ACCEPTANCE OF TERMS:
By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions and to comply with all applicable laws and regulations. If you do not agree to these Terms, do not use the Site. These Terms and Conditions are subject to change from time to time.
LICENSE:
As a user of this Site you are granted a nonexclusive, revocable, limited license to access and use the Site and all content and information provided on and through the Site ("content") in accordance with these Terms and Conditions.
USE RESTRICTIONS:
You may download, view and print a single copy of any content, solely for your personal and non-commercial purposes, subject to the restrictions set forth herein. Except as expressly permitted herein, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the Site or any content appearing on the Site. You may not use the Site, or any content appearing on the SMN, on or in connection with any other website for any purpose.
INTELLECTUAL PROPERTY RIGHTS:
All content available on the Site, including text, graphics, site design, interfaces and the selection of arrangements thereof is copyrighted by SMN, with all rights reserved, or is the property of SMN, its vendors or third parties protected by intellectual property rights. "Smart Marine Network" and the Smart Marine Network logo are service marks of SMN. The other trademarks, service marks, and logos used and displayed on this Site are trademarks of vendors or third parties and may not be used without the written permission of the owner thereof. Any unauthorized use of the Site or its content is prohibited and may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. SMN aggressively enforces its intellectual property rights to the fullest extent of the law.
LINKING:
This Site contains links to and from third party web sites. These links are provided solely as a convenience to you and not as an endorsement by SMN. SMN is not responsible for the content or accuracy of materials on linked third-party sites. You may provide links to this Site, provided you discontinue providing such links if requested by SMN.
THIRD PARTY PRODUCTS/SERVICES:
Site content is provided for informational purposes only and does not constitute an endorsement by SMN of any product, service or vendor. SMN receives subscription fees or other remuneration from vendors/advertisers of products and services displayed on the Site. You acknowledge that SMN does not sell, resell or license any products/services listed on the Site.
DISCLAIMER OF WARRANTIES:
The Site is provided "as is," without express or implied warranty or condition of any kind, and we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. SMN does not warrant that any aspect of the Site will work or will be continuously available. SMN does not warrant that product descriptions, pricing, commentary or any other content on the Site, regardless of its source, is accurate, complete, reliable or current. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SMN, ITS CONTENT PROVIDERS, VENDORS OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE INFORMATION ON THIS SITE OR OBTAIN THE PRODUCTS/SERVICES DESCRIBED HEREIN, EVEN IF SMN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WORK REQUESTS:
Customers who wish to requests bids for work to be performed will fill out an online form which will be disseminated to vendors with matching capabilities. Vendor and customer are then free to communicate/negotiate via email on the Site or elsewhere. SMN does not act as an agent of sale. SMN is merely making it easier for customers to do business with vendors who choose to offer goods/services using the Site. Communications and business dealings between customers, vendors and advertisers found on the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between such parties. You agree not to hold SMN liable for any loss or damage of any sort incurred as the result of any such dealings.
CUSTOMER TRANSMISSIONS:
Customer comments on the Site are from customers who have elected to post them. As such, these comments are informative for those wishing to use them, but they do not guarantee any level of performance by a vendor or other third party in any given transaction. If you post information, data, text, or other content on publicly accessible areas of the Site or provide SMN with information, including but not limited to, vendor ratings, feed-back data, answers, questions, comments, suggestions, plans, ideas or the like, such information or content shall be deemed to be non-confidential and SMN shall be free to use, reproduce, disclose or distribute the information to others without restriction. SMN reserves the right to edit, censor or delete all postings. You agree that you will not post any information: (a) that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or harassing; (b) that infringes any third party's intellectual property or other proprietary rights of privacy or publicity; (c) that violates any law, statute, ordinance or regulation; (d) that is known by you to be false, inaccurate or misleading; (e) for which you were compensated or granted any consideration by any third party; (f) that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; (g) or that contains any computer viruses, worms or other potentially damaging computer programs or files. If the content of your posting creates liability for SMN, you agree to defend and hold SMN harmless from such liability.
CUSTOMER/VENDOR RATINGS:
The vendor star rating system utilized by SMN is solely a function of the number of comments and the quality rating provided by customers of each vendor. SMN makes no subjective determinations regarding the quality of products/services provided by vendors on the Site. Details regarding the vendor star rating system are described on the vendor rating page. Vendors may also post comments regarding customer performance, including non/late payment information. There is no star rating system for customers. If a vendor posts a comment about a customer, the customer will be notified via email and will have an opportunity to post a rebuttal comment. Comments regarding customers are available only to subscribing vendors who perform searches by customer name. Vendor comments regarding customers should not be disclosed, duplicated or posted on other portions of the Site. Customers do not see comments made about other customers. Negative vendor or customer ratings must contain sufficient detail regarding the background/nature of the complaint, or the comment will not be posted. Customer comments regarding vendors or other third parties should only be posted in the vendor star rating section. Comments regarding vendors should not be placed on a customer's personal profile.
INDEMNITY:
By choosing to use the Site, you agree to indemnify SMN, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to or arising out of 1) content you choose to submit, post or transmit through the Site; 2) your use of or connection to the Site; 3) your violation of these terms or conditions; or 4) your violation of any rights of another.
DISPUTES:
Because we are a venue, in the event that you have a dispute with one or more users (including vendors) of the Site, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge SMN, its officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes.
Any claim arising out of or relating to these terms and conditions or the Site shall be settled by binding arbitration in San Diego County, California in accordance with the American Arbitration Association's commercial arbitration rules.
PRIVACY PRACTICES:
SMN keeps a record of email and web addresses. However, SMN does not share your information with other organizations for commercial purposes, unless you have authorized us to do so.
SEVERABILITY OF PROVISIONS:
If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
GOVERNING LAW:
These terms and conditions are governed by California law as such laws apply to agreements entered into and to be performed entirely within California between California residents and without regard to conflict of laws.
REMEDIES FOR VIOLATIONS:
SMN reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular Internet address to the Site and its content.
