Legal
This website (the "Site") is provided as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes an unconditional agreement to follow and be bound by these Terms of Use.
NORTH RIVER BOATS, INC EXPRESSLY RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE. YOUR USE OF THE NORTHRIVERBOATS.COM SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS OF USE AS CHANGED. Because of this, North River Boats, Inc. requests that all users review these Terms of Use whenever you use this site.
COPYRIGHTS AND TRADEMARKSUnless otherwise noted, all materials, including, without limitation, all images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by North River Boats, Inc. and are protected by U.S. and international copyright laws.
North River Boats, Inc., and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on this Site. Access to this Site does not confer, and shall not be considered as conferring, upon anyone any license under any of North River Boats, Inc.'s, or any third party's, intellectual property rights.
The North River Boats names and logos and all related products, names, design marks, and slogans are trademarks or service marks of North River Boats, Inc. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
LINKINGReferences on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information, are provided solely as a convenience to you and do not in any way constitute or imply North River Boats, Inc. endorsement, sponsorship or recommendation of the third party, information, product or service. North River Boats, Inc. is not responsible for the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
North River Boats, Inc. expressly prohibits any linking to this Site, framing of this Site, or any similar action, for any commercial purpose, without the prior express written approval of North River Boats, Inc. North River Boats, Inc. reserves the right to withdraw any such permission without notice and in its sole discretion. North River Boats, Inc. further reserves the right to institute any preventative or remedial measures necessary to prevent any unauthorized links, frames or other similar action and by linking, framing, or taking any similar action to this Site, you agree to indemnify and hold North River Boats, Inc. harmless from any and all potential liability or damage of any kind to yourself or any third party.
USE OF THIS SITEThis Site and all its Contents are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of North River Boats, Inc. or its suppliers and is protected by U.S. and international copyright laws. Any unauthorized usage, including without limitation, the reproduction, modification, distribution, transmission, republication, display, or performance, of the content of this Site is strictly prohibited.
SITE SECURITYUsers are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, with limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. North River Boats, Inc. will investigate occurrences that may involve such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use, or attempt to use, any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from North River Boat, Inc. on this Site or generally and publicly available third party web browsers (e.g. Netscape, Navigator, Microsoft Explorer).
GERERAL LEGAL INFORMATIONThis agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of the Agreement shall remain in full force and effect. The failure of North River Boats, Inc. to act with respect to a breach of the Agreement by your or others does not constitute a waiver and shall not limit North River Boat, Inc. rights with respect to such a breach or any subsequent breaches. This Agreement shall be governed by and construed under Oregon law. Any action or proceeding arising out of or related to this Agreement, or your use of this Site, much be brought in the state or federal courts of Oregon.
IMPORTANT BOAT SAFETY INFORMATONWe recommend that you and other users of your boat take approved boating safety courses and understand the operating features, care, and safety precautions prior to boat use. These courses are available through the Power Squadron, U.S. Coast Guard, U.S. Coast guard Auxiliary, and state and local enforcement agencies.
Smart boat users know that using their boat responsibly and safely is always more fun. Each boat is sold with an operator's guide and standard equipment. Observe applicable local boating laws and regulations and carefully read and follow all instructions in your owner's manual and on-product warnings. Always carry on board the necessary safety equipment and the appropriate protective clothing, including U.S. Coast Guard approved personal flotation devices, which should always be worn both around and on the water. Keep a safe distance from others and use common sense. Always boat responsibly and respect the rights of others. Please remember never to drink and drive while boating.
This Site features professional boat operators performing under ideal or controlled marine conditions. Do not attempt any of these maneuvers if they are beyond the level of your ability and your understanding and respect of the performance of your boat, for your type of use.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONSAll comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to North River Boats, Inc. on or by this Site, or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain North River Boats, Inc.'s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to North River Boats, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, North River Boats, Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
North River Boats, Inc. is, and shall be, under no obligation (1) to maintain any Comments in confidence; (2) to pay to use any compensation for Comments; (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are, and shall remain solely, responsible for the content of any Comments you make.
North River Boats, Inc. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, do not send us any comments that you do not wish to assign to us, including any confidential information or any original, creative materials such as stories, product ideas, computer code or original artwork.
USE OF YOUR INFORMATIONIf you provide us with your e-mail address, we will ask you if we can use it to send you updates on the latest North River products and promotions. If you do not want us to contact you, you can choose to "opt out," and we will respect your wishes.
We may use information that you give us to learn more about our customers so that we can develop better products and services. Your information will not be forwarded to other companies and will only be used to inform you about new North River products, services and offers that may be of interest to you. These offers may be based on information you provided in your initial transaction with us or in surveys. Like many other commercial websites, the North River website may use a standard technology called a "cookie" to collect information about how you use the Site.
INDENMIFICATIONYou agree to defend, indemnify and hold North River Boats, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.
TERMINATIONThese terms are effective unless and until terminated by either you or North River Boats, Inc. You may terminate this agreement at any time, provided that you discontinue any further use of this Site. North River Boats, Inc. also may terminate this Agreement at anytime and may do so immediately without notice and accordingly deny you access to the Site. It is North River Boats, Inc. sole discretion to do this should you fail to comply with any terms or provision of the Agreement. Upon any termination of the agreement by either you or North River Boats, Inc., you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such material, whether made under the terms of use or otherwise.
COLORS AND SPECIFICATION INFORMATIONWe have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display will be accurate.
Your dealer has the most up-to-date information on colors and standard optional equipment that are often introduced during the model year, and on numerous style options not represented on the Site. Some pictures on this Site show optional equipment and/or colors. Please note that custom interiors and exteriors are available at an additional charge. See your local dealer for details.
Because of our ongoing commitment to product quality and innovation, we reserve the right to change or discontinue any specifications, construction, designs, features, models or equipment listed or referenced on this Site without notice or obligation. Weights and volumes are estimates, and can vary from boat to boat because of equipment differences. All boats conform for U.S. Coast Guard and National Marine Manufacturers Association (NMMA) safety standards.
DISCLAIMERTHIS SITE IS PROVIDED BY NORTH RIVER BOATS, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. NORTH RIVER BOATS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATIONS OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSBLE BY APPLICABLE LAW, NORTH RIVER BOATS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NORTH RIVER BOATS, INC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACHKOWLEDGE, BY YOUR USE OF THE NORTH RIVER BOATS, INC. SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTUER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW LIMITATION ON HOW LONG IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER OR NOT IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL NORTH RIVER BOATS, INC. OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INIBILITY TO USE THE NORTH RIVER BOATS, INC. SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCITON. EVEN IF AN AUTHORIZED REPRESENTATIVE OF NORTH RIVER BOATS, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NORTH RIVER BOATS, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DIRING THE SIX-MONTH PEIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.