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Terms
and Conditions for Bowmansunion.com and Sailhead.com.
We
maintain this web site as a service to our customers. By using
our site, you are agreeing to comply with and be bound by
the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should
not review information or obtain goods or products from this
site.
1.
Acceptance of Agreement. You agree to the terms and conditions
outlined in this Terms of Use Agreement (“Agreement”)
with respect to our site (the “Site”). This Agreement
constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site,
and the subject matter of this Agreement. This Agreement may
be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to using
the Site.
2.
Copyright. The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part
of the Site, except as allowed by Section 4, is strictly prohibited.
You do not acquire ownership rights to any content, document
or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a
waiver of any right in such information and materials.
3.
Trademarks. Extreme Sailing and others are either trademarks
or registered trademarks of Milosz Mogilnicki. Other product
and company names mentioned on the Site may be trademarks
of their respective owners.
4.
Limited Right to Use. The viewing, printing or downloading
of any content, graphic, form or document from the Site grants
you only a limited, nonexclusive 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 use. No part of any content, 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 (but not for resale or redistribution).
5.
Editing, Deleting and Modification. We reserve the right in
our sole discretion to edit or delete any documents, information
or other content appearing on the Site.
6.
Indemnification. You agree to indemnify, defend and hold us
and our partners, attorneys, staff and affiliates (collectively,
“Affiliated Parties”) harmless from any liability,
loss, claim and expense, including reasonable attorney’s
fees, related to your violation of this Agreement or use of
the Site.
7.
Nontransferable. Your right to use the Site is not transferable.
Any password or right given to you to obtain information or
documents is not transferable. 8. Disclaimer and Limits. THE
INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,”
“AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE
INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR
DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT
MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM
LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO
THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
9.
Use of Information. We reserve the right, and you authorize
us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any
manner consistent with our Privacy Policy.
10.
Third-Party Services. We allow access to or advertise third-party
merchant sites (“Merchants”) from which you may
purchase certain goods or services. You understand that we
do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of
order processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into between
you and Merchants. You agree that use of such Merchants is
AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY
US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
11.
Third-Party Merchant Policies. All rules, policies (including
privacy policies) and operating procedures of Merchants will
apply to you while on such sites. We are not responsible for
information provided by you to Merchants. We and the Merchants
are independent contractors and neither party has authority
to make any representations or commitments on behalf of the
other.
12.
Privacy Policy. Our Privacy Policy, as it may change from
time to time, is a part of this Agreement.
13.
Payments. You represent and warrant that if you are purchasing
something from us or from Merchants that
(i) any credit information you supply is true and complete,
(ii) charges incurred by you will be honored by your credit
card company, and
(iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
14.
Securities Laws. This Site may include statements concerning
our operations, prospects, strategies, financial condition,
future economic performance and demand for our products or
services, as well as our intentions, plans and objectives,
that are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are
subject to significant uncertainties, many of which are beyond
our control. When used on our Site, words like “anticipates,”
“expects,” “believes,” “estimates,”
“seeks,” “plans,” “intends”
and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None of the information
contained herein is intended to be, and shall not be deemed
to be, incorporated into any of our securities-related filings
or documents.
15.
Links to other Web Sites. The Site contains links to other
Web sites. We are not responsible for the content, accuracy
or opinions express in such Web sites, and such Web sites
are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our
Site does not imply approval or endorsement of the linked
Web site by us. If you decide to leave our Site and access
these third-party sites, you do so at your own risk.
16.
Copyrights and Copryright Agents. We respect the intellectual
property of others, and we ask you to do the same. If you
believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent
the following information:
(a) An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has
been infringed;
(c) A description of where the material that you claim is
infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the copyright
owner’s behalf.
17.
Refund Policy. If a product or service purchased by you proves
to be defective or not to your reasonable satisfaction, you
can return the product or cancel the service within 10 days
of receipt or start of service. You do not need to give us
any reason for cancellation nor will you need to pay any penalty.
Cancellation will not be permitted after the expiry of the
10 day period
18.
Information and Press Releases. The Site contains information
and press releases about us. While this information was believed
to be accurate as of the date prepared, we disclaim any duty
or obligation to update this information or any press releases.
Information about companies other than ours contained in the
press release or otherwise, should not be relied upon as being
provided or endorsed by us.
19.
Miscellaneous. This agreement should be governed by and interpreted
in accordance with American Law and the State of Illinois
Courts shall have jurisdiction to resolve any disputes between
us. The enforceability or otherwise of any provisions in this
agreement shall not affect the enforceability of the rest
of this agreement
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