Save Your Boat, Use a Cleat Clamp!™ |
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Terms and conditions This is a legally binding agreement between Cleat Clamp, LLC ("CLEATCLAMP.com"), owner of the CLEATCLAMP.com Site, and you. Please carefully read this Agreement in full before using or accessing the CLEATCLAMP.com Site. As a condition to your using and accessing the CLEATCLAMP.com site, you agree to be bound by the terms and conditions of this Agreement, which includes, without limitation, the CLEATCLAMP.com Privacy Statement and any additions or changes thereto or hereto which may be added to, changed or amended from time to time, without notice, all of which collectively are referred to as the "Agreement." You are responsible for reviewing the Agreement from time to time for any changes, updates or additions to the Agreement. Use of or access to the CLEATCLAMP.com site shall constitute your acceptance of and agreement to the terms and condtions of this Agreement. IF YOU CAN NOT OR DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS THE CLEATCLAMP.com site. Any questions about this Agreement, should be forwarded to sales@cleatclamp.com. 1. The information and material contained in the CLEATCLAMP.com Site, including, without limitation, the CLEATCAMP.com logo, and all designs, text, graphics, pictures, selection, coordination, metatags, information, data, software, other files and the selection and arrangement thereof are protected by copyright, trademark, patent and other intellectual property laws and may not be published, in whole or in part without the prior written permission of CLEATCLAMP.com. The CLEATCLAMP.com Site as a whole is protected by copyright and trade dress. Save Your Boat, Use a Cleat Clamp!™ is a trademark of CLEATCLAMP.com and may not be copied, published or used, in whole or in part, without the prior written permission of CLEATCLAMP.com. You agree not to copy, duplicate, publish or otherwise disseminate the information or material on the CLEATCLAMP.com Site except with the prior written approval of CLEATCLAMP.com. 2. Users accessing and using the CLEATCLAMP.com site agree to provide all hardware, software, telephone or other communications equipment and/or service to connect to the CLEATCLAMP.com site and are responsible for all charges or other fees incurred with respect thereto. You agree to access and use the CLEATCLAMP.com site only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations that may be applicable to your use of the CLEATCLAMP.com site. 3. Please refer to our Privacy Statement for information on how we collect, use, and disclose personally identifiable information from you. 4. CLEATCLAMP.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OR PERFORMANCE OF, OR ACCESS TO, THE CLEATCLAMP.com SITE OR ANY SITE LINKED TO OR FROM THE CLEATCLAMP.com SITE AND THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES OFFERED THEREIN WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY NEGLIGENCE OF CLEATCLAMP.com. IN NO EVENT SHALL CLEATCLAMP.com BE LIABLE IN EXCESS OF THE LESSER OF FIFTY DOLLARS ($50) OR ANY AMOUNTS PAID BY YOU TO CLEATCLAMP.com. OR FOR THE MATERIALS, INFORMATION, PRODUCTS, OR SERVICES WITH RESPECT TO WHICH LIABILITY IS FOUND. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CLEATCLAMP.com IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER OR PERSON LISTING ANY MATERIAL OR INFORMATION ON THE CLEATCLAMP.com SITE. 5. By using or accessing the CLEATCLAMP.com Site you agree to indemnify CLEATCLAMP.com and its affiliates, members, managers, agents and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of or access to the CLEATCLAMP.com Site or any Internet site linked thereto or therefrom or the information, materials, products and services offered or contained therein, or your submission of information or material to CLEATCLAMP.com (the "Claims"). By using the CLEATCLAMP.com Site and the information and materials contained therein, or submitting any information or materials to CLEATCLAMP.com, you are hereby agreeing to release CLEATCLAMP.com and their, affiliates, members, managers, agents and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such Claims. 6. CLEATCLAMP.com shall not be responsible or obligated to maintain copies, electronic or otherwise, of the CLEATCLAMP.com Site or the information or materials contained therein. CLEATCLAMP.com shall not be liable for any lost material, information or data resulting from the failure or operation of the CLEATCLAMP.com Site or the servers on which it is hosted. 7. The CLEATCLAMP.com site contains and provides links to other web sites. CLEATCLAMP.com makes no representation whatsoever regarding the content of any other Web sites, which you may access from the CLEATCLAMP.com Site. When you access a non-CLEATCLAMP.com Web site, please understand that it is independent from CLEATCLAMP.com and that CLEATCLAMP.com has no control over the content on that Web site. A link or search result to a non-CLEATCLAMP.com Web site does not mean that CLEATCLAMP.com endorses, and CLEATCLAMP.com expressly rejects any responsibility for, the content or use of such Web site. 8. Mention of third-party products, companies and Web sites on the CLEATCLAMP.com Site are for informational purposes only and constitute neither an endorsement nor a recommendation. CLEATCLAMP.com assumes no responsibility, and you assume all risk, with regard to the selection, performance or use of these products or vendors. CLEATCLAMP.com provides this information only as a convenience to our users. All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor. 9. THE CLEATCLAMP.com SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CLEATCLAMP.com DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN THE CLEATCLAMP.com SITE. CLEATCLAMP.com DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE CLEATCLAMP.com SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. CLEATCLAMP.com DOES NOT REPRESENT OR WARRANT THAT THE CLEATCLAMP.com SITE OR THE SERVERS ON WHICH IT IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10. The CLEATCLAMP.com Site is controlled and operated by CLEATCLAMP.com from its offices in Mustang, Oklahoma. This Agreement constitutes the entire agreement between you and CLEATCLAMP.com. The Agreement and any dispute or claim arising thereunder or the CLEATCLAMP.com Site shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to any conflict of law provisions. With respect to any dispute or claim arising under this Agreement or the Site, you and CLEATCLAMP.com agree to submit to the personal and exclusive jurisdiction of the state and federal courts of the State of Oklahoma, County of Canadian. If any provision of this Agreemnt is held to be unenforceable, void or invalid by a court of competent jurisdiction, that provision shall be severable and shall not affect the validity or enforceability of the remaining provisions hereof, which shall remain in full force and effect. The failure or delay of CLEATCLAMP.com to exercise or enforce any right or provision under this Agreement or any remedy with respect thereto, shall not constitute a waiver by CLEATCLAMP.com of such right, provision or remedy. You may not assign any of your rights or obligations under this Agreement. All provisions of this Agreement shall survive the termination thereof. | ||||||