Terms of Use

Sunshine Boating Group, LLC Terms of Use

PLEASE READ THE TERMS OF USE BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU
DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

General

. This site is owned and operated by Sunshine Boating Group, LLC (commonly referred to

as "Sunshine Boating").

SUNSHINE BOATING has the right at any time to change or discontinue any aspect

or feature of the site, including, without limitation,

the content, hours of availability, and equipment needed

for access or use of the site.

Equipment.

You shall be responsible for obtaining and maintaining all telephone, computer

hardware and other equipment

needed for access to and use of the site and all charges related thereto.

Restrictions on Use

A. You shall use the site for lawful purposes only. You shall not post or transmit through the site any

material which violates or

infringes in any way upon the rights of others, which is unlawful, threatening,

abusive, defamatory, invasive of privacy or publicity rights,

vulgar, obscene, profane or otherwise

objectionable, which encourages conduct that would constitute a criminal offense, gives rise to

civil liability

or otherwise violate any law. Without SUNSHINE BOATING's express prior approval, you shall not post or

transmit through

the site any material which contains advertising or any solicitation with respect to products

or services. You shall not use the site to

advertise or perform any commercial solicitation, including, without

limitation, the solicitation of users to become subscribers of other

on-line information services competitive

with the site. Any conduct by you that in SUNSHINE BOATING's discretion restricts or inhibits

any other user

from using or enjoying the site will not be permitted.

B. The site contains copyrighted material, trademarks and other proprietary information, including,

without limitation, text, software;

photos, video, graphics, music and sound, and the contents of the site are

copyrighted under the United States copyright laws. You may

not modify, publish, transmit, display,

participate in the transfer or sale, create derivative works, or in any way exploit, any of the content,

in whole

or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution,

retransmission, publication

or commercial exploitation of downloaded material will be permitted without the

express written permission of SUNSHINE BOATING

and the copyright owner. In the event of any permitted

copying, redistribution or publication of copyrighted material, no changes in or

deletion of author

attribution, trademark legend or copyright notice shall be made and no ownership rights shall be

transferred.

C. You shall not e-mail, upload, post or otherwise make available on the site any material protected by

the copyright, trademark, or

other proprietary right without the express permission of the owner of the

of determining that any material is not

protected by copyright rests with you. You shall be solely liable for any damage resulting from

any

infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject

to SUNSHINE BOATING's

policies regarding privacy, any e-mails, notes, message/billboard/forum postings,

ideas, suggestions, concepts or other material

submitted will be treated as non-confidential and non-

proprietary and will become the property of SUNSHINE BOATING throughout the

universe. By submitting

material to SUNSHINE BOATING, you automatically grant, or warrant that the owner of such material has

expressly granted SUNSHINE BOATING the royalty-free, worldwide, perpetual, irrevocable, non-exclusive

right and license to use,

reproduce, modify, adapt, publish, display, translate and distribute such material

(in whole or in part) and/or to incorporate it in other

works in any form, media or technology now known or

hereafter developed. You also permit any other user of the site to access, view,

and store or reproduce the

material for that user's personal use. You grant SUNSHINE BOATING the right to edit, copy, display, publish

and distribute any materials made available on the site by you.

D. The foregoing provisions of Section 3 are for the benefit of SUNSHINE BOATING, its subsidiaries,

affiliates and its third party

content providers and licensors and each shall have the right to assert and

enforce such provisions directly or on its own behalf.

Disclaimer of Warranty; Limitation of Liability.

A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER SUNSHINE

BOATING, ITS

AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY

CONTENT PROVIDERS OR LICENSORS

WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR

ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE

RESULTS THAT MAY BE OBTAINED

FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO

THE

ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED

THROUGH THE SITE.

B. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER

EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR

A PARTICULAR PURPOSE, OTHER THAN

THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,

RESTRICTION OR

MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE

RESULTS OBTAINED FROM THE USE OF THE SITE.

C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY

FAILURE OF PERFORMANCE,

ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT,

DELAY IN OPERATION OR TRANSMISSION, COMPUTER

VIRUS, COMMUNICATION LINE FAILURE, THEFT

OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE

OF THIS SITE,

WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY),

NEGLIGENCE, OR

UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE

BY LAW. THIS DOES NOT AFFECT ANY

STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU

SPECIFICALLY ACKNOWLEDGE THAT SUNSHINE BOATING IS NOT

LIABLE FOR THE DEFAMATORY,

OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS

CONTROL.

D. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL SUNSHINE BOATING'S

TOTAL LIABILITY TO YOU

FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN

CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR

UNDER ANY OTHER LEGAL THEORY

(INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR

ACCESSING THIS

SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.

Monitoring

. SUNSHINE BOATING shall have the right in its sole discretion to refuse to post or

remove any material submitted to

or posted on the site. Without limiting the foregoing, SUNSHINE BOATING

shall have the right to remove any material that SUNSHINE

BOATING, in its sole discretion, finds to be in

violation of the provisions hereof or otherwise objectionable.

Indemnification

. You agree to defend, indemnify and hold harmless SUNSHINE BOATING and its

affiliates and their respective

directors, officers, employees and agents from and against any and all claims,

actions, demands, damages, costs, liabilities, losses and

expenses (including reasonable attorneys' fees)

arising out of your use of the site.

Trademarks

. SUNSHINE BOATING and their logos are trademarks of SUNSHINE BOATING GROUP,

other trademarks appearing on the site are the property of their respective

owners.

Third Party Content

. SUNSHINE BOATING is not a publisher of content supplied by third parties and

users of the site.

Accordingly, SUNSHINE BOATING has no more editorial control over such content than

does a public library, bookstore, or newsstand.

Any opinions, advice, statements, services, offers, or other

information or content expressed or made available by third parties, including

information providers and

users, are those of the respective author(s) or distributor(s) and not of SUNSHINE BOATING. In many

instances,

the content available through the site represents the opinions and judgments of the respective

information provider or user. SUNSHINE

BOATING neither endorses nor is responsible for the accuracy or

reliability of any opinion, advice or statement made on the site by

anyone other than authorized SUNSHINE

BOATING employee spokespersons while acting in their official capacities.

Viruses

. SUNSHINE BOATING also assumes no responsibility, and shall not be liable for, any

damages to, or viruses that may

infect, your computer equipment or other property on account of your

access to, use of, or browsing in the Site or your downloading of

any materials, data, text, images, video, or

audio from the Site.

10.

Export Control.

Software and other materials from this Site may also be subject to United States

Export Control. The United

States Export Control laws prohibit the export of certain technical data and

software to certain territories. No software from this Site may

be downloaded or exported (1) into (or to a

national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to

which the Unites

States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially

Designated

Nationals or the U.S. Commerce Department's Table of Deny Orders. SUNSHINE BOATING

does not authorize the downloading or

exportation of any software or technical data from this Site to any

jurisdiction prohibited by the United States Export Laws.

11.

Business Associates

. The business associates of SUNSHINE BOATING identified on this Site are

independent contractors of

SUNSHINE BOATING. The business associates are not joint venturers or

partners of SUNSHINE BOATING. No employee or

representative of the business associates is under the

control of SUNSHINE BOATING.

12.

Changed Terms

. SUNSHINE BOATING has the right at any time to change or modify the terms and

conditions applicable to

use of the site, or any part thereof, or to impose new conditions, including, without

limitation, adding fees and charges for use. Such

changes, modifications, additions or deletions shall be

effective immediately upon notice thereof, which may be given by any means

including, without limitation,

posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by

you

after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or

deletions.

13.

Miscellaneous

. These terms of use constitute the entire agreement of the parties with respect to

the subject matter hereof and

supersede all previous written or oral agreements between the parties with

respect to such subject matter. These terms of use shall be

construed in accordance with the laws of the

State of Florida, without regard to its conflict of laws rules. You hereby consent to the

personal jurisdiction

of the State of Florida, Broward County, and acknowledge that venue is proper in any state or Federal

court in the

State of Florida, agree that any action related to these terms of use must be brought in a state

or Federal court in the State of Florida,

Broward County, and waive any objection that may exist, now or in

the future, with respect to any of the foregoing. No waiver by either

party of any breach or default

hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section

headings used herein are for convenience only and shall not be given any legal import.

14. The SUNSHINE BOATING Web site incorporates links to other Web sites. SUNSHINE BOATING

does not in any way endorse,

nor is it responsible for, the content on those other Web sites.

Sunshine Boating Group, LLC
(305) 970-2031 info@sunshineboating.com