| Terms of Use & Disclaimer Agreement PLEASE READ CAREFULLY BEFORE USING THIS SITE The Bay Marine & Sports Center, Inc. website (http://www.baymarine-sc.com) is the property of the Bay Marine & Sports Center, Inc. By using this website, you are indi- cating that you agree to be bound by all of the terms of this Agreement. Bay Marine & Sports Center, Inc. may change the terms in this Agreement or modify the fea- tures of the website at any time. When the terms are changed, the changes will ap- pear in this document, which you can access at any time by clicking on the "Terms of Use & Disclaimer" link. By continuing to use the website after Bay Marine & Sports Center, Inc. has made a change in the terms of the Agreement, you agree to be bound by all of the changes. If you do not agree to the terms of use set forth here, do not use the website or download any materials from it (if any). DISCLAIMER OF WARRANTIES AND LIABILITY Information on this website may contain technical inaccuracies or typographical errors. Bay Marine & Sports Center, Inc. shall not be responsible for any errors or omissions contained at this website and does not guarantee to the accuracy, com- pleteness or timeliness of the information, text, graphics, links or other items con- tained within this website. Bay Marine & Sports Center, Inc. makes no commitment to update the information on the website. Bay Marine & Sports Center, Inc. reserves the right to make changes without notice. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BAY MARINE & SPORTS CENTER, INC. MAKES NO WARRANTY REGARDING THE OPERATION OF THE WEBSITE OR ANY INFORMATION OR OTHER CONTENT ON IT, OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE. BAY MARINE & SPORTS CENTER, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OR INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THE WEBSITE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IM- PLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. No advice or information given by Bay Marine & Sports Center, INC., its affiliates or their respective employees shall create any warranty. Any comments or materials sent to Bay Marine & Sports Center, Inc. through this website shall be deemed NOT to be confidential. By sending Bay Marine & Sports Center, Inc. any information or material, you grant Bay Marine & Sports Center, Inc. an unrestricted, irrevocable license to use, reproduce, disclose, exhibit, display, per- form, modify, transmit, transform, create derivative works and distribute to others without limitation any ideas or information you send for any purpose. This site is controlled and operated by Bay Marine & Sports Center, Inc. from its residence within the United States of America. Bay Marine & Sports Center, Inc. makes no representation that materials in the website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. 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. Each party hereby consents to the personal jurisdiction of the State of Texas, acknowl- edges that venue is proper in any State or Federal court in the State of Texas, agrees that any action related to this Agreement must be brought in a state or Fed- eral court in the State of Texas, agrees that any action in any form arising out of the subject matter of this agreement, whether in contract, tort or otherwise, must be brought within one year after the cause of action arose or was discovered by the par- ty instituting the action, whichever occurs last, and waives any objection that may exist, now or in the future, with respect to any of the foregoing. Any claim related to this website shall be governed by the internal substantive laws of the State of Texas, without giving effect to any principles of conflicts of laws. Use of this website is un- authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability lim- itations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and Bay Marine & Sports Center, Inc. with respect to your access to and use of the Bay Marine & Sports Center, Inc. website and it supersedes all prior or contemporaneous commu- nications and proposals, whether electronic, oral or written, between you and Bay Marine & Sports Center, Inc. with respect to this website generally. A printed ver- sion of this Agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All Rights Reserved.
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