Terms & Conditions
DEDICATEDMARINESUPPLIES.COM TERMS OF SERVICE
a. By accessing the Web site “dedicatedmarinesupplies.com” or "www.dedicatedmarinesupplies.com" (the "Site"), which is operated by Dedicated Marine Electric, you agree to be legally bound by the following terms and conditions without limitation or qualification (collectively, the “Agreement”). If you do not agree to comply with and be legally bound by these terms and conditions, do not access or use the Site.
b. Dedicated Marine Supplies reserves the right to change this Agreement and modify or terminate any of the products, services and/or programs described in or associated with the Site at any time without notice or liability to you. You are bound to any and all such changes, and should visit the Site periodically to review the then current terms and conditions of this Agreement. Dedicated Marine Supplies also reserves the right at its discretion to deny access to the Site or portions thereof at any time with or without notice.
c. Dedicated Marine Supplies and its related or affiliated companies (collectively, “Affiliates”) may enter into arrangements with one or more third parties to offer customers with opportunities to purchase special services, products or prices offered by one or more such third parties. You are not violating this Agreement when acting in accordance with the terms and conditions of any such third-party program that has been sanctioned by Dedicated Marine Supplies. Similarly, the terms and conditions of this Agreement shall be deemed amended to the extent necessary to permit such third parties to operate within the terms of a written agreement they have entered into with Dedicated Marine Supplies or its Affiliates.
d. Affiliates consist of those companies in which Dedicated Marine Supplies has an ownership interest and companies that have an ownership interest in Dedicated Marine Supplies .
2. Intellectual Property
a.All text and audio, visual, graphic and other matter appearing on the Site are the exclusive property of Dedicated Marine Supplies or one or more its Affiliates, which includes, without limitation, articles, data, images, photographs, passwords, account information, personal identification numbers, screens, text, user names, web pages, and other related or unrelated materials (collectively the "Web Matter”).
b. Unless otherwise stated in this Agreement or elsewhere on the Site, all products, services, software and technology (including any copyrights and patents thereto) contained in the Site are the exclusive property of Dedicated Marine Supplies and/or one or more of Affiliates, or third parties with whom a proper license has been acquired by Dedicated Marine Supplies .
c. The trademarks, service marks, logos and trade dress (collectively the "Marks") displayed on the Site are either registered or unregistered trademarks or other protected intellectual property of Dedicated Marine Supplies and/or one or more of Affiliates, or third parties with whom a proper license has been acquired by Dedicated Marine Supplies .
d. All images of people, objects or places appearing on the Site are either the property of Dedicated Marine Supplies , or used by Dedicated Marine Supplies with proper permission.
e. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the Web Matter for any public or commercial purposes. Nothing on the Site shall be construed to confer any grant or license of any intellectual property rights whatsoever respecting the Web Matter or Marks, whether by contract, estoppel, implied right or otherwise.
f. Dedicated Marine Supplies owns or uses by permission all software contained on the Site, including without limitation all HTML code and Active X controls. Both US copyright and other laws, along with international treaties and conventions, protect this software. These laws expressly prohibit any modification, redistribution, or reproduction of the software, and such actions could result in severe civil and criminal penalties.
g. For additional information regarding Dedicated Marine Supplies intellectual property, please see the copyright notice on the bottom of the Home Page of the Site.
3. Representations and Warranties
a. By using the Site, you represent and warrant that you: (i) are 18 years of age or older; (ii) possess the legal right and ability to enter into this Agreement; and (iii) agree to use the Site in accordance with all of the terms and conditions of this Agreement.
b. You accept financial responsibility for all use of the Site under your name or account, including without limitation all uses of your account by others, including minors living with you. You may allow other members of your household to use the Site under your name or account, only if you agree to pay all charges that they incur and to be responsible for all other aspects of their usage.
c. You further agree to supervise all minors who use the Site under your name or account. You agree not to assign, transfer, or sublicense your rights pursuant to this Agreement.
You agree to indemnify, defend, and hold harmless Dedicated Marine Supplies and its Affiliates from and against any and all claims, demands, proceedings, suits, actions, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses and costs, including legal and accounting fees (collectively, "Claims"), based on or arising out of your use of the Site, including without limitation any Claims alleging facts that, if true, would constitute your breach of this Agreement.
5. Limitations on Site Usage
a. Dedicated Marine Supplies permits you to access the Site solely to allow you to determine the availability of goods and services offered on the Site and to make legitimate reservations or otherwise transact business with Dedicated Marine Supplies or one or more of its Affiliates, and for no other purposes. The Site is for your personal, non-commercial use. You agree that you will use the Site's services, in full compliance with the terms and conditions of this Agreement, only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
b. In using the Site, you agree not to make any false purchases or any purchases in anticipation of demand. You agree to abide by the terms and conditions of any and all purchases of our goods or services, including without limitation payment of all amounts when due and compliance with all rules regarding availability of fares, products or services.
c. You are solely responsible for all assessments, charges, duties, fees and taxes arising out of your use of the Site and transactions conducted on the Site.
d. Your account information is owned by and proprietary to Dedicated Marine Supplies. Although you may access your account information through the Site, you may not give access to your account to any person or entity other than a member of your household or a person that you directly supervise as part of your employment.
e. You must access your account information directly through the Site and not through a third party Web site.
f. You agree that you will not use the Site to do any of the following:
(i) Distribute, disseminate, post or publish any information or material that degrades, embarrasses, harasses, humiliates, intimidates or threatens any individual or group of individuals on the basis of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union or nonunion affiliation, or any other basis protected by federal, state or local law.
(ii) Abuse, defame, harass, stalk, or threaten any person or entity, or otherwise violate the legal rights of others, including but not limited to rights of privacy and publicity.
(iii) Download or upload files that could damage the computers of other Site users, including but not limited to computer viruses, corrupt files, computers bugs or similar adverse matter.
(iv) Download or upload files or software that violate the intellectual property, privacy, publicity or other legal rights of others.
(v) Misrepresent or omit the origin or source of any file you download or upload.
(vi) Download or upload files that do not contain the posted proprietary language, author attributions, and/or proper copyright, patent, trademark or other applicable intellectual property notices.
(vii) Distribute, disseminate, post or publish any indecent, obscene, pornographic, unlawful or tasteless information or material.
(viii) Engage in any commercial purpose including but not limited to: (1) advertising or offering to sell any goods or services whether directly, through auctions or otherwise; (2) conducting contests or surveys; or (3) distributing chain letters or matter akin to any Ponzi or pyramid scheme. (ix) Advertising or offering to sell any business opportunities, direct sales opportunities, employment, independent contractor positions, multi-level marketing opportunities or securities.
(x) Post, send, or otherwise disclose confidential information, trade secrets or other confidential or protected proprietary data of any person or entity, including but not limited to PA or any of its Affiliates.
(xi) Download or upload files that you know, or reasonably should know, cannot be legally distributed through the Site.
(xii) Upload, download or otherwise export or re-export software or technology from the Site to: (1) any country the United States has embargoed, such as but not limited to Cuba, Iran, Iraq, Libya, North Korea, Syria, and Yugoslavia; or (2) anyone on the U.S. Treasury Department's Specially Designated Nationals list or the U.S. Commerce Department's Table of Denial Orders.
(xiii) Copy or create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer or transmit any information, products, services or software obtained by, from or through the Site except as may expressly and explicitly authorized by PA in this Agreement or on the Site.
(xiv) Monitor or copy any Web Matter or Marks manually or via any automated mechanism (such as but not limited to robots, spiders or other such devices), without the prior written approval of PA.
(xv) Act as an agent or attorney in fact for any person who is not a member of your immediate household or your direct supervisor at work.
(xvi) Take any action that could impose an unreasonable or disproportionately large burden on the Site’s infrastructure or hosting and server capacities.
(xvii) Access information about any Dedicated Marine Supplies customer protected by Site log-in procedures and post it on any other Web site, with or without that Dedicated Marine Supplies customer’s consent.
(xviii) Utilize another person’s Dedicated Marine Supplies customer’s password or personal identification, unless you are: (1) the Dedicated Marine Supplies customer to whom that password or personal identification number is assigned (the "Authorized Dedicated Marine Supplies customer"); (2) a family member of the Authorized Dedicated Marine Supplies customer, acting with the Authorized Dedicated Marine Supplies customer’s express permission; or (3) an employee of the Authorized Dedicated Marine Supplies customer’s employer, acting with the Authorized Dedicated Marine Supplies customer’s express permission.
(xx) Engage in any other conduct that is, or could be deemed by Dedicated Marine Supplies to be, in conflict with this Agreement or adverse to the best interests of Dedicated Marine Supplies .
a. The Web Matter may contain inaccuracies or other errors, and Dedicated Marine Supplies shall have no liability for such deficiencies. Dedicated Marine Supplies reserves the right to alter, change or modify the Web Matter at any time and without notice. Dedicated Marine Supplies makes no representations or warranties whatsoever as to the completeness, timeliness or accuracy of any Web Matter, and makes no commitment to update the Web Matter. Dedicated Marine Supplies further makes no representations whatsoever about the Web Matter's suitability for any purpose.
b. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. ALL WEB MATTER IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, TIMELINESS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL DEDICATED MARINE SUPPLIES OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE WEB MATTER OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER DEDICATED MARINE SUPPLIES WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
c. Dedicated Marine Supplies does not warrant or represent that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. Dedicated Marine Supplies shall not be liable for any virus, bug, worm or other damage to your computer equipment or other property due to your accessing, browsing or using the Site, or due to your downloading or streaming of any audio, data, images, materials, pictures, text, video or other Web Matter from the Site.
d. Since Dedicated Marine Supplies provides services and products in many parts of the world, the Site may refer to certain goods, products, and/or services that are not available in your area. A reference to goods, products, and/or services without limiting their geographic scope does not imply that Dedicated Marine Supplies offers or intends to offer those goods, products, and/or services in all locations.
7. Information and Privacy
b. As part of the registration process, you will be asked to select a password and user name. In this regard, you agree to provide Dedicated Marine Supplies with accurate, complete and updated registration information. Failure to do so shall constitute a material breach of this Agreement, which may result in immediate termination of your account with Dedicated Marine Supplies and your privilege to use the Site.
c. You may not and shall not: (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without prior authorization; or (iii) use a screen name that Dedicated Marine Supplies , in its sole discretion, deems to be unlawful, threatening, hateful, racist, abusive, libelous, defamatory, pornographic, obscene, profane, vulgar, offensive, indecent or inappropriate.
d. Your screen name and pass code are proprietary to and the property of Dedicated Marine Supplies . However, you must take precautions to insure the security of your pass code. Dedicated Marine Supplies assumes no responsibility for and will not be liable if another person learns your pass code or uses your pass code to cause damage to or incur liability for you.
e. While Dedicated Marine Supplies takes reasonable steps to prevent unauthorized access to your private information, Dedicated Marine Supplies is not responsible for the acts of those who gain unauthorized access, and Dedicated Marine Supplies makes no warranty of any nature (whether express, implied, or otherwise) that we will or can prevent unauthorized access to your private information. IN NO EVENT SHALL DEDICATED MARINE SUPPLIES OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER DEDICATED MARINE SUPPLIES WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
a. The Site may provide hyperlinks, frames, windows, pointers or other references (collectively, “Links’) to and from other Web sites. While Dedicated Marine Supplies strives to provide Links only to sites that are reputable and safe, we take no responsibility for the information, products or services obtained on such other sites and will not be liable for any damages arising from your access to such sites.
b. Dedicated Marine Supplies provides any Links to other sites merely for your convenience, and our inclusion of such Links in the Site does not imply an endorsement of the other sites, or their content and the persons or entities operating those sites. Therefore, you assume sole responsibility for using the Links.
c. Dedicated Marine Supplies specifically denies you permission to hyperlink or provide references to the Site in any form, unless you are allowed to do so under a separate written agreement with Dedicated Marine Supplies. You are also denied permission to use any Dedicated Marine Supplies Marks to provide such hyperlinks or references, unless you are allowed to do so under a separate written agreement with Dedicated Marine Supplies . Dedicated Marine Supplies bears no responsibility for sites that provide hyperlinks or references to the Site unless those sites are operated by Dedicated Marine Supplies or its Affiliates.
a. Dedicated Marine Supplies will not treat as confidential any communications, correspondence or other matter you send to us by electronic mail or otherwise. Further, Dedicated Marine Supplies has no obligation to refrain from publishing, reproducing or otherwise using your communications in any way and for any lawful purpose.
b. Dedicated Marine Supplies does not accept or consider unsolicited proposals related to its business, including but not limited to proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans and technologies. Dedicated Marine Supplies therefore requests that you not send such proposals to us or our Affiliates.
c. You are encouraged not to provide original creative artwork, blueprints, demonstratives, designs, layouts, photograph or samples to us. Dedicated Marine Supplies has adopted this policy to prevent claims that we have copied such unsolicited ideas without authorization, when, in fact, we may have developed the idea independent of or prior to receiving the unsolicited proposal. If you do send us unsolicited proposals, then do so with the understanding that Dedicated Marine Supplies may use any concepts, ideas, inventions, know-how or techniques that you disclose in those communications for any lawful purpose, including the developing, manufacturing and/or marketing of goods, products, or services. Dedicated Marine Supplies may do so free of any obligation to compensate you for that use.
10. Communications Monitoring
a. The Site may allow you to communicate with Dedicated Marine Supplies via online chat, real-time text messaging, telephone and/or other means. You may use these communication functions only for business purposes related to the Site. For quality assurance purposes, Dedicated Marine Supplies may monitor, record and/or transcribe the contents of these communications.
b. By contacting Dedicated Marine Supplies in the above manners or by any other means, you agree that the communication may be monitored, recorded, and/or transcribed, and you hereby consent to such monitoring, recording and/or transcribing. All corresponding records and transcriptions of these communications may be kept indefinitely or disposed of at our discretion.
11. Use of Community Resources
a. You agree to use any bulletin boards, chat rooms, conferences, messaging services or other Site-based communication resources contained on the Site (collectively, "Community Resources") only to send and receive material and messages that are proper and related to the purposes of the Site. You further agree that you will use the Community Resources in conformity with all applicable laws and this Agreement. You agree that you will not misuse or abuse any of the Community Resources.
b. Dedicated Marine Supplies reserves the right to remove, without notice, any Web Matter on the Site, including anything you post or distribute via the Community Resources. You understand that your use of one or more of the Community Resources constitutes a public communication. You understand that Dedicated Marine Supplies owns any and all information or material that you post or otherwise distribute via the Community Resources. You agree that you waive all rights you may have to any information or material that you post or distribute via the Community Resources. Dedicated Marine Supplies has the right to do whatever it wishes with that information or material, including but not limited to deleting or editing any posting by you for any reason. You further acknowledge and agree that Dedicated Marine Supplies TM does not endorse or sponsor any information or material posted or distributed by users of the Community Resources, and that Dedicated Marine Supplies has no responsibility to approve, review or screen such information or material.
12. Controlling Law
a. You agree that this Agreement is made and entered into in the State of Florida. You further agree that Florida law governs your use of the Site, without regard to conflicts of law principles. Any lawsuit brought by you related to your use of the Site must be brought in the state or federal courts of Palm Beach County, Florida.
b. You agree not to bring, and hereby waive any right to initiate, any class action lawsuit against Dedicated Marine Supplies, its Affiliates (or their directors, officers, employees, agents, investors or professional advisors) related to your use of the Site.
13. Other Terms
a. This Agreement constitutes the entire agreement governing your access to and use of the Site.
b. The failure of Dedicated Marine Supplies or any of its Affiliates to assert any rights it may have under this Agreement does not constitute a waiver of the right to assert the same or any other right at any other time or against any other person or entity.
c. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.
d. The headings of this agreement are provided for convenience only and shall not be construed so as to give substantive meaning to the terms and conditions of this Agreement.
e. All rights and remedies granted hereunder to Dedicated Marine Supplies and its Affiliates are cumulative and shall be in addition to any other rights or remedies which Dedicated Marine Supplies or its Affiliates may have at law or in equity.
© 2010 Copyright Dedicated Marine Supplies -- All Rights Reserved.