These terms and conditions ("Agreement") govern your use of SMSDistributors.com ("Site"), an online information service and online store operated by Specialty Marine Solutions, Inc. ("SMSDistributors", “SMS”, "we", "our", "us", etc.). By using this Site you consent and agree to the terms and conditions contained in this Agreement. If you are unwilling to accept the terms and conditions contained in this Agreement, please do not use this Site.
All content ("Content") included on this Site, such as text, graphics, logos, color combinations, layout, button icons, images, audio clips and software (whether contained in or used to operate the Site), is the property of SMSDistributors or its content suppliers and protected by U.S. and international copyright, trademark, service mark and other intellectual property laws. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of SMSDistributors and protected by U.S. and international copyright laws. This Agreement does not transfer any right, title, or interest in the Site or the Content to you, and nothing contained in this Agreement or on the Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise other than as explicitly set forth herein. SMSDistributors and its Content suppliers retain all of its and their respective right, title and interest to the Site and Content.
For copyright infringement claims regarding Content on this Site, please see below under the heading COPYRIGHT INFRINGEMENT.
Certain products, services, or company designations for companies may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status. All trademarks and registered trademarks mentioned on this Site are properties of their respective owners.
USE OF CONTENT; LINKING TO OUR SITE
Use of Content. The Content may be used as a personal informational resource. Specifically, you may download, view, copy and print Content only to the extent such activities are solely for your personal informational use.
Linking to Site. You may link or hyper-link to the home page of the Site from any Qualified Site, provided (a) you notify us by email specifying the URL of each page from which you will be linking to our home page; (b) you do not frame the Site or any portion of the Site; (c) you do not deep link into the Site (i.e., you do not link into any page other than the home page); (d) the link or hyper-link to the Site is not used in a way that suggests that SMSDistributors endorses you or your web site; (e) the link is identified using a plain text rendering of the SMSDistributors' name and not any trademark or SMSDistributors' logo; (f) the link or hyper-link to the Site is not used or presented in any way that disparages SMSDistributors or tarnishes, blurs, or dilutes the quality of our names or trademarks or any associated goodwill; (g) the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and (h) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.
"Qualified Site" means a web site that displays no Objectionable content, is not owned or controlled by a competitor to SMSDistributors and the content of which is not competitive to the Site.
"Objectionable" means as to any content, information in any medium or format, including without limitation text, data, graphics, audio or video, that: (1) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (2) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way or (3) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party's intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (4) violates or encourages other to violate any applicable law.
No Other Use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this Site without our written permission is strictly prohibited.
Under no circumstances may you:
- send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);
- delete, modify or attempt to change or alter any of the Content on the Site;
- use any device, software or routine that interferes with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties' use of the Site;
- use the Site or the Content, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other web site providers, web sites, chat rooms or the like, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission;
- use any "robot", "spider" or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or
- use any SMSDistributors' names, service marks, or trademarks without our prior written consent, including without limitation as metatags or hidden text.
EXTERNAL LINKS; OTHER SITES' PRODUCTS, SERVICES AND CONTENT
MESSAGE FORUMS, BLOGS & REVIEWS
Reviews are compiled by Yotpo. mail in after purchase system. By purchasing a product online, customers will be emailed approximately two weeks after purchase date and encouraged to voluntarily share feedback on product and purchase experience in efforts to help other customers make informed purchasing decisions.
Our message Forums, Blogs & Reviews are maintained as a convenience for public participation among our users, using their real names. All contributions must conform with our requirements and policies as contained in this Agreement and otherwise posted on our Site. Contributions may not contain advertising. Users are individually liable for their own contributions and we expressly disclaim all responsibility or liability for any contributions. Posting a contribution constitutes consent to any further use of the contribution by us. We reserve the right to monitor the Forums, Blogs & Reviews and to modify or remove specific content that we deem "Objectionable" (see above), a violation of our requirements and policies or for any other reason, but we have no obligation to do this.
SPECIAL LEGAL CONSIDERATIONS; OTHER TERMS
You must possess the legal right and ability to use the Site. Certain portions of the site and/or the Content may not be suitable for all visitors. You agree to comply with all applicable laws, rules and regulations concerning your access to and/or use of such portions(s) of the Site and/or the Content, including any internal rules regarding your access to and/or use of the Site. Notwithstanding any other provision of this Agreement to the contrary, SMSDistributors reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, to disclose information about you pursuant to our Privacy Statement which is hereby incorporated by reference.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMSDISTRIBUTORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SMSDISTRIBUTORS MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (a) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (b) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (e) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE
Due to extreme fluctuations in world commodity prices, manufacturers are changing their costs with greater frequency. We make every effort to maintain the prices listed on this site, but reserve the right to increase or decrease prices based on changing costs.
MISPRINTS AND TYPOGRAPHICAL ERRORS
We make every effort to be accurate in product descriptions, photographs, and prices. Errors are unintentional and subject to correction. In the event that SMSDistributors mistakenly lists at an incorrect price, SMSDistributors reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SMSDistributors reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SMSDistributors shall issue a credit to your credit card account in the amount of the incorrect price.
SMSDistributors calculates and collects appropriate sales taxes during the checkout steps for states where we have facilities which currently include Massachusetts. If the merchandise you are purchasing will be re-sold in your business you can elect to opt-out of the sales tax providing you have a valid Sales Tax Exemption Certificate on file with us.
This Site is owned and operated by Specialty Marine Solutions, Inc. in the Commonwealth of Massachusetts, USA. As such, the laws of the Commonwealth of Massachusetts will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our Site and these disclaimers, terms and conditions at any time.
MODIFICATIONS TO SITE; AGREEMENT; TERMINATION OF SITE
Modifications to Agreement. SMSDistributors may change the terms of this Agreement from time to time. Your continued use of this Site following the posting of any changes to this Agreement constitutes your acceptance of those changes. If you object to any provision of this Agreement or any subsequent modifications to this Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site.
Access or Site Termination. SMSDistributors reserves the right to terminate your access to this Site (or portions of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. You acknowledge and agree that SMSDistributors will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to this Agreement.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SMSDISTRIBUTORS OR ITS THIRD PARTY CONTENT AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE RESULTING FROM: (a) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR WEB SITES, (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (c) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (d) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF SMSDISTRIBUTORS WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless SMSDistributors, its affiliates, shareholders, directors, officers, co-branders, content providers, subsidiaries, parents, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys' fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Site, your use of the Content, your linking to the Site or your violation of this Agreement. This obligation will survive your use of the Site.
In accordance with the Digital Millennium Copyright Act ("DMCA"), SMSDistributors will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify us: contact page. When notifying us of the alleged copyright infringement, please include all of the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If material is believed in good faith by SMSDistributors to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to any such material.
By using this site you acknowledge (a) that you have read and understood this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement.
If you have any questions regarding this Agreement or the Site, please contact SMS by mail:Specialty Marine Solutions, Inc.
19 Research Road
East Falmouth, MA 02536