Terms of Use
On The Water, LLC and its affiliates (collectively, the Company) provide service to you subject to the following Terms of Service, which may be updated by the Company from time to time without prior notice to you. Your use of the On The Water, LLC Sites (as defined below) constitutes your agreement to these Terms of Service. The right to use the On The Water, LLC Sites, or any product or service offered by the Company, is personal to you and is not transferable to any other person or entity. The Company may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
1. Definitions.
The “On The Water, LLC Sites” shall mean all areas and any subscription or other paid products and services offered or operated by the Company on the World Wide Web or via any other electronic delivery mechanism. The On The Water, LLC Sites consist of information services and content provided by the Company, affiliates of the Company and third parties. The term Community Areas means the bulletin boards, chat rooms, content sharing, and other user participatory areas on the On The Water, LLC Sites.
2. General.
The Company shall have the right at any time to change or discontinue any aspect or feature of the Company Sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use, without prior notice to you.
3. Use of the On The Water, LLC Sites and the Community Areas.
1. The Community Areas may be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You may not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that any material you upload or contribute is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission. No user may engage in conduct that, in the Company.s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may not be posted on or transmitted through the Community Areas without the Company’s express written approval.
2. The On The Water, LLC Sites and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the On The Water, LLC Sites are copyrighted as a collective work under the United States copyright laws. The Company is the owner of the copyright in all the On The Water, LLC Sites. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, modify, adapt, publish, display or commercially exploit any material from the On The Water, LLC Sites without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the On The Water, LLC Sites, no changes in or deletion of author attribution, trademark, legend, or copyright notice are permitted.
3. You hereby grant to the Company and its affiliates the worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to the Company (in whole or in part), and/or to incorporate them in other works in any form, media or technology now known or later developed.
5. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company considers to be offensive.
6. You shall provide the Company with accurate, complete and updated information at the time of registration.
7. You shall not engage in any activity which is contrary to or would adversely affect the purpose or intention of the On The Water, LLC Sites, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Sites’ services, in whole or in part, by, among other methods, registering multiple accounts under the same or different names.
8. The On The Water, LLC Sites contain links to other web sites, resources and advertisers. The Company is not responsible for the availability of these external sites nor does it endorse or is it responsible for the content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall the Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or webmaster.
9. You shall be responsible for obtaining and maintaining all telecommunications, computer hardware and other equipment needed for access to and use of the On The Water, LLC Sites and Community Areas, and all charges related thereto.
10. The foregoing provisions of this Section are for the benefit of the Company, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
11. The Company has carefully designed the On The Water, LLC Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the On The Water, LLC Sites in any way that interferes with that purpose. In particular, the Company prohibits any party from displaying the content on the Company Sites in any format where third party advertising or other materials which the Company did not authorize are viewed or viewable together with the Company’s proprietary content.
4. Monitoring.
The Company shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by the Company from time to time. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas that the Company, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of the Company, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither the Company nor any of its affiliates shall assume or have any liability for any action or inaction by the Company with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
5. Disclaimer of Warranty; Limitation of Liability.
1. YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE COMPANY SITES IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE COMPANY SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE COMMUNITY AREAS.
2. THE COMPANY SITES AND THE COMMUNITY AREAS ARE PROVIDED ON AN .AS IS,. .AS AVAILABLE. BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
3. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
4. IN NO EVENT WILL THE COMPANY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE COMPANY SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE COMPANY SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON THE COMPANY SITES AND/OR THE COMMUNITY AREAS. THE COMPANY.S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO THE COMPANY.
5. THE COMPANY NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE COMPANY SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED THE COMPANY EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE COMPANY SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE COMPANY SITES AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
6. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE COMPANY SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE COMPANY MAKES PRODUCTS OR SERVICES AVAILABLE ON THE COMPANY SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
7. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. NEITHER THE COMPANY NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER THE COMPANY NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE COMPANY SITES SHALL BE CONSTRUED AS INVESTMENT ADVICE. THE COMPANY IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
6. Indemnification.
You agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys. fees, arising out of the use by you of the On The Water, LLC Sites and/or the Community Areas.
7. Termination.
The Company shall have the right to terminate immediately this Agreement with respect to any user which the Company, in its sole discretion, considers to be engaged in unacceptable conduct, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8 and 10 shall survive termination of this Agreement.
8. Trademarks.
All trademarks appearing on the On The Water, LLC Sites are the property of their respective owners, including trademarks owned by the Company.
9. Subscription Services; Products.
1. Subscription Services.
The Company makes available to users certain online subscription services and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to any subscription service or services offered by the Company on the On The Water, LLC Sites (the .Subscription.):
(a) Subscription Terms. The Subscription will continue until the Company receives notification of termination from you as described in Subsection (c) below. You authorize the Company to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. If you accepted an offer that included a free trial period, your credit card account will not be charged until after the end of the free trial period. If you ordered in response to a free trial period offer, you may cancel the subscription process and avoid a charge to your credit card account by following the directions accompanying the trial offer. If you subscribed for a term of one (1) year or more, you will be notified by the Company before the account designated by you is charged after the first term.
(b) Changed Terms. The Company shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective thirty (30) days after notice thereof, which may be given by means including, but not limited to, posting on the On The Water, LLC Sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in Subsection (c) below. Any use of the Subscription by you after the change in terms is effective shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
2. Terms of Offers.
With respect to products and services offered for sale by the Company and third parties through the On The Water, LLC Sites, you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
10. Miscellaneous.
This Agreement and any operating rules for the On The Water, LLC Sites and the Community Areas established by the Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
ACCOUNT HOLDERS WHO POST MATERIAL DEPICTING VIOLENCE, PORNOGRAPHY, CRUELTY, OR CRIMINAL CONDUCT WILL HAVE THEIR ACCOUNTS TERMINATED IMMEDIATELY, WITHOUT NOTICE. IF ANY OF THE MATERIAL VIOLATES ANY STATE OR FEDERAL LAWS, THE ACCOUNT HOLDER WILL BE REPORTED TO THE PROPER AUTHORITIES.
If you believe that any material posted on any On The Water, LLC Sites violates your copyright, trademark or other intellectual property rights, please e-mail feedback@onthewater.com.