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Terms of Use or Terms of Service for sailingadvantage.com

Welcome to sailingadvantage.com (the “SITE”), an online source of information relating to sailing and especially electric outboard motors for small sailboats. The Site is owned and operated by Dennis J. Denbo of Riverside, California, USA, herein referred to as "us". The owner can be contacted via email as shown in the “About Us” and "Contact Us" pages.

SUMMARY:
This TOS document describes the legal relationship and responsibilities between you (the "User") and the SITE ("us" or "sailingadvantage.com"), consisting of all web pages within the domain sailingadvantage.com including all sub-pages. By using this site, you agree to these terms, herein referred to as either Terms of Use, Terms of Service, or TOS. When you visit this site, you agree to hold us harmless for any information that you may believe to be wrong or in error. You agree that you are responsible to determine the value, applicability, and purpose of the information and product data found within this site or through links to related sites.

These pages with Terms of Use, or Terms of Service ("TOS") and our contact information pages are accessible through links from the home page and may change from time to time without notice and without any obligation. Your feedback and suggestions are greatly appreciated.

1. ACCEPTANCE OF TERMS:
sailingadvantage.com provides its service (the “Service”) to you, subject to these Terms of Use, also known as Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: Terms of Use (this page). By accessing or using the Site, you (the "User") signify that you have read, understand and agree to be bound by these TOS, whether or not you are a registered member of sailingadvantage.com. Your continued use of the Service or the Site implies your acceptance of the most recent TOS. If you do not agree to abide by these or any future TOS, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these TOS and to review such changes.

2. DESCRIPTION OF SERVICE:
The Service is web-based and allows Users to access information, subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that you use this Site at your own risk. The SITE and its owners assume no responsibility for the timeliness, applicability or accuracy of the information provided. Nor are we responsible for the malfunction of the internet connection or the computer you are using.

3. FEES:
At this time the information on the sailingadvantage.com SITE is provided to site visitors and users for free and without financial consideration of any kind. However, the SITE and its owners reserve the right to decide to charge a fee for Services and/or to change its fees from time to time at its discretion and without advanced notification.

4. REGISTRATION:
Currently, registration is not required to access the sailingadvantage.com SITE.

5. LINKING TO THIS SITE:
Note to other webmasters, companies and individuals: You may freely link to any of our pages in the sailingadvantage.com domain as long as you do not modify the content or coding of the page and do not specifically charge users to access that page. Otherwise, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or its Service, use of the Service, or access to the Service without the express written permission of sailingadvantage.com and its owners. Unless an exception is agreed to and documented in writing, all of these TOS apply to your use of our site pages that you link to.

6. CONTENT:
All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the company or person from whom such Content originated. sailingadvantage.com is entirely not responsible for any Content that is provided by anyone other than the sailingadvantage.com website owners. sailingadvantage.com does not control the Content posted via 3rd party advertisers and, as such, does not guarantee the accuracy, applicability, integrity or quality of such Content.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will sailingadvantage.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site and its Service.

You acknowledge that sailingadvantage.com does not monitor the Content, but that sailingadvantage.com shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service that violates the TOS or is otherwise objectionable in sailingadvantage.com's sole discretion.

If a personal Profile is made available to site users, then sailingadvantage.com does not claim ownership of the Content you place on your Profile. By submitting Content to sailingadvantage.com for inclusion on your Profile, you grant sailingadvantage.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Profile on sailingadvantage.com. This license exists only for as long as you continue to be a sailingadvantage.com user and shall be terminated at the time your Profile is terminated. However, you acknowledge that some Contents (like comments, posts or messages) not included directly in your Profile, could remain after the termination of your Profile.

You acknowledge and agree that sailingadvantage.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of sailingadvantage.com, its users and the public.

7. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEB SITES:
The Site may contain third-party owned content and links to other websites (“Linked Sites”). sailingadvantage.com does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of sailingadvantage.com, and sailingadvantage.com is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. sailingadvantage.com may provide third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by sailingadvantage.com in favor of any third party. You further acknowledge and agree that sailingadvantage.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. sailingadvantage.com respects the intellectual property of others, and we ask our Users to do the same. sailingadvantage.com has no responsibility for content on other web sites that you may find or access when using the Service. Material available on or through other web sites may be protected by copyright and the intellectual property laws of any country. The terms of use of those web sites, and not the TOS of sailingadvantage.com, govern your use of that material.

8. ADVERTISERS:
Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the SITE, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that sailingadvantage.com, the SITE, shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the SITE. You understand and agree that the SITE may include links or advertisements and that these links and advertisements are necessary for the SITE to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the SITE, you agree that sailingadvantage.com has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. As an example, you should know that sailingadvantage.com website domain is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. The web domain sailingadvantage.com may or may not establish affiliate relationships with other similar associates programs.

9. TERMINATION:
You agree that sailingadvantage.com shall not be held liable or responsible to you or to any third-party for any damages, perceived or actual, resulting from data changes, modifications, or for any restriction or termination of your access to the Service.

10. RESALE OF SERVICE:
Note to other webmasters, companies and individuals: You may freely link to any of our pages in the sailingadvantage.com domain as long as you do not modify the content or coding of the page and do not specifically charge users to access that page. Otherwise, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or its Service, use of the Service, or access to the Service without the express written permission of sailingadvantage.com and its owners. Unless an exception is agreed to and documented in writing, all of these TOS apply to your use of our site pages that you link to.

11. INDEMNITY:
You agree to indemnify and hold sailingadvantage.com, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not.

12. GENERAL PRACTICES REGARDING USE AND STORAGE:
You acknowledge that sailingadvantage.com may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time without notice to you. You agree that sailingadvantage.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that sailingadvantage.com reserves the right to delete accounts that are inactive for a period of more than 6 months. sailingadvantage.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that sailingadvantage.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. sailingadvantage.com SITE PROPRIETARY RIGHTS:
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by sailingadvantage.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Additionally, you understand that you may have to agree to additional terms and conditions before you use such Software or third party Content. sailingadvantage.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by sailingadvantage.com for use in accessing the Service.

14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
sailingadvantage.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. sailingadvantage.com is not responsible for any damage, direct or indirect loss of data, or other harm to business arising out of delays, miss-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the Service, or other interaction with the Service. sailingadvantage.com is not responsible for any material downloaded or otherwise obtained through the use of the Service, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You expressly understand and agree that sailingadvantage.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if sailingadvantage.com has been advised of the possibility of such damages), resulting from any matter relating to the Service. In the event that you have a dispute with another user related to, arising from, or any way connected with use of the Site, you release sailingadvantage.com from claims, demands and damages of every kind and nature arising out of or in any way connected with such dispute. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, sailingadvantage.com’s liability in such jurisdictions shall be limited always to the extent permitted by law.

15. GENERAL INFORMATION:
Regarding applicable laws, legislation and jurisdiction: This TOS and the relationship between you and the SITE, sailingadvantage.com and all of its sub-pages, will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. You and sailingadvantage.com, the SITE, agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California, USA. Waiver and Severability of Terms: The failure of the SITE, sailingadvantage.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability: You agree that your sailingadvantage.com account is non-transferable and any rights to your sailingadvantage.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

16. VISITORS' POSTED COMMENTS:
The COMMENTS section of our site is a Facebook social plug-in and is governed by the privacy policy and terms as described on the Facebook site under Facebook Terms and Policies and elsewhere on the Facebook site. Any information that you choose to post in the COMMENTS section are subject to those terms. Furthermore, by posting comments on any of the sailingadvantage.com domain pages with or without the Facebook COMMENTS social plug-in, you agree that such comments may be visible to anyone known or unknown to you or to the administrators of sailingadvantage.com. The owners and administrators of the domain sailingadvantage.com assume no responsibility to protect the privacy of any comments posted on this domain.

17. CONTACT:
Please contact us with any suggestions or questions you might have or to report any violations of the TOS agreement for this site domain. Contact information is in the site information documentation called About Us or Contact Us

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Page updated: 20 SEP 2018