Terms of Use
Westcap Honda Marine
Last Modified: June 8, 2016
Welcome to the Westcap Honda Marine website. Please read these Terms of Use carefully before accessing this website or placing any order with Westcap Honda Marine (“we,” “our,” or “us”). The following policies, notices, terms and conditions are subject to change from time to time. These Terms of Use are a legal agreement between you and Westcap Honda Marine governing your access to and use of the Westcap Honda Marine website.
By using the Westcap Honda Marine website, you are agreeing to be bound by these Terms of Use.
We reserve the right to update and change the Terms of Use by posting updates and changes to the Westcap Honda Marine website. Visitors may check for updates to the Terms of Use by visiting this page, which we will update with the latest and binding Terms of Use. The date of last update will be posted at the top of this page.
If you have any questions regarding the policies, notices, terms and conditions contained in these Terms of Use, please contact Westcap Honda Marine at customerservice@westcaphondamarine.com, or call 1-855-588-4545.
You must be more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein, and to abide by and comply with the Terms of Use. If you are an emancipated minor or possess legal parental or guardian consent, you, or your parent or guardian, affirm that you are over the age of 13, as Westcap Honda Marine is not intended for children under 13.
We reserve the right to refuse use of this website to anyone for any legal reason at any time.
We may, but have no obligation to, remove any content containing content that we determine in our discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.
We will remove any content that violates any party’s intellectual property, provided we receive sufficient notification such as, but not necessarily limited to, a DMCA takedown notice.
Our goal is that all of the information and materials contained on this website are accurate, current and complete. However, we cannot not guarantee the accuracy, currency or completeness of the information and materials provided on this website. You acknowledge and agree that such information and materials may not be accurate, current or complete. Westcap Honda Marine reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time and at its sole discretion, without prior notice. Such errors, inaccuracies or omissions may relate to product description, specifications, pricing and availability. We do not warrant that the website will be uninterrupted, timely, secure, or free of errors.
You represent, warrant, and agree that you will not:
- disable, circumvent, or otherwise interfere with security-related features of this website, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of this website;
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notices on this website;
- harvest or collect any personally identifiable information from this website, including, without limitation, passwords, user names, or e-mail addresses;
- attempt to or interfere with the proper working of this website or impair, overburden, or disable the same;
- encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
- violate any applicable laws, including any U.S. export laws; or
- engage in any conduct that restricts or inhibits any other user from using or enjoying this website or that violates these Terms of Use.
For information about our data protection practices, please read our privacy policy available at https://www.westcaphondamarine.com/page/privacy. This policy explains how we treat your personal information, and how we protect your privacy when you use this website. You agree to the use of your data in accordance with our Privacy Policy.
All material on this website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Westcap Honda Marine and is protected by copyright, trademark, and other applicable intellectual property laws. Provided you are in full compliance with these Terms of Use, we grant you a limited license to access and make normal use of this website, but not to modify any portion of this website, except as specifically authorized by our express, written consent.
This license does not include (i) any resale or commercial use of this website or its contents, except as permitted for authorized advertising, funding and crowdfunding purposes; (ii) any derivative use of this website or its contents; or (iii) any use of data mining, robots, or similar data gathering and extraction services. This website, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without our prior express written consent in each instance.
DIGITAL MILLENIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (“DMCA”) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s designated agent. If you believe in good faith that Westcap Honda Marine should be notified of a possible online copyright infringement, please notify Westcap Honda Marine’s designated agent by email at customerservice@westcaphondamarine.com. Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) and to consult with a legal advisor before sending your notice of claim. You should note that there can be penalties for false claims under the DMCA, and we are not obligated to remove posts that do not violate your valid copyright or are otherwise deemed fair use. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate any accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
The Westcap Honda Marine website may include content from and hyperlinks to other websites owned or operated by third parties. Because we have no control over third-party online services including, without limitation, unaffiliated websites, you acknowledge and agree that we are not responsible for such online services and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such online services or your interactions with such third party services. You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from any third party online services. Third party online services are subject to separate terms, conditions, policies and procedures established by the owners or operators thereof.
You agree to cooperate fully with Company’s investigation of any suspected or actual activity that would constitute breach of these Terms of Use.
DISCLAIMER OF WARRANTY: WEBSITE
We do not represent, warrant, or guarantee that access to this website or communications therefrom will be uninterrupted, timely, or error free. We will not be liable in the event of any disruptive occurrence for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use or inability to use this website.
We reserve the right to modify or discontinue, temporarily or permanently, any part of this website, in whole or in part for any reason, at our sole discretion, with or without notice to you. We will not be liable to you or any third party for any modifications or discontinuance of any part of this website (including any content thereon).
We will not be liable for special, incidental, or consequential damages, or lost profits, arising out of or in connection with this website or these Terms of Use.
Your use of this website and services is at your sole risk. We provide this website on an “as is” and “as available” basis without any warranty or condition, whether express, implied or statutory. We hereby disclaim any implied warranty, including without limitation a warranty of merchantability and a warranty of fitness for a particular purpose FOR THE USE OF THIS WEBSITE.
Some states AND/OR JURISDICTIONS do not allow THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR certain limitations on implied warranties, including without limitation, the duration of effective warranties and/or their disclaimers, so the above limitationS AND EXCLUSIONS may not apply to you. ANY warranty MAY give you specific legal rights, and you may also have other rights that vary from state-to-state.
Information about disclaimers of warranty on products and products liability can be found in our Terms of Purchase, available at: https://www.westcaphondamarine.com/page/termsofpurchase.
You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted to this website, and other communications.
The Westcap Honda Marine website is based in and operated from the United States of America. Information which you send to us by email or which we gather from you when you visit this website is held and processed in the United States of America.
These Terms of Use shall be binding upon and inure to our benefit, and our successors, and assigns. You may not assign these Terms of Use without our prior written consent and any such attempted assignment is deemed null and void. We may assign these Terms of Use to any entity or person.
No failure or delay by a party in exercising any right, power or privilege under these Terms of Use shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms of Use shall not affect the validity or enforceability of any other of these Terms of Use, all of which shall remain in full force and effect.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. The Terms of Use and the relationship between you and us shall be governed by the laws of the State of Tennessee and the United States of America notwithstanding any conflict of law provisions.
If any provision of these Terms of Use is found to be invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, or, at the option of Westcap Honda Marine, shall be construed in a manner to closely reflect, as much as possible, the intentions of the parties, and the remainder of the Terms of Use shall govern such use. If any of the policies, notices, terms or conditions in these Terms of Use and on this website shall be deemed invalid, void, or unenforceable for any reason, then such policy, notice, term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining policy, notice, term or condition.
You agree to indemnify, defend, and hold harmless Westcap Honda Marine, its subsidiaries, affiliates, partners, officers, directors, employees, contractors, agents, licensors and suppliers from and against any claim or demand, including reasonable attorneys' fees, due to or arising out of your breach of these Terms of Use or any violation of any applicable law.
If Westcap Honda Marine takes action and prevails (by itself or through its representatives) to enforce any of the provisions of these Terms of Use, including collection of damages or any amounts due hereunder, Westcap Honda Marine shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
If you have any questions about this website, please call us at 1-855-588-4545, send email to customerservice@westcaphondamarine.com, or write us at:
Westcap Honda Marine
Attention: Customer Service
4216 Westcap Rd.
Whites Creek, TN 37189
Solely at the option of Westcap Honda Marine, any claim, dispute, or controversy arising out of, relating to or concerning this website and/or these Terms of Use shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Davidson County, Tennessee, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Westcap Honda Marine as a result of these Terms of Use or your use of this website.
Any alleged waiver of any breach of these Terms of Use shall not be deemed to be a waiver of any future breach. A printed version of these Terms of Use and/or of any notice given by Westcap Honda Marine in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or your use of this website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Westcap Honda Marine in printed form.
Westcap Honda Marine is owned and operated by MTA Distributors, Inc., 555 Hickory Hills Blvd., Whites Creek, Tennessee, 37189, d/b/a Westcap Honda Marine.