Please read the following terms and conditions of use (the “Terms and Conditions”) which govern your use of the website located at towndock.com (referred to herein as the “Website”) and your relationship with NGC, Inc. d/b/a The Town Dock, and all individuals and companies associated with this website (collectively referred to as “The Town Dock” or “We”).
If you do not agree to these Terms and Conditions, do not use the Website. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Website. By using the Website following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. Use of the Website constitutes your acceptance of the Terms and Conditions.
Disclaimers and Limitations of Warranties; Limitation of Liability
By using the Website, including any software and content contained therein, you agree that use of the Website is entirely at your own risk. The Website is provided to you as convenience to provide general information about the services available from The Town Dock, but we do not guarantee the accuracy, or completeness of the information.
The Website is provided “as is,” without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, or uninterrupted access. Specifically, The Town Dock disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, usefulness, or content of information or services; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action.
Neither The Town Dock nor any of its employees, agents, successors, assigns, affiliates, or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of the Website or inability to gain access to or use the Website or out of any breach of any warranty.
In the event that any of the foregoing limitations and disclaimers are ineffective as a matter of law, you agree that The Town Dock’s maximum liability to you for all claims arising from your use of the Website and its contents is limited to $100.00.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of The Town Dock, its employees, agents, successors, assigns, affiliates, and content or service providers respective liability is limited to the greatest extent permitted by such state law.
The Town Dock, or one of its customers, clients or affiliates, is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website, unless otherwise indicated. The Town Dock does not grant to you a license to any content, features or materials you may access on the Website. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print a copy of the information on the Website solely for your personal use or records. If you make other use of the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Website.
We reserve the right to change any information on the Website, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within the Website may provide you with access to other websites for which we assume no responsibility of any kind for the content, availability or otherwise. (See “Links & Third-Party Content” below.) The content of the Website may vary depending upon your browser functionality and limitations. For example, you may access various The Town Dock client websites by means of the Website.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, and appropriate data communications equipment.
In consideration of your use of the Website, you agree that you are at least eighteen (18) years of age and you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the registration form (if you complete it, which is optional), and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Website.
You acknowledge and agree that we may deny you access to all or part of the Website without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of The Town Dock, or is otherwise inappropriate for continued access.
While using the Website, you may not:
1. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Website which is protected by copyright, or other proprietary or intellectual property right, or create derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
2. upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, as the Website is copyrighted as a collective work under U.S. copyright laws; or
3. upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or
4. upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
5. restrict or inhibit any other user from using and enjoying the Website; or
6. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Website) or engage in spamming or flooding; or
7. impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
8. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.
We have no obligation to monitor the Website. You acknowledge and agree, however, that we do retain the right to monitor the Website and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its subscribers.
We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
Submissions To The Town Dock
All information submitted to the Website shall be deemed and remain the property of The Town Dock, and we shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information any user provides to the Website. We shall not be subject to any obligations of confidentiality regarding submitted information.
Links & Third-Party Content
You acknowledge and agree that The Town Dock and any of its business affiliates or customers have no responsibility for the accuracy or availability of information provided by linked websites. Links to external websites do not constitute an endorsement by The Town Dock or its business affiliates or customers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not 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 such external sites or resources.
You agree to defend, indemnify and hold The Town Dock and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or users of your account or related to any violation of these Terms and Conditions.
The Terms and Conditions and the relationship between you and The Town Dock shall be governed by the laws of the State of Rhode Island, without regard to its conflict of law provisions. You and The Town Dock each agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Rhode Island.
The failure of The Town Dock to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Fishing Vessel Fleet
The Town Dock does not directly own and operate any fishing vessels listed on the Website.
DMCA Take-Down Procedure
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who have a good faith belief that material appearing on the Internet infringes their rights under U.S. copyright law. The The Town Dock, however, is not providing or hosting any of the material found on the Website; rather, third parties are providing and hosting all material found on the Website. If you have a good faith belief that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please review the DMCA Take-Down Procedures established by the Third Party Content provider that hosts such material (such as YouTube (http://www.youtube.com/t/terms) or LinkedIn http://www.linkedin.com/static?key=user_agreement&trk=hb_ft_userag)). The Third Party Content providers may be able to address your concerns, including the removal of your material from the Website. The Town Dock suggests that you consult your legal advisor before filing a notice with the copyright agent. You should note that there can be penalties for false claims under the DMCA.