
Regal Marine Industries will, subject to legal requirements, determine
the Model Year designation of its vessels. The Model year designation
on any particular model may be longer or shorter than twelve months.
Some vessels pictured
may contain non-U.S. equipment. Some models may be shown with
optional equipment. Further information can be obtained from your
Regal Marine Industries dealer.
All of the information
contained in this Site is for informational purposes only and
in no way constitutes an offer to buy or sell Regal vessels. The
purchase of any Regal vessel shall be subject to the terms and
conditions of the applicable sale, lease, or financing contract.
Submissions
While we welcome your comments and feedback regarding our Site,
our products and our services, we do not want to receive and do
not accept confidential or proprietary ideas, suggestions, materials
or other information. Accordingly, please note that (except for
personally identifiable information provided by the visitor) all
comments, feedback, postcards, ideas, suggestions, materials,
information, and other submissions disclosed, submitted or offered
to Regal Marine Industries on or by this Site or otherwise (collectively,
"Comments") shall be and remain Regal Marine Industries'
property. Any such disclosure, submission or offer of any Comments
shall constitute an assignment to Regal Marine Industries of all
worldwide rights, titles and interests in all copyrights and other
intellectual properties in the Comments. Thus, Regal Marine Industries
will own exclusively all such rights, titles and interests in,
and shall not be limited in any way in its use, commercial or
otherwise, of any Comments. Sea Ray shall be under no obligation
(1) to maintain any comments in confidence; (2) to pay to Site
visitors any compensation for any Comments; or (3) to respond
to any Site visitor comments.
On-Line
Surveys
At times, we conduct on-line surveys to better understand the
needs and profile of our visitors. When we conduct a survey, we
will try to let you know how we will use the information at the
time we collect the information from you on the Internet.
Chat
Rooms/Postings
Although Regal Marine Industries may from time to time monitor
or review discussion, chats, postings, transmissions, bulletin
boards, and the like on the Site, Regal Marine Industries is under
no obligation to do so and assumes no responsibility or liability
arising from the content of any such locations nor for any error,
defamation, libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained in any information
within such locations on the Site. You are prohibited from posting
or transmitting any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or profane material
or any material that could constitute or encourage conduct that
would be considered a criminal offense, give rise to civil liability,
or otherwise violate any law. Regal Marine Industries will fully
cooperate with any law enforcement authorities or court order
requesting or directing Regal Marine Industries to disclose the
identity of anyone posting any such information or materials.
Governing
Law: Limitations
These Terms and Conditions shall be construed, interpreted and
performed exclusively according to the laws of the State of Florida,
United States of America, without regard to the conflict of laws
provisions of any state. Any legal action with respect to any
transaction must be commenced within on (1) year after the cause
of action has arisen. You expressly submit to the exclusive jurisdiction
of any Federal or state courts sitting in Florida in any action
or proceeding arising out of or relating to these Terms of Use
or this Site, and you hereby consent to extra-territorial service
of process. Should any part of these Terms of Use be held invalid
or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full
force and effect. These terms of Use constitute the only terms
between you and us and supercede any and all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the Site, the content, goods and/or services provided
by or through the Site, and the subject matter of these Terms
of Use. To the extent that anything in or associated with the
Site is in conflict or inconsistent with these Terms of Use, the
Terms of Use shall take Precedence. Our failure to enforce any
provision of these Terms of Use shall not be deemed a waiver of
such provision nor of the right to enforce such provision. The
provisions of the Uniform Commercial Code as adopted by the State
of Florida shall apply to this Site, and the United Nations Convention
on Contracts for the International Sale of Goods is hereby disclaimed.
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