USE OF SITE
This website is provided solely for the use of current and future customers of BOAT TRAILER SUPPLY to provide you with information about our company, products, and services, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate:
- any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
- any advertisement, solicitation, spam, chain letter, or other similar type of information;
- any encouragement of illegal activity;
- unauthorized use or disclosure of private, personally identifiable information of others; or
- any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs, photographs, writings, graphs, data, or other materials (Materials) are the property of BOAT TRAILER SUPPLY and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, BOAT TRAILER SUPPLY does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
PLACING AN ORDER
1. Order Acceptance and Billing
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped.
2. Pricing Information; Availability
BOAT TRAILER SUPPLY cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Website. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. BOAT TRAILER SUPPLY reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from BOAT TRAILER SUPPLY. BOAT TRAILER SUPPLY may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
SHIPPING AND DELIVERY
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and accurate. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Delivery of Products purchased from the Website to addresses outside the United States is limited. Some Products also have restricted delivery within the United States.
DISCLAIMER OF WARRANTY
LIMITATION OF LIABILITIES
YOU AGREE THAT BOAT TRAILER SUPPLY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL BOAT TRAILER SUPPLY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER BOAT TRAILER SUPPLY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless BOAT TRAILER SUPPLY, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, BOAT TRAILER SUPPLY may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by BOAT TRAILER SUPPLY. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by BOAT TRAILER SUPPLY. BOAT TRAILER SUPPLY does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by BOAT TRAILER SUPPLY. Links do not imply that BOAT TRAILER SUPPLY or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of BOAT TRAILER SUPPLY or any of its affiliates or subsidiaries. Except for links to information authored by BOAT TRAILER SUPPLY, BOAT TRAILER SUPPLY is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. BOAT TRAILER SUPPLY reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. BOAT TRAILER SUPPLY makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Grand Traverse County, Michigan for any disputes with BOAT TRAILER SUPPLY arising out of your use of this site.
This Agreement constitutes the entire agreement between BOAT TRAILER SUPPLY and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BOAT TRAILER SUPPLY with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on 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. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. BOAT TRAILER SUPPLY does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from BOAT TRAILER SUPPLY solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.