 TERMS OF USE This website (the "Site") is provided as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes an unconditional agreement to follow and be bound by these Terms of Use. MASTERCRAFT BOAT COMPANY, INC. EXPRESSLY RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE. YOUR USE OF THE MASTERCRAFT.COM SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS OF USE AS CHANGED. Because of this, MasterCraft Boat Company, Inc. requests that all users review these Terms of Use whenever you use this Site. COPYRIGHTS and TRADEMARKS Unless otherwise noted, all materials, including, without limitation, all images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by MasterCraft Boat Company, Inc. and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of MasterCraft Boat Company, Inc. and is also protected by U.S. and international copyright laws. © 2012 MasterCraft Boat Company, LLC. All Rights Reserved MasterCraft Boat Company, Inc., and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of MasterCraft Boat Company, Inc.'s, or any third party's, intellectual property rights. The MasterCraft name and logos and all related products, names, design marks, and slogans are trademarks or service marks of MasterCraft Boat Company, Inc. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. LINKING References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply MasterCraft Boat Company, Inc.'s endorsement, sponsorship or recommendation of the third party, information, product or service. MasterCraft Boat Company, Inc. is not responsible for the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk. MasterCraft Boat Company, Inc. expressly prohibits any linking to this Site, framing of this Site, or any similar action, for any commercial purpose, without the prior express written approval of MasterCraft Boat Company, Inc. MasterCraft Boat Company, Inc. reserves the right to withdraw any such permission without notice and in its sole discretion. MasterCraft Boat Company, Inc. further reserves the right to institute any preventative or remedial measures necessary to prevent any unauthorized links, frames, or other similar action and by linking, framing, or taking any similar action to this Site, you agree to indemnify and hold MasterCraft Boat Company, Inc. harmless from any and all potential liability or damage of any kind to yourself or any third party. USE OF THIS SITE This Site and all its Contents are intended solely for personal, non-commercial use. 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 Contents, the Site or any related software. All software used on this Site is the property of MasterCraft Boat Company, Inc. or its suppliers and is protected by U.S. and international copyright laws. Any unauthorized usage, including, without limitation, the reproduction, modification, distribution, transmission, republication, display, or performance, of the content of this Site is strictly prohibited. SITE SECURITY Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is 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;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP /IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. MasterCraft Boat Company, Inc. will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from MasterCraft Boat Company, Inc. on this Site or generally and publicly available third party web browsers (e.g. Netscape Navigator, Microsoft Explorer). GENERAL LEGAL INFORMATION This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of MasterCraft Boat Company, Inc. to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit MasterCraft Boat Company, Inc.'s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Tennessee law. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Tennessee. IMPORTANT BOAT SAFETY INFORMATION We recommend that you and other users of your boat take approved boating safety courses and understand the operating features, care, and safety precautions prior to boat use. These courses are available through the Coast Guard, Power Squadron, Coast Guard Auxiliary, and state and local enforcement agencies. Smart boat users know that using their boat responsibly and safely is always more fun. Each boat is sold with an operator's guide and standard equipment. Observe applicable local boating laws and regulations and carefully read and follow all instructions in your owner's manual and on-product warnings. Always carry on board the necessary safety equipment and the appropriate protective clothing, including Coast Guard Approved personal flotation devices, which should always be worn both around and on the water. Always use a ski mirror. Keep a safe distance from others and use common sense. Always boat responsibly and respect the rights of others. Please remember never to drink and drive. This Site features professional boat operators performing under ideal or controlled marine conditions. Do not attempt any of these maneuvers if they are beyond the level of your ability and your understanding and respect of the performance of your boat, for your type of use. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to MasterCraft Boat Company, Inc. on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain MasterCraft Boat Company, Inc.'s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to MasterCraft Boat Company, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, MasterCraft Boat Company, Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. MasterCraft Boat Company, Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. MasterCraft Boat Company, Inc. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, do not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. USE OF YOUR INFORMATION If you provide us with your e-mail address, we will ask you if we can use it to send you updates on the latest MasterCraft products and promotions. If you do not want us to contact you, you can choose to "opt out," and we will respect your wishes. We may use information that you give us to learn more about our customers so that we can develop better products and services. Your information will not be forwarded to other companies and will only be used to inform you about new MasterCraft products, services and offers that may be of interest to you. These offers may be based on information you provided in your initial transaction with us or in surveys. Like many other commercial websites, the MasterCraft website may use a standard technology called a "cookie" to collect information about how you use the Site. For a complete description of MasterCraft boat Company Inc.'s Information Usage Policy INDEMNIFICATION You agree to defend, indemnify and hold MasterCraft Boat Company, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. TERMINATION These terms are effective unless and until terminated by either you or MasterCraft Boat Company, Inc. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. MasterCraft Boat Company, Inc. also may terminate this Agreement at anytime and may do so immediately without notice and accordingly deny you access to the Site. It is MasterCraft Boat Company, Inc.'s sole discretion to do this should you fail to comply with any terms or provision of this Agreement. Upon any termination of the Agreement by either you or MasterCraft Boat Company, Inc., you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. COLORS AND SPECIFICATION INFORMATION We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display will be accurate. Your dealer has the most up-to-date information on colors and standard and optional equipment that are often introduced during the model year, and on numerous style options not represented on the Site. Some pictures on this Site show optional equipment and/or colors. Please note that custom interiors, exteriors and metal-flake gelcoat are available at an additional charge. See your detailer for details. Because of our ongoing commitment to product quality and innovation, we reserve the right to change or discontinue any specifications, construction, designs, features, models or equipment listed or referenced on this Site without notice or obligation. Weights and volumes are estimates, and can vary from boat to boat because of equipment differences. Powerhead horsepower may differ from crankshaft horsepower. All boats conform to U.S. Coast Guard and NMMA safety standards. DISCLAIMER THIS SITE IS PROVIDED BY MASTERCRAFT BOAT COMPANY, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. MASTERCRAFT BOAT COMPANY, INC. MAKES NO REPRESENTATIONSOR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATIONS OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MASTERCRAFT BOAT COMPANY, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MASTERCRAFT BOAT COMPANY, INC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE MASTERCRAFT BOAT COMPANY, INC. SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION ON LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MASTERCRAFT BOAT COMPANY, INC. OR ANY OF ITS 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 THE MASTERCRAFT BOAT COMPANY INC. SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. EVEN IF AN AUTHORIZED REPRESENTATIVE OF MASTERCRAFT BOAT COMPANY, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MASTERCRAFT BOAT COMPANY, INC. 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. |
