TERMS & CONDITIONS
These Terms of Use are made as of this day, by and between Annapolis Yacht Refinishing, Inc., a Maryland corporation (“Ayrefinishing”), and you.
Applicability of these Terms of Use; Amendment to these Terms of Use
These Terms of Use sets forth the terms and conditions that apply to your access and use of www.ayrefinishing.com
Ayrefinishing may amend or revise these Terms of Use at any time. By using this site, you agree to be bound by the Terms of Use as in effect from time to time. Please review the Terms of Use regularly. Your continued access and use of www.ayrefinishing.com following the posting of any such changes shall automatically be deemed your acceptance of the same. If you do not agree to these terms and conditions, do not use this site or download any materials from this site.
Your Right to Access and Use www.ayrefinishing.com
Your right to access and use www.ayrefinishing.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use www.ayrefinishing.com for lawful purposes and pursuant to the terms and conditions of these Terms of Use. Your access and use of www.Ayrefinishing.com may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of Ayrefinishing's equipment, periodic updating, maintenance or repair activities that Ayrefinishing may undertake from time to time, or other actions that Ayrefinishing, in its sole discretion, may elect to take. Ayrefinishing reserves the right to suspend or discontinue the availability of www.ayrefinishing.com for access and use at any time in its sole discretion and without prior notice to you.
Your Compliance with these Terms of Use
By accessing and using www.ayrefinishing.com (other than to read these Terms of Use), you agree to comply with all of the terms and conditions of these Terms of Use, including any changes or revisions to these Terms of Use, which Ayrefinishing, in its sole discretion, may make in the future. In order to determine your compliance with these Terms of Use, Ayrefinishing may monitor your access and use of www.ayrefinishing.com in accordance with Ayrefinishing's Privacy Policy for www.ayrefinishing.com located at the URL www.ayrefinishing.com /privacy.htm.
Any action by you that, in Ayrefinishing's sole discretion, violates these Terms of Use, or restricts, inhibits or prevents any third party from accessing, using or enjoying www.ayrefinishing.com, or through the use of www.ayrefinishing.com, defames, abuses, harasses, offends or threatens any other user or third party, shall not be permitted, and may result in your loss of the right to access and use of www.ayrefinishing.com. You shall not provide links to or frame www.ayrefinishing.com without the prior express written permission of Ayrefinishing.
Ayrefinishing's Intellectual Property Rights
The names “Ayrefinishing” and "ayrefinishing.com" and the Ayrefinishing and Ayrefinishing.com logos and graphics are trademarks of Ayrefinishing, and may not be used by you without the prior express written permission of Ayrefinishing, which permission may be withheld in Ayrefinishing's sole discretion. The data and content viewable on, contained in, or downloadable from, www.ayrefinishing.com (collectively, the “Content”), is copyrighted by Ayrefinishing. Ayrefinishing also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Viewing, reading, printing, downloading or otherwise using the Content in accordance with these Terms of Use does not entitle you to any ownership or intellectual property rights to the Content. You shall be solely responsible for any damage resulting from your infringement of Ayrefinishing’s intellectual property rights regarding the “Ayrefinishing” and "ayrefinishing.com" names, the Ayrefinishing and Ayrefinishing.com logos and graphics, and/or the Content, and/or any other harm incurred by Ayrefinishing as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms of Use.
Your Use of the Content
Without the prior written consent of Ayrefinishing, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content as permitted by these Terms of Use, is permitted by you without the express prior written permission of Ayrefinishing, which permission may be withheld in Ayrefinishing's sole discretion. In addition, the Content may not be used to solicit or contact sellers or buyers without the prior written consent of Ayrefinishing.
Ayrefinishing Makes No Representations or Warranties Regarding Content
The Content is being provided to you on an “as-is” basis. Ayrefinishing does not make any representations, warranties or guarantees express or implied, regarding the accuracy, correctness, or completeness of the Content, nor the safety, reliability, title, merchantability, conformity or fitness for a particular purpose of the Content. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content on www.ayrefinishing.com. Ayrefinishing makes no representation, warranty or guarantee that the Content that may be available for downloading from www.ayrefinishing.com is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancel bots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use www.ayrefinishing.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of www.ayrefinishing.com.
Limitations on Liability; Disclaimer
BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE CONTENT IS PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
AYREFINISHING SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE; (II) YOUR ACCESS AND USE OF www.ayrefinishing.com; (III) YOUR INABILITY TO ACCESS OR USE www.ayrefinishing.com FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF THE CONTENT.
Your Indemnification of Ayrefinishing
You shall defend, indemnify and hold harmless Ayrefinishing and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of these Terms of Use by you; (ii) your failure to provide accurate, complete and current personal information requested pursuant to registration, if required; (iii) your access or use of www.ayrefinishing.com; and/or (iv) access or use of www.Ayrefinishing.com under any email address, username or password that may be issued to you.
Third Party Rights Under these Terms of Use
These Terms of Use is for the benefit of Ayrefinishing and its affiliates, each of which shall have the right to enforce and assert the terms and conditions of these Terms of Use directly against you on behalf of Ayrefinishing.
Ayrefinishing's Remedies
You acknowledge that Ayrefinishing may be irreparably damaged if these Terms of Use are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms of Use by you, Ayrefinishing shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms of Use.
For purposes of this Section only, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Palm Beach County, Maryland, or the United States District Court, Southern District of Maryland. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Termination of these Terms of Use
You may terminate or opt out of these Terms of Use at any time by contacting Ayrefinishing at info@ayrefinishing.com or sending mail to the following address: Annapolis Yacht Refinishing, Inc. Annapolis Yacht Refinishing Annapolis, MD 21401 Termination or opting out of these Terms of Use by you shall result in your loss of the right to access and use www.ayrefinishing.com.Ayrefinishing may terminate these Terms of Use or any email addresses, usernames or passwords that may be issued to you, at any time, without prior notice, for any reason, or for no reason, which shall not be required to be disclosed to you.
Changes to these Terms of Use
Ayrefinishing may amend or revise these terms and conditions at any time. By using this site, you agree to be bound by these Terms of Use as in effect from time to time. Please review these terms and conditions regularly. Your continued access and use of www.ayrefinishing.com following the posting of any such changes shall automatically be deemed your acceptance of the same.
You are encouraged to revisit these Terms of Use from time to time in order to review any changes that have been made. Your continued access and use of www.ayrefinishing.com following the posting of any such changes shall indicate your acceptance of the same.
Questions, Comments & Complaints
Ayrefinishing encourages you to provide Ayrefinishing with feedback regarding this Terms of Use Policy. If you have questions, comments or concerns regarding this Terms of Use Policy, please contact info@ayrefinishing.com or send mail to the following address: Annapolis Yacht Refinishing Annapolis, MD 21401, or call (410) 263-3910. |