Innovative Marine Terms of Use

Last Revised May 1, 2020

Yimco, Inc., the parent corporation of Innovative Marine (collectively “we”, “us”, the “Company”) welcomes you to its website, http://www.innovative-marine.com (the “Site”). Use of the Site or other Yimco, Inc. websites is subject to the following Terms of Use (“Terms”), together with the Terms of Sale and Privacy Policy.

1. ACCEPTANCE OF TERMS OF USE

 

By accessing and using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms, including the Terms of Sale and Privacy Policy, which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Site or any of its content.

YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENT IS SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE, TERMS OF SALE, AND INNOVATIVE MARINE’S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms. Any material changes in these Terms take effect upon posting and apply only to your use of the Site and information collected from you on and after Last Revised date, unless we have other communications with you.

Innovative Marine may make changes to the Site, content, products, services or features of the Site at any time. You understand and agree that Innovative Marine may discontinue or restrict your use of the Site at any time for any reason or no reason with or without notice.

2. PERMITTED USERS OF THE SITE

In consideration of your use of the Site, you represent that you are of an age to form a legally binding contract and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction.

The Site is directed to visitors 18 years of age or older. Innovative Marine and the Site do not knowingly collect information from children under age 18. If you provide information to Innovative Marine through the Site, you represent that you are 18 years of age or older. If you are under 18 years of age, when you visit, browse, use, or submit personal information to the Site, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf.  If you are a minor, you should use this service in conjunction with a parent or guardian.  If you are a parent or guardian and believe Innovative Marine may have inadvertently collected personal information from your child, please notify Innovative Marine immediately by sending an email to Info@Innovative-Marine.com detailing the basis of your belief and your request.

 

3. PRIVACY POLICY

Please review the Privacy Policy for the Site, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to use the Site.

 

4. TERMS OF SALE

 

Please review the Terms of Sale for the Site, which is incorporated in these Terms. If you do not agree with the Terms of Sale, you are not authorized to use the Site.

5. PERMITTED USES

The content available through the Site, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials (the “Content”) is the sole and exclusive property of Yimco, Inc../Innovative Marine, its licensors, or other content providers.

The Content is made available for your personal, noncommercial use. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content.  Any use of the Site or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.

Special terms may apply to some products, services or features offered on the Site, or to any events, promotions, sweepstakes, contests, surveys, questionnaires, or other activities (collectively, “Activities”) that may be offered on the Site or offline. Such special terms or rules (which may include official rules and expiration dates) may be posted in connection with the applicable Activity. By participating in any Activity you will become subject to those terms or rules. We urge you to read the applicable terms or rules which are linked from the particular Activity, and to review our Privacy Policy which, as part of these Terms, governs any information you submit in connection with such Activities. Any special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms or rules shall prevail over these Terms.

6. PROPRIETARY RIGHTS

You acknowledge and agree that, as between Innovative Marine and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Innovative Marine, or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws.

Copyright: All Content is the copyright and property of Yimco, Inc. (the parent corporation of Innovative Marine) or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Site or the Content other than as expressly authorized by Innovative Marine in writing.

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to Innovative Marine or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors. Third party trademarks referenced in the Site do not constitute or imply affiliation with, endorsement, or recommendation of Innovative Marine by the respective trademark owners, or by Innovative Marine of the respective trademark owners. Without limitation, Innovative Marine and the Innovative Marine Design are trademarks registered in the United States Patent and Trademark Office and owned by Innovative Marine and/or its licensors. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through the use of the Platform or content.

7. ACCOUNT PASSWORD AND SECURITY


The Site may contain features that require registration of a username and password. If so, you are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Innovative Marine of any unauthorized use of your password or account or any other breach of security. Innovative Marine is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section.

8. YOUR INDEMNITY OF INNOVATIVE MARINE

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS INNOVATIVE MARINE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS OR SPONSORS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SITE OR ANY CONTENT, PRODUCTS, SERVICES, BRANDS, OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE SITE OR INNOVATIVE MARINE, OR YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITE OR INNOVATIVE MARINE; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF INNOVATIVE MARINE OR ANY THIRD PARTY; OR (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY.

9. LINKS TO OTHER WEBSITES

The Site may contain advertisements, postings and links to websites operated by other parties. From time to time, Innovative Marine may link to or partner with third-party websites, social media platforms, mobile apps and other products and services. The Site provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive.  The advertisements, postings and linked sites are not under the control of Innovative Marine which is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply Innovative Marine’s endorsement of information, material, products, services or opinions of any other party or any other website, or by any other party of Innovative Marine. Innovative Marine disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Innovative Marine is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of, interaction or reliance on any content available on or through any other site or resource.

10. MODIFICATIONS, SUSPENSION AND TERMINATION

Innovative Marine reserves the right, at its sole discretion, immediately and without notice, to modify, suspend, discontinue, or terminate any Innovative Marine Site, Content, member program, product, Activities, or service or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that Innovative Marine shall not be liable to you or any third party for any such suspension, discontinuance or termination.

Innovative Marine may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Innovative Marine, subject to applicable law. You understand and agree that some of your content, particularly that which is displayed in an activity or in other public places on the Platform, may continue to appear even after your account is terminated. These Terms remain in effect even after your account is terminated or you have stopped using the Platform.

11. DISCLAIMERS AND LIMITATION OF LIABILITY

THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INNOVATIVE MARINE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK.

INNOVATIVE MARINE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INNOVATIVE MARINE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE OR THE CONTENT, EVEN IF INNOVATIVE MARINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

12. NOTICE REQUIRED BY CALIFORNIA LAW

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The name, address and telephone number of the provider of this service is Innovative Marine, 16026 Carmenita Road, Cerritos, CA 90703, 1-866-368-7941. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to info@innovative-marine.com

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

13. GOVERNING LAW AND DISPUTES

You agree that any dispute between you and Innovative Marine arising out of or relating to these Terms of Use, Terms of Sale, the Privacy Policy, the Site or its Content will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against Innovative Marine. The laws of the State of California, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. Any arbitration will be administered by the American Arbitration Association and will take place in Los Angeles County, California, U.S.A., and must be commenced within six (6) months after the dispute arises or any claim arising from the dispute shall be barred.

The Site is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Innovative Marine does not represent that the Site or Content is appropriate outside the United States of America. Innovative Marine reserves the right to limit the availability of the Site for any person, geographic area or jurisdiction at any time in its sole discretion.

 

14. ELECTRONIC COMMUNICATIONS

 

By using the Platform, you agree to receive certain electronic communication form Innovative Marine, subject to applicable law. You agree that any notice, agreement, disclosure or other communication that Innovative Marine sends you electronically will satisfy any legal communication requirements, including that such communication in writing.

 

15. MISCELLANEOUS

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Innovative Marine’s failure to act with respect to any failure by you or others to comply with these Terms does not waive Innovative Marine’s right to act with respect to subsequent or similar failures. These Terms of Use, together with the Terms of Sale and Privacy Policy, set forth the entire understanding and agreement between you and Innovative Marine with respect to the subject matter hereof. Any cause of action or claim you may have with respect to these Terms or the Site must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Innovative Marine, and any assignment or transfer in violation of this provision shall be null and void. Innovative Marine reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Site, including without limitation the right to block access from a particular internet address.

 

16. USER REVIEWS, COMMENTS AND SUBMISSIONS

 

Innovative Marine welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow Innovative Marine to feature, such as your name, social media handle, accompanying text, and any images from your social media accounts (e.g. Twitter™, Instagram™, Facebook™) as long as the user content submitted by you complies with our Terms and Conditions.  Innovative Marine may ask for or allow you to communicate, submit, upload or otherwise make available text, chats, images, designs, sketches, photos, audio, video, interactive features, articles, news stories, animation, stickers, contest entries or other content (“User Generated Content”), which may be accessible and viewable by the public.

You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party; including copyright, trademark, patents, trade secrets and privacy or publicity rights; will not cause injury to any person or entity; and will not contain or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam” or any material that could be considered harmful, sexually explicit, indecent, lewd, violet, abusive, or degrading.  You are solely responsible for the user content you submit, and Innovative Marine assumes no liability for any user content submitted by you.  You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission to any third party.  For any User Content, feedback or idea you submit, you grant Innovative Marine a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free worldwide license, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, without compensation to you.  You grant Innovative Marine the right to include the name provided along with the User Content submitted by you; provided, however, Innovative Marine shall have no obligation to include such name with such User Content.  We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit.  You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

 

17. CONTESTS, SWEEPSTAKES AND PROMOTIONS

 

Contests, sweepstakes and other similar promotions that you enter on Innovative-Marine.com or Innovative Marine’s social media Sites or in connection with Innovative Marine integrated with a third-party website, service, application, platform, and/or content (“Innovative Marine Promotions”) may be subject to official rules and/or conditions that are supplemental to this Agreement, and which may provide details governing the Innovative Marine Promotion such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in any Innovative Marine Promotion, please first review the applicable Promotion official rules and/or conditions. If an Innovative Marine Promotion’s official rules and/or conditions conflict with this Agreement, the provisions contained in the official rules and/or conditions govern and control the Innovative Marine Promotion. Your entry in to an Innovative Marine Promotion constitutes User Generated Content and is subject to all provisions of this Agreement that govern your submission and our use of your User Generated Content.

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