Terms

Terms of Use

PLEASE READ THIS TERMS OF USE AGREEMENT (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEB SITE (THIS “SITE”). BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE STATED BELOW, DO NOT ACCESS THIS SITE. BOSTON WHALER RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME, AT ITS OWN DISCRETION AND WITHOUT NOTICE TO YOU; HOWEVER, ALL SUCH CHANGES WILL BE POSTED TO THIS SITE. BOSTON WHALER ENCOURAGES YOU TO REVIEW THE TERMS OF USE FROM TIME TO TIME SO THAT YOU ARE AWARE OF ANY SUCH CHANGES. THE TERMS OF USE THAT ARE APPLICABLE TO YOU AT ANY GIVEN TIME ARE THE THEN-CURRENT TERMS OF USE. IN ADDITION, BY USING OR VIEWING THIS SITE, YOU ACCEPT ANY CHANGES TO THE TERMS OF USE.
Trademark Notice

Boston Whaler’s trademarks, logos, and subsidiary names appearing in this Site, except as otherwise noted, are trademarks owned or used under license by Boston Whaler or its affiliates. The use or misuse of these trademarks or any other content on this Site, except as provided in these Terms of Use is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Boston Whaler trademark without Boston Whaler’s prior written permission.
Limited right to use

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive, nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other non-personal use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. Any password or right given to you to obtain information or documents is not transferable.

You may not create a Web site that frames this Site or any trademark or proprietary information located on this Site without Boston Whaler’s written permission. You may not use meta tags or any other type of hidden text utilizing Boston Whaler’s or any of its affiliates’ names or trademarks on a Web site without Boston Whaler’s written permission.

Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all materials, software contained therein are reserved by Boston Whaler, and, except as expressly granted herein, nothing contained in these Terms of Use or the Site shall be construed as conferring any right, title, interest or license with respect to the Site to you, by implication, estoppel or otherwise.

Boston Whaler reserves the right to withdraw this limited license at any time.

Any copies you make of the materials (including by printing or by retaining electronic copies) for your personal use are subject to the following restrictions.

(1) You may not remove or disassociate from any of the materials any copyright or other proprietary notices contained in the materials;

(2) You may not modify, reproduce, display, perform, distribute, prepare derivative works from, or otherwise use the materials for any purpose not expressly permitted by these terms of use; and

(3) You may not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms of use.
Editing, deleting and modification
Boston Whaler reserves the right to modify, add or delete any documents, information, graphics or other content appearing on the Site at any time without notice.
No interruption

You agree not to interrupt or attempt to interrupt the operation of any site in any way.
Indemnification

You agree to indemnify, defend and hold us and our dealers, partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees and expenses, related to your violation of these Terms of Use or your use of the Site.
Telephone consumer protection act and similar law

Your use of a site establishes a business or other applicable relationship with us for purposes of the Telephone Consumer Protection Act or other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, this site, you agree that we or our agents may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.
Misuse of the sites

You may not make any statements on, or provide or post any information to, a site that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that, without due authorization, incorporates the proprietary material of another.
No representation or warranty

While Boston Whaler makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and Boston Whaler does not assume any responsibility for the accuracy, completeness or authenticity of any information contained in this Site.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN SITUATIONS, SO THE FOREGOING DISCLAIMER MAY OR MAY NOT APPLY TO YOU, EITHER IN WHOLE OR IN PART. THIS SITE AND ALL INFORMATION, CONTENT AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM BOSTON WHALER THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED HEREIN.

BOSTON WHALER DISCLAIMS ALL WARRANTIES THAT THE SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE AVAILABILITY OF THIS SITE CANNOT BE GUARANTEED. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR DATA LOSS THAT MAY RESULT FROM SUCH USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES.
System integrity

You will not knowingly 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 will not knowingly take any action which imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
Compliance with the law

In the performance and solicitation of transactions facilitated by the Site, you must comply with all applicable laws and regulations.