| Attention:
Please Read These Terms, Conditions And Legal Restrictions Carefully Before Using
This Web Site. By accessing, viewing, using, or downloading materials from
the Site, you agree to be legally bound by these Terms of Use (the "Agreement")
and all other terms, conditions and notices contained or referenced in the Site.
This Site is owned and operated by Textron Marine & Land Systems (the "Company".)
Definitions
"Company"
means Textron Marine & Land Systems
"Site" means this web site.
See the Legal Entity Disclaimer below for additional terms and definitions.
1. Binding Agreement
Use of this Site is available only to those users
who are in compliance and agreement with these terms and conditions of use as
well as the other terms and conditions referenced elsewhere on this Site. Please
note that by accessing, viewing, using, or downloading materials from the Site,
you agree to be legally bound by all of the terms, conditions and notices contained
or referenced herein.
2. License and Site Access
Subject to these terms and conditions and
all applicable laws and regulations, the Company grants you a non-exclusive, non-transferable,
personal, limited license to download, access, view, use and display this Site
and the text, graphics, content, information, audio, video and other services
(the "Materials"), which the Company makes available to you from time
to time on the terms and conditions set forth in this Agreement. This authorization
is not a transfer of title to the Site or the Materials contained herein, and
any downloading, modification, reproduction, copying or redistribution for commercial
purposes of any information or Materials or design elements of the Site is strictly
prohibited without the prior written consent of the Company. Requests for permission
to reproduce any information contained on this Site should be addressed to the
Company at inquiry@systems.textron.com.
Notwithstanding the above, the Company authorizes you to make one (1) electronic
or paper copy of the information posted on any page of the Site, provided that
the copy is used solely for non-commercial, personal purposes, and further provided
that any such copy remains protected by all copyright, trademarks, Site marks,
and other proprietary notices and legends contained on the Site.
This license does not include the right to modify this Site, or any portion of
it, except with the express written consent of the Company. Any resale or commercial
use of this Site or its contents; any collection and use of any product or service
listings, descriptions, or prices; any derivative use of this Site or its contents;
any downloading or copying of account information for the benefit of another merchant;
or any use of data mining, robots, or similar data gathering and extraction rules
is prohibited.
You agree
to all additional restrictions displayed on the Site as it may be updated from
time to time. You agree to use this Site for lawful purposes only, and shall not
post or transmit any information or material which in any way infringes or violates
the rights of others or which is unlawful, defamatory, threatening, invasive of
privacy or publicity, obscene, harassing or otherwise objectionable.
The Company reserves the right, at its sole discretion, to pursue all of its legal
remedies, including but not limited to prosecution of users in violation of these
terms and conditions.
3. Ownership
You have no ownership rights in the Site or in the Materials.
Rather, you have a license to download, access, view, use and display this Site
and the Materials as long as this Agreement remains in full force and effect.
Unless otherwise noted, ownership of the Site and the Materials and all intellectual
property rights therein shall remain at all times with the Company or their respective
owners.
4. Your Account
and Registered Users
You may be required to register in order to access
the Site or certain portions of the Site. If the Site or certain portions of the
site require you to register, you must complete the registration process by providing
the Company with current, complete and accurate information about yourself as
prompted by the applicable registration form.
If you are required to register in order to access the Site or certain portions
of the Site, you may be provided with, or you may choose, a password and a user
name. If you are a registered user of this Site, you are responsible for maintaining
the confidentiality of your account and password. If you use this Site, you are
responsible for restricting access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password. You agree to notify
the Company immediately of any unauthorized use of your account or any other breach
of security. The Company reserves the right to refuse service, terminate accounts,
or remove or edit content in its sole discretion.
5. Security
In addition to the issuance of a password for registered
users, the Company maintains numerous security standards and procedures to help
prevent unauthorized access to any confidential information about you which may
be collected by us or submitted by you. You may learn more about the Company's
security procedures and the Company's privacy practices by viewing our privacy
policy.
6. Legal Entity
Disclaimer
The terms and descriptions contained in this site are not
intended to alter or otherwise affect the independent legal entity status of Textron
Marine & Land Systems, Cadillac Gage Textron Inc., HR Textron Inc., the Textron
Marine & Land Systems Division of Textron Inc. or Lycoming Engines Division
of Avco Corporation. Textron Marine & Land Systems is a wholly owned subsidiary
of Avco Corporation. Avco Corporation is a wholly owned subsidiary of Textron
Inc. Cadillac Gage Textron Inc. and HR Textron Inc. are wholly owned subsidiaries
of Textron Inc. Textron Marine & Land Systems is an unincorporated division
of Textron Inc.
7.
General Disclaimer and Indemnity
YOU EXPRESSLY AGREE THAT YOUR USE OF
THIS SITE IS AT YOUR SOLE RISK. THE SITE, MATERIALS, CONTENT, RELATED COMMUNICATIONS
AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED "AS IS" WITHOUT
ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS
FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE
UNDER CERTAIN CIRCUMSTANCES. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS
OF THE MATERIALS OR CONTENT DISPLAYED OR DISTRIBUTED ON THIS SITE, INCLUDING BUT
NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER
INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE
USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, CONTENT, ADVICE, STATEMENT,
ADVERTISEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY OF THE MATERIALS.
THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY
DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF
THE SITE (INCLUDING ANY BULLETIN BOARD OR CHAT ROOM) OR YOUR DOWNLOADING OF ANY
MATERIALS FROM THE SITE.
THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL
ERRORS. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY
ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE COMPANY MAY MAKE ANY OTHER
CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES
(IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES
AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY
OTHER PARTY INVOLVED IN PROVIDING THE SITE, FROM AND AGAINST ANY AND ALL CLAIMS,
SUITS, DAMAGES, COSTS, OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES)
THAT ARISE DIRECTLY OR INDIRECTLY FROM USE OF THE SITE OR THE MATERIAL, BREACH
OF THESE TERMS OF USE AND/OR YOUR SUBMISSIONS TO THE SITE.
8. Links to Affiliate or Third-Party Sites
The Company may provide
on this Site, solely as a convenience to its users, links to web sites operated
by our affiliates or other entities. If you use these sites, you will leave this
Site. If you decide to visit any linked site, you do so at your own risk and it
is your responsibility to take all protective measures to guard against viruses
or other destructive elements. The Company does not make any warranty or representation
regarding, or endorse or otherwise sponsor, any linked web sites or the information
appearing thereon or any of the products or services described thereon. Links
do not imply that the Company is affiliated or associated with the linked site,
or is legally authorized to use any trademark, trade name, logo or copyright symbol
displayed in or accessible through the links; or that any linked site is affiliated
or associated with the Company or is authorized to use any trademark, trade name,
logo or copyright symbol of the Company.
9. Third-Party Content
Any information, statements, opinions, services
or other information provided by third parties and made available on this Site
are those of the respective author(s) and not the Company. Such information and
the like may be updated from time to time directly by the respective authors.
The disclaimer set forth above applies regardless of the updating party.
10. Deep Linking and Framing
You are prohibited from reproducing or
"framing" pages or content provided by the Company or its affiliates.
Subject to the provisions of paragraph 10, you may link to internal pages within
this Site, provided that you do not copy or frame the content found there.
In no case does the Company approve any links which, by their appearance, content,
position or otherwise, create the false impression that the Company sponsors,
endorses or is associated with the entity operating any third-party site ("the
External Site") or the products or services offered by the External Site
operator. In no case does the Company approve any links which the Company believes
damages or impairs the goodwill associated with the name, logos, trademarks, service
marks, copyrights or tradenames of the Company or any of its affiliates. The Company
reserves the right to revoke its approval to link or change terms or conditions
of its approval to link at any time in its sole discretion.
11. Children
Because of the nature of the Company's business, and its
products and services, this Site is not intended for use by minors and the Company
does not knowingly attempt to solicit or receive any information from children.
These terms and conditions of use require that use of this Site, or any registration
that might be required to access this Site or portions of this Site, or to purchase
or license products or services, may only be made by those over the age of 18
and that any products or services purchased or licensed may only be done by those
over the age of 18. By using this Site, you are representing that you are an adult
(at least 18 years of age) or have the permission of a parent or legal guardian
to use the Site.
12.
Unsolicited Information Provided by You
The Company does not want you
to, and you should not, send any confidential or proprietary information to the
Company through this Site unless specifically requested by the Company. Please
note that any unsolicited information or material sent to the Company will be
deemed not to be confidential or proprietary. By submitting information and material
to this Site, you grant to the Company (or warrant that the owner of such information
and material has expressly granted to the Company) a royalty-free, perpetual,
irrevocable, unrestricted, right and license to use, reproduce, display, perform,
modify, adapt, publish, translate, transmit and distribute or otherwise make available
to others such information and material (in whole or in part and for any purpose)
worldwide and/or to incorporate it in other works in any form, media, or technology
now known or hereafter developed. You also agree that the Company is free to use
any ideas, concepts, know-how or techniques that you send to either of them for
any purpose.
The Company
does not want to receive, and you are deemed to agree through the use of this
Site not to provide, any information or materials to the Company that are defamatory,
threatening, obscene, harassing, in violation of any law, governmental requirements
or otherwise unlawful, or that incorporate the proprietary information or materials
of another person or entity. If you provide any such information, it is agreed
that you are solely responsible and liable for any damages or other harm resulting
from such submission.
You shall not upload, post or otherwise make available on this Site any information
and material protected by copyright, trademark or other proprietary right without
the express written permission of the owner of such right(s). You shall be solely
liable for any damages resulting from any infringement of copyright, proprietary
rights, or any other harm resulting from such a submission.
13. Notice of Copyright Infringement
We respect the intellectual property
of others, and we ask our users to do the same. To the extent that you have provided
any work and if you believe that your work has been copied and is accessible on
this Site in a way that constitutes copyright infringement, please provide the
Copyright Agent (as identified below) with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b)
identification of the allegedly infringing material on the Site that is requested
to be removed; (c) your name,
address and daytime telephone number, and an e-mail address if available, so that
the Company may contact you if necessary; (d)
a statement that you have a good faith belief that use of the copyrighted work
is not authorized by the copyright owner, its agent or the law; (e)
a statement that the information in the notification is accurate and, under penalty
of perjury, that the signatory is authorized to act on behalf of the owner of
an exclusive copyright right that is allegedly infringed; and (f)
an electronic or physical signature of the copyright owner or someone authorized
on the owner's behalf to assert infringement of copyright and to submit the statement.
The Copyright Agent for Notice of claims of copyright infringement on the Site
can be reached at inquiry@systems.textron.com.
If the Company is notified of any claims of copyright infringement on the Site,
it may investigate the allegation and determine in good faith and at its sole
discretion whether to remove or request the removal of the work or material. The
Company has no liability or responsibility to users for performance or nonperformance
of such activities.
14.
Limitation of Liability
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK.
IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES
CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO REQUEST THE REMOVAL OF YOUR CONTENT FROM THE SITE AND/OR
TO DISCONTINUE ACCESSING AND USING THE SITE.
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS SUPPLIERS OR OTHER THIRD PARTIES
MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS
INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR
THE RESULTS OF USE OF THIS SITE OR THE MATERIALS, ANY WEB SITES LINKED TO THIS
SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED
TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION;
LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION
OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON
WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS
OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
15. Purchase or License of Products or Services
If the purchase or
licensing of products or services is available on this Site and you seek to make
a purchase or establish a license through this Site, the obligations and responsibilities
of the Company regarding its products and services, if any, are governed solely
by the terms and conditions of sale or license under which such products and services
are sold or licensed. Copies of such terms and conditions are available directly
from the Company.
16.
Changes
All content contained herein is subject to change without notice,
but the Company has no responsibility to update any information on this Site.
The Company reserves the right to change or modify the terms and conditions applicable
to the use of this Site at any time. Such changes, modifications, additions, or
deletions to the terms and conditions of use shall be effective immediately upon
notice thereof, which may be given by any means including, but not limited to,
posting new terms and conditions on the Site. Any use of the Site after such change
or modification shall be deemed to constitute acceptance by you of such changes,
modifications, additions, or deletions. Because they will be binding on you, you
should revisit these terms from time to time. The Company may terminate, change,
suspend or discontinue any aspect of the Site, including the availability of any
features of the Site, at any time. The Company may also impose limits on certain
features and services or restrict your access to parts of the Site without notice
or liability.
17. Termination
This Agreement and the licenses granted herein will terminate automatically and
without notice if you fail to comply with any term or condition of this Agreement;
provided, however, that all provisions relating to disclaimers, limitation of
liability, copyright, trademarks and other proprietary rights of the Company shall
survive the termination of this Agreement.
18. International Users and Export Restrictions
This Site is administered
by the Company from its offices (within the United States of America.) The Company
does not make any representation that all products, services or programs, if any,
are available in your country or that materials published at this Site are appropriate
or legally available for use at locations outside of the United States. Access
to such materials from territories where their contents are illegal is prohibited.
You may not use the Site or transfer, download or use any information or materials
in violation of U. S. laws and regulations, including those relating to export
controls. This Agreement is expressly made subject to any laws, regulations, orders,
or other restrictions on the export from the United States of the Materials or
information about the Materials that may be imposed from time to time by the government
of the United States. You shall not export Materials or information about the
Materials without the consent of the Company and compliance with such laws, regulations,
orders or other restrictions. If you access the Site from a location outside of
the United States, you are responsible for compliance with all local laws. By
your use of this Site, you represent and warrant to the Company that you are in
compliance with all laws applicable to your use of this Site.
19. Choice of Law and Forum
These terms and conditions of use and
any dispute between you and the Company arising out of or related to this Agreement
or your use of this Site (the "Disputes") shall be construed, interpreted
and governed by the laws of the State of Delaware, U.S.A., without giving effect
to its conflict of laws provisions. The state and federal courts located in Delaware
shall have primary and exclusive jurisdiction and be the exclusive venue for the
Disputes and you consent to the personal and exclusive jurisdiction and venue
of these courts in connection with the Disputes. You must commence any claim or
cause of action that you may have with respect to the Disputes by filing only
in these courts within one (1) year after the claim or cause of action arises.
The Company may file any claim or cause of action which it has within the time
limits established for such claim by the laws of Delaware.
20. Entire Agreement
These terms and conditions shall constitute the
entire agreement between the Company and you and supersedes any previous oral,
written or electronic communications or documents with respect to the subject
matter herein. If any part of this Agreement is found invalid or unenforceable
by a court of competent jurisdiction, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of the parties, and the
remainder of this Agreement shall continue in full force and effect.
21. Copyright
This Site, including all information and Materials contained
in it, are copyrighted and protected by worldwide copyright, trademark and other
laws and treaty provisions. You agree to comply with all copyright, trademark
and other laws worldwide in your use of this Site and to prevent any copying,
reproduction, modification, distribution, displaying, performing or transmission
in violation thereof or of these terms and conditions. Except as expressly provided
in these terms and conditions, the Company does not grant any express or implied
license or third party right to you under any patents, trademarks, copyrights
or trade secret information of the Company or of any third party.
22. Copyright Notice
All Web Site design, text, graphics and the selection
and arrangement thereof, are the property of the Company.
23. Trademark and Site Mark Rights
All rights in the product names,
company names, trademarks, trade names, Site marks, logos, product packaging and
designs of the Company or third party products or web sites ("Company Marks"),
whether or not appearing in large print or with the trademark symbol, belong exclusively
to the Company or their respective owners and are protected under national and
international trademark and copyright laws. Users are not permitted to use the
Company Marks without the prior express written consent of the owner of such mark.
24. Transfer Restrictions
You shall not sublicense, transfer or assign
this Agreement or any of the rights or licenses granted under this Agreement.
Any attempted transfer in violation of the foregoing is void.
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