Unreel Marine INC ("Dealership") is the owner of this Website ("SITE"). By accessing or using this SITE, you agree to adhere to and be bound by the terms and conditions in this Agreement. Please read this Agreement carefully before accessing or using this SITE. If you cannot accept this Agreement, you may not access or use this SITE.
In this Agreement, Unreel Marine and all services related to it — including all text, images, photographs, video, user interface, "look and feel," data and other content, and the selection, coordination and arrangement of such content — are included under the term "SITE," and are protected by copyright laws.
Dealership reserves the right to change the Terms and Conditions of this Agreement at any time in its sole discretion, and such modifications shall be effective immediately. Users should visit this page periodically to review the Terms and Conditions, because they legally determine the conditions under which Users are allowed to use the SITE. A User's continued access of this SITE shall be deemed acceptance of the modified Agreement.
A. Ownership. Dealership invests substantial time and expense in the content published on this SITE. Except where noted in Section I.B, all content on this SITE is owned by Dealership or licensed to Dealership, including:
All rights reserved. These rights exist under United States copyright and trademark law independently of this Agreement, and apply to any person or entity that copies this content regardless of whether they have agreed to these Terms.
B. Third-Party Brands. Manufacturer names, logos, and factory-supplied content remain the property of their respective owners and appear on this SITE under Dealership's authorized dealer agreements. Dealership's authorization does not extend to Users. Nothing on this SITE grants any right to use those marks or materials.
C. Permitted Uses. Users may view and browse this SITE for personal, non-commercial purposes; link to any page on this SITE; share pages using standard social media share functions; print insubstantial portions of the SITE in circumstances constituting "fair use" under U.S. copyright law; and quote a short excerpt for news reporting or commentary with clear attribution and a link to the source page.
D. Prohibited Uses. Without Dealership's prior written permission, Users may not:
Factual specifications are not claimed as proprietary. Dealership's original photography, original written descriptions, and the arrangement of its listings are.
E. No Implied License. Nothing on this SITE grants any license or right to use its content. Public accessibility is not permission. The absence of a watermark, credit line, or technical restriction is neither permission nor a waiver of any right held by Dealership.
F. Enforcement. Dealership monitors for unauthorized use of its content and acts on what it finds. Upon identifying infringing use, Dealership may pursue any or all of the following without further notice:
Removing infringing content after receiving notice from Dealership does not extinguish liability for the period during which it was used.
G. Requesting Permission. Vendors, publications, and partners may request permission by emailing info@unreelmarine.com with the subject line "Content Use Request," identifying the specific pages or images involved, where the content will appear, and the intended duration of use. Permission is valid only if granted by Dealership in writing.
H. Reporting Infringement to Dealership. If a User believes content on this SITE infringes their copyright, send written notice to info@unreelmarine.com with the subject line "DMCA Notice," including: identification of the copyrighted work claimed to be infringed; the URL where the allegedly infringing material appears; the sender's name, address, telephone number, and email address; a statement of good faith belief that the use is not authorized by the copyright owner, its agent, or the law; a statement, under penalty of perjury, that the information is accurate and that the sender is the copyright owner or authorized to act on their behalf; and the sender's physical or electronic signature.
Designated Agent: [NAME OR TITLE], Unreel Marine INC, 9747 U.S. Highway 19, Port Richey, FL 34668.
A. Description. Dealership provides through this SITE an online offering where individuals or entities (collectively, "Users") can access information about its business for informational purposes only.
B. License. Users may access this SITE for informational purposes only. Dealership retains the copyrights and all associated rights to the original symbols, concepts, methodologies, and know-how provided through this SITE. This license allows Users to view the SITE only, subject to the ownership and use terms in Section I. Incorporation of any information from the SITE into a document belonging to anyone other than Dealership, use of the information for material gain, or conversion of such data for the use or benefit of the User or a third party is strictly prohibited. All information and code on this SITE is and shall remain the property of Dealership. Users may not sell, assign, or transfer rights to any information.
C. Printed or Electronically Produced Products. Users understand that Dealership retains all rights to information on printed materials when any portion of this SITE is printed by the User.
D. Conduct. Users agree not to transmit, distribute, post, communicate, or store information on, to, or from the SITE that: (i) is copyrighted by Dealership; (ii) reveals trade secrets of Dealership; or (iii) infringes on any intellectual property, privacy, or publicity rights of Dealership.
Users further agree not to: (i) use incomplete, false, or inaccurate information to register as a User; (ii) delete or revise any information of another User or of Dealership; (iii) take any action imposing an unreasonably large load on the SITE's infrastructure; (iv) interfere with the proper working of this SITE; (v) use any software, tool, or device — including spiders, robots, avatars, scrapers, or agents — to navigate, search, or extract from this SITE, other than commercially available web browsers and general-purpose search engine crawlers operating in compliance with this SITE's robots.txt file; (vi) decipher, decompile, disassemble, or reverse engineer any software underlying the SITE; or (vii) delete or modify links or keywords in the metadata of this SITE.
E. Security. Users are prohibited from attempting to violate the security of the SITE, including: (i) accessing data not intended for Users or logging into a server or account they are not authorized to access; (ii) probing, scanning, or testing the vulnerability of the SITE or breaching security or authentication measures; or (iii) interfering with the service of any user, host, or network.
F. Violations. Violations of the security of the SITE may result in civil or criminal liability. Dealership will investigate any violation and will cooperate with law enforcement authorities in prosecuting Users involved in such violations.
G. Operation of SITE. Dealership reserves the right to terminate a User's ability to communicate with or access the SITE at any time. Dealership will take reasonable efforts not to disclose any information Users send via the SITE, but may disclose information to the extent necessary to satisfy any applicable law, regulation, legal process, or governmental request. Dealership may edit, refuse to post, or remove any information or materials from the SITE. VIEWING OR COMMUNICATING THROUGH THE SITE TO DEALERSHIP DOES NOT CREATE A CONTRACTUAL RELATIONSHIP, FIDUCIARY DUTY, OR ANY OTHER OBLIGATION ON THE PART OF DEALERSHIP TO YOU, THE USER.
H. Accessibility of Service. Dealership shall not be responsible for any delays, interruptions, errors, or omissions in the SITE. Although Dealership will use reasonable efforts to keep the SITE accessible, Dealership makes no representation, warranty, or covenant that the SITE will be available at any specific time. Dealership may discontinue or modify the SITE, change or eliminate any transmission method, and change transmission speeds or other signal characteristics. Dealership shall not be responsible for any loss, cost, damage, or liability resulting from such events.
I. Termination of Access. Dealership reserves the right to reject, cancel, or terminate a User's access to the SITE. Users agree that Dealership shall not be liable to Users or any third party for any such rejection, cancellation, or termination.
A. SITE. Dealership shall not be responsible for any use that is or is not made of the SITE. Dealership makes no representations, warranties, or guarantees regarding the truthfulness, accuracy, or reliability of any information communicated to or from the SITE or its third-party links.
B. Downloads. Dealership does not guarantee that data made available on the SITE will be free of infection, viruses, worms, Trojan horses, or other code with contaminating or destructive properties. It is the User's responsibility to implement sufficient safeguards and procedures to ensure that any such data is free from such problems.
A. User Information. For any information or media provided by a User in connection with use of the service (collectively, "User Information"), Dealership has all rights necessary to use the User Information to contact the User or the entity the User represents.
B. License. Upon submission of User Information to the SITE, the User grants Dealership the right to use that information to contact the User for marketing purposes.
C. Intellectual Property. Dealership owns all right, title, and interest in and to all copyright, trademark, service mark, patent, trade secret, and other intellectual property and proprietary rights in and to the SITE, to the fullest extent provided under U.S. and international law. Users shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of Dealership without the written consent of Dealership. No trade or service marks are conveyed under this Agreement.
A. User Identity. When registering, Users will create an identity ("User Identity"), which will include certain information. The information provided may not be treated as confidential.
B. Passwords and Access. Users shall keep confidential their User Identity, registration identification, and passwords. Users shall immediately notify Dealership upon learning of or suspecting (i) any loss or theft of a User Identity, registration identification, or password, or (ii) any unauthorized use of a User's registration identification, password, or the SITE. In such an event, Dealership may impose additional security obligations on the User.
C. Security Breaches. If any unauthorized person obtains access to the SITE as a result of any act or omission by a User, that User shall use best efforts to ascertain the source and manner of acquisition and shall promptly notify Dealership. Users shall cooperate and assist in any investigation relating to such unauthorized access.
D. Inactivity. Dealership will maintain and grant User access for a period of time subject to its discretion.
Dealership will use reasonable efforts to follow its privacy policy, which may be changed from time to time at Dealership's sole discretion. Dealership does not assume any responsibility or liability for any information submitted to the SITE or for the misuse of any User Information submitted by Users or any other person, including any information accessed by a hacker or by any other malicious act.
A. Release from Claims. User releases Dealership from claims, demands, and damages of every kind and nature arising out of or in any way connected with information provided at this SITE.
B. Disclaimer of Warranties. Dealership provides this SITE "AS IS." DEALERSHIP MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING IN ANY WAY TO THE SITE, INCLUDING ANY USER IDENTITY OR CONTENT. DEALERSHIP DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. DEALERSHIP SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, AND (v) WARRANTIES OTHERWISE RELATING TO DATA, INFORMATION, PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY DEALERSHIP OR ANY THIRD PARTY. DEALERSHIP DOES NOT WARRANT THAT THE SITE OR THE TECHNOLOGY OR INTELLECTUAL PROPERTY DESCRIBED IN THE SITE WILL MEET THE NEEDS OR REQUIREMENTS OF ANY USER OR ANY OTHER PERSON OR ENTITY.
C. Limitation of Remedy. NEITHER DEALERSHIP NOR ANY THIRD PARTY SHALL BE LIABLE TO USERS OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES RELATING TO THE SITE OR ANY CONTENT, WHETHER ARISING UNDER THESE TERMS OR ANY APPLICABLE LAW.
D. Exclusion of Consequential Damages. IN NO EVENT SHALL DEALERSHIP OR ANY THIRD PARTY BE LIABLE TO USERS OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES RESULTING FROM INACCURACY OF THE INFORMATION OR FROM INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING UNDER OR IN ANY WAY RELATED TO THE SITE OR ANY OTHER CONTENT, EVEN IF DEALERSHIP OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
E. Website Accessibility. USER ACKNOWLEDGES THAT THE FEDERAL GOVERNMENT HAS NOT ESTABLISHED REGULATIONS SETTING FORTH A LEGAL STANDARD FOR WEBSITE ACCESSIBILITY. USER AGREES THAT THE WEB CONTENT ACCESSIBILITY GUIDELINES (https://www.w3.org/WAI/standards-guidelines/wcag/) SHALL SERVE AS A DE FACTO STANDARD IN THEIR MOST COMMONLY USED VERSION, WHICH USER AGREES MAY NOT BE THE MOST RECENTLY RELEASED VERSION. BY ACCESSING THIS SITE, USER ACCEPTS THAT DEALERSHIP WILL MAKE A GOOD FAITH EFFORT TO CONFORM THIS SITE TO THE MOST COMMONLY USED WCAG VERSION, BUT THAT AT NO TIME WILL THE SITE BE ACCESSIBLE TO ALL PEOPLE AT ALL TIMES REGARDLESS OF THEIR ACCESSIBILITY NEEDS. USER AGREES THAT IN THE EVENT USER BELIEVES (A) THE SITE IS NOT REASONABLY ACCESSIBLE TO USER, OR (B) THE SITE DOES NOT MEET THE STANDARD SET FORTH UNDER THE MOST COMMONLY USED VERSION OF WCAG, USER'S SOLE RECOURSE IS TO NOTIFY DEALERSHIP VIA THE CONTACT PAGE, AFTER WHICH DEALERSHIP SHALL HAVE 10 BUSINESS DAYS FROM THE DATE OF NOTICE TO, AT ITS SOLE DISCRETION, EITHER MEET THE THEN MOST COMMONLY USED VERSION OF WCAG, REMOVE THE INACCESSIBLE MATERIAL FROM THE SITE, OR WORK DIRECTLY WITH THE USER TO PROVIDE THE INFORMATION AND/OR SERVICES BY ANOTHER MEDIUM. USER AGREES TO HOLD HARMLESS DEALERSHIP FROM ANY HARMFUL, INACCESSIBLE, OR UNLAWFUL THIRD PARTY CONTENT.
Users agree to defend, indemnify, and hold harmless Dealership and its subsidiaries, affiliates, officers, agents, partners, and employees from all liabilities or claims of any third party arising out of a User's violation of this Agreement.
The SITE may contain links to third party websites or other services (the "Linked Content"). The Linked Content is not under the control of Dealership, and Dealership is therefore not responsible for it. Dealership provides Linked Content to Users only as a convenience, and its inclusion is not an endorsement by Dealership. If Users decide to access any Linked Content, they do so at their own risk.
Dealership reserves the right to terminate a User's access to all or a portion of the SITE without notice.
Dealership will generally use email to communicate with Users. By using the SITE, Users agree to receive communications from Dealership and its agents via email.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of this Agreement shall be deemed to be the language mutually chosen by the parties, and no rule of strict construction shall be applied against or in favor of either party.
The section headings contained in this Agreement were selected for convenience and shall not affect its meaning or interpretation.
This Agreement shall be governed by the substantive law of the State of Florida, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. Except as provided below, the parties agree that any disputes arising out of or relating to this Agreement shall be submitted to mediation and then to the federal courts having jurisdiction in Pasco County, Florida, or the state courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts. Claims arising under Section I (Ownership and Use of Site Content), and any claim for injunctive relief, are excluded from the mediation requirement and may be brought directly in court.
Users may not assign or otherwise transfer (by operation of law or otherwise) any of their rights or duties hereunder unless Dealership agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. Dealership may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by Dealership of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach or violation of any provision of this Agreement.
Any rights not expressly granted herein are reserved by Dealership.
