thesaltydog.com USE AGREEMENT
The material that appears on thesaltydog.com is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services you've read about on thesaltydog.com, you should confirm with the vendor any information (including the price) that is important to your purchasing decision. thesaltydog.com is not responsible for, and does not guarantee the performance of, any such goods or services.
We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to firstname.lastname@example.org along with an explanation of your objection.
All right, title and interest in and to the content displayed on the Web sites, including without limitation the Web sites' look and feel, information, text, graphics, images, sound and video materials, logos, designs, software, trademarks, service marks, trade dress, trade names, the URL, and the compilation, coordination, selection, order and arrangement of any of these elements ("Content"), is the property of, or is used with permission by, thesaltydog.com and is protected by United States and other national and international copyright and trademark laws.
Since thesaltydog.com cannot guarantee the accuracy or completeness of all the Content available on the Web sites. Therefore, your use of or reliance upon information on the Web sites is at your own risk and you are solely responsible for investigating the veracity, accuracy and completeness of such information. The Content on the Web sites is provided as a convenience to you and its presence on the Web sites does not imply in any way that thesaltydog.com endorses such information.
Although Customers retain ownership of the original text including compiled factual summaries, photos and other works they provide to thesaltydog.com ("Customer Materials"), thesaltydog.com owns a license in and to the Customer Materials. In addition, once the Customer Materials are posted on the Web sites, they become part of the Web sites and the Content that is protectable by thesaltydog.com.
If user information is requested during your use of the Web sites, you agree to provide accurate and complete user information to thesaltydog.com.
Bulk Copying, Scraping, Automated Form Submissions, Automated Listing Creations and other Unauthorized Uses
Use of unauthorized applications, programs, protocols, devices or tools on the Web sites can impose an unreasonable load on thesaltydog.com’s infrastructure, slowing or damaging Web sites features and interfering with thesaltydog.com’s and its Customers' business.
Users of the Web sites, including without limitation Customers and their agents, are prohibited from copying, accessing or distributing any Content, including boat listings and Customer Materials, using any program, tool, application, protocol or device to make automated copies of any Content. You agree that neither you nor your agents will use any "robot," "spider," "rover," "scraper" or any other datamining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Web sites, Content or any portion thereof unless expressly authorized in writing by thesaltydog.com. You agree that neither you nor your agents will use any program, tool, application, protocol or device to perform automated entry of data into the Web sites, including without limitation, automation of HTTP SUBMIT into any HTML form on the Web sites, or to copy, scrape or remove Content, data, information or other material from the Web sites for any purpose, whether or not any of the Content, data, information or other material taken is used, redistributed, transmitted, publicly displayed, altered, reformatted or discarded. You agree that neither you nor your agents will use any device, software, protocol, tool, routine or process to damage, disable, impair, interfere with, or attempt to damage, disable, impair, or interfere with, the proper working of the Web sites, Content, or any activities conducted on the Web sites. You agree that neither you nor your agents will take any action that, in thesaltydog.com's sole discretion, overburdens or imposes a disproportionately large load on thesaltydog.com's infrastructure. Any unauthorized use of the Web sites or Content may be subject to prosecution, including, without limitation, termination of any use of the Web sites.
Ownership and Permissions
thesaltydog.com is made available for your personal, non-commercial use only. The materials on this site are the property of thesaltydog.com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on thesaltydog.com should be sent to email@example.com
You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by thesaltydog.com or any of its affiliates. However, without the prior written permission of thesaltydog.com, you may not frame any of the content of thesaltydog.com, nor incorporate into another website or other service any intellectual property of thesaltydog.com or its licensors. Requests for permission to frame our content may be sent to our Customer Service Manager, either by email or at the address above.
You will not use thesaltydog.com to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting material to thesaltydog.com, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner. By submitting material to thesaltydog.com you are permanently granting thesaltydog.com all rights to the material, including the right to modify the material, to use it commercially, and to maintain the material in an archive.
The names, trademarks, service marks, trade names, trade dress, domain names and logos ("Trademarks") displayed on the Web sites are Trademarks of Salty Dog Publications, Inc. or their respective owners. You may not use any of the Trademarks without obtaining the express prior written authorization of thesaltydog.com or the respective owners.
All information, data, text or other materials, including without limitation Customer Materials, posted by the Web sites' visitors or customers anywhere on the Web sites ("Visitor Materials"), including without limitation forums, the Marine Directory, customer web sites, Professional Marine Pages, boat listings, or other interactive areas (collectively, "Interactive Areas"), are the sole responsibility of the person from whom the Visitor Materials originated. thesaltydog.com does not control the Visitor Materials posted in the Interactive Areas and, as such, does not guarantee the accuracy, integrity or quality of such Visitor Materials. Visitor Materials posted in the Interactive Areas are not confidential and thesaltydog.com may use or reproduce such Visitor Materials as it sees fit. thesaltydog.com cannot and will not monitor all of the postings in the Interactive Areas, but reserves the right (with no obligation) to delete, move or edit any postings that come to its attention that are considered by it unacceptable or inappropriate, whether for legal or other reasons.
By posting, uploading or transmitting information or content to the web sites, you warrant and represent that you own or otherwise control all rights in and to such content. thesaltydog.com has no liability or responsibility to web sites' visitors or customers or any other person or entity arising out of any use of or reliance upon materials posted by the web sites' visitors or customers on the web sites, including, without limitation, liability for, any errors, omissions, unavailability, or misrepresentations in any such materials.
Other Restrictions on Use
Every visitor and Customer of the Web sites agree that s/he will not use the Web sites or Content to:
- Violate any local, state, national or international laws, rules or regulations;
- Post, upload or transmit Visitor Materials or Customer Materials that infringe upon or violate third party intellectual property rights, including without limitation trademark, copyright, patent and trade secret rights;
- Post, upload or transmit Content, information or material that infringe the privacy or publicity rights of others;
- Post, upload or transmit Content, information or material that you know or have reason to know to be false or misleading;
- Post, upload or transmit to thesaltydog.com or its affiliates false, incomplete, inaccurate or misleading user information;
- Post, upload or transmit Content, information or material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, tortuous, libelous, defamatory, slanderous, vulgar, invasive of another's privacy, racially, ethnically or otherwise objectionable or embarrassing to a third party,
- Post, upload or transmit Content, information or material which is protected by an agreement of confidentiality or which you do not have a right to post, upload or transmit under law or by contract;
- Post, upload or transmit chain letters, junk mail, pyramid schemes, spam or other forms of advertisements or solicitations;
- Impersonate another person, whether a third party or a thesaltydog.com representative or moderator; or falsely state or otherwise misrepresent the Web sites' visitor's or Customer's affiliation with a person or entity;
- Engage in any conduct that limits any other person from using or enjoying the Web sites or Content;
- Engage in any conduct that, in thesaltydog.com's opinion, violates any law or exposes thesaltydog.com or any of its affiliates, customers or suppliers to any liability or detriment of any type;
- Alter, delete, interfere with or otherwise damage any portion of the Web sites or;
- Benefit a competitor of thesaltydog.com or any of their respective properties or affiliates.
- Engage in, or use in connection with, any commercial enterprise, unless otherwise expressly authorized herein.
- Transmit or otherwise make available any Content that you do not have the right to transmit or otherwise make available under law, contract or fiduciary relationships.
- Transmit any Content that contains any virus, Trojan horse or other computer code, files or programs designed to interrupt, corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Web sites or any servers or networks connected to the Web sites.
- Transmit any Content that contains any worm, trap door or back door that would allow unauthorized access to the Web sites, any thesaltydog.com software, hardware, computing environment or network or could erase data or programming.
Any use of the Web sites or conduct that violates these terms may result in prosecution, including without limitation to the immediate disabling by thesaltydog.com of your access to the Web sites.
Disclaimer of Warranties and Limitation of Liability
If you rely on this website or any information, product or service available through this website, you do so at your own risk. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this site. This website is provided to you "as is." thesaltydog.com and its affiliates, agents and licensors, cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability or fitness for a particular purpose of the information available through this website (or any information, goods or services that are referred to, advertised or promoted on, or sold through this website). Nor do we or they guarantee that the website will be error free, or continuously available, or that the website will be free of viruses or other harmful components.
Under no circumstances will thesaltydog.com or its affiliates, agents or licensors be liable to you or anyone else for any damages other than direct damages, arising out of your use of this website or any product or service linked to from or advertised or promoted on this website, including, without limitation, consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data), even if we are advised beforehand of the possibility of such damages. You agree that the liability of thesaltydog.com and its affiliates, agents and licensors, if any, arising out of any kind of legal claim arising out of or otherwise related to this website will not exceed the amount you paid, if any, for the use of the website out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
Users of the Web sites should not rely upon opinions expressed at the Web sites when making business, financial, personal or any other decisions.
Limitation of Liability
In no event will thesaltydog.com, its officers, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to any party for any direct, indirect, economic, punitive, exemplary, special or consequential damages, loss of goodwill or loss of profits arising out of or in connection with the use of or reliance upon the web sites, or use of or reliance upon any linked web site, including without limitation any liability arising from breach of contract, negligence or any other statutory, contract and/or tort liability, even if thesaltydog.com has been expressly advised of the possibility of such damages. The term "damages" includes, without limitation, attorney fees, any lost profits, business interruption and loss of programs or other data on information processing system. thesaltydog.com expressly disclaims any liability under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or any other area of law, arising out of the use or availability of third-party information or intellectual property, customer materials, visitor materials, or statements or opinions posted on the web sites.
You agree to indemnify, defend and hold harmless thesaltydog.com, its affiliates, subsidiaries, agents, officers, employees, contractors, suppliers, successors and assigns from and against any and all claims, demands and liability, including, without limitation, reasonable attorneys' fees, arising out of: any information posted, uploaded, transmitted or otherwise provided by you to the web sites, thesaltydog.com, and/or its affiliates; any and all claims, liabilities, and obligations claimed by any third party or parties against thesaltydog.com arising out of your use of the Web sites or Content, including, without limitation, arising out of any decisions or transactions made pursuant to the Web sites or Content; and any and all claims, liabilities, or obligations resulting from your or any third party's misrepresentations, negligence, willful misconduct, breach of warranty or non-performance of any of the covenants or obligations under this Agreement or from any misrepresentations or omissions made by you to thesaltydog.com or any third party.
thesaltydog.com is the sole owner of the information collected on this site. thesaltydog.com may collect information at several different points on this Web site. Such information may include: name, address, telephone or email contact information, credit card information, and IP address.
thesaltydog.com agrees to utilize safeguards to protect the users interests when collecting said personal information.
Your confidential use of the Web sites cannot be guaranteed by thesaltydog.com. Sending or posting any information that you consider to be confidential or proprietary through the Web sites may be done at the users own risk. thesaltydog.com is hereby deemed not responsible for any harm that you or any person may cause or incur as a result of a breach of confidentiality with respect to your use of the Web sites. Unless otherwise specified, thesaltydog.com has no obligation to keep as confidential any information or material you send us, with the exception of credit card information. The provision of personal information (such as name and address) by the user, as requested by the registration form is optional, but may be necessary to facilitate the optimal use of this web-forum. By sending thesaltydog.com information or material, you grant thesaltydog.com an unrestricted, perpetual, irrevocable non-exclusive license to use, reproduce, display, perform, modify, create derivative works, transmit and distribute those materials or information, and you also agree that thesaltydog.com is free to use any ideas, concepts, know-how or techniques that you send thesaltydog.com for any purpose.
We may disclose personal information about our Site Visitors when legally required to do so, at the request of governmental authorities, or to verify or enforce compliance with the policies governing the Web site and applicable laws. We may also disclose Site Visitors' personal information where we believe disclosure is necessary to limit our legal liability or to protect the safety or enforce the rights of our Site Visitors.
Please see our contact us for additional information about our collection, use and disclosure of consumers' nonpublic personal information.
** This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of New Jersey. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in New Jersey for all disputes arising out of or relating to this Agreement or use of this website.
BY USING THIS SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS USE AGREEMENT.