PacificNorthwestBoating Website Owners Terms and Conditions
These terms are incorporated into each agreement entered into between PacificNorthwestBoating.com and the website owner whether or not the website request, email or any other document which the customer signs either in person or by electronic signature makes reference to these terms.
Terms of payment
Security for all personally identifiable information associated with our website owners is of great importance to us. We have taken great care in selecting our credit card / payments processing partner.
Payments are to be made through PayPal, a 3rd Party online payment system.
Website owners pay in advance using the online system. Websites will only be displayed for the period paid for in advance.
All payments to PacificNorthwestBoating.com shall be made in US Dollars.
In the event of late or non payment PacificNorthwestBoating.com reserves the right to suspend the Website.
The PacificNorthwestBoating.com website contains hypertext links to PayPal for the processing of your credit card payment over a secure server. We do not control and are not responsible for any services provided by PayPal. We do not accept any liability for any loss or damage you may suffer as a result of using PayPal.
Cancellation Policy: For monthly payment options, cancellation may be made with a one month notice after the initial 6 month contract period. Yearly or six month term payments cannot be cancelled for the term paid for in advance.
All websites are accepted subject to provisions of the current rate. Rates are subject to change upon notice from PacificNorthwestBoating.com. In the event of a rate increase during the period of an advance payment, the website owner will have the option to cancel (notice to PacificNorthwestBoating.com one month before end of term) at the end of the advance payment without penalty or continue the order at the revised rate.
Acceptance of hosting and administering website is subject to space availability at time of request.
PacificNorthwestBoating.com reserves the right to re-design parts of or the entire website without prior notice.
The practice of deep linking may be necessary, thus enabling visitors to by-pass your home page to visit specific areas of your website directly.
All contents of websites are subject to PacificNorthwestBoating.com approval. PacificNorthwestBoating.com reserves the right to reject or cancel any website commitment at any time, or remove any website page controlled by PacificNorthwestBoating.com, or reject any URL link embodied within any website at its sole discretion. The placing of any of the above is an acceptance of these conditions.
By placing this order you are requesting that your website appear on our website. This means that the website including all images and text can be viewed by all persons with Internet access throughout the world. You consent to the publication of your data in this way.
PacificNorthwestBoating.com does not undertake to review the contents of any website and any such review of and approval by PacificNorthwestBoating.com shall not be deemed to constitute an acceptance by PacificNorthwestBoating.com that such website is provided in accordance with the terms of this agreement nor shall it constitute a waiver of PacificNorthwestBoating.com rights hereunder. PacificNorthwestBoating.com makes no warranty, express or implied, as to the accuracy of any website. In the event that any website is inaccurate, the website owner’s sole remedy is for PacificNorthwestBoating.com to remedy such inaccuracy as soon as possible after being notified of the inaccuracy by the website owner.
Website Owner Representations:
The website owner warrants and represents to PacificNorthwestBoating.com that:
They have the right to publish the contents of the website, without infringement of any rights of any third party including, without limitation, intellectual property rights;
They have complied with any codes of practice in respect to electronic and on-line advertising and all other relevant industry codes of practice;
The website owner agrees to indemnify PacificNorthwestBoating.com forthwith on demand and hold PacificNorthwestBoating.com harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by PacificNorthwestBoating.com in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading information or practices) arising from the website and/or any material to which users can link through to.
The website owner will defend or settle at its own expense any action or other proceedings brought against PacificNorthwestBoating.com that relates to the website and/or any material of the website owner to which users can link through to.
The website owner shall pay any and all costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by PacificNorthwestBoating.com in any such action or proceedings.
Placing the Order
All websites requires a signed email order and a signed emailed acceptance. A website will not be deemed to be accepted until the owner has been sent an acceptance of the website email from PacificNorthwestBoating.com.
The website owner must notify PacificNorthwestBoating.com as soon as is reasonable by email of any inaccuracy or changes that need to be made.
On receipt of notification of payment to PacificNorthwestBoating.com (by making a payment it is implicit that you have read and agreed to these terms and conditions), PacificNorthwestBoating.com will notify the website owner by email that their website is being developed and should be live within five business days or as soon thereafter as is possible.
The agreed contract duration will begin from receipt of payment from the website owner.
Limitation of Liability
Limitation of Liability: PacificNorthwestBoating.com will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- Any loss of goodwill or reputation; or any special or indirect or consequential losses;
- In any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred, suffered or incurred by a party arising out of or in connection with the provisions of any matter under these terms and conditions. In particular, and without limitation, the website owner acknowledges that PacificNorthwestBoating.com will not be liable for such losses whether arising from a failure to publish a website or update, or from the inaccuracy of any data contained in any website or update (whether such inaccuracy arises from any action, or failure to act, of PacificNorthwestBoating.com, the website owner or a third party).
The website owener acknowledges that any website is provided on an “as is” and “as available” basis without any representation or endorsement. PacificNorthwestBoating.com makes no warranties of any kind, whether express or implied, in relation to such websites, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the website will meet any requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or are fully functional, accurate, or reliable.
No conditions other than those set forth in the rates displayed shall be binding on PacificNorthwestBoating.com unless specifically agreed to in writing by PacificNorthwestBoating.com.
No conditions other than those set forth in the email order or this shall be binding unless expressly agreed to in writing. In the event of any inconsistency between the email order and this Agreement, this Agreement shall prevail.
These terms and conditions (as amended from time to time) together with any document expressly referred to in any of the terms, contains the entire agreement between the parties relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or verbal, between the parties in relation to such matters. No verbal explanation or verbal information given by any party shall alter the interpretation of these terms and conditions.
The invalidity, illegality or unenforceability of any provision of these terms and conditions shall not affect or impact the continuation in force of the remainder of these terms and conditions.
Nothing in these terms and conditions shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
These terms and conditions shall be governed by and construed in accordance with U.S. law and the parties hereby submit to the non-exclusive jurisdiction of the U.S courts in respect of any dispute or matter arising out of or connected with these terms and conditions.