PLEASE READ THESE TERMS OF USE CAREFULLY.
These Terms of Use describe rules for visitors to this Web site, with a homepage located at www.fountainpowerboats.com. The Web site is owned and operated by Iconic Marine Group dba Fountain Powerboats ("Fountain"). We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the Web site. By using this Web site, it means you accept the Terms of Use.
OUR COPYRIGHTS AND TRADEMARK. The materials on this Web site belong to or are licensed to us. The materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may e-mail, download, or print copies of the materials on this Web site, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this Web site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.
We also own the names we use for our products and services on this Web site, and these names are protected by United States and foreign trademark laws. A © following a name on our Web site indicates that the trademark has been registered in the United States. A ™ following a name on our Web site indicates that it is a registered trademark. All trademarks are the property of their respective owners.
If you use the materials or trademarks on this Web site in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this Web site. Title and all rights to the materials remains with us or with the authors of the materials contained on this Web site. All rights not expressly granted are reserved.
LINKS TO THIS WEB SITE AND USE OF FOUNTAIN MARKS. You are hereby granted a non-exclusive, limited, and revocable license to link to this Web site. Fountain reserves the right to revoke this license generally, or your right to use specific links, at any time. If Fountain revokes this license, you agree to remove and disable any and all of your links to this Web site. You agree not to present the link to this Web site in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a Web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" this Web site or any of its content or copy portions of this Web site to a server. LINKS TO OTHER WEB SITES. This Web site may contain links to Web sites not operated by Fountain. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other Web sites. We are not responsible for the performance of those Web sites or for your business dealings with them. Your use of other Web sites is subject to the terms of use of those Web sites. ADVERTISING AND SPONSORSHIPS. This Web site may include advertisements for products or services offered by other companies. Although we believe you may find that information offered by advertisers is helpful, we do not endorse or guaranty any product or service offered by advertisers. We may receive payment from these advertisers. YOUR FEEDBACK, COMMENTS AND IDEAS. While we are pleased to receive feedback, comments and ideas from visitors to this Web site, we want you to understand that any information that you submit through this Web site will be considered non-personal, non-confidential, and non-proprietary. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this Web site, you hereby grant Fountain an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Fountain is free to use them for any purpose. Also, remember that e-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing us any personal or confidential information. NO WARRANTIES. ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. FOUNTAIN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOUNTAIN MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE. FOUNTAIN MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER FOUNTAIN NOR ANY PERSON OR COMPANY ASSOCIATED WITH FOUNTAIN SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS ON THIS WEB SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS FOUNTAIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEB SITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL LIABILITY OF FOUNTAIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL FOUNTAIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF FOUNTAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER RULES ABOUT THIS WEB SITE. Your obligations under this section and the sections called "Your Feedback", "No Warranties" and "Limitation of Liability" will survive termination of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If you violate these Terms of Use in a way that causes harm to others, you agree to hold Fountain harmless against any liability for that harm. By using this Web site, you agree that the only proper jurisdiction and venue for any dispute with Fountain, or in any way relating to your use of this Web site, is in the state and federal courts in the State of Deleware, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Fountain or its affiliates, employees, officers, directors, agents, suppliers. These Terms of Use are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws, principles, and the federal laws of the United States.