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Conditions of Use
All users of this site agree that access to and
use of this site are subject to the following
terms and conditions and other applicable law.
If you do not agree to these terms and
conditions, please do not use this site.
Copyright
The entire content included in this site,
including but not limited to text, graphics or
code is copyrighted as a collective work under
the United States and other copyright laws, and
is the property of Software On Sailboats. The
collective work includes works that are licensed
to Software On Sailboats. Copyright 2005,
Software On Sailboats ALL RIGHTS RESERVED.
Permission is granted to electronically copy and
print hard copy portions of this site for the
sole purpose of placing an order with Software
On Sailboats or purchasing Software On Sailboats
products. You may display and, subject to any
expressly stated restrictions or limitations
relating to specific material, download or print
portions of the material from the different
areas of the site solely for your own
non-commercial use, or to place an order with
Software On Sailboats or to purchase Software On
Sailboats products. Any other use, including but
not limited to the reproduction, distribution,
display or transmission of the content of this
site is strictly prohibited, unless authorized
by Software On Sailboats. You further agree not
to change or delete any proprietary notices from
materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of
Software On Sailboats used in the site are
trademarks or registered trademarks of Software
On Sailboats
Warranty Disclaimer
This site and the materials and products on this
site are provided "as is" and without warranties
of any kind, whether express or implied. To the
fullest extent permissible pursuant to
applicable law, Software On Sailboats disclaims
all warranties, express or implied, including,
but not limited to, implied warranties of
merchantability and fitness for a particular
purpose and non-infringement. Software On
Sailboats does not represent or warrant that the
functions contained in the site will be
uninterrupted or error-free, that the defects
will be corrected, or that this site or the
server that makes the site available are free of
viruses or other harmful components. Software On
Sailboats does not make any warrantees or
representations regarding the use of the
materials in this site in terms of their
correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some
states do not permit limitations or exclusions
on warranties, so the above limitations may not
apply to you.
Limitation of Liability
Software On Sailboats shall not be liable for
any special or consequential damages that result
from the use of, or the inability to use, the
materials on this site or the performance of the
products, even if Software On Sailboats has been
advised of the possibility of such damages.
Applicable law may not allow the limitation of
exclusion of liability or incidental or
consequential damages, so the above limitation
or exclusion may not apply to you.
Typographical Errors
In the event that a Software On Sailboats
product is mistakenly listed at an incorrect
price, Software On Sailboats reserves the right
to refuse or cancel any orders placed for
product listed at the incorrect price. Software
On Sailboats reserves the right to refuse or
cancel any such orders whether or not the order
has been confirmed and your credit card charged.
If your credit card has already been charged for
the purchase and your order is cancelled,
Software On Sailboats shall issue a credit to
your credit card account in the amount of the
incorrect price.
Term; Termination
These terms and conditions are applicable to you
upon your accessing the site and/or completing
the registration or shopping process. These
terms and conditions, or any part of them, may
be terminated by Software On Sailboats without
notice at any time, for any reason. The
provisions relating to Copyrights, Trademark,
Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive
any termination. |
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Notice
Software On Sailboats may deliver notice to you
by means of e-mail, a general notice on the
site, or by other reliable method to the address
you have provided to Software On Sailboats.
Miscellaneous
Your use of this site shall be governed in all
respects by the laws of the great state of
Texas, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention
on contracts for the international sale of
goods. You agree that jurisdiction over and
venue in any legal proceeding directly or
indirectly arising out of or relating to this
site (including but not limited to the purchase
of Software On Sailboats products) shall be in
the state or federal courts located in Travis
County, Texas. Any cause of action or claim you
may have with respect to the site (including but
not limited to the purchase of Software On
Sailboats products) must be commenced within one
(1) year after the claim or cause of action
arises. Software On Sailboats' failure to insist
upon or enforce strict performance of any
provision of these terms and conditions shall
not be construed as a waiver of any provision or
right. Neither the course of conduct between the
parties nor trade practice shall act to modify
any of these terms and conditions. Software On
Sailboats may assign its rights and duties under
this Agreement to any party at any time without
notice to you.
Use of Site
Harassment in any manner or form on the site,
including via e-mail, chat, or by use of obscene
or abusive language, is strictly forbidden.
Impersonation of others, including a Software On
Sailboats or other licensed employee, host, or
representative, as well as other members or
visitors on the site is prohibited. You may not
upload to, distribute, or otherwise publish
through the site any content which is libelous,
defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal,
or otherwise objectionable which may constitute
or encourage a criminal offense, violate the
rights of any party or which may otherwise give
rise to liability or violate any law. You may
not upload commercial content on the site or use
the site to solicit others to join or become
members of any other commercial online service
or other organization.
Participation Disclaimer
Software On Sailboats does not and cannot review
all communications and materials posted to or
created by users accessing the site, and is not
in any manner responsible for the content of
these communications and materials. You
acknowledge that by providing you with the
ability to view and distribute user-generated
content on the site, Software On Sailboats is
merely acting as a passive conduit for such
distribution and is not undertaking any
obligation or liability relating to any contents
or activities on the site. However, Software On
Sailboats reserves the right to block or remove
communications or materials that it determines
to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in
violation of a copyright, trademark or; other
intellectual property right of another or (d)
offensive or otherwise unacceptable to Software
On Sailboats in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold
harmless Software On Sailboats, its officers,
directors, employees, agents, licensors and
suppliers (collectively the "Service Providers")
from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and
conditions or any activity related to your
account (including negligent or wrongful
conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our
visitors, Software On Sailboats may link to
sites operated by third parties. However, even
if the third party is affiliated with Software
On Sailboats, Software On Sailboats has no
control over these linked sites, all of which
have separate privacy and data collection
practices, independent of Software On Sailboats.
These linked sites are only for your convenience
and therefore you access them at your own risk.
Nonetheless, Software On Sailboats seeks to
protect the integrity of its web site and the
links placed upon it and therefore requests any
feedback on not only its own site, but for sites
it links to as well (including if a specific
link does not work). |
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