Boston Whaler | Terms of Use

Terms of Use

Terms of Use

Throughout this site, the terms "Boston Whaler," "Whaler," "we," "us," and "our" refer to Boston Whaler. Your access to, and use of, this site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and Boston Whaler are superseded with respect to this subject matter. If you do not wish to be bound by the Terms of Use, please exit the site.

We reserve the right to modify or remove contents of this site at any time, including the features, availability, or operation of the site, these Terms of Use, or any policy or notice posted on the site. You are bound by revisions to the Terms of Use and should therefore periodically visit this page to review the current Terms of Use. You agree that it is your responsibility to monitor changes to the site, and your continued use of this site following the posting of changes means that you agree to and accept the changes.


Ability to Accept Terms of Use

You affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to qualify under, abide by, and comply with these Terms of Use.


Accuracy and Completeness of Information

All of the information presented on this site is for informational purposes only. The information and features on this site do not constitute binding offers to buy or sell products or services described on the site, or to make such products or services available in your area. Boston Whaler products are offered for sale by independent dealers, and the purchase of any such products or services are subject to the terms and conditions of the applicable sale, lease, or retail installment contract.

Boston Whaler does not represent or warrant that any products or services depicted or mentioned on this site are currently available for sale, are still in production, or have been tested for commercial use. Regardless of any information presented on this site, Boston Whaler reserves the right without prior notice to discontinue services, products, models, parts, accessories, and other items, or change specifications at any time, without incurring any obligations. Although Boston Whaler makes reasonable efforts to ensure that all material on this site is correct, accuracy and integrity cannot be guaranteed, and Boston Whaler does not assume any responsibility or obligation for the accuracy, completeness, or authenticity of material on the site.


Use of the Site

All content on this site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces and code, and software, as well as the selection and arrangement thereof, are the exclusive property of Boston Whaler, its parent company and affiliates, its licensors, or its content providers, and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the site only for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of the material on the site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the site, is expressly prohibited. Boston Whaler retains full and complete title to the material provided on the site, including all associated intellectual property rights, and provides this material to you under a license that is revocable at any time at Boston Whaler's sole discretion. Boston Whaler neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with Boston Whaler.

You may not use contact information provided on the site for improper purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data, or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. Boston Whaler reserves the right, in its sole discretion, to terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any right or relief to which Boston Whaler may be entitled at law or in equity.

You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through this site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy, or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address or other identifying information, or impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

Links

This site may contain links to sites owned or operated by parties other than Boston Whaler. Such links are provided for your convenience only. We do not control, and are not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Boston Whaler specifically disclaims any responsibility if such sites infringe any third party's intellectual property rights; are inaccurate, incomplete, or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

Neither does Boston Whaler endorse the content, or any products or services available, on such sites. If you establish a link to such sites or this site, you do so at your own risk and without the permission of Boston Whaler.


Trademarks

Trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of Boston Whaler, its affiliates, its licensors, its content providers, and other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. Boston Whaler reserves all rights not expressly granted in and to the site and its content.


Infringement Notice

We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent:
Boston Whaler
Attn: Law Department/Copyright Agent
1 North Field Court
Lake Forest, IL 60045

To be effective, the notification must include ALL of the following:
1. Physical or electronic signature of the copyright owner or the person authorized to act on the owner's behalf;
2. Description of the copyrighted work you claim has been infringed;
3. Information reasonably sufficient to locate the material in question on the site;
4. Your name, address, telephone number, e-mail address, and all other information reasonably sufficient to permit Boston Whaler to contact you;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.


Privacy

Any personal data (for example, name, address, telephone number, or e-mail address) you transmit to the site will be used by Boston Whaler in accordance with the Privacy Policy. Any other communication or material you transmit to the site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and nonproprietary.


DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. BOSTON WHALER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOSTON WHALER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. BOSTON WHALER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.


LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT BOSTON WHALER, ITS AFFILIATES OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, BOSTON WHALER'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BOSTON WHALER OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BOSTON WHALER, ITS AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH BOSTON WHALER IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND BOSTON WHALER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


Indemnification

By using this site, you agree to indemnify, defend, and hold harmless Boston Whaler and its parent company, affiliates, and its and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the site and any violation of the Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Boston Whaler reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with Boston Whaler in defense of such matter.


Jurisdiction

The site is controlled by Boston Whaler from its offices within the United States of America. The laws of the State of Delaware govern the Terms of Use and your use of the site. If you choose to access the site from a location outside the United States, you do so at your own risk and with the understanding that laws applicable in your location may not be applicable to this site. By using the site, you irrevocably consent to the jurisdiction of courts located in the State of Delaware for any action to enforce the Terms of Use.


Entire Agreement

This agreement and any posted policies or operating rules constitute the entire agreement of the parties with respect to this subject matter, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.


Severability

If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.