Hylebos Marina Inc. (hereafter called “Hylebos Marina”)
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. These terms and conditions of use may be changed in the future without further notice. Further, these terms and conditions apply exclusively to your access to, and use of, this web site and do not alter in any way the terms or conditions of any other agreement you may have with Hylebos Marina for products, services or otherwise.
CONSENT TO TRANSFER, PROCESS AND COLLECT PERSONAL DATA
Use of this web site may result in personal data about you being transferred to, processed or collected by Hylebos Marina or otherwise being transferred to countries lacking adequate privacy protection. Such transfers may include personal data you directly provide, such as your name, or personal data automatically collected or processed, such as your return email address, as part of the operation of this web site, during the course of your activities on or use of this web site. Where transfer, processing or collection of personal data results from your use of this web site, Hylebos Marina does NOT warrant or represent that you will have the ability to control or prevent the collection, processing, use or further transfer of such information. By using this web site, you expressly consent to any transfer, processing, collection or use of any personal data. You understand and agree that, with respect to personal data, you may not be able to access such information in the future; be able to correct inaccuracies, if any; erase or cause removal of such information; block collection or transfer of such information; or object to any use of such information. If you do not agree and consent to any transfer, processing, collection or use of such information, please discontinue your access to or use of this web site. Unless otherwise expressly provided on this web site, Hylebos Marina makes no representation regarding the transfer, processing, collection or use of any personal data. In no event shall Hylebos Marina be liable to you or others for any damages resulting from any transfer, processing, collection or use of personal data resulting from your use of this web site.
All web site design, text, graphics, the selection and arrangement thereof, are owned and operated by Hylebos Marina, Copyright © 2010, Hylebos Marina. ALL RIGHTS RESERVED. Copyright in this document is owned by Hylebos Marina. Any use of materials on this web site--including reproduction for purposes of modification, distribution, or republication-- without the prior written permission of Hylebos Marina is strictly prohibited.
The Hylebos Marina logo is a collective service mark of Hylebos Marina and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Hylebos Marina. All other trademarks or registered trademarks are the property of their respective owners.
EXCEPT AS OTHERWISE PROVIDED BELOW, THE MATERIALS IN THIS SITE ARE PROVIDED BY HYLEBOS MARINA ON AN "AS IS" BASIS AND WITHOUT WARRANTIES AND CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HYLEBOS MARINA DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING FOR EXAMPLE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, HYLEBOS MARINA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ACCESSIBLE VIA THIS SITE WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, ERROR-FREE, RELIABLE OR CURRENT, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HYLEBOS MARINA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HYLEBOS MARINA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTNESS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INFORMATION ON THIS WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE MATERIALS HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS SITE. HYLEBOS MARINA MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS SITE AT ANY TIME, INCLUDING WITH RESPECT TO PRODUCT AVAILABILITY.
HYLEBOS MARINA TAKES NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH THIS SITE OR FOR THE SITES OF OTHERS THAT LINK TO THIS SITE.
REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF BY HYLEBOS MARINA.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Hylebos Marina be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Hylebos Marina or an Hylebos Marina authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Hylebos Marina 's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information ("Materials"), provided by you in the form of email or submissions to Hylebos Marina or postings on this web site, are non- confidential and shall become the sole property of Hylebos Marina. Hylebos Marina shall own exclusive rights and shall be entitled to the unrestricted use of these Materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Hylebos Marina shall not be liable for any use or disclosure such Materials.
You are granted a limited, non-exclusive right to create a hypertext link to this web site found at www.esmcivil.com provided such link does not portray Hylebos Marina or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Hylebos Marina trademark, service mark, logo or other proprietary information, including the images found at this web site, the content of any text or the layout/design of any page or form contained on a page without Hylebos Marina's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, service mark, copyright, or proprietary right of Hylebos Marina or any third party.
Hylebos Marina makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this web site, or web sites linking to this web site.
This site is controlled and operated by Hylebos Marina from within the State of Washington, United States of America. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within such state, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in a court of competent jurisdiction located in Pierce County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Hylebos Marina site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. Notwithstanding any of these terms and conditions, Hylebos Marina reserves the right, without notice and in its sole discretion, to terminate your license to use this web site, and to block or prevent future access to and use of this web site. Upon termination, you must destroy all materials obtained from this site and any and all other Hylebos Marina site(s) and all copies thereof, whether made under the terms of this agreement or otherwise. Termination of this agreement shall have no effect on any other agreement between you and Hylebos Marina.
This is the entire agreement between the parties relating to the subject matter herein and shall not be modified.