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WEB SITE TERMS AND CONDITIONS
Thank you for visiting this web
site, owned and operated by Boat
Product Comparisons.com . (The site at
and all other Web sites owned or
operated by Boat Product Comparisons,
collectively are referred to as the
"Site"). The following terms and
conditions ("Terms and Conditions")
govern your access to and use of the
Site (including without limitation your
purchase of products from this Site).
By accessing, viewing, or using the
content, material, or services
available on or through this Site, you
indicate that you have read and
understand these Terms and Conditions,
and that you agree to them and intend
to be legally bound by them. IF YOU DO
NOT AGREE TO THESE TERMS AND
CONDITIONS, YOU ARE NOT GRANTED
PERMISSION TO USE THIS SITE AND SHOULD
EXIT IMMEDIATELY.
1. Informational Purposes Only. The
information on this Site is for
informational purposes only. No
information, services, or materials
offered by or through this Site shall
be construed as or understood to be
medical advice or care. The U.S. Food
and Drug Administration has not
reviewed the safety or effectiveness of
any products offered or noted on this
Site, nor any statements made in the
Site. None of the information on this
Site shall be used to diagnose or treat
any health problem or disease. You must
consult with a physician, doctor, or
health care provider before taking any
product or using any information on
this Site.
2. Children's Protection Policy.
CHILDREN UNDER THE AGE OF 18 MUST EXIT
THIS SITE IMMEDIATELY AND ARE
PROHIBITED FROM USING THIS SITE. This
Site is not written, nor is this Site
designed, for children and therefore is
unsuitable for their use. Specifically,
and without limitation, articles,
observations, pictures, and discussion
board commentary contained on this Site
are not suitable for children. We urge
parents to monitor and guide their
children's use of computers, especially
in regard to the Internet, to prevent
children from visiting inappropriate
Web sites or opening themselves to
possible of harm of any kind from
unscrupulous people.
3. Rules for Use of this Site. By
accessing or using the Site or the
products or services made available or
offered by or through the Site,
including without limitation the
ability to send anonymous electronic
mail messages to others, you - and
anyone and everyone else using the Site
through any username or password issued
to you or selected by you - agree that
any and all of the following are
strictly prohibited at all times:
Posting or transmitting any
material, whether word, image or
graphic, that is false, libelous,
threatening, hateful, harmful,
defamatory, harassing, abusive,
slanderous, illegal, indecent, obscene,
pornographic, or embarrassing, or which
discloses to any third person any
private or personal matters concerning
any person, all of which shall be
determined by Boat Product
Comparisons.com in its sole
discretion.
Posting or transmitting material
that infringes the copyright, patent,
trade secret, trademark, or other
intellectual property or proprietary
rights of any person.
Representing or portraying oneself
as someone other than who they actually
are, or making any false, misleading,
or misrepresentative statement.
Posting, transmitting or displaying
any information about another person
without their consent including, but
not limited to, email address, health
condition, or health status etc.
Using the Site or any portion or
product or service offered by or
through the Site, including without
limitation any or all public access
areas, in any way that violates local,
state, national, or international
law.
Distributing, reproducing,
executing, or including in any
material, information, or data posted
or transmitted, any viruses, Trojan
horses, worms, time bombs, cancelbots,
or other computer programming routines
that damage, harm, disrupt,
detrimentally interfere with,
surreptitiously intercept, or
expropriate any system, data or
personal information, or that are
intended to do so.
Allowing, permitting, or causing
anyone other than you to use your user
name or password.
Sending or transmitting unsolicited
bulk e-mail, "spam," or the same note
more than once, or engaging in or
conducting any conduct that restricts
or inhibits any other person from
accessing or using this Site as it is
intended.
Posting, transmitting, or
distributing advertisements,
promotions, or solicitations without
the prior written approval of Boat
Product Comparisons.
Engaging in any activity that, in
the sole judgment of Boat Product
Comparisons, exposes Boat Product
Comparisons, its officers, directors,
employees, agents, principals,
representatives, contractors,
successors, assigns, vendors,
customers, proprietors, partners,
shareholders, servants, predecessors,
and attorneys or suppliers ("Boat
Product Comparisons.com Parties") to
any undesirable actual or potential
responsibility or liability.
At any and all times, you are
responsible for all information,
materials, content, and data you
transmit and post on or via the Site.
Further, Boat Product Comparisons.com
does not monitor, review, or edit any
messages or materials or information
posted by its users, whether via the
electronic mail notification services,
the discussion boards, or
otherwise.
4. Privacy Statement. Boat Product
Comparisons.com has a Privacy Statement
disclosing what information we collect
about visitors, how we use such
information, and the steps we take to
secure such information. Click here to
view the privacy policy, which is
incorporated into these Terms and
Conditions by reference, as if set
forth fully herein. Please be advised
that the confidentiality of any
communication or material transmitted
to Boat Product Comparisons.com via the
Site or Internet electronic mail cannot
be guaranteed, including, for example,
personal information such as your
address or name. Alternatively, you may
contact Boat Product Comparisons.com by
telephone at: Customer Service (9 AM -
5 PM EST / Monday - Friday)
1-866-475-4424 or Sales and Product
Information (9 AM - 5 PM EST / Monday -
Friday) 1-866-475-4424, or write us at
webmaster@BoatProductComparisons.com
.
5. Offensive Materials. This Site
may contain health or medical-related
materials that you may find sexually or
graphically explicit or otherwise
offensive. Accessing or use of the Site
constitutes acceptance of this risk.
The Boat Product Comparisons.com
Parties have no control over and accept
no responsibility for such
materials.
6. Proprietary Rights. Boat Product
Comparisons.com owns, licenses, or uses
pursuant to legal authority the data,
content, graphics, forms, artwork, and
other material for this Site (the
"Content"), as well as the selection,
coordination, arrangement, and
organization and enhancement of the
Content (also, the "Content") for this
Site. Except as indicated, this Site
and Content are owned or licensed by
Boat Product Comparisons.com and are
1999-2001 Boat Product Comparisons.com
and/or third party licensors. All
rights reserved. Any use, reproduction,
or distribution of this Site or Content
without Boat Product Comparisons'
advance written consent is prohibited,
except, however, you may download one
temporary copy of these materials on
any single computer, and you may print
one copy of these materials for your
use in learning about, evaluating, or
acquiring Boat Product Comparisons' or
its licensees' or licensors' services
or products. All trademarks, service
marks, and logos appearing on the Site
are proprietary to Boat Product
Comparisons.com or its licensors. Use
or misuse of these trademarks without
Boat Product Comparisons' advance
written consent is expressly
prohibited.
7. Links to Other Sites. This Site
may contain links to other Internet Web
sites for the convenience of users in
locating information, products, or
services. These sites and any other
sites operated or maintained by third
parties are operated or maintained by
organizations over which Boat Product
Comparisons.com exercises no control,
and Boat Product Comparisons.com
expressly disclaims any and all
responsibility for the Content, links,
and other items, the accuracy and
completeness of the information, and
the quality of products or services
made available or advertised on these
third-party sites. Boat Product
Comparisons.com does not control,
endorse, promote, or have any
affiliation with any other Web
site.
8. Site Content. This Web site is
for your personal and non-commercial
use. You may not frame, capture,
harvest, collect, or create hypertext
or other links or connections to any
part of the Site or Content without
Boat Product Comparisons' advance
written consent. Boat Product
Comparisons.com is not responsible for
any errors or omissions in the Content
or other materials. Boat Product
Comparisons.com is not responsible for
the accuracy or completeness of the
Content, advertisements, or other items
contained within this Site. Boat
Product Comparisons.com may make
changes to the content of this Site, or
the products or services made available
in connection with this Site at any
time, with or without notice, and makes
no commitment to update any of these
items.
9. EXCEPT FOR OUR REFUND POLICY
RELATED TO YOUR ABILITY TO RETURN
UNUSED PORTIONS OF UNSATISFACTORY
PRODUCTS, YOUR USE OF THE SITE AND ANY
AND ALL PRODUCTS PURCHASED VIA OR IN
CONNECTION WITH THE SITE IS SOLELY AT
YOUR RISK. WE HEREBY DISCLAIM ALL
REPRESENTATIONS, WARRANTIES, AND
RESPONSIBILITY, AND HEREBY MAKE NO
REPRESENTATIONS OR WARRANTIES,
WHATSOEVER, EXPRESS AND IMPLIED,
WRITTEN AND ORAL, ARISING FROM COURSE
OF PERFORMANCE, USAGE OF TRADE, COURSE
OF DEALING, OR OTHERWISE, WITH REGARD
TO THE SITE, ANY OR ALL PRODUCTS SOLD
VIA THE SITE, OR ANY AND ALL CONTENT,
AND EACH AND EVERY ELEMENT THEREOF,
INCLUDING WITHOUT LIMITATION THE
DISCUSSION BOARD, THE ELECTRONIC MAIL
NOTIFICATION SERVICE PROVIDED IN
CONNECTION WITH THE SITE, AND ANY AND
ALL MESSAGES OR INFORMATION POSTED OR
TRANSMITTED IN CONNECTION WITH THE
DISCUSSION BOARD OR THE MAIL
NOTIFICATION SERVICE, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, QUALITY,
SYSTEMS INTEGRATION, ACCURACY, AND
NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, WE MAKE NO REPRESENTATIONS
OR WARRANTIES, AND HEREBY DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES, ABOUT
THE TRUTH, SUITABILITY, RELIABILITY,
TIMELINESS, OR ACCURACY OF THE CONTENT
(INCLUDING WITHOUT LIMITATION
INFORMATION AND GRAPHICS), PRODUCTS, OR
SERVICES CONTAINED ON THIS SITE FOR ANY
PURPOSE, INCLUDING WITHOUT LIMITATION
THE DELIVERY OR MISDELIVERY OF ANY
ELECTRONIC MAIL NOTIFICATION SENT VIA
THE SITE. THE SITE, ANY AND ALL
CONTENT, AND EACH AND EVERY ELEMENT
THEREOF, INCLUDING WITHOUT LIMITATION
THE DISCUSSION BOARD, THE ELECTRONIC
MAIL NOTIFICATION SERVICE PROVIDED IN
CONNECTION WITH THE SITE, AND ANY AND
ALL MESSAGES OR INFORMATION POSTED OR
TRANSMITTED IN CONNECTION WITH THE
DISCUSSION BOARD OR THE MAIL
NOTIFICATION SERVICE, ARE PROVIDED "AS
IS" AND WITH ALL FAULTS.
IN NO EVENT SHALL WE BE LIABLE TO
ANY USER OR ANY OTHER PERSON FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL,
EXTRA-CONTRACTUAL, OR EXEMPLARY DAMAGES
OF ANY KIND WHATSOEVER ARISING FROM OR
CONNECTED WITH THESE TERMS AND
CONDITIONS, THE SITE OR ANY CONTENT OR
ANY ELEMENT THEREOF (INCLUDING WITHOUT
LIMITATIONS THE INABILITY TO ACCESS
THIS SITE OR MISDIRECTED ELECTRONIC
MAIL NOTIFICATIONS), INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE,
LOST DATA, OR LOST PROFITS, REGARDLESS
OF LEGAL THEORY, EVEN IF ANY PERSON HAS
BEEN ADVISED OF THE POSSIBILITY OR
PROBABILITY OF SUCH DAMAGES, AND EVEN
IF THE REMEDIES OTHERWISE PROVIDED BY
THIS AGREEMENT FAIL OF THEIR ESSENTIAL
PURPOSE.
10. IF YOU ARE DISSATISFIED WITH
Boat Product Comparisons' PERFORMANCE
OR NON-PERFORMANCE OF OBLIGATIONS OR
RESPONSIBILITIES IN CONNECTION WITH THE
SITE, THE SITE AS A WHOLE OR ANY
PORTION OR PORTIONS OF THIS SITE, OR
WITH ANYTHING ELSE RELATED TO,
CONNECTED WITH, OR BASED UPON THE SITE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THIS WEB SITE. Under
no circumstances will the total
liability of Boat Product
Comparisons.com to you and any and all
other persons in connection with, based
upon, or arising from this Site or any
Content or any element thereof or your
use of this Site exceed $100. Some
jurisdictions do not permit the
exclusion or limitation of liability
for consequential or incidental
damages, and, as such, some portion of
the above limitation may not apply to
you. In such jurisdictions, our
liability is limited to the greatest
extent permitted by law.
11. Indemnification. You shall
defend, indemnify, and hold harmless
the Boat Product Comparisons.com
Parties from and against any and all
suits, actions, claims, proceedings,
damages, settlements, judgments,
awards, settlements, obligations,
injuries, liabilities, losses, risks,
costs, and expenses (including without
limitation attorneys' fees and
litigation expenses) relating to or
arising from this Site, the Content,
your use of this Site, your fraud,
negligence, violation of law, or
willful misconduct, or any breach by
you of these Terms and Conditions.
12. Use of Services and Product
Information. This Site, including the
products displayed on the Site, is
intended solely for the use and benefit
of United States citizens residing in
the U.S. The Site shall not be used to
send electronic message notifications
to non-U.S. citizens or to non-U.S.
residents, nor shall the Site be used
by non-U.S. citizens or non-U.S.
residents to send electronic mail
notifications. The products displayed
on this Site shall not be ordered from
or delivered outside the United States.
The prices displayed on the Site are
quoted in U.S. dollars. Although we
have tried to accurately display the
colors of products, the actual colors
you see will depend on your computer
monitor and may depend on other
hardware or software used by you. The
display of Content, or other materials
on your monitor may or may not be
accurate.
13. Securities Information. This
Site and the information contained
herein do not constitute an offer or a
solicitation of an offer for the
purchase or sale of any securities.
This Site may contain information and
press releases about Boat Product
Comparisons, and although this
information was believed to be accurate
as of the date prepared, Boat Product
Comparisons.com disclaims any duty or
obligation to update such information.
To the extent that any information is
deemed to be a "forward looking
statement" as defined in the rules and
regulations of the Securities Act of
1933, as amended, such information is
intended to fit within the "safe
harbor" for forward looking information
and is subject to material risk factors
which may or may not be disclosed
herein.
14. Use of the Internet. Use of the
Internet is solely at your own risk and
is subject to all applicable local,
state, national, and international laws
and regulations. Neither Boat Product
Comparisons.com nor its contractors
will be liable for any loss resulting
from a cause over which they do not
have direct control, including, but not
limited to, failure of electronic or
mechanical equipment or communication
lines, telephone or other interconnect
problems, computer viruses,
unauthorized access, theft, operator
errors, severe weather, earthquakes,
natural disasters, strikes or other
labor problems, wars, or governmental
restrictions.
15. Changes; Termination. These
Terms and Conditions may be changed by
Boat Product Comparisons.com at any
time, with or without notice; your
continued use of this Site after any
change is made to the Terms and
Conditions signifies your understanding
of and intention and agreement to be
bound by such change. It is your
responsibility to monitor these Terms
and Conditions for changes. Boat
Product Comparisons.com reserves the
right to terminate your access to this
Site in the event that you violate
these Terms and Conditions or for any
reason whatever or no reason, with or
without notice.
16. Governing Law and Jurisdiction.
These Terms and Conditions represent
the entire agreement between you and
Boat Product Comparisons.com with
respect to the subject matter hereof,
supersede any and all prior and
contemporaneous written and oral
representations, understandings, and
agreements between us, and will be
governed by and construed in accordance
with the laws of the Commonwealth of
Pennsylvania without reference to its
conflict of law rules. In the event of
any conflict between these Terms and
Conditions and any statement or
omission on the Site or any products or
services connected therewith, these
Terms and Conditions shall govern. This
Site is controlled and operated by Boat
Product Comparisons.com from its
offices within the United States. The
waiver or failure of Boat Product
Comparisons.com to exercise in any
respect any right provided hereunder
shall not be deemed a waiver of such
right in the future or a waiver of any
of other rights established under these
Terms and Conditions.
Any and all controversies and claims
arising out of or relating to these
Terms and Conditions, including without
limitation the breach thereof, shall be
settled by binding arbitration
administered by the American
Arbitration Association in accordance
with its Commercial Arbitration Rules,
and judgment on the award rendered by
the arbitrator(s) may be entered in any
court having jurisdiction thereof. The
arbitration proceedings shall be
conducted before a panel of three (3)
neutral arbitrators, all of whom shall
be selected from a panel of persons
having experience with and knowledge of
commercial activities conducted over
the Internet, and at least one of the
arbitrators selected will be an
attorney. Except as may be required by
law, neither a party nor an arbitrator
may disclose the existence, content, or
results of any arbitration hereunder
without the prior written consent of
both parties.
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