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. Piney Creek Boat Builders 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.
Piney Creek Boat Builders 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.
Piney Creek Boat Builders’ trademarks, logos, and subsidiary
names appearing in this Site, except as otherwise noted, are trademarks
owned or used under license by Piney Creek Boat Builders 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 Piney Creek Boat Builders trademark
without Piney Creek Boat Builders’ prior written permission.
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 Piney Creek Boat Builders' written permission.
You may not use meta tags or any other type of hidden text utilizing
Piney Creek Boat Builders' or any of its affiliates names or trademarks
on a Web site without Piney Creek Boat Builders' 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 Piney Creek Boat Builders,
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.
Piney Creek Boat Builders 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.
Piney Creek Boat Builders reserves the right to modify, add or delete any documents,
information, graphics or other content appearing on the Site at
any time without notice.
You agree not to interrupt or attempt to interrupt the operation
of any site in any way.
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.
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.
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.
While Piney Creek Boat Builders makes all reasonable efforts to ensure that all
material on this site is correct, accuracy cannot be guaranteed
and Piney Creek Boat Builders 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 Piney Creek Boat Builders
THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED HEREIN.
Piney Creek Boat Builders 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.
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 Sites
infrastructure.
In the performance and solicitation of transactions facilitated
by the Site, you must comply with all applicable laws and regulations.
While we welcome your comments and feedback regarding our Site,
our products and our services, we do not want to receive and do
not accept confidential or proprietary ideas, suggestions, materials
or other information. Accordingly, please note that (except for
personally identifiable information provided by the visitor) all
comments, feedback, postcards, ideas, suggestions, materials,
information, and other submissions disclosed, submitted or offered
to Piney Creek Boat Builders on or by this Site or otherwise (collectively,
Comments) shall be and remain Piney Creek Boat Builders' property.
You represent and warrant to us and to all others that may access
the site that you own, or possess sufficient rights in, all such
information and all such parties may regard such information as
public and, in any case, not your proprietary information. Any
such disclosure, submission or offer of any Comments shall constitute
an assignment to Piney Creek Boat Builders of all worldwide rights,
titles and interests in all copyrights and other intellectual
properties in the Comments. Thus, Piney Creek Boat Builders will
own exclusively all such rights, titles and interests in, and
shall not be limited in any way in its use, commercial or otherwise,
of any Comments. Piney Creek Boat Builders shall be under no obligation
(1) to maintain any Comments in confidence; (2) to pay to Site
visitors any compensation for any Comments; or (3) to respond
to any Site visitor Comments.
Although Piney Creek Boat Builders may from time to time monitor or review discussion,
chats, postings, transmissions, bulletin boards, and the like
on the Site, Piney Creek Boat Builders is under no obligation to do so and assumes
no responsibility or liability arising from the content of any
such locations nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger,
or inaccuracy contained in any information within such locations
on the Site. You are prohibited from posting or transmitting any
unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material or any material
that could constitute or encourage conduct that would be considered
a criminal offense, give rise to civil liability, or otherwise
violate any law. Piney Creek Boat Builders will fully cooperate with any law enforcement
authorities or court order requesting or directing Piney Creek Boat Builders to
disclose the identity of anyone posting any such information or
materials.
We reserve the right, at our sole discretion and without any notice,
to change, modify, add, or remove any portion of these terms and
conditions at any time. Changes in these terms and conditions
will be effective when the revised terms and conditions are posted.
Your use or continued use of any site after any changes to these
terms and conditions are posted will be considered acceptance
of those changes. READ THESE TERMS AND CONDITIONS AND THE RELATED
PRIVACY INFORMATION EVERY TIME YOU ACCESS ANY SITE TO MAKE SURE
THAT YOU CONTINUE TO AGREE TO THEIR TERMS.
We may terminate, change, suspend, or discontinue any aspect of
any site, including the availability of any features of any site,
at any time. We may also impose limits on certain features and
services or restrict your access to parts or a site or one or
more entire sites without notice or liability. We may terminate
the authorization, rights, and license given above and, upon such
termination, you will immediately destroy all materials that you
obtained from or through the site and that are in your possession
or control.
The site is controlled, operated and administered by us or our
agents from offices within the United States of America utilizing
servers located in the United States of America. We make no representation
that materials at this site are appropriate or available for transmission
to or from, or use in, locations outside of the jurisdiction(s)
stated above and accessing any site from any jurisdiction where
such sites contents are illegal is prohibited. You may not use
the site or export the materials in violation of import or export
laws and regulations. If you access a site from a location outside
of the United States, you are responsible for compliance with
all local laws.
These Terms and Conditions shall be construed, interpreted and
performed exclusively according to the laws of the State of Tennessee,
United States of America, without regard to the conflict of laws
provisions of any state. Any legal action with respect to any
transaction must be commenced within one (1) year after the cause
of action has arisen. You expressly submit to the exclusive jurisdiction
of any Federal or state courts sitting in Tennessee in any action
or proceeding arising out of or relating to these Terms of Use
or this Site, and you hereby consent to extra-territorial service
of process. Should any part of these Terms of Use be held invalid
or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full
force and effect. These Terms of Use constitute the only terms
between us and you and supercede any and all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the Site, the content, goods and/or services provided
by or through the Site, and the subject matter of these Terms
of Use. To the extent that anything in or associated with the
Site is in conflict or inconsistent with these Terms of Use, the
Terms of Use shall take precedence. Our failure to enforce any
provision of these Terms of Use shall not be deemed a waiver of
such provision nor of the right to enforce such provision. The
provisions of the Uniform Commercial Code as adopted by the State
of Tennessee shall apply to this Site, and the United Nations Convention
on Contracts for the International Sale of Goods is hereby disclaimed.
If, for any reason, a court of competent jurisdiction finds any
provision of these terms of use or any privacy policy, or portion
thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of
these terms of use and the privacy policy, and the remainder of
these terms of use and the privacy policy shall continue in full
force and effect.
