TERMS OF USE

Last Modified: June 21st, 2024

This website and on-line store (www.ntxboatclean.com) are operated by NTX BOAT CLEAN LLC (“Company” or “the Parties” or “we” or “us”). Your access and use of any website where these Terms are posted and/or where you actively agree to the Terms, including the websites that you may access using your mobile electronic device and the website shopping carts that you may access to purchase products from the on-line store (collectively, the “Websites”), and of the services provided through the Websites (collectively, with the Websites, the “Services”) are governed by and subject to these Terms of Use (the “Terms”). We may change the Terms from time to time, at any time without notice to you, by posting such changes on the Website. 

LEGAL AGREEMENT

These Terms are a legal agreement between the Parties and you, your heirs, assigns, and successors (collectively “you”).  These Terms contain important information regarding your legal rights, remedies and obligations. To use the Services, you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and able to agree to these Terms. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity. If the Parties have previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.

By accessing any portion of the Websites or using the Services, you acknowledge that you have read and understand these Terms, and you agree to be bound by these Terms. If you do not agree to these Terms and our Privacy Policy, you may not access, browse or otherwise use any portion of the Services, and you must discontinue all use of the Services immediately.

OWNERSHIP & PROPRIETARY RIGHTS

The Parties and their respective subsidiaries, affiliated or related companies, distributors, vendors, contractors, licensors and/or licensees are the exclusive owners or licensees of all content and materials on the Services (“Site Content”) and of all related intellectual property rights therein, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Services. The Site Content is protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. You acknowledge that the Site Content and Services have been developed, compiled, prepared, revised, selected, and arranged by the Parties and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of the Parties and such others. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on the Website.  You may view the content on the Website on your computer or other internet-compatible device, and make single copies or prints of the content on the Website for your personal, internal use only.  Any commercial distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior permission of the Parties or the applicable rights holder.  (The Website may contain some features that enable you to obtain rights to use certain of the content on the Website, such as lyrics, music, photographs, and the like.  In such situations, your rights to use such content are limited to the rights expressly granted by Company in such situations.)  You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Website.  If you make other use of the Website, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.  The Parties will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

OWNERSHIP & TRADEMARK RIGHTS

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website are registered and unregistered Trademarks of Company and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders.  All Trademarks not owned by Company that appear on the Website, if any, are the property of their respective owners.  Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the Parties or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website is strictly prohibited.  The Parties will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

You may access, browse and use the Services and the Site Content only for your personal, non-commercial use, on a computer, mobile electronic device or other Internet-compatible device. You do not acquire any ownership interests in any of the Site Content or the Trademarks by accessing, browsing or otherwise using the Services. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Site Content or the Trademarks, except as may be allowed by law.

CONTENT STANDARDS

Your Content

Certain features of the Services may allow you to post, upload, transmit or submit certain materials, content, questions, photographs, reviews, designs, concepts, inventions, feedback, information or ideas to the Services (“Your Content”).  You may not post, upload, transmit or submit to the Services any of Your Content that you did not create or that you do not have express written permission to post.  By providing Your Content to the Parties, you: (i) represent and warrant that Your Content is original to you, that you solely and exclusively own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in the following subsection (ii), and represent and warrant that neither Your Content nor your posting, uploading, publication, submission, or transmittal of Your Content or use of Your Content (or any portion thereof) by the Parties will infringe, misappropriate, or violate any rights, including a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of privacy or publicity, or result in the violation of any applicable law or regulation; (iii) grant to each of the Parties, a nonexclusive worldwide, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, and fully transferable, assignable and sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, stream, broadcast, transmit, display, perform, publish, sell, license, transfer, adapt, create derivative works from, and otherwise use and exploit Your Content, for any purpose that any of the Parties may choose, in and through any means or media, whether now existing or subsequently developed, and without any compensation to, or any approval by, you or any other party, and you waive and agree not to assert any author’s rights, “droits morales” or “moral rights”; and (iv) agree to indemnify, defend, and hold harmless us and each of the Parties, their affiliates and subsidiaries, and their officers, owners, directors, managers, employees, agents, and representatives (the “Related Parties”) harmless for all claims resulting from Your Content (as further detailed in the Indemnification Section below). In the interest of clarity, the license granted to the us and the Parties shall survive termination of the Service or Your Account (as defined below). The Parties do not provide any compensation for Your Content. You agree that, subject to the Websites’ Privacy Policy, Your Content shall be deemed to be non-confidential and nonproprietary, and the Parties shall have no obligation of any kind with respect to such information.

You acknowledge and agree that you are solely responsible for Your Content. The Parties cannot be responsible for maintaining Your Content, and may remove Your Content from the Services at any time, for any or no reason, and without notice to you.  The Parties reserve the right, but do not have an obligation, to monitor and/or review all materials posted to or through the Services, by their users, and we are not responsible for any such materials.  The Parties may, at their sole discretion, proofread, summarize, or otherwise edit and/or withdraw Your Content, and you understand it remains your sole responsibility to monitor Your Content and ensure that such edited content is accurate and consistent with your representations and warranties in these Terms. However, the Parties further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law.   The Parties may also impose limits on certain features on the Services or restrict your access to part or all of the features or Services, if either party believes that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.

CONTENT STANDARDS

License

Subject to your compliance with these Terms, the Parties grant you a limited, non-exclusive, non-sub-licensable, non-transferable, and revocable right to access and use the Services only for your own internal, personal, or non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Services, including those relating to data security and data privacy, such as our Privacy Policy, these Terms, and the Additional Terms. The Parties may revoke this license at any time, in each entity’s sole discretion.  Upon any such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made in accordance with these Terms or otherwise.

If we provide social media content, including but not limited to, videos, reels, or posts, on the following social media platforms, including but not limited to, Instagram, Facebook, YouTube, TikTok, and Twitter, certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this Website.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

• You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

YOUR ACCOUNT AND USER INFORMATION

 Your Account & Website User Information

In the course of your use of the Website some of the Services are only available if you create an account.  When any of the Services require you to open an account (“Your Account”) or to otherwise provide certain personalized information or registration information, including usernames and passwords (such information referred to hereinafter as "User Information").  Our information collection and use policies with respect to the privacy of such User Information are set forth in the Website's Privacy Policy which is incorporated herein by reference for all purposes. 

You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.  The Parties may assume that any communications they receive under Your Account have been made by you.  You grant to the Parties the right to use, store, monitor, retrieve and transmit your User Information in connection with the operation of and/or the provision of any of the Services.  Our information collection and use policies with respect to the privacy of your User Information are set forth in the Websites’ Privacy Policy, which is incorporated into these Terms by reference for all purposes.  You agree that information submitted to Your Account will be transmitted to and shared with third parties that may be located in other countries in order for the Parties to provide services to you, including, but not limited to, transaction processing and fraud prevention.

You are solely responsible for maintaining the confidentiality of your User Information.  You are also solely responsible for any and all activities that occur under Your Account or User Information.  You must notify the Parties immediately, via e-mail to Service@ntxboatclean.com if any suspected or actual unauthorized use of Your Account or User Information, and of any and all other security breaches.  You understand and agree that the Parties may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

The Parties will not be liable for any loss, damages, liability, expenses or lawyers’ fees that you may incur as a result of someone else using Your Account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use.  You will be liable for losses, damages, liability, expenses and lawyers’ fees incurred by the Parties, or a third party due to someone else using Your Account.

The Parties each reserve the right to limit, block, suspend, or terminate Your Account in whole or in part or to refuse services to you, without notice to you, at any time and for any or no reason.  Without limiting the above, if you are a repeat copyright infringer, the Parties will, in appropriate circumstances, permanently terminate Your Account and remove all of Your Content from the Services.  If appropriate, in their sole discretion, the Parties may communicate to other users that Your Account has been terminated, blocked, suspended, or terminated, and why this action has been taken.  You have the right to terminate Your Account at any time.  You may terminate Your Account by following the instructions on the Services.  Please note that if Your Account is terminated, the Parties do not have an obligation to delete or return to you any of Your Content.

We have the right to disable Your Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. If you voluntarily terminate Your Account or allow Your Account to lapse, you may reactivate Your Account at any time through the account interface on the Services.  Accounts terminated by us for any type of abuse, including without limitation, a violation of these Terms, may not be reactivated.  Certain provisions of these Terms will still apply post termination.

YOUR ACCOUNT AND USER INFORMATION

Mobile User Information

When you enroll in a text message service (“Text Service”) offered by the Parties, you agree to receive recurring offers and other information from us via SMS and/or MMS message at the mobile number you provided during the service’s registration process. You may be required to respond to an initial message as instructed to complete registration and confirm enrollment. The enrollment process will disclose the program, frequency of messages, and options to cancel your enrollment.

Messages will be sent through an automatic telephone dialing system. There is no additional charge for this service, unless specifically disclosed and agreed by you, but you may be offered opportunities to make purchases through the Text Service and you will be responsible for any charges associated with such purchases. Your mobile carrier’s standard message and data rates may apply to any messages you send or receive through the Text Services, including our confirmations and subsequent texts. Please contact your mobile carrier for more information regarding your mobile data and messaging plan.

As described at program enrollment and in program welcome messages, including messages sent to a shortcode associated with the Text Service or by replying to any message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to stop your subscription, you agree to receive a final text message from the Text Service to confirm your cancellation.  Our information collection and use policies regarding your information are set forth in our Privacy Policy. You agree to notify us of any changes to your mobile number and update your account with us to reflect this change and acknowledge that you are responsible for the accuracy of this information. You can contact us with questions by using the information provided in the Notices and Contact Information section of these Terms, listed below.

Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. We are not liable for any delays in the receipt of, or failure to receive, any SMS or MMS texts, as delivery is subject to effective transmission by your mobile carrier. 

WEBSITE USER CONDUCT

User Conduct

You warrant and agree that, while using the Website, you shall not upload, post or transmit to the Website, or distribute or otherwise publish through the Website, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Website, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Website; or (d) attempt to gain unauthorized access to other computer systems through the Website. You agree that you will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

Although the Parties may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, the Parties are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations on the Website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website.

You agree that if you include a link from any other website to the Website, such link shall open in a new browser window.  You agree not to link from any other website to this Website in any manner such that the Website, or any page of the Website, is "framed," surrounded or obfuscated by any third-party content, materials or branding.  We reserve the right to revoke your right to link to the Website from your website at any time upon written notice to you.

You agree to defend, indemnify and hold the Parties and its directors, officers, employees, agents or content or service providers (collectively, "Protected Entities") harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions.  The Parties reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Parties’ defense of such claim.

WEBSITE USER CONDUCT

Unsolicited Materials

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Website, by e-mail or in any other way.  Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret and may be used by us in any manner consistent with the Website's Privacy Policy.  By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

ORDERS FOR PRODUCTS AND SERVICES

All purchases through our Website or other transactions for the sale of goods, services or information, formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms. We may make certain products available to visitors and registrants of the Website.  For example, you may be able to order certain music-related products and/or licenses through the Website.  You may only do so if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older.  You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to the Parties.  You agree to pay all applicable taxes.  If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Parties, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Parties.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

LINKING TO THE WEBSITES

You may be able to link from the Website to third party websites ("Linked Sites").  For example, you may purchase products, some of which may be the Parties’ products of on or though Linked Sites.  You acknowledge and agree that we have no control or responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

You agree that if you include a link from any website to any of the Websites, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Websites.  You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Websites, or any page of the Websites, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding.  The Parties may, at any time and for any or no reason, require that any link to the Websites be discontinued and removed and may revoke your right to link to the Websites.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.  This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.

• Send emails or other communications with certain content, or links to certain content, on this Website.

• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other Website, for example, framing, deep linking, or in-line linking.

• Link to any part of the Website other than the homepage.

• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  We reserve the right, for any reason, in our sole discretion, to withdraw, terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, linking permission, content, social media features, other features or hours of availability, at any time without notice in our discretion.  We may also impose limits on certain features of the Website or restrict your access to part or all of the Website without notice or penalty.  The Parties reserve the right to temporarily or permanently terminate your membership on the Website for any or no reason without prior notice.  

LEGAL COMPLIANCE

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You acknowledge, consent, and agree that the Parties may access, preserve, and disclose your information and/or Your Content for inclusion on the Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or by the Websites’ Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms, the Websites’ Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer service; (5) to protect the rights, property, or personal safety of the Parties, its agents and affiliates, its users, and the public; and/or (6) in connection with the operations of Your Account. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

LEGAL COMPLIANCE

Applicable Laws and Geographic Restrictions

We control and operate the Website from our offices in the United States of America.  We do not represent that materials on the Website are appropriate or available for use in other locations.  Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are accessible worldwide; however, some of their features or functions may not be available or appropriate for use outside the United States and/or may not be available to all persons or in all geographic locations.  The Parties make no representation that the Services and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any jurisdictions outside the United States.  Your access and use of the Services may not be legal in your jurisdiction.  If you choose to access, browse or use the Services, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable.  The Parties reserve the right to limit, in each entity’s sole discretion, as appropriate, the provision of any feature or function of the Services to any person and any geographic area.  All Services are void where prohibited.

The Services provide information of a general nature only and you are responsible for determining whether it applies to your specific situation.  Each of the Parties and Related Parties specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided on the Services.

Some content on the Services is provided by the users of the Services.  With the exception of the license granted to us in these Terms, the Parties do not obtain or control any rights in, and do not exert editorial control over, such content provided by users.  The Parties also do not independently verify the representations and warranties made by the users with respect to such content.  Your access to and use of the Services is at your own risk.

LEGAL COMPLIANCE

Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.  YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

THE SERVICES AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING.  WITHOUT LIMITING THE FOREGOING, PARTIES AND THE RELATED PARTIES EXPLICITLY DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF THE SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT, ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE, ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE SERVICES, AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES.  NONE OF THE PARTIES WARRANT THAT THE SERVICES OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS.  YOU USE THE SERVICES AT YOUR OWN RISK.  EACH OF THE PARTIES AND RELATED PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SERVICES OR YOUR DOWNLOADING OF ANY CONTENT ON THE SERVICES.  YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT.  THE PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE PARTIES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

ADDITIONALLY, THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SERVICES.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE PARTIES AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH THE PARTIES OR ITS AGENTS.  ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY THE PARTIES "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE PARTIES OR ITS LICENSOR OR SUPPLIER.

LEGAL COMPLIANCE

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR LIABILITY ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, (WHETHER OR NOT ANY OF THE PARTIES OR THE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WILL ANY OF THE PARTIES OR THE RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, THAT ARISE OUT OF OR IN CONNECTION WITH (A) THE USE OF THE SERVICES OR INABILITY TO USE THE SERVICES, OR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; (B) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (C) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (D) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES AND, IN SUCH STATES OR JURISDICTIONS, THE PARTIES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL ANY OF THE PARTIES OR RELATED PARTIES BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT).  IN NO EVENT SHALL THE PARTIES’ AND/OR THE RELATED PARTIES’ TOTAL, AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SERVICES OR FOR ANY OF YOUR ACTIVITIES ON THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM (EXCLUDING THE AMOUNTS PAID FOR ANY MERCHANDISE PURCHASED ON THE SERVICES), OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD), WHICHEVER IS GREATER.

THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

LEGAL COMPLIANCE

Indemnification

TO THE FULLEST EXTENT PERMITTED BY LAW, you agree to defend, indemnify, and hold harmless the Parties, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claim or demand, including without limitation, reasonable attorneys' fees,  liabilities, damages, judgments, awards, losses, costs, expenses, fees, and/or disbursements made by any third party in connection with or arising out of or relating to your use of the Services and/or Websites, including, but not limited to, your violation of these Terms, applicable law and/or Privacy Policy, Your Content, your posting, or transmission of site content to the services, and/or your violation of any rights of another any use of the Site Content, Services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

NOTICES AND CONTACT INFORMATION

All notices required or permitted to be given under these Terms must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, to:

North Texas Boat Clean

P.O. Box 560841
The Colony, Texas 75056
United States

Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express, on the second business day after deposit with the service.

If you have any questions, comments or complaints regarding the Websites, feel free to email us at Service@ntxboatclean.com. 

MODIFICATIONS

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

The Parties reserve the right to modify these Terms and/or any other guidelines or policies affecting the Services at any time, and all revisions will become effective upon the earlier of (a) posting of the revisions on the Websites, or (ii) distribution of the revisions by electronic mail.  For this reason, please visit this page on a regular basis and check the “last updated and effective” date at the top of this page to ensure that you are familiar with the most recent version of these Terms.  Your continued use of any of the Services after the effective date of any revisions means that you accept and agree to all such revisions.  If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services.

ASSIGNMENT

You agree that the Parties may assign or delegate any of the rights or licenses granted hereunder, and/or transfer, sub-contract or delegate any of the obligations, under these Terms.  Your agreement to these Terms is personal to you and you may not transfer or assign it, your rights, licenses, or obligations to any third party.  Any attempted transfer or assignment in violation hereof shall be null and void.

GOVERNING LAW AND JURISDICTION

By visiting or using the Services, you agree that all matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the United States of America and the laws of the State of Texas, without regard to the principles of conflicts of laws, will govern your use of the Services, and these Terms and all matters relating to your access to and/or use of the Services, including all disputes between you and us and/or any of the Parties and/or the Related Parties. 

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Lewisville and County of Denton although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

YOU AGREE THAT ANY COURT ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, THESE TERMS, THE WEBSITES AND ALL MATTERS RELATING TO YOUR ACCESS TO AND/OR USE OF THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE FOR SUCH ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. 

DISPUTE RESOLUTION

In the event of a dispute, you or the Parties must send to the other party a notice of dispute, in writing, setting forth the name, address and contact information of the party giving notice, the facts of the dispute and relief requested.  You may initiate proceedings by sending Us a Notice of Legal Dispute, to the address listed in the "Notices and Contact Information" above.

We will send any notice of dispute to you at the contact information we have for you.

You and the Parties agree to try to attempt to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days.  If you and the Parties do not resolve the dispute in such 60-day time period, then you or the Parties may commence litigation.  All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of TEXAS without giving effect to any choice or conflict of law provision or rule (whether of the State of TEXAS or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of TEXAS, in each case located in the City of Lewisville and County of Denton, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER AND SEVERABILITY

No waiver by the Parties of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Parties to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

ENTIRE AGREEMENT

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Services, including, without limitation, the Websites’ Privacy Policy, and Webstore Terms and Conditions; provided, however, that these Terms shall prevail in the event of a conflict with any such other documents.  Any rights not expressly granted in these Terms are reserved to us and to the Parties.

These Terms constitute the entire agreement between you and us, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Services and all matters relating to your access to, and/or use of, the Services except as expressly provided herein.  A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.

If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect.

CONTACT US

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: Service@ntxboatclean.com.