Bayside-Marina.com Terms of Use, Important Disclaimers, and Legal Information
WE THANK YOU FOR VISITING THE bayside-marina.com (herein referred to as “Bayside”) WEB SITE. PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING FURTHER THE Bayside SITE. BY USING THE Bayside SITE, YOU AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. WE RESERVE THE RIGHT TO MODIFY THE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS.
1. Rights in Bayside Site and Content
The Bayside site and all content provided on the Bayside site is protected by copyright, trade-mark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by Bayside Marina and/or its affiliates and related companies. Nothing contained on the website should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying Bayside Marina and/or its affiliates and related companies or their respective products and services displayed on the website, without the expressed written consent of Bayside Marina or such third party that may own such trade-marks, logos and other names displayed on the website.
2. Use of Bayside site and Content
No information or material from the website may be copied, reproduced, republished, transmitted, or distributed in any way whatsoever except for your personal, non-commercial use only.
3. Disclaimer of Warranties Limitation of Liability
The information contained on this website is provided solely for the reader’s general knowledge and research. The information is not intended to be a comprehensive review of information concerning the Marina, its operations, etc and related subject matters. All information is offered on a “best intentions” basis. Bayside Marina does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, completeness, timeliness, non-infringement, or merchantability or fitness for a particular purpose or use of any information contained in this web site or of any information available on web sites that are accessible by links found on this site. Because Bayside has no control over websites and resources linked to from the website, you acknowledge and agree that Bayside is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advice, offerings, services, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Bayside Marina shall not be 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, advice, offerings, goods or services available on or through any such site or resource.
4. LIMITATION ON LIABILITY
In addition to any other limitation of liability found elsewhere in the Agreement, you expressly understand and agree that to the maximum extent permitted by applicable law:
1. IN NO EVENT SHALL Bayside Marina, ITS REPRESENTATIVES, ITS INFORMATION PROVIDERS AND/OR ITS DISTRIBUTION PARTNERS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY AND/OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT, BUSINESS OR GOODWILL, ARISING FROM AND/OR IN CONNECTION WITH YOUR ACCESS AND/OR USE OF ANY OF THE Bayside WEBSITE, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES, AND/OR PRODUCTS, EVEN IF Bayside Marina IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE CAUSE AND WHETHER IN CONTRACT, TORT OR OTHERWISE; AND/OR
2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL Bayside Marina, ITS REPRESENTATIVES, ITS INFORMATION PROVIDERS AND/OR ITS PARTNERS LIABILITY FOR ANY CAUSE WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE LESSER OF: (A) THE AMOUNT PAID BY YOU TO Bayside FOR YOUR ACCESS TO AND USE OF THE WEBSITE, INCLDUING WITHOUT LIMITATION SITE CONTENT, APPLICATIONS AND/OR SERVICES, HEREUNDER IN THE PRECEDING SIX (6) MONTH PERIOD; OR (B) FIVE DOLLARS ($5 USD).
5. SEVERABILITY
To the extent that any term of the Agreement is determined by a competent authority to be invalid, illegal or otherwise unenforceable, then that term will be limited to the extent necessary to render the Agreement valid and enforceable if possible. The remaining terms will be enforced to give effect to the intention of the parties insofar as possible.
6. ASSIGNMENT
You may not assign, in whole or in part, any of your rights or obligations under the Agreement, without the prior written consent of a duly authorized representative of Bayside Marina and other than as set forth in the Agreement, there shall be no third party beneficiaries.
7. GOVERNING LAW AND FORUM
The Agreement shall be construed and enforced in accordance with the laws of the State of New York (without regard to its conflict of laws rules) and the applicable federal laws of the USA.
8. Bayside Marina Contact
The Bayside website, including without limitation any Site Content, Applications and/or Services, are provided by: Bayside Marina.
Please direct any questions or concerns regarding the Agreement by email to: jeffrey.bayside (at) gmail.com