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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