Terms and Conditions
1. ACCEPTANCE OF TERMS
Great Lakes Marinas welcomes you. Great Lakes Marinas provides the Great Lakes Marina Services (defined below) to you subject to the following Terms and Conditions Service ("TAC"), which may be updated by us from time to time without notice to you. You can review the most current version of the TAC at any time at: http://www.greatlakesmarinas.com/terms.html. By accessing and using the Great Lakes Marina Services, you accept and agree to be bound by the terms and provision of the TAC
DESCRIPTION OF GREAT LAKES MARINAS SERVICES
Great Lakes Marinas provides users with access to Marinas on the Great Lakes and various resources, including without limitation search services, forums, classified ads, messaging, personalized content and branded programming through this site which may be accessed through any various medium or device now known or hereafter developed ("Great Lakes Marinas Services"). You also understand and agree that the Great Lakes Marinas Services may include advertisements and that these advertisements are necessary for Great Lakes Marinas to provide the Great Lakes Marinas Services. You also understand and agree that the Great Lakes Marinas Services may include certain communications from Great Lakes Marinas, such as service announcements, administrative messages and the Great Lakes Marinas Newsletter, and that these communications are considered part of Great Lakes Marinas membership and you will not be able to opt out of receiving such messages. Unless explicitly stated otherwise, any new features that augments or enhances the current Great Lakes Marinas Services, including the release of new Great Lakes Marinas services and properties, shall be subject to the TAC. You understand and agree that the Great Lakes Marinas Services is provided "AS-IS" and that Great Lakes Marinas assumes no responsibility for information inaccuracy, the timeliness of information, deletion of any content, delivery failure to store any user communications or personalization settings. You are responsible for obtaining access to the Great Lakes Marinas Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Great Lakes Marinas Services.
You understand that the technical processing and transmission of the Great Lakes Marinas Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Great Lakes Marinas Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Great Lakes Marinas Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information for the data you post and (b) maintain and promptly update such Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Great Lakes Marinas has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Great Lakes Marinas has the right to suspend or terminate your membership and refuse any and all current or future use of the Great Lakes Marinas Services (or any portion thereof).
GREAT LAKES MARINAS PRIVACY POLICY
Great Lakes Marinas is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. We take our ethical responsibilities and your privacy seriously by recognizing that your privacy is important. We have a strong commitment to providing excellent service to all our customers and visitors of this Web Site, including respecting your concerns about privacy.
Great Lakes Marinas collects personally identifiable information, such as your e-mail address, name, mailing address, and telephone number. Great Lakes Marinas also collects anonymous demographic information, which is not unique to you, such as your ZIP code, phone number, GPS coordinates, and preferences.
There is also information about your computer hardware and software that is automatically collected by Great Lakes Marinas. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by Great Lakes Marinas for the operation of the Service, to maintain quality of the Service, and to provide general statistics regarding use of the Great Lakes Marinas Web site.
Great Lakes Marinas encourages you to review the privacy statements of Web sites you choose to link to from Great Lakes Marinas so that you can understand how those Web sites collect, use and share your information. Great Lakes Marinas is not responsible for the privacy statements or other content on Web sites outside of the Great Lakes Marinas and Great Lakes Marinas properties.
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a login account and password upon becoming a member of Great Lakes Marinas Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Great Lakes Marinas of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Great Lakes Marinas cannot and will not be liable for any loss or damage arising from your failure to comply with Section 5 of our Terms and Conditions.
4. MEMBER CONDUCT
You understand that all information, data, text, software, pictures, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Great Lakes Marinas, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Great Lakes Marinas Services. Great Lakes Marinas does not control the Content posted via the Great Lakes Marinas Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Great Lakes Marinas Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Great Lakes Marinas be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Great Lakes Marinas Services.
You agree to not use the Great Lakes Marinas Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Great Lakes Marinas forum leaders, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Great Lakes Marinas Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Great Lakes Marinas Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Great Lakes Marinas Services or servers or networks connected to the Great Lakes Marinas Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Great Lakes Marinas Services, including using any device, software or routine to bypass our robot exclusion headers;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store marina data from this site outside of greatlakesmarinas.com.
You acknowledge that Great Lakes Marinas may or may not pre-screen Content, but that Great Lakes Marinas and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Great Lakes Marinas Services. Without limiting the foregoing, Great Lakes Marinas and its designees shall have the right to remove any Content that violates the TAC or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Great Lakes Marinas including without limitation information in Great Lakes Marinas Message Boards and in all other parts of the Great Lakes Marinas Services.
You acknowledge, consent and agree that Great Lakes Marinas may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TAC; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Great Lakes Marinas its users and the public.
You understand that the Great Lakes Marinas Services and software embodied within the Great Lakes Marinas Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Great Lakes Marinas and/or content providers who provide content to the Great Lakes Marinas Services. You may not attempt to override or circumvent any of the usage rules embedded into the Great Lakes Marinas Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Great Lakes Marinas Services, in whole or in part, is strictly prohibited.
5. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE GREAT LAKES MARINAS SERVICES
The Content you submit or make available for inclusion on publicly accessible areas of the Great Lakes Marinas Services, you grant Great Lakes Marinas the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of Great Lakes Marinas forums, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Great Lakes Marinas Services solely for the purposes of providing and promoting the specific Great Lakes Marinas forum to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Great Lakes Marinas Services and will terminate at the time you remove or Great Lakes Marinas removes such Content from the Great Lakes Marinas Services.
- With respect to pictures, audio or video you submit or make available for inclusion on publicly accessible areas of the Great Lakes Marinas Services other than Great Lakes Marinas forums, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Great Lakes Marinas Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Great Lakes Marinas Services and will terminate at the time you remove or Great Lakes Marinas removes such Content from the Great Lakes Marinas Services.
- With respect to Content other than pictures, audio or video you submit or make available for inclusion on publicly accessible areas of the Great Lakes Marinas Services other than Great Lakes Marinas forums, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Great Lakes Marinas Services are those areas of the Great Lakes Marinas network of properties that are intended by Great Lakes Marinas to be available to the general public. By way of example, publicly accessible areas of the Great Lakes Marinas Services would include Great Lakes Marinas forums, classifieds, and portions of Great Lakes Marinas that are open to both members and visitors. However, publicly accessible areas of the Great Lakes Marinas Services would not include areas off of the Great Lakes Marinas network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Great Lakes Marinas.
6. CONTRIBUTIONS TO GREAT LAKES MARINAS
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Great Lakes Marinas through any communication method with Great Lakes Marinas, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Great Lakes Marinas is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Great Lakes Marinas shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Great Lakes Marinas may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Great Lakes Marinas without any obligation of Great Lakes Marinas to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Great Lakes Marinas under any circumstances.
7. INDEMNITY
You agree to indemnify and hold Great Lakes Marinas and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Great Lakes Marinas Services, your use of the Great Lakes Marinas Services, your connection to the Great Lakes Marinas Services, your violation of the TAC, or your violation of any rights of another.
8. NO COMMERCIAL REUSE OF GREAT LAKES MARINAS SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Great Lakes Marinas Services (including Content, Marina Data, advertisements, or Software.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Great Lakes Marinas may establish general practices and limits concerning use of the Great Lakes Marinas Services, including without limitation the maximum number of days that messages, forum messages, classified ad messages or other uploaded Content will be retained by the Great Lakes Marinas Services, the maximum number of messages that may be sent from or received by an account on the Great Lakes Marinas Services, the maximum size of any message that may be sent from or received by an account on the Great Lakes Marinas Services, the maximum disk space that will be allotted on Great Lakes Marina’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Great Lakes Marinas Services in a given period of time. You agree that Great Lakes Marinas has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Great Lakes Marinas Services. You acknowledge that Great Lakes Marinas reserves the right to log off accounts that are inactive for a period of time. You further acknowledge that Great Lakes Marinas reserves the right to modify these general practices and limits at any time.
10. MODIFICATIONS TO GREAT LAKES MARINAS SERVICES
Great Lakes Marinas reserves the right at any time to make modifications or discontinue, temporarily or permanently, the Great Lakes Marinas Services (or any part thereof) with or without notice. You agree that Great Lakes Marinas shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Great Lakes Marinas Services (or any part thereof).
11. TERMINATION
You may terminate your Great Lakes Marinas membership, and access to the Great Lakes Marinas Services by submitting such termination request to Great Lakes Marinas contact form.
You agree that Great Lakes Marinas may, without prior notice, immediately terminate, limit your access to or suspend your Great Lakes Marinas access or membership, and access to the Great Lakes Marinas Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TAC or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Great Lakes Marinas Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Great Lakes Marinas Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Great Lakes Marinas sole discretion and that Great Lakes Marinas shall not be liable to you or any third party for any termination of your account, or access to the Great Lakes Marinas Services.
Termination of your Great Lakes Marinas access or membership includes any or all of the following: (a) removal of access to all or part of the offerings within the Great Lakes Marinas Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Great Lakes Marinas Services.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Great Lakes Marinas Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Great Lakes Marinas shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Great Lakes Marinas Services.
13. LINKS
The Great Lakes Marinas Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Great Lakes Marinas is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Great Lakes Marinas 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. GREAT LAKES PROPRIETARY RIGHTS
You acknowledge and agree that the Great Lakes Marinas Services and any necessary software used in connection with the Great Lakes Marinas Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Great Lakes Marinas Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Great Lakes Marinas or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Great Lakes Marinas Services, such Content or the Software, in whole or in part.
Great Lakes Marinas grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single electronic device or computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Great Lakes Marinas Services. You agree not to access the Great Lakes Marinas Services by any means other than through the interface that is provided by Great Lakes Marinas for use in accessing the Great Lakes Marinas Services.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE GREAT LAKES MARINAS SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE GREAT LAKES MARINAS SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GREAT LAKES MARINAS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- GREAT LAKES MARINASAND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE GREAT LAKES MARINAS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE GREAT LAKES MARINAS SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GREAT LAKES MARINAS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE GREAT LAKES MARINAS SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GREAT LAKES MARINAS SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GREAT LAKES MARINASOR THROUGH OR FROM THE GREAT LAKES MARINAS SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE GREAT LAKES MARINASSERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE GREAT LAKES MARINASSERVICE. IMMEDIATELY DISCONTINUE USE OF THE GREAT LAKES MARINAS SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE GREAT LAKES MARINASSERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GREAT LAKES MARINASAND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GREAT LAKES MARINASHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE GREAT LAKES MARINAS SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GREAT LAKES MARINAS SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE GREAT LAKES MARINASSERVICE.
17. TRADEMARK INFORMATION
You agree that all of Great Lakes Marinas trademarks, trade names, service marks and other Great Lakes Marinas logos and brand features, and product and service names are trademarks and the property of Great Lakes Marinas ("Great Lakes Marinas Marks"). Without Great Lakes Marinas prior permission, you agree not to display or use in any manner the Great Lakes Marinas Marks.
18. GENERAL INFORMATION
Entire Agreement. The TAC constitutes the entire agreement between you and Great Lakes Marinas and governs your use of the Great Lakes Marinas Services, superseding any prior version of this TAC between you and Great Lakes Marinas with respect to the Great Lakes Marinas Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Great Lakes Marinas services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Great Lakes Marinas each agree that the TAC and the relationship between the parties shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TAC, or the relationship between you and Great Lakes Marinas, shall be brought exclusively in the courts located in the county of Toledo, Ohio. You and Great Lakes Marinas agree to submit to the personal jurisdiction of the courts located within the county of Toledo, Ohio, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Great Lakes Marinas to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Great Lakes Marinas membership is non-transferable and any rights to your Great Lakes Account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Great Lakes Marinas Services or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TAC are for convenience only and have no legal or contractual effect.
19. VIOLATIONS
Please report any violations of the TAC to Great Lakes Marinas at www.GreatLakesMarinas.com