ATTENTION: PLEASE READ THESE TERMS CAREFULLY
BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE
TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB
SITE.
Use of Site. Mariner's
Mart, L.L.C.
("Mariner's Mart") authorizes you to view and download the materials at this Web site
("Site") only for your personal, non-commercial use, provided that you retain
all copyright and other proprietary notices contained in the original materials on any
copies of the materials. You may not modify the materials at this Site in any way or
reproduce or publicly display, perform, or distribute or otherwise use them for any public
or commercial purpose. For purposes of these Terms, any use of these materials on any
other Web site or networked computer environment for any purpose is prohibited. The
materials at this Site are copyrighted and any unauthorized use of any materials at this
Site may violate copyright, trademark, and other laws. If you breach any of these Terms,
your authorization to use this Site automatically terminates and you must immediately
destroy any downloaded or printed materials.
Use of Software. If you download software from this Site
("Software"), use of the Software is subject to the license terms in the
Software License Agreement that accompanies or is provided with the Software. You may not
download or install the Software until you have read and accepted the terms of the
Software License Agreement.
User Submissions. Any material, information or other communication you
transmit or post to this Site will be considered non-confidential and non-proprietary
("Communications"). Mariner's Mart will have no obligations with respect
to the Communications. Mariner's Mart and its designees will be free to copy,
disclose, distribute, incorporate and otherwise use the Communications and all data,
images, sounds, text, and other things embodied therein for any and all commercial or
non-commercial purposes. You are prohibited from posting or transmitting to or from this
Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other
material that would violate any law.
User Chat Rooms.
Mariner's Mart may, but is not obligated to,
monitor or review any areas on the Site where users transmit or post Communications or
communicate solely with each other, including but not limited to chat rooms, bulletin
boards or other user forums, and the content of any such Communications. Mariner's Mart, however, will have no liability related to the content of any such
Communications, whether or not arising under the laws of copyright, libel, privacy,
obscenity, or otherwise.
Links To Other Web Sites. Links to third party Web sites on this Site
are provided solely as a convenience to you. If you use these links, you will leave this
Site. Mariner's Mart has not reviewed all of these third party sites and does not
control and is not responsible for any of these sites or their content. Thus,
Mariner's Mart does not endorse or make any representations about them, or any information,
software or other products or materials found there, or any results that may be obtained
from using them. If you decide to access any of the third party sites linked to this Site,
you do this entirely at your own risk.
Disclaimer. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Mariner's Mart further does not warrant the accuracy and completeness of the materials at this
Site. Mariner's Mart may make changes to the materials at this Site, or to the
products and prices described in them, at any time without notice. The materials at this
Site may be out of date, and Mariner's Mart makes no commitment to update the
materials at this Site. Information published at this Site may refer to products, programs
or services that are not available in your country. Consult your local Mariner's Mart
business contact for information regarding the products, programs and services
that may be available to you. Applicable law may not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
Limitation of Liability. IN NO EVENT WILL
Mariner's Mart, ITS
SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF
THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT
ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE
MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
U.S. Government Restricted Rights. Government users will receive no
greater than Restricted Rights as defined in FAR 52.227-14, FAR 52.227-19(c)(1-2) (Jun
1987) or DFAR 252.227-7013(c)(1)(ii) (Oct 1988), DFAR 252.221-7015(c) (May 1991), DFAR
252.227-7014, or DFAR 252.227-7018 as applicable in any Software at this Site. Government
users will secure no greater than limited rights as defined in FAR 52.227-14, DFAR
252.227-7015, DFAR 252.227-7018, or DFAR 252.227-7013 as applicable in any technical data
at this Site.
Applicable Laws. This Site is administered by
Mariner's Mart from its offices in Phoenix, Arizona. Mariner's Mart makes no representation that
materials at this Site are appropriate or available for use outside the United States, and
access to them from territories where their contents are illegal is prohibited. You may
not use or export or re-export the materials at this Site or any copy or adaptation in
violation of any applicable laws or regulations including without limitation U.S. export
laws and regulations. If you choose to access this Site from outside the United States,
you do so on your own initiative and are responsible for compliance with applicable local
laws. These Terms will be governed by and construed in accordance with the laws of the
State of California, without giving effect to any principles of conflicts of laws.
General. Mariner's Mart
may revise these Terms at any time by
updating this posting. You should visit this page from time to time to review the
then-current Terms because they are binding on you. Certain provisions of these Terms may
be superseded by expressly designated legal notices or terms located on particular pages
at this Site.
Revised June, 2000