GASPARILLA MARINE SALES INC (“INGMAN MARINE”) 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, INGMAN MARINE, all services related to it, including all text, images, photographs, user interface, “look and feel,” data and other content (including the selection, coordination and arrangement of such content) are included under the term “Site”, and protected by copyright laws.
INGMAN MARINE reserves the right to change the Terms and Conditions of the 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 they are allowed to use the SITE. A User’s continued access of this SITE shall be deemed acceptance of the modified agreement.
I. SERVICES AND INFORMATION GENERALLY.
A. Description. INGMAN MARINE provides through this SITE an online offering where individuals or entities (collectively, “Users”) can access information about its business for information purposes only.
B. License. Users may only access this SITE for information purposes. INGMAN MARINE retains the copyrights and all associated rights to the original symbols, concepts, methodologies and “know how” provided through this SITE. The license allows Users to view the Site only. Incorporation of any information from the SITE into a document belonging to anyone other than INGMAN MARINE, use of the information for material gain, or conversion of such data for the use or benefit of the User or third party is strictly prohibited. All information and code on this SITE is and shall remain the property of INGMAN MARINE. Under this license, Users cannot sell, assign, or transfer rights any information.
C. Permitted Uses. Users may access and view the SITE only according to this Agreement and any posted policies and procedures that appear on the SITE. Any use of the SITE is at a Users own risk and responsibility. Users may display the SITE on an internet access device, and (ii) occasionally, and only in circumstances that constitute “fair use” under U.S. copyright law, print copies of insubstantial portions of the SITE. Users may not place or display the contents of the SITE within the User’s frame or a frame of a third party. Specifically, Users may not frame, or use any framing techniques to enclose any portion of the SITE without the written consent of INGMAN MARINE. Users agree not to modify the SITE, or any portion of it, except by the express written consent of INGMAN MARINE. Users may not use Meta tags or any other “hidden text” that utilize the INGMAN MARINE trademark or company name without the written consent of INGMAN MARINE.
D. Prohibited Uses. Users may not broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create derivative works from the SITE. Users must comply with all applicable laws in connection with using the SITE. Further limitations may be set forth in any written or on-screen notice from INGMAN MARINE.
E. Printed or Electronically Produced Products. Users understand that INGMAN MARINE shall retain the right to all information on printed materials when any portion of this SITE is printed by the User.
1. Users agree not to transmit, distribute, post, communicate or store information on, to, or from the SITE that:
(i) is copyrighted by INGMAN MARINE;
(ii) reveals trade secrets of INGMAN MARINE.
(iii) infringes on any intellectual property, privacy, or publicity rights of INGMAN MARINE;
2. Users further agree not to:
(i) use any incomplete, false, or inaccurate information for purposes of registering as a User;
(ii) delete or revise any information of another User or of INGMAN MARINE;
(iii) take any action that imposes an unreasonably large load on the SITE’s infrastructure;
(iv) attempt to interfere with the proper working of this SITE;
(v) attempt to use any software, tool, or other device (including browsers, spiders, robots, avatars, agents, or the like) to navigate or search this SITE other than with the search engines that may be available from INGMAN MARINE and other commercially available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); or
(vi) attempt to decipher, decompile, disassemble, or reverse engineer any of the software underlying the SITE.
(vii)attempt to delete or modify links or keywords in the meta-data of this SITE.
3. 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 that Users are not authorized to access;
(ii) attempting to probe, scan, or test the vulnerability of the SITE or to breach security or authentication measures;
(iii) attempting to interfere with the service of any user, host or network, include
F. Violations. Violations of security of the SITE will result in civil or criminal liability. INGMAN MARINE will investigate any violation and will cooperate with law enforcement authorities in prosecuting Users involved in such violations.
G. Operation of SITE. INGMAN MARINE reserves the right to terminate Users ability to communicate with, or access the SITE at any time. INGMAN MARINE will take reasonable efforts not to disclose any information Users send INGMAN MARINE via the SITE. INGMAN MARINE may disclose any information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request. INGMAN MARINE may edit, refuse to post, or to remove any information or materials from the SITE or Server provided by the User. VIEWING OR COMMUNICATING THROUGH THE SITE TO INGMAN MARINE DOES NOT CREATE A CONTRACTUAL RELATIONSHIP, ATTORNEY CLIENT RELATIONSHIP, FIDUCIARY DUTY OR ANY OTHER OBLIGATION ON THE PART OF INGMAN MARINE TO YOU, THE USER.
H. Accessibility. INGMAN MARINE shall not be responsible for any delays or interruptions of, errors, or omissions contained in the SITE. Although INGMAN MARINE will use reasonable efforts to make the SITE and log in accessible, INGMAN MARINE makes no representation, warranty or covenant that the SITE will be available at any specific time since various circumstances may prevent or delay availability. INGMAN MARINE may discontinue or modify the SITE, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. INGMAN MARINE shall not be responsible for any loss, cost, damage or liability that may result in such events.
I. Termination of Access. INGMAN MARINE reserves the right to reject, cancel, or terminate Users access to the INGMAN MARINE SITE. Users agree that INGMAN MARINE shall not be liable to Users or any third party for any rejection, cancellation, or termination of such access.
II. RESPONSIBILITY FOR CONTENT
A. SITE. INGMAN MARINE shall not be responsible for any use that is or is not made of the SITE. INGMAN MARINE makes no representations, warranties or guarantees regarding the truthfulness, accuracy, or reliability of any information that is communicated to and from the SITE or its third-party links.
B. Downloads. INGMAN MARINE does not guarantee that data made available on the SITE will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. It is User’s responsibility for implementing sufficient safeguards and procedures to ensure that any such data is free from such problems.
III. RIGHTS TO USE.
A. User Information. For any information or media provided by User in connection with use of the Service (collectively, the “User Information”), INGMAN MARINE 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, User grants INGMAN MARINE a right to use the information of User to contact User for marketing purposes.
1. Intellectual Property. INGMAN MARINE owns all right, title and interest in and to all copyright, trademarks, service mark, patent, trade secret or 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 remove, conceal or alter any copyright notice, information, disclaimer, restriction, or other notice on the SITE. Users shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of INGMAN MARINE without the written consent of INGMAN MARINE.
2. Trademarks. User acknowledges that no trade or service marks are being conveyed under this Agreement.
3. Third Party Rights. If Users believe any content appearing on the SITE infringes another party’s rights, please notify us of this infringement.
IV. REGISTRATION, PASSWORD, USER IDENTITY.
A. User Identity. When registering, Users will create an identity (“User Identity”). The User Identity will include certain information, including the industry in which Users operate. The information provided may not be treated as confidential.
B. Passwords and Access. Users shall keep confidential the User Identity, registration identification, and password(s). Users shall immediately notify INGMAN MARINE if Users learn of or suspect: (i) any loss or theft of a User Identity, registration identification or password, or (ii) any unauthorized use of Users registration identification or password or of the SITE. In such an event, INGMAN MARINE may impose additional security obligations on Users.
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 his best efforts to ascertain the source and manner of acquisition and shall promptly notify INGMAN MARINE. Users shall cooperate and assist in any investigation relating to any such unauthorized access.
D. Inactivity. INGMAN MARINE will maintain and grant Users access for a period of time subject to its discretion.
V. . PRIVACY.
VI. DISCLAIMERS; LIMITATIONS OF LIABILITY.
A. Release from Claims. User releases INGMAN MARINE 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. INGMAN MARINE provides this SITE “AS IS.” INGMAN MARINE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY USER IDENTITY OR CONTENT. INGMAN MARINE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. INGMAN MARINE 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 WEB SITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE, AND (v) WARRANTIES OTHERWISE RELATING TO DATA, INFORMATION, PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY INGMAN MARINE OR ANY THIRD PARTY. FURTHER, INGMAN MARINE DOES NOT WARRANT THAT THE WEBSITE OR THE TECHNOLOGY OR INTELLECTUAL PROPERTY DESCRIBED IN THE WEB SITE WILL MEET USERS NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY.
C. Limitation of Remedy. NEITHER INGMAN MARINE 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 INGMAN MARINE 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 THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE OR ANY OTHER CONTENT, EVEN IF INGMAN MARINE 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 WEB CONTENT ACCESSABILITY GUIDELINES https://www.w3.org/WAI/standards-guidelines/wcag/, SHALL SERVE AS A DEFACTO STANDARD IN ITS MOST COMMONLY USED VERSION, WHICH YOU AGREE MAY NOT BE ITS MOST RECENTLY RELEASED VERSION. BY ACCESSING THIS SITE YOU ACCEPT THAT MARINE TOOL WILL MAKE A GOOD FAITH EFFORT TO CONFORM THIS SITE TO THE MOST COMMONLY USED WCAG VERSION BUT AT NO TIME WILL THE SITE BE ACCESSIBLE TO ALL PEOPLE AT ALL TIMES REGARDLESS OF THEIR ACCESSIBILTY NEEDS. USER AGREES THAT IN THE EVENT USER BELIEVES (A) SITE IS NOT REASONABLY ACCESSIBLE TO USER; OR (B) SITE DOES NOT MEET THE STANDARD SET FORTH UNDER THE MOST COMMONLY USED VERSION OF WCAG, USER’S SOLE RECOURSE IS TO NOTIFY INGMAN MARINE AT THE FOLLOWING LINK [Contact Link] AFTER WHICH INGMAN MARINE 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 OTHER MEDIUM. USER AGREES TO HOLDHARMESS INGMAN MARINE FROM ANY HARMFUL, UNACCESSIBLE, OR UNLAWFUL THIRD PARTY CONTENT.
Users agree to defend, indemnify and hold harmless INGMAN MARINE and its subsidiaries, affiliates, officers, agents, partners and employees from all liabilities or claims of any third party arising out of Users violation of this Agreement.
VIII.. LINKED CONTENT.
The SITE may contain links to third party web sites or other services (the “Linked Content”). The Linked Content is not under the control of INGMAN MARINE and INGMAN MARINE therefore is not responsible for the Linked Content. INGMAN MARINE provides Linked Content to Users only as a convenience and the inclusion of such Linked Content is not an endorsement by INGMAN MARINE. If Users decide to access any Linked Content, Users do so at their own risk.
INGMAN MARINE reserves the right to terminate Users access to all or a portion of the Site without notice.
X. E-MAIL COMMUNICATIONS.
INGMAN MARINE will generally use email to communicate with User. By using the Site, Users agree to receive communications from INGMAN MARINE and its agents via email medium.
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 hereto. The section headings and other headings contained in this Agreement were selected for convenience and shall not affect the meaning or interpretation of this Agreement. 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. 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 Hillsborough County, Florida, or 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 in respect of such disputes. Users may not assign or otherwise transfer (by operation of law or otherwise) any of Users rights or duties hereunder unless INGMAN MARINE 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. INGMAN MARINE may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by INGMAN MARINE of a breach or a 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 INGMAN MARINE.