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PRIVACY POLICY and Terms of use
This website (the "Site") is published and maintained by Leisure Bay Industries, Inc.
Please e-mail us with any questions or concerns at info@leisurebay.com. BY
ENTERING AND USING THIS WEB SITE (THE "SITE"),
YOU AGREE TO ABIDE BY AND COMPLY WITH THE FOLLOWING TERMS OF USE:
Privacy Policy
If and when we request private information from our users (such as credit card numbers or
social security numbers),we use Secure Socket Layer (SSL technology) for transferring data.
This technology encrypts your data so it is impossible for anyone else to read it.
We may also use information you provide us to let you know of additional or enhanced
products or services as they become available. We will not sell or rent your
personal information to third parties. To provide a better and more effective Site,
we use "cookies" as part of our interaction with your browser. A
cookie is a piece of data stored on the user's hard drive containing
information about the user. We do not combine information collected through
cookies with other personal information to determine who you are. Cookies are
commonly used on web sites and do not harm your system. By configuring your
preferences or options in your browser, you determine if and how a cookie
will be accepted.
Changes to Privacy Policy
Changes may be made by Leisure Bay Industries, Inc. to our Privacy Policy and Terms of Use.
Ownership
All materials on this Site, including but not limited to design, text, audio,
images, software, video clips, look and feel of the web site (the "Content"),
are protected by copyright under U.S. copyright law. Except as specified herein,
you cannot use or copy the Content in any manner. You agree to follow all
instructions on this Site limiting the way you may use the Content. There are a
number of proprietary logos, service marks and trademarks found on this Site. By
making them available on this Site, Leisure Bay Industries, Inc. is not
granting you any license to utilize those proprietary logos, service marks,
or trademarks. Any unauthorized use of the Content may violate copyright laws,
trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Site and Its Contents
You may not distribute, exchange, modify, sell or transmit anything you copy
from this Site, including, but not limited to, any text, images, audio and video.
In complying with these terms, Leisure Bay Industries, Inc. grants you a non-exclusive,
non-transferable, limited right to enter, display and use this Site. You agree not to
interrupt or attempt to interrupt the operation of this Site in any way.
Marketing to Children
We do not knowingly transfer or solicit data from children,
nor do we knowingly market to children.
User's Communications or Materials
Except for private information, such as credit card numbers or social security
numbers discussed above, any communications or materials sent to the
Site by electronic mail or otherwise, including any comments, data, questions,
suggestions or the like are, and will be treated as, non-confidential and
non-proprietary. Thus, you give up any claim that any use of such material
violates any of your rights including moral rights, privacy rights, proprietary
or other property rights, publicity rights, rights to credit for material or
ideas, or any other right, including the right to approve the way Leisure Bay
Industries, Inc. uses such material.
Any material submitted to this Site may be adapted, broadcast, changed,
copied, disclosed, licensed, performed, posted, published, sold, transmitted
or used by Leisure Bay Industries, Inc. anywhere in the world, in any medium,
forever. Without any compensation to you, Leisure Bay Industries, Inc.
is free to use any concepts, ideas, know?how or techniques contained in
any communication you send to the Site for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing
products using such information. However, you understand that we are
not obligated to use any such ideas or materials and you have no
rights to compel such use.
Transmissions
You are aware that Internet transmissions cannot be guaranteed as completely private
or secure. Any message or information you send to this Site might be read or
intercepted by others unless a particular message is encrypted.
Links to Other Sites
This Site may contain links to other internet sites on the World Wide Web. Leisure
Bay Industries, Inc. provides such links for your convenience only, and is not
responsible for the content of any linked site or their privacy practices. Links
from this Site to any other site do not mean that we approve of, endorse or
recommend that site.
Indemnification
You agree to indemnify, defend and hold Leisure Bay Industries, Inc. and all of
its agents, directors, employees, information providers, licensors and licensees,
officers and affiliated companies, (collectively, "Indemnified Parties") harmless
from and against any and all liability and costs (including, without limitation,
attorneys' fees and costs), incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you of these terms or the foregoing
representations, warranties and covenants. You agree to cooperate as fully as
reasonably required in their defense of any claim. Leisure Bay Industries, Inc.
reserves the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you and you shall not in any event settle
any matter without their written consent.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND
FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO
THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE,
LEISURE BAY INDUSTRIES, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2)
THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS
THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO LEISURE BAY INDUSTRIES, INC.'S
NEGLIGENCE, SHALL LEISURE BAY INDUSTRIES, INC. BE LIABLE FOR ANY CONSEQUENTIAL,
DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF,
(B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN, THE CONTENTS AND FUNCTIONS OF
THIS SITE, EVEN IF LEISURE BAY INDUSTRIES, INC. OR ANY AUTHORIZED REPRESENTATIVE
THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LEISURE BAY
INDUSTRIES, INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
(WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE),
EXCEED $100.00 OR ANY AMOUNT PAID BY YOU ANNUALLY TO USE THE SITE, WHICHEVER IS LESSER.
General Provisions
These terms and any additional terms posted on this Site together
constitute the entire agreement between Leisure Bay Industries, Inc. and
you with respect to your use of this Site. With respect to your use of
this Site, any cause of action you may have must be commenced within (1)
year after the claim or cause of action arises. If for any reason a court
of competent jurisdiction finds any provision of these terms, or portion thereof,
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 these terms shall continue in full force and effect. These terms shall be
governed by and construed in accordance with the laws of the State of Florida,
and the copyright and trademark laws of the United States of America.
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