Duckworth Boat Works, Inc. Terms of Service
Last Updated: October 28, 2008
Welcome to the Duckworth Boat Works, Inc. website. This Website is owned and operated by Duckworth Boat Works, Inc. and/or it’s parent company, Renaissance Marine Group, Inc. (hereafter referred to simply as “Duckworth”). By using our Website, you are accepting the practices described in these Terms of Service. If you do not agree to these Terms of Service, please do not use the Website and exit immediately. We reserve the right to modify or amend the terms of our Terms of Service from time to time without notice. Your continued use of our Website following the posting of changes to these terms will mean you accept those changes.
2. Copyright and Ownership
All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Duckworth, its licensors and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which such Website is being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational, and noncommerical purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms of Service, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website. The Website, its Content and all related rights shall remain the exclusive property of Duckworth or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Website.
3. Corporate Identification & Trademarks
All trademarks, service marks and trade names of Duckworth and its suppliers and licensors used herein (including without limitation: Duckworth Boat Works, Inc., the Duckworth Boat Works, Inc. corporate logo, and the associated designs and logos) (collectively Marks) are trademarks or registered trademarks of Duckworth or its affiliates, suppliers, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Duckworth’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.
4. Restricted Content & Activities
You agree that you will not use the Website to post or upload any of the following:
Offensive language, such as profanities and expletives; sexually explicit or pornographic material; hate speech; defamatory, abusive, threatening or harassing speech; or racial, religious or personal attacks of any kind;
Material which infringes upon the copyright, trademark, patent, trade secret or other proprietary rights or rights of publicity or privacy of third parties;
Promotion of any activity that may be found illegal at the local, state or federal level (including, but not limited to, laws governing export control, consumer protection, unfair competition, antidiscrimination or false advertising), or any Content that is itself illegal in any way, such as fraudulent advertising or advertising involving the sale of counterfeit or stolen items.
Direct links to or descriptions of goods and services that are prohibited under these Terms of Service;
Commercial Content of any kind, including without limitation graphic and text advertisements, chain letters, spam offers, surveys, contests, or any clear promotion of commercial interests beyond appropriate discussion of Website Content;
Content that is untrue, inaccurate, deliberately misleading, or trade libelous;
Executable programming of any kind, such as viruses, worms, Trojan horses, spyware, time bombs, cancelbots, easter eggs, or any form of malicious or benign computer programming whatsoever;
Encrypted Content or Content that can be demonstrated to contain encoded messages;
Identifiable impersonations of another individual, by false representations in the text, by creating a misleading screen name that misrepresents the poster identity in an identifiable fashion, or by using another individual account to post, with or without that individual knowledge;
Content that creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other partners or suppliers.
You further understand and agree that sending unsolicited email advertisements to any user of the Website or through Voice computer systems is expressly prohibited by these Terms of Service. Any such unauthorized use of our computer systems is a violation of these Terms of Service and applicable anti-spam laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
5. Right to Block Access
Duckworth, at its discretion, may disable a user account and otherwise prevent that user from using our Services. We may also block your access to our Website in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
6. Account Security
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
7. Links to Third Parties
This Website contains hyperlinks to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Duckworth of, or any affiliation with, or endorsement by, the owner of the linked website. Duckworth is not responsible for the contents or use of any linked website, or any consequence of making the link.
For all charges for any products and services sold on the Website, if any, Duckworth will bill your credit card. In the event legal action is necessary to collect on balances due, you agree to reimburse Duckworth for all expenses incurred to recover sums due, including attorneys fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website.
9. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
In the event that you have a dispute with one or more other users of the Website, you release Duckworth (and our officers, directors, agents, subsidiaries, affiliated entities, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
11. No Warranty
Your use of and browsing of this Website are at your own risk. WE, OUR SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEBSITE, EVERYTHING ON THE WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, AFFILITATE ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. DUCKWORTH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
12. Limitation on Liability
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, ANY CONTENT THEREON, OUR SERVICES OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) OR YOUR USE THEREOF, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF DUCKWORTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DUCKWORTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED FIFTY DOLLARS ($50.00).
You agree to defend, indemnify and hold Duckworth and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Website or the Internet or the placement or transmission of any message or information on this Website by you or your authorized users or your violation of any law or the rights of a third party.
14. Force Majeure
Neither Duckworth nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
These Terms of Service shall be governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by Duckworth in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. 9 (Access and Interference), 10 (Release), 12 (Limitation on Liability), and 13 (Indemnity) shall survive any termination or expiration of this Agreement.
17. Entire Agreement
These terms and conditions are the entire agreement between the user and Duckworth and supersede any prior understandings or agreements (written or oral).
18. Copyright Notice
All text, images, animation, videos, music, sounds, website design, graphics, text selections, arrangements, and all software are Copyright © 2008, by Duckworth.