Terms of Use
Welcome to Big John’s
Marine. Big John’s Marine provides its services to you, subject to the
following Terms of Service. These Terms of Service may be updated by us from
time to time without any prior notice to you. In addition, when using
particular Big John’s Marine services, you and Big John’s Marine shall be
subject to any posted guidelines or rules applicable to such services. Big
John’s Marine also may offer other services from time to time that are
governed by different Terms of Services.
You are responsible for obtaining access to the services and that access
might involve third party fees (such as Internet service provider or other
charges). You are responsible for those fees, including those fees that may
be associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all of the equipment necessary to
access the services.
Terms of Service
This Web site is owned and operated by Big John’s Marine. Big John’s Marine
maintains the Web site as a service to its visitors. When you use the Web
site, you accept the Terms of Service; if you do not agree to the Terms of
Service you may not use the Web site. Big John’s Marine reserves the right
to modify content on the Web site and these Terms of Service may
periodically change without prior notice.
Use of Content on the Web Site
You may view, download, and print contents from the Web site subject to the
following conditions: (a) the content may be used solely for information
purposes; and (b) the content may not be modified or altered in any way. You
may not republish, distribute, prepare derivative works, or otherwise use
the content other than as explicitly permitted herein.
You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout,
or form) of Big John’s Marine without the prior written consent of Big
John’s Marine. You may not use any meta tags or any other "hidden text"
utilizing Big John’s Marine' name or trademarks without the prior written
consent of Big John’s Marine. You may not use any Big John’s Marine logos or
other proprietary graphic or trademark as part of the link without prior
written permission.
You do not acquire any ownership rights to any content in the Web site. Any
unauthorized use will terminate the permission or license granted by Big
John’s Marine.
Any statements contained within the Web site concerning Big John’s Marine
future prospects are "forward looking statements" and are purely
speculative. Should such statements appear in the web site, there can be no
assurance or assumption that future results will be achieved, and the actual
results could differ substantially from forecasts, estimates and summary
information contained in the Web site.
Reviews, Comments, Communications, Feedback,
and Other Content
You may submit comments providing the content is not obscene, illegal,
threatening, or defamatory and providing the content does not invade the
privacy or infringe the intellectual property of any third party. Further,
such content may not contain software viruses, mass mailings, chain letters,
or any other form of "Spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise try to mislead as to the
origin of the information.
You acknowledge and agree that Big John’s Marine may preserve such
content/information and may also disclose it if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably
necessary to:
(a) comply with legal process;
(b) enforce the Terms of Service;
(c) respond to claims that any Content violates the rights of third-parties;
or
(d) protect the rights, property, or personal safety of Big John’s Marine,
its users and the public.
By submitting any information, you grant Big John’s Marine a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sub licensable right to
reproduce, use, modify, publish, adapt, translate, create derivative works
from, distribute, and display any such content throughout the world in any
media. By submitting any information you also represent and warrant that the
content is accurate; you own or have permission to use the content that you
submit; and that the use of the content will not cause injury to any person
or entity.
Services Offered By Big John’s Marine on the
Web site
Big John’s Marine offers services on the Web site. When you enter into a
contract for service from Big John’s Marine you accept the specific
agreement applicable to that service. Your use of any such services offered
on the Web site is governed by the terms and conditions in the agreement for
that service. Except as provided in that agreement, Big John’s Marine does
not warrant that any service descriptions or content contained in this Web
site is accurate, current, reliable, complete, or error-free.
Third Party Web Sites/Information
The Web site may provide links to third party Web sites and/or access to
third party content. Big John’s Marine does not control, endorse, warrant,
or guarantee content found in such sites. You agree that Big John’s Marine
is not responsible for any content, associated links, resources,
information, or services associated with a third party site. You further
agree that Big John’s Marine shall not be liable or held accountable for any
loss or damage of any sort associated with your use of third party content.
Links and access to these sites are provided as a convenience only.
Disclaimer
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND Big John’s
Marine, ALL CONTENT, SERVICES, INFORMATION AND SOFTWARE PROVIDED ON THIS WEB
SITE ARE PROVIDED ON AN AS IS BASIS WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED. Big John’s Marine AND ITS SUPPLIERS AND LICENSORS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
THOSE OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE AND
NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE
WEB SITE, ITS CONTENT, AND THE SERVICES OFFERED BY Big John’s Marine ON THE
WEB SITE ARE FOR YOUR INTENDED APPLICATION AND USE. Big John’s Marine DOES
NOT WARRANT THAT THE WEB SITE, ITS CONTENT, OR THE SERVICES IT OFFERS ON THE
SITE MEET YOUR PARTICULAR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY
AGREEMENT BETWEEN YOU AND Big John’s Marine. Big John’s Marine, ITS
SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF Big John’s
Marine, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
ANY SUCH DAMAGES. CERTAIN STATE HAVE LAWS THAT DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF ANY
OF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Big John’s Marine SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Big John’s
Marine MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE SERVICES; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION, CONTENT OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii)
UNAUTHORIZED ACCESS OF OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICES.
Indemnity
You agree to defend, indemnify, and hold harmless Big John’s Marine, its
subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees ("Indemnitees") harmless from any claim or demand, expenses,
liabilities, losses, costs, and damages, including reasonable attorney's
fees, that the Indemnitees may incur (i) in connection with your use of the
Web site or any linked Web site(s) or (ii) resulting from content that you
have supplied.
Applicable Laws
All matters relating to your access to and use of the Web site shall be
governed by U.S. federal law or the States laws of where the specific Web
site you are viewing is hosted without regard to its conflict of law
principles. Any legal action or proceeding related to your access or use of
the Web site shall be instituted in a state or federal court in the
jurisdiction in which the specific Web site you are viewing is hosted.
If there is a determination that any provision of the Terms of Service are
invalid or unenforceable, that determination will not affect the rest of the
Terms of Service and the Terms of Service shall be deemed amended to the
minimum extent necessary to make them valid and enforceable.
Violations
Please report any violations of the Terms of Service to
Contact Information
If you have any questions regarding the Terms of Service, please contact us
at
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