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 ©2008 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.
