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Terms and Conditions
This website is owned and operated by OrangeBoat, LLC (“OrangeBoat”) as of 30 June, 2013. Use of terms such as “we,” “us,” and “our” herein refer to OrangeBoat, LLC, as well as any of its affiliate entities. We reserve the right to update or change the Terms and Conditions of this Site at any time without prior notice. Your use of this website after any change constitutes your acceptance of any changed terms. Please check the Terms and Conditions periodically for changes.
We offer four service packages for purchase on this Website (“Site”). They are:
All service package prices are subject to change without notice. All prices specified herein are exclusive of any costs of any sales, use, value added, excise, gross receipts, business and occupation or similar present or future taxes imposed by any governmental body on the sale, delivery, use or other handling of the service packages or in connection with any transactions contemplated herein. We shall have the right, among other remedies, either to terminate this agreement or to suspend further performance under this and/or other agreements with you in the event that you fail to satisfactorily and effectively make any payment. You shall be liable for all expenses, including attorneys’ fees, relating to the collection of due amounts. Should your financial responsibility become unsatisfactory to us, cash payments or satisfactory security may be required for future purchases. If such cash payment or security is not provided, we may discontinue deliveries.
We may make improvements and/or changes in the secure packages described on this Site at any time.
The entire contents of this Site, including but not limited to text, graphics or code (collectively, “Content”) is protected by the United States and other copyright laws, and is our sole and exclusive property. The collective work may include works that are licensed to us by third party licensors. ALL RIGHTS IN AND TO THE CONTENT ARE RESERVED. No portion of the information contained in this website may be copied, reproduced, distributed, republished, downloaded, displayed, modified, posted or transmitted or otherwise used except as provided herein or with our express written permission.
The contents of this website, and the Site as a whole, are intended solely for personal, noncommercial use. Except as otherwise may be expressly stated elsewhere on this Site, redistribution, retransmission, republication, or commercial exploitation of the contents of this Site are prohibited. You may not make any part of this Site available as part of another web Site whether by hyperlink, framing or otherwise on the internet. This Site and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of the Site or its content. Any other use, including but not limited to the republication, reproduction, distribution, display or transmission of the content of this Site is strictly prohibited. If you breach these terms, all rights and licenses previously granted to you by OrangeBoat, if any, will immediately terminate.
We own all trademarks, service marks and trade names used in the Site, including but not limited to OrangeBoat® , and OrangeBoat, LLC.
The unauthorized use or misuse of Our copyrights, trademarks, or other site materials except as permitted herein is expressly prohibited and may be in violation of copyright, trademark and other laws.
Any product, process or technology described in this Site may be the subject of other intellectual property rights reserved by Us, and are not to be considered licensed to you hereunder.
THIS SITE, THE SERVICE AND SERVICE PACKAGES OFFERED ON IT AND ITS ENTIRE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. ORANGEBOAT (INCLUDING IN ALL CASES THE WEBSITE RELATED PARTIES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE IS COMPATIBLE WITH YOUR COMPUTER EQUIPMENT, THAT THE FUNCTIONS CONTAINED IN THE SITE WILL OPERATE UNINTERRUPTED OR BE ERROR-FREE, THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ERRORS, VIRUSES, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE MAY DISCONTINUE OR MODIFY ALL OR ANY PORTION OF THIS WEBSITE AT ANY TIME, WITH OR WITHOUT NOTICE.
Limitation of Liability
YOU AGREE THAT NONE OF THE “WEBSITE-RELATED-PARTIES” (DEFINED AS US, OUR AFFILIATES, SUCCESSORS, ASSIGNS, VENDORS, AND ALL OF THEIR RESPECTIVE EMPLOYEES, AGENTS AND OWNERS OR OFFICERS) SHALL BE LIABLE FOR ANY CLAIMS, DELAY IN PERFORMANCE, DAMAGES, AWARDS, JUDGMENTS OR LOSSES (TOGETHER, THE “CLAIMS”) RESULTING FROM YOUR USE, INABILITY TO USE OR RELIANCE ON THIS WEBSITE OR THE CONTENT, CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ALL OTHER LEGAL THEORIES, AND ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE LIABILITY LIMITS MAY NOT BE EFFECTIVE IN SOME STATES. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. NO REFUNDS WILL BE MADE FOR PURCHASES MADE VIA THE SITE.
IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE PRICE YOU PAID FOR THE SPECIFIC SERVICE PACKAGE(S) YOU PURCHASED AND WHICH GIVES RISE TO THE CLAIM OR CAUSE OF ACTION. Consequential and incidental damages shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use or revenue, cost of capital or loss or damage to property or equipment.
The material on this Site could contain technical inaccuracies or typographical errors. Information may be changed, updated and deleted without notice, for which we are not liable.
Your use of this Site shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to any conflict or choice of legal provisions. You agree that the jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site, including but not limited to the purchase of any service package, shall be in the state or federal courts located in Hennepin County, Minnesota. Any cause of action or claim you may have with respect to the Site, including but not limited to the purchase of any service package, must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. We may assign our rights and duties under this Agreement to any party at any time without notice to you. You agree that if you believe you have any claim against us, you shall pursue such claim in your individual capacity only, and not as part of any class or collective action. All terms and conditions which by their nature are intended to survive expiration or termination of this agreement for any reason will survive.
Use of Site
Harassment in any manner or form on the Site, including via e-mail, chat, or otherwise; or which uses obscene, profane, inappropriate, hateful, defamatory, disparaging false or misleading, unlawful, embarrassing or abusive language, depictions, characterizations or representations is strictly forbidden. You may not upload to, distribute, or otherwise publish through the Site content which impersonates others or is libelous, threatening, invasive of privacy or publicity rights which constitutes or encourages a criminal offense, violates the rights of any party, or which may otherwise be objectionable or give rise to liability to Us or others. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or activities or other organization.
You agree to indemnify, defend, and hold the Website Related Parties harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your breach or violation of any of your warranties or these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person who accesses the Site using your Internet account.
Notice; Contact Us
We may deliver any notices to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to us.
You may contact us at: OrangeBoat LLC, 18439 Pathfinder Drive, Eden Prairie MN55347, USA. firstname.lastname@example.org