Terms and Conditions
Last Updated: September 29, 2021
Terms and Conditions
THIS AGREEMENT DOES NOT APPLY TO ANY PRODUCTS THAT MAY BE SOLD OR DISTRIBUTED THROUGH THE WEBSITE, INCLUDING ANY WARRANTIES THAT MAY BE OFFERED IN CONNECTION WITH THE USE THEREOF. IF YOU HAVE ANY QUESTIONS REGARDING RETURNS OR EXCHANGES OF ANY PRODUCT SOLD OR DISTRIBUTED THROUGH THE WEBSITE, PLEASE SEE THE RETURNS SECTION ABOVE.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE WEBSITE, WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF WISCONSIN, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
Subject to the terms of this Agreement, we grant you a non-exclusive, non-transferable, limited right to access and use this Website and the information and content available on the Website (the “Materials” and together with the Website, the “DiTEC Marine Properties”).
The rights granted to you in this Agreement are subject to the following restrictions:
- (a) you may not remove, alter, destroy or obscure any copyright and other proprietary notices contained on or in the DiTEC Marine Properties;
- (b) you may not modify the DiTEC Marine Properties in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
- (c) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the DiTEC Marine Properties or any portion of the DiTEC Marine Properties, including the Website;
- (d) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other DiTEC Marine Properties (including images, text, page layout or form) of DiTEC Marine;
- (e) you shall not use any metatags or other “hidden text” using DiTEC Marine’s name or trademarks;
- (f) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the DiTEC Marine Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law;
- (g) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
- (h) you shall not access the DiTEC Marine Properties in order to build a similar or competitive website, application or service; and
- (i) except as expressly stated herein, no part of the DiTEC Marine Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;.
Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. In addition, as a condition of your use of this Website, you represent and warrant to us that you will not use this Website for any purpose that is unlawful, immoral, or prohibited by applicable law or by this Agreement. Other than this Agreement and agreements between you and DiTEC Marine relating to the sale of products or services to you through this Website, DiTEC Marine will not enter into any agreement with you or obligation to you through this Website and no attempt to create such an agreement or obligation will be effective. Use of this Website is unauthorized in any jurisdiction where all or any portion of this Website may violate any legal requirements and you agree not to access this Website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk.
- To the Website. We may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time. We also may impose limits on certain features and services or restrict your access to all or any part of the Website without notice or liability.
- To this Agreement. PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY DiTEC MARINE IN ITS SOLE DISCRETION AT ANY TIME. When changes to this Agreement are made, DiTEC Marine will make a new copy of the Agreement available at the Website. DiTEC Marine will also update the “Last Updated” date at the top of this Agreement. Any changes to this Agreement will be effective immediately for new users of the Website and will be effective thirty (30) days after posting notice of such changes on the Website for existing users. DiTEC Marine may require you to provide consent to the updated Agreement in a manner specified before further use of the Website is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THIS AGREEMENT WHENEVER YOU USE THIS WEBSITE.
In order to access certain features of the Website, you may be required by register for an account on the Website (an “Account”). In registering an Account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the DiTEC Marine Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the DiTEC Marine Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify DiTEC Marine immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or DiTEC Marine has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DiTEC Marine has the right to suspend or terminate your Account and refuse any and all current or future use of DiTEC Marine Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. DiTEC Marine reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the DiTEC Marine Properties if you have been previously removed by DiTEC Marine, or if you have been previously banned from any of DiTEC Marine Properties.
You agree that DiTEC Marine and its suppliers own all rights, title and interest in the DiTEC Marine Properties. The DiTEC Marine names and logos and all other product and service names, design marks and slogans used in connection with the DiTEC Marine Properties are the trademarks or service marks of DiTEC Marine. All other marks are the property of their respective companies.
Description of Products
Descriptions, images, references, features, content, specifications, products, prices, and availability of any products listed for purchase or distribution are subject to change without notice, and our current prices can be found on the Website. While we will make reasonable efforts to fulfill all orders, we cannot guarantee the availability of any particular product listed for purchase or distribution on this Website. We reserve the right to discontinue the sale of any product for purchase or distribution on the Website at any time without notice. We use reasonable efforts to display, as accurately as possible, the colors of the products shown on our Website. However, because the colors you see will depend, in large part, on your monitor and computer, we cannot and do not guarantee that your monitor's display of any color will be accurate.
DiTEC Marine welcomes and encourages your comments and feedback regarding our Website or our products. We do not want you to, and you should not, send any confidential or proprietary information to us via the Website. You agree that any comments, feedback, ideas, suggestions, or the like regarding the DiTEC Marine Properties, you submit to DiTEC Marine (collectively, "Feedback"), will not be considered confidential or proprietary. You further understand and agree that we shall have no obligation of any kind with respect to such Feedback and that you are and shall remain solely responsible for the content of any such Feedback. By providing DiTEC Marine any Feedback, you hereby grant to DiTEC Marine an unrestricted, irrevocable, sublicensable, transferable, worldwide, royalty-free license to use, reproduce, publicly display, disclose, publicly perform, create derivative works of, transmit and distribute such Feedback for any purpose. We shall not be under any obligation to maintain any Feedback in confidence; to pay to you any compensation for any Feedback; or to respond to your Feedback. You further recognize that we do not want you to, and you warrant that you shall not, provide any information or materials to us that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
The following disclaimers and limitations do NOT affect our Returns & Exchanges Policy available above. If you have any issues with any product purchased on the Website, you may be able to return it in accordance with our Returns & Exchanges Policy.
THIS WEBSITE, INCLUDING THE INFORMATION THEREIN, IS PROVIDED BY DiTEC MARINE ON AN "AS IS" AND "AS AVAILABLE" BASIS. DiTEC MARINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, INCLUDING THE INFORMATION AVAILABLE THEREIN. THE DiTEC MARINE PROPERTIES MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE DiTEC MARINE PROPERTIES OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE AND WE MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE. THIS WEBSITE, DiTEC MARINE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE APPLICABLE ITEM.
Limitation of Liability
The following limitation of liability does NOT affect our Returns & Exchanges Policy available above. If you have any issues with any product purchased on the Website, you may be able to return it in accordance with our Returns & Exchanges Policy.
IN NO EVENT SHALL DiTEC MARINE OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, OR FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, BUSINESS OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, OR THE INFORMATION AVAILABLE THEREIN, THE DELAY OR INABILITY TO USE THIS WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL DiTEC MARINE BE LIABLE TO YOU FOR AN AMOUNT EQUAL TO THE GREATER OF (I) THE AMOUNTS PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE, OR (II) FIFTY DOLLARS USD ($50). NOTWITHSTANDING THE FOREGOING, DiTEC MARINE DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY DiTEC MARINE’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY DiTEC MARINE’S FRAUD OR FRAUDULENT MISREPRESENTATION. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.THE FOLLOWING PROVISION IS VOID WITH RESPECT TO RESIDENTS IN THE STATE OF NEW JERSEY: CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree that you will not, under any circumstances attempt to gain access to DiTEC Marine Properties, accounts registered to others, or to computers, servers or networks connected to the DiTEC Marine Properties by any means other than the user interface provided by DiTEC Marine, including, but not limited to, by circumventing or modifying, attempt to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the DiTEC Marine Properties; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" sending unsolicited email, including promotions and/or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
This Website is controlled, operated, and administered by DiTEC Marine from its offices within the United States of America. We make no representation that Materials at this Website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials and/or products in violation of U.S. export laws and regulations. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws. Information, products, and Materials published on the World Wide Web may contain references or cross references to our products, programs and services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs, or services in your country.
You agree to defend, indemnify, and hold DiTEC Marine and its parent and affiliates, and its and their respective directors, employees, agents, successors, and assigns (the “DiTEC Marine Parties”) harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Website. This provision does not require you to indemnify any of the DiTEC Marine Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Website.
Termination of Use
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of this Website.
The communications between you and DiTEC Marine use electronic means, whether you visit DiTEC Marine Properties or send Company e-mails, or whether Company posts notices on the DiTEC Marine Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from DiTEC Marine in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DiTEC Marine provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
We realize that customers are concerned about how the information they provide online will be used. We are committed to protecting your privacy and will use the information we collect about you to process your order and provide a more personalized shopping experience.