Terms of Use

 

1. Introduction

This site and any mobile application, or other online service (“Site”) is operated by Vendetta Marine. These Terms of Use (the “Terms”) apply to use of the Site and any other contract or website that incorporates these Terms by reference. Throughout the Site, the terms “Vendetta,” “we,” “us” and “our” refer to Vendetta Marine and its affiliated or subsidiary companies along with their directors, officers, employees, agents, independent contractors, and representatives. Vendetta Marine operates the Site, including all information, tools, products, goods, and services available from the Site to individuals for their non-commercial use only and subject to these Terms  (individually, “you,” “your,” or “User” and, collectively, “you” or “Users”). For the avoidance of doubt, the term “Site” (i) includes any website owned or operated by Vendetta Marine or a Vendetta Marine affiliate or subsidiary that incorporates these Terms by reference (“Vendetta Marine Affiliate Site”) and (ii) shall be interpreted to mean this Site or any other applicable Vendetta Marine Affiliate Site that you access or use.

These Terms are effective as of the Effective Date identified above. The act of accessing or using the Site signifies your consent to these Terms without limitation or qualification. If you do not agree to these Terms, you should not access or use the Site. Vendetta Marine reserves the right to modify these Terms, and the contents of the Site, including the features, availability, or operation of the Site, at any time in our sole discretion by posting the updated or change content to the Site. All such changes shall be immediately effective. You agree to monitor the Site for any changes made thereon and that your continued use of the Site following the posting of any changes indicates your understanding of, and agreement to, such changes.

Additional or different terms may apply to some products, services, or portions of the Site, such as specific product warranties or service terms. Those terms will be posted on the specific product or on the Site in connection with the relevant offering and will control in the event of a conflict with these Terms for that product, service, or Site feature.

The Site may contain links to goods, services, or content that are not under our control, including third-party websites, apps, or third-party products available for purchase (“Third-Party Content”). Links to the Third-Party Content are provided as a convenience only. Vendetta Marine is not responsible for and disclaims all liability with respect to the Third-Party Content.  The act of providing a link does not constitute an endorsement or recommendation of the Third-Party Content by Vendetta Marine.  Use of the Third-Party Content is subject to any relevant terms and conditions posted or made available at the linked websites or apps and not to these Terms.  Finally, some Vendetta Marine products are offered for sale by independent dealers or third-party retailers, and the purchase of any such product is subject to the terms and conditions of the applicable sale, lease, or retail installment contract or other form of agreement and not to these Terms.

2. Privacy Policy

We have a Privacy Policy (vendettamatine.com/privacy-policy) that applies to the Site. It contains important information about the ways that we collect, use, and share information about you. We encourage you to read it so that you will understand your choices concerning protection of your personal information. Our Privacy Policy is considered a part of these Terms. For the avoidance of doubt, any complaint, dispute, claim, or proceeding related to our Privacy Policy or with respect to how we collect, process, or otherwise use your personal information will be resolved and adjudicated in accordance with these Terms.

3. Ability to Accept Terms of Use

You affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties.  You agree to abide by, and comply with these Terms.

4. Accuracy, Completeness and Timeliness of Information

Although Vendetta Marine makes commercially reasonable efforts to ensure that all information included on the Site is correct and timely, Vendetta Marine cannot ensure the complete accuracy, completeness, and timeliness of the information on the Site. Vendetta Marine does not assume any liability with regard to any inaccurate, incomplete, or untimely information included on the Site.

Vendetta Marine neither represents nor warrants that any product or service depicted or mentioned on the Site are currently available for sale or are in production, or has been tested for commercial use. Regardless of any information presented on the Site, Vendetta Marine reserves the right, without prior notice, to discontinue any products or services, including models, parts, accessories, and other items, or to change the prices or specifications for any future sales at any time without liability or obligation to you. Information on the Site does not constitute a binding offer to buy or sell any products or services or to make any products or services available in your area. Vendetta Marine also does not represent or warrant that job opportunities depicted or mentioned on the Site are currently available. Information on the Site regarding job openings does not constitute a binding offer of employment.

5. Use of the Site and Standards of Conduct

The Site constitutes valuable intellectual property of Vendetta Marine.  You agree not to misuse the Site or its content and that you will not do, or attempt to do, or encourage or assist others to do, any of the following:

If you violate this Section, we may terminate your right to access to the Site, take other remedial actions, and seek any remedies permitted by law. Termination of access or use of the Site will not waive or affect any right or relief to which Vendetta Marine may be entitled at law or in equity.

6. Accounts:

The Site may provide the opportunity for you to create a user account to access certain functionality provided through the Site (a “User Account”). This Section, “Accounts,” establishes additional terms that apply to User Accounts.

You may only create and hold one User Account for the Site, and you may not use anyone else’s User Account. Certain information is required by Vendetta Marine for you to establish a User Account. We may invite you to provide other information that is optional. When we request information from you to create a User Account, you must provide Vendetta Marine with accurate and complete information. You also must update your account when information you have provided to us changes. You may do so either through the account section on the relevant Site or by contacting us at info@VendettaMarine.com. Vendetta Marine may use the information you provide in creating a User Account as set forth in its Privacy Policy and other provisions of these Terms.

You are responsible for maintaining the confidentiality of your User Account authentication credentials such as your account login names and passwords. You must not permit use of your User Account by anyone but you. You accept responsibility for all activities and transactions that occur under your User Account. If you have reason to believe that an unauthorized person is using or has accessed your User Account, please contact us immediately at info@VendettaMarine.com. We are not responsible for any loss or damage resulting from unauthorized use of your User Account.

You authorize us to use the contact information you provide us to communicate with you about our Site and products. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, including through posting or email, satisfy any legal requirement that such communications be in writing. You may opt out of receiving marketing e-mails from us by following the opt-out instructions provided to you in those e-mails.

We reserve the right to terminate access to your User Account at any time, without notice, in our sole discretion for any reason or no reason, including but not limited to inactivity or misuse. If access to your User Account is terminated, you may lose access to any information stored in connection with your User Account, and any promotional account credits and any other forms of value that may be associated with your User Account. Upon termination, these Terms shall continue to apply to any other use of the Site that you are permitted to make.

The Site provides various mechanisms to disable or delete your User Account. For many of our sites you can log in to your User Account and disable or delete your account through the account settings. In some instances, Vendetta Marine may retain some of the associated account information for reporting or regulatory purposes after a User Account has been disabled or deleted.

7. Intellectual Property

All content included on the Site, including text, designs, graphics, trademarks, service marks, logos, icons, images, audio clips, downloads, interfaces, and software, any intellectual property held by Vendetta Marine, and the selection and arrangement of any of these, are the exclusive property of Vendetta Marine, its content providers, and applicable trademark owners, and is protected by copyright, trademark, and other applicable laws. The copying, downloading and/or printing of content included on the Site is for your personal and noncommercial use only and is conditioned on your not modifying or deleting any copyright, trademark or other proprietary notice that appears on the content. Any other use of content contained on or obtained from the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any content obtained from the Site is expressly prohibited. Vendetta Marine, its content providers, and applicable trademark owners retain full and complete title to the content provided on the Site, including all associated intellectual property rights. Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any content, including any trademark, logo, or service mark displayed on the Site, without the owner’s prior written permission, except as otherwise described herein. Vendetta Marine reserves all rights not expressly granted in and to the Site and its content.

We may make Intellectual Property available through the Site to dealers and other third parties with whom we have additional agreements in place. In some cases, those materials are subject to separate agreements or terms, which may be posted on the relevant Site, or require separate authentication credentials.

You hereby acknowledge and agree that you will not (i) modify copies of any materials from our Site (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site, and (iv) access or use for any commercial purposes any part of the Site or any services or materials available through the Site.  If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Vendetta Marine. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The Vendetta Marine name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Vendetta Marine or its affiliates or licensors. You must not use such marks without the prior written permission of Vendetta Marine. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

8. Copyright Act Notice

Vendetta Marine respects the intellectual property rights of others and requests that you do the same. If you believe that any content appearing on the Site has been copied in a way that constitutes copyright infringement under the laws of the Canada, please forward the following information to Vendetta Marine:

Vendetta Marine

163 Brockmere Cliff Drive,
Brockville, ON, K6V 7E3

613-295-2818

info@vandettamarine.com

To be effective, the notification must include ALL of the following:

  1. a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;
  2. identification of the copyrighted work claimed to have been infringed;
  3. information sufficient to locate the allegedly infringing material on the Site;
  4. name, address, telephone number, e-mail address and other information necessary to permit Vendetta Marine to contact the person submitting the notification;
  5. a statement that the person submitting the notification has a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that the person submitting the notification is the copyright owner or is otherwise authorized to act on behalf of the copyright owner.

Vendetta Marine is under no obligation take any action based on a notification of claimed infringement, and the absolute right and discretion to remove any information and/or material from the Site remains with Vendetta Marine.

9. DISCLAIMERS

Released Parties Defined. “Released Parties” include Vendetta Marine., and its affiliates, subsidiaries, officers, employees, agents, partners, and licensors.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

10. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VENDETTA MARINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US ON THE SITE; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.  TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $10.  THE RELEASED PARTIES’ MAXIMUM LIABLITY WITH RESPECT TO ANY PRODUCT RELATED CLAIM SHALL BE TO HONOR THE PRODUCT WARRANTY POSTED ON THE SITE AT THE TIME OF PURCHASE.

11. Indemnification

You agree to indemnify, defend, and hold harmless Vendetta Marine and its affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising, or resulting from your User Content, or your use of the Site in violation of these Terms. Further, if you cause any technical disruption of the Site or the systems transmitting the Site, or transmit any virus or harmful code to the Site, you agree to be responsible and liable for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs incurred by Vendetta Marine related to such acts. Vendetta Marine reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with Vendetta Marine in defense of such matter.

12. Jurisdiction; English Language

The Site is controlled by Vendetta Marine from its offices located within Canada. The Canadian laws govern these Terms and use of the Site. If the Site is accessed from a location outside of the Canada, it is done at your sole risk and discretion with the understanding that laws applicable in a foreign location may not be applicable to the Site. The original and controlling version of these Terms shall be the version using the English language. All translations of these Terms into other languages shall be for the convenience only, and shall not control the meaning or application of these Terms. All notices and other communications required or permitted by these Terms must be in English, and the interpretation and application of such notices and other communications shall be based solely upon the English language version thereof.

13. Entire Agreement

These Terms along with any posted policies or operating rules constitute the entire understanding of Vendetta Marine and Users and supersedes any prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to the Site.

14. Severability

If any provision of these Terms is unlawful, void, or unenforceable, the remaining provisions of shall remain in full force.

15. How to Contact Us

Questions or comments about these Terms or the Site may be directed to us at the following. In the event you or your employees or agents call Vendetta Marine, you hereby acknowledge and agree that such telephonic communications may be monitored and recorded to ensure quality of service and to create an accurate record of the telephonic communication, and the telephonic  communication content may be disclosed to third parties and is not considered confidential information.

Thank you for visiting our site.