This web site (the “Site”) is provided as a service to
our customers. Please note that your use of this Site constitutes your
unconditional agreement to follow and be bound by these Terms of Use.
We reserve the right to modify these Terms of Use at any time without
prior notice.
All materials, including but not limited to images, illustrations,
text, data and data base, pricing information, format, layouts, designs,
icons, programs, source code (including HTML and JavaScriptT), media
downloads, and written and other materials that are part of this Site
(collectively the “Content”) are provided solely for the personal, non-commercial
use of our customers. Accessing this Site for anything other than personal,
non-commercial use is strictly prohibited. Downloading or accessing any
of the Content on this Site does not entitle you to any right or interest
in the Content. You may not reproduce, publish, transmit, distribute,
display, modify, create derivative works from, sell or participate in
any sale of or exploit in any way, in whole or in part, any of the Content,
the Site or any related software.
You are prohibited from violating or attempting to violate
the security of the Site, including, without limitation, (a) accessing
data not intended for your use or logging onto a server or an account
which you are not authorized to access; (b) attempting to probe, scan
or test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization; (c) attempting
to interfere with service to any user, host or network, including without
limitation, via means of submitting a virus to the Site, overloading,
“flooding,” “spamming,” “mailbombing” or “crashing;” or (d) sending unsolicited
email, including promotions and/or advertising of products or services.
Violations of system or network security may result in civil or criminal
liability.
You agree not to use any device, technique, software,
system or routine to interfere or attempt to interfere with, or to otherwise
circumvent the proper working of this Site or any activity being conducted
on this Site. You agree, further, not to use or attempt to use any engine,
device, technique, software, tool, agent or other device or mechanism
(including without limitation browsers, spiders, robots, scrapers, avatars
or intelligent agents) to navigate, access or search this Site, other
than generally available third party web browsers such as Microsoft Internet
Explorer™, Netscape Navigator™, Safari™ and Mozilla Firefox™. Additionally,
you agree that you will not take any action that imposes or may impose
(in our sole discretion) an unreasonable or disproportionately large
load on our infrastructure, or bypass other measures we may use to prevent
or restrict access.
Unless otherwise noted, all Contents are copyrights, trademarks,
trade dress and/or other intellectual property owned, controlled or licensed
by us, our affiliates or by third parties who have licensed their materials
to us and are protected by U.S. and international copyright laws. We
and our suppliers and licensors expressly reserve all intellectual property
rights in all Content, products, processes, technology
and other materials which appear on this Site.
You agree to defend, indemnify and hold harmless us and
our affiliates from and against any and all claims, damages, costs and
expenses, including attorneys’ fees, arising from or related to your
use of the Site.
THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE”
BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS INCLUDED ON THIS SITE . TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON
THIS SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE
THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL
WE OR ANY OF OUR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS,
VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY
NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO
USE THIS SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,
LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF CONTENTS OR
RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN
CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING
THE DATE ON WHICH THE CLAIM AROSE.
These Terms of Use represent the complete agreement between
you and us and supersedes all prior Terms of Use agreements and representations
between you and us. Our failure to act with respect to a breach of these
Terms of Use by you or others does not constitute a waiver and shall
not limit our rights with respect to such breach or any subsequent breaches.
Consider switching from a kayak to
a NuCanoe!