Welcome to Sodus Marina and our website at www.sodusmarina.com. This agreement applies as between you, the User of our website and Great Lakes Marine Works LLC of 7408 New York Highway 14, Sodus Point, New York 14555, United States (“Sodus Marina”, “we”, “us”, or “our”), the operator(s) of this website.
1.1. Your agreement to comply with and be bound by these Terms and Conditions (“Terms”) is deemed to occur upon your first use of the website. If you do not agree to be bound by these Terms, you should stop using our website immediately.
1.3. We reserve the right to change these Terms at any time.
1.4. By accessing, browsing and/or using our website after updates to these Terms have been posted, you agree to be bound by the updated terms.
1.5. Your failure to comply with the Terms may result in the suspension or termination of your access to our website and may subject you to civil and criminal penalties.
2. GENERAL CONDITIONS
2.1. We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
2.2. The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with our website for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they apply to our website.
3. LICENSE TO USE WEBSITE
3.1. We may provide you with certain information because of your use of the website. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the website or Services (“Our Materials”).
3.2. Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of our website. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the website or Services or at the termination of this Agreement.
4. USER CONTENT
4.1. The website permits you to share and submit content etc. but you are solely responsible for the content provided by you.
4.2. When sharing and submitting content to the website, please do not share and submit content that:
4.2.1. contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial, or religious nature.
4.2.2. is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains exaggeration or unsubstantiated claims.
4.2.3. violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
4.2.4. discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
4.3. We operate a safe space for people to engage, learn, share, and network. Any submitted content that includes, but is not limited to the foregoing, will be refused.
4.4. Further, we have a zero-tolerance policy with regards to the abuse of other service users or staff. Personal or targeted insults, threats, obscene, objectionable or aggressive content or comments directed at other service users or at staff will not be tolerated. Users who persist in engaging in this way may be excluded from our services.
5. INTELLECTUAL PROPERTY
5.1. You agree that the website and all Services provided by us are the property of Sodus Marina, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
5.2. To make our website available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the website. We claim no further proprietary rights in your Content.
6. ASSUMPTION OF RISK
6.1. Our website is provided for informational purposes only. You acknowledge and agree that any information posted on our website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us.
6.2. We do not assume responsibility or liability for any advice or other information given on the website.
7. REVERSE ENGINEERING AND SECURITY
7.1. You agree not to undertake any of the following actions:
7.1.1. Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the website or Services.
7.1.2. Violate the security of the website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
You agree to defend and indemnify us and hold us harmless against any legal claims and demands, including reasonable legal fees, which may arise from or relate to your use or misuse of the website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.
9. EXCLUSION OF LIABILITY
9.1. You understand and agree that we (i) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (ii) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
9.2. Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using our website including loss of data or information or any kind of financial or physical loss or damage.
9.3. In no event shall Sodus Marina, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use our website; (ii) any conduct or content of any third party on our website; (iii) any content obtained from our website; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
10. SERVICE INTERRUPTIONS
We may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused because of such downtime.
11. TERM, TERMINATION AND SUSPENSION
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
12. NO WARRANTIES
You agree that your use of our website is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the website or Services will meet your needs or that the website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the website or obtained through our website. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the website or Services is your sole responsibility and that we are not liable for any such damage or loss.
13. GENERAL PROVISIONS
13.1. This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights, and liabilities of www.sodusmarina.com will bind and inure to any assignees, administrators, successors, and executors.
13.2. This Agreement constitutes the entire understanding between the Parties concerning any use of our website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of our website.
13.3. If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible.In such a condition, the remainder of this Agreement shall continue in full force.
13.4. If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
13.5. Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
13.6. No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
13.7. We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances.
13.8. The terms herein will be governed by and construed by the laws of the State of New York without giving effect to any principles of conflicts of law. The courts of Wayne County, New York, shall have exclusive jurisdiction over any dispute arising from the use of the website.