|ACCEPTANCE OF TERMS|
|DESCRIPTION OF SERVICES|
Through its network of Web properties, Boat Mart USA provides you with access to a variety of resources, including marine supplies, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU
|PERSONAL AND NON-COMMERCIAL USE LIMITATION|
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
1. Features, specifications, and prices of products described or depicted on the Site are subject to change at any time without notice. Some weights and measures are approximate.
2. The Site design, and all text, graphics, the selection and arrangement of text and graphics, all software, and all materials displayed on or that can be downloaded from the Site are either the property of, or used with permission by, Boatmartusa.com. and are protected by copyright and may not be used except as permitted in these Terms and Conditions or in the text on the Site.
3. Your use of the Site is at your risk. Neither www.boatmartusa.com. nor Boat Mart USA, LLC make any warranties or representations as to its accuracy and www.boatmartusa.com and Boat Mart USA, LLC specifically disclaim any liability or responsibility for any errors or omissions in the content on the Site. Neither www.boatmartusa.com. nor Boat Mart USA, LLC nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, the Site and material displayed on or that can be downloaded from the Site is provided to you "AS IS" WITHOUT, AND www.boatmartusa.com. AND Boat Mart USA, LLC DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
4. Boatmartusa.com and Boat Mart USA, LLC attempts to ensure that information on this Web site is complete, accurate and current. Despite our efforts, the information on this Web site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the site. For example, product(s) may be unavailable, they may have different attributes than those listed or they may actually carry a different price than that stated on the Web site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance of any order. If you have any questions or comments, we invite you to call our customer service department . We value your business, and we are committed to making your shopping experience an enjoyable one.
|WATERSPORTS RESPONSIBILITY CODE|
Boat Mart USA, LLC and its affiliates support the Water Sports Industry Association in stressing the following set of responsibilities for all watersports enthusiasts.
Be aware that there are elements of risk in boating, skiing, and riding that common sense and personal awareness can help reduce. Know your ability level and stay within it.
|To increase your enjoyment of the sport follow the “Watersports Responsibility Code”.|
It is your responsibility to:
• Familiarize yourself with all applicable laws, the risks inherent in the sport, and the proper use of equipment.
|• Know the waterways where you will be skiing or riding. Do not ski or ride in shallow water, near shore, docks, pilings, swimmers, or other watercraft.|
• Always have a person other than the boat driver as an observer and agree on hand signals before starting.
• Always wear a U.S. Coast Guard type III (PFD) vest.
|• Read your owner’s manual and inspect your equipment prior to use.|
• Ski or ride within your limits. Always ski or ride in control and at speeds appropriate for your ability.
|• Always turn ignition off when anyone is near watercraft power drive unit.|
• Avoid CO poisoning! Never drag within 20 feet behind a moving watercraft.
|• Do not operate watercraft, ski or ride under the influence of alcohol or drugs.|
|Water Sports Industry Association|
|RELEASE OF LIABILTY AGREEMENT|
1) Purchaser agrees and understands that watersports activities can be HAZARDOUS. Purchaser recognizes that injuries are a common and ordinary occurrence of watersports and related activities. Purchaser hereby agrees to freely and EXPRESSLY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH while participating in watersports and related activities.
2) I agree not to use any equipment unless I understand how to use it. I agree to inspect the equipment before use and not to use the equipment if any parts are worn or damaged. I agree to abide by the manufacturers recommendations on the product(s) use and operation.
3) To the fullest extent allowed by law, Purchaser AGREES TO RELEASE, INDEMNIFY AND DEFEND the dealer, Boat Mart USA, LLC and its affiliates including www.boatmartusa.com, distributor and manufacturer of the equipment from any liability, claims, demands, actions and causes of action arising out of the use of the equipment, including, but not limited to, those injuries and damages caused by the negligence and/or breach of warranty, express or implied, on the part of the aforementioned entities.
4) Purchaser hereby assumes the duty of inspecting and knowing the condition of the site(s) upon which the watersports and related activities will take place.
5) Purchaser agrees that he/she has received the manufacturer’s written materials [new equipment only].
6) Purchaser CONTRACTUALLY AGREES that any and ALL DISPUTES between myself and the dealer, Boat Mart USA, LLC and its affiliates including www.boatmartusa.com, manufacturer and distributor arising from my participation in the activities OR use of this equipment, and INCLUDING any claims for personal injury and/or death, WILL BE GOVERNED BY THE LAWS OF THE STATE AND DEALT WITH IN THE COURTS OF THE STATE in which the manufacturer resides.
7) In the event any section of this release is found to be unenforceable, the offensive clauses will be stricken and the remaining terms shall be fully enforceable.
8) This release shall be binding upon my assignees, subrogors, distributees, heirs, next-of-kin, executors, personal representatives, and administrators and may be pled by the dealer and the manufacturer of the equipment as a complete bar and defense against any claim, demand, action or causes of action by or on behalf of the Purchaser.