Terms Of Use
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES (EACH, A “WEBSITE”) AND THE INFORMATION ON IT IS CONTROLLED BY LONE STAR MARINE USA PRODUCTS, INC. (“LONE STAR MARINE USA”). BY ACCESSING OR USING THE WEBSITE IN ANY WAY, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH LONE STAR MARINE USA, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THIS AGREEMENT. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
THIS AGREEMENT DOES NOT APPLY TO ANY PRODUCTS THAT MAY BE SOLD OR DISTRIBUTED THROUGH THE WEBSITE, INCLUDING ANY WARRANTIES THAT MAY BE OFFERED IN CONNECTION WITH THE USE THEREOF. IF YOU HAVE ANY QUESTIONS REGARDING RETURNS OR EXCHANGES OF ANY PRODUCT SOLD OR DISTRIBUTED THROUGH THE WEBSITE, PLEASE VISIT OUR RETURNS & EXCHANGES POLICY AVAILABLE AT: https://www.lonestarwinches.com/warranty-and-returns-policy/
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE WEBSITE. THIS AGREEMENT LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. BY ENTERING INTO THESE TERMS OF USE, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW. PLEASE SEE SECTION 15 BELOW FOR MORE INFORMATION REGARDING ARBITRATION AND HOW IT DIFFERS FROM A PROCEEDING IN A COURT OF LAW.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE WEBSITE, WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF TEXAS, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
Limited License
Subject to the terms of this Agreement, we grant you a non-exclusive, non-transferable, limited right to access and use this Website and the information and content available on the Website (the “Materials” and together with the Website, the “Lone Star Marine USA Properties”). The rights granted to you in this Agreement are subject to the following restrictions: (a) you may not remove, alter, destroy or obscure any copyright and other proprietary notices contained on or in the Lone Star Marine USA Properties; (b) you may not modify the Lone Star Marine USA Properties in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; (c) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Lone Star Marine USA Properties or any portion of the Lone Star Marine USA Properties, including the Website; (d) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Lone Star Marine USA Properties (including images, text, page layout or form) of Lone Star Marine USA; (e) you shall not use any metatags or other “hidden text” using Lone Star Marine USA’s name or trademarks; (f) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Lone Star Marine USA Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (g) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (h) you shall not access the Lone Star Marine USA Properties in order to build a similar or competitive website, application or service; and (i) except as expressly stated herein, no part of the Lone Star Marine USA Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; . Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. In addition, as a condition of your use of this Website, you represent and warrant to us that you will not use this Website for any purpose that is unlawful, immoral or prohibited by applicable law or by this Agreement. Other than this Agreement and agreements between you and Lone Star Marine USA relating to the sale of products or services to you through this Website, Lone Star Marine USA will not enter into any agreement with you or obligation to you through this Website and no attempt to create such an agreement or obligation will be effective. Use of this Website is unauthorized in any jurisdiction where all or any portion of this Website may violate any legal requirements and you agree not to access this Website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk.
Changes
- To the Website. We may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time. We also may impose limits on certain features and services or restrict your access to all or any part of the Website without notice or liability.
- To this Agreement. PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY LONE STAR MARINE USA IN ITS SOLE DISCRETION AT ANY TIME. When changes to this Agreement are made, Lone Star Marine USA will make a new copy of the Agreement available at the Website. Lone Star Marine USA will also update the “Last Updated” date at the top of this Agreement. Any changes to this Agreement will be effective immediately for new users of the Website, and will be effective thirty (30) days after posting notice of such changes on the Website for existing users. Lone Star Marine USA may require you to provide consent to the updated Agreement in a manner specified before further use of the Website is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s).FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THIS AGREEMENT WHENEVER YOU USE THIS WEBSITE.
Ownership
You agree that Lone Star Marine USA and its suppliers own all rights, title and interest in the Lone Star Marine USA Properties. The Lone Star Marine USA names and logos and all other product and service names, design marks and slogans used in connection with the Lone Star Marine USA Properties are the trademarks or service marks of Lone Star Marine USA or one of its affiliates. All other marks are the property of their respective companies.
Description of Products
Descriptions, images, references, features, content, specifications, products, prices, and availability of any products listed for purchase or distribution are subject to change without notice, and our current prices can be found on the Website. While we will make reasonable efforts to fulfill all orders, we cannot guarantee the availability of any particular product listed for purchase or distribution on this Website. We reserve the right to discontinue the sale of any product or service available for purchase or distribution on the Website at any time without notice.
Third-Party Sales
As a convenience to you, we may provide on our Website links to websites operated by others (“Third-Party Website”). If you click on a link to these other websites, you will leave this Website and Lone Star Marine USA will not warn you that you have left the Website. Please understand that we have no control over the content on any Third-Party Website. Lone Star Marine USA provides links to these Third-Party Websites only as a convenience, and does not review, approve, monitor, endorse, warranty or make any representations with respect to such Third-Party Websites. If you decide to visit any Third-Party Websites, you do so at your own risk and you are solely responsible for taking any protective measures you deem necessary to guard against viruses, worms, trojan horses and other items of a destructive nature. Links do not constitute endorsement of the material on such Third-Party Websites or any association with their operators.
Feedback
Lone Star Marine USA welcomes and encourages your comments and feedback regarding our Website, our products and our services. We do not want you to, and you should not, send any confidential or proprietary information to us via the Website. You agree that any comments, feedback, ideas, suggestions or the like regarding the Lone Star Marine USA Properties, you submit to Lone Star Marine USA (collectively, “Feedback”), will not be considered confidential or proprietary. You further understand and agree that we shall have no obligation of any kind with respect to such Feedback and that you are and shall remain solely responsible for the content of any such Feedback. By providing Lone Star Marine USA any Feedback, you hereby grant to Lone Star Marine USA an unrestricted, irrevocable, sublicensable, transferable, worldwide, royalty-free license to use, reproduce, publicly display, disclose, publicly perform, create derivative works of, transmit and distribute such Feedback for any purpose. We shall not be under any obligation to maintain any Feedback in confidence; to pay to you any compensation for any Feedback; or to respond to your Feedback. You further recognize that we do not want you to, and you warrant that you shall not, provide any information or materials to us that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
LIMITATION OF LIABILITY
The following limitation of liability does NOT affect our Returns & Exchanges Policy available at: https://www.lonestarwinches.com/warranty-and-returns-policy/. If you have any issues with any product purchased on the Website, you may be able to return it in accordance with our Returns & Exchanges Policy.
IN NO EVENT SHALL LONE STAR MARINE USA OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, OR FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, BUSINESS OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, OR THE INFORMATION AVAILABLE THEREIN, THE DELAY OR INABILITY TO USE THIS WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL LONE STAR MARINE USA BE LIABLE TO YOU FOR AN AMOUNT EQUAL TO THE GREATER OF (I) THE AMOUNTS PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE, OR (II) FIFTY DOLLARS USD ($50). NOTWITHSTANDING THE FOREGOING, LONE STAR MARINE USA DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY LONE STAR MARINE USA’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY LONE STAR MARINE USA’S FRAUD OR FRAUDULENT MISREPRESENTATION. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
No Hacking
You agree that you will not, under any circumstances attempt to gain access to Lone Star Marine USA Properties, accounts registered to others, or to computers, servers or networks connected to the to Lone Star Marine USA Properties by any means other than the user interface provided by Lone Star Marine USA, including, but not limited to, by circumventing or modifying, attempt to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Lone Star Marine USA Properties; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” sending unsolicited email, including promotions and/or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
Contacting Us
If you have any questions about this Agreement, please call us at 1 877 457-8351 or write us at:
Lone Star Marine USA Supply Company
PO Box 622, Decatur TX 76234
Call Toll Free : 1 877 457-8351
Office : 940 626-9291
email: info@lonestarwinches.com
Please note, however, that we do not guarantee that we will receive all of your communications or other information timely and we will not be legally obligated to read, act on or respond to any such communication or other information.
Indemnification
You agree to defend, indemnify, and hold Lone Star Marine USA and its parent and affiliates, and its and their respective directors, employees, agents, successors, and assigns (the “Lone Star Marine USA Parties”) harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this Website. This provision does not require you to indemnify any of the Lone Star Marine USA Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.
Termination of Use
We may terminate your access, or suspend your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believes is a violation of these Terms of Use, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, us or our parent or affiliates.
Governing Law/Venue
This Agreement shall be governed in all respects by the laws of the State of Texas, excluding its rules governing conflict of laws.
Waiver
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Severability
If all or any part of this Agreement is 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 and the remainder of the Agreement shall govern such use.
Entire Agreement
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.
Independent Contractors
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or your use of this Website.
Electronic Communications
The communications between you and Lone Star Marine USA use electronic means, whether you visit Lone Star Marine USA Properties or send Company e-mails, or whether Company posts notices on the Lone Star Marine USA Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Lone Star Marine USA in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Lone Star Marine USA provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Privacy
We realize that customers are concerned about how the information they provide online will be used. We are committed to protecting your privacy and will use the information we collect about you to process your order and provide a more personalized shopping experience. Please read our Privacy Policy for more details at www.lonestarwinches.com/privacy-policy.