Terms of Service
Last Updated: March 31, 2023
Introduction
The Terms and Conditions (“Terms”)
describe how Hit Orders LLC in Texas (“Company,” “we,” and “our”) regulates
your use of this website http://Time4Boats.com (the “Website”). Please
read the following information carefully to understand our practices regarding
your use of the website. The Company may change the Terms at any time. The
Company may inform you of the changes to the Terms using the available means of
communication. The Company recommends you to check the website frequently to
see the actual version of the Terms and their previous versions.
If you represent a legal
entity, you certify that you are entitled by such a legal entity to conclude
the Terms as the legal entity you represent.
Privacy Policy
Our Privacy Policy is
available on a separate page. Our Privacy Policy explains to you how we process
information about you. You shall understand that through your use of the
website you acknowledge the processing of this information shall be undertaken
in accordance with the Privacy Policy.
Your Account
When using the website, you
shall be responsible for ensuring the confidentiality of your account, password
and other credentials and for secure access to your device. You shall not
assign your account to anyone. The Company is not responsible for unauthorized
access to your account that results from misappropriation or theft of your
account. The Company may refuse or cancel service, terminate your account, and
remove or edit content.
The Company does not
knowingly collect personal data from persons under the age of 16 (sixteen). If
you are under 16 (sixteen) years old, you may not use the website and may not
enter into the Terms under any circumstances.
Services
The website allows you to
use Services available on the website. You shall not use the services for the
illegal aims.
We may, at our sole
discretion, set fees for using the website for you. All prices are published
separately on relevant pages on the website. We may, at our sole discretion, at
any time change any fees.
We may use certified
payment systems, which also may have their commissions. Such commissions may be
implied on you when you choose a particular payment system. Detailed
information about commissions of such payment systems may be found on their
websites.
Third Party Services
The website may include
links to other websites, applications, and platforms (hereinafter the "Linked
Sites").
The Company does not
control the Linked Sites, and shall not be responsible for the content and
other materials of the Linked Sites. The Company makes these links available to
you for providing the functionality or services on the website.
Prohibited Uses and Intellectual Property
The Company grants you a
non-transferable, non-exclusive, revocable license to access and use the
website from one device in accordance with the Terms. You shall not use the
website for unlawful or prohibited purpose. You may not use the website in a
way that may disable, damage, or interfere in the website.
All content present on the
website includes text, code, graphics, logos, images, compilation, software
used on the website (hereinafter and hereinbefore the "Content").
The Content is the property of the Company or its contractors and protected by
intellectual property laws that protect such rights. You agree to use all
copyright and other proprietary notices or restrictions contained in the
Content and you are prohibited from changing the Content.
You may not publish,
transmit, modify, reverse engineer, participate in the transfer, or create and
sell derivative works, or in any way use any of the Content. Your enjoyment of
the website shall not entitle you to make any illegal and disallowed use of the
Content, and in particular you shall not change proprietary rights or notices
in the Content. You shall use the Content only for your personal and
non-commercial use. The Company does not grant you any licenses to the
intellectual property of the Company.
The Company Materials
By posting, uploading, inputting,
providing or submitting your Content you are granting the Company to use your
Content in connection with the operation of Company's business including, but
not limited to, the rights to transmit, publicly display, distribute, publicly
perform, copy, reproduce, and translate your Content; and to publish your name
in connection with your Content.
No compensation shall be
paid with regard to the use of your Content. The Company shall have no
obligation to publish or enjoy any Content you may send us and may remove your
Content at any time.
By posting, uploading,
inputting, providing or submitting your Content you warrant and represent that
you own all of the rights to your Content.
Disclaimer of Certain Liabilities
The information available
via the website may include typographical errors or inaccuracies. The Company
shall not be liable for these inaccuracies and errors.
The Company makes no
representations about the availability, accuracy, reliability, suitability, and
timeliness of the Content contained on and services available on the website.
To the maximum extent allowed by the applicable law, all such Content and
services are provided on the "as is" basis. The Company disclaims all
warranties and conditions regarding this Content and services, including
warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent
permitted by the applicable law, in no event shall the Company be liable for
any direct, indirect, incidental, consequential, special, punitive damages
including, but not limited to, damages for loss of enjoyment, data or profits,
in the connection with the enjoyment or execution of the website in the context
of the inability or delay to enjoy the website or its services, or for any
Content of the website, or otherwise arising out of the enjoyment of the
website, based on contract and non-contract liability or other reason.
If the exclusion or
limitation of liability for damages, whether consequential or incidental, are
prohibited in a particular case, the exclusion or limitation of liability shall
not apply to you.
Indemnification
You agree to indemnify,
defend and hold harmless the Company, its managers, directors, employees,
agents, and third parties, for any costs, losses, expenses (including attorneys'
fees), liabilities regarding or arising out of your enjoyment of or inability
to enjoy the website or its services and Company’s services and products, your
violation of the Terms or your violation of any rights of third parties, or
your violation of the applicable law. The Company may assume the exclusive
defense and you shall cooperate with the Company in asserting any available
defenses.
Termination and Access Restriction
The Company may terminate
your access and account to the website and its related services or any part at
any time, without notice, in case of your violation of the Terms.
Miscellaneous
The governing law of the
Terms shall be the substantive laws of the country where the Company is set up,
except the conflict of laws rules. You shall not use the website in
jurisdictions that do not give effect to all provisions of the Terms.
No joint venture,
partnership, employment, or agency relationship shall be implied between you
and the Company as a result of the Terms or use of the website.
Nothing in the Terms shall
be a derogation of the Company's right to comply with governmental, court,
police, and law enforcement requests or requirements regarding your enjoyment
of the website.
If any part of the Terms is
determined to be void or unenforceable in accordance with applicable law then
the void or unenforceable clauses will be deemed superseded by valid and
enforceable clauses shall be similar to the original version of the Terms and
other parts and sections of the Terms shall be applicable to you and the
Company.
The Terms constitute the
entire agreement between you and the Company regarding the enjoyment of the
website and the Terms supersede all prior or communications and offers, whether
electronic, oral or written, between you and the Company.
The Company and its
affiliates shall not be liable for a failure or delay to fulfill its
obligations where the failure or delay results from any cause beyond Company's
reasonable control, including technical failures, natural disasters, blockages,
embargoes, riots, acts, regulation, legislation, or orders of government,
terroristic acts, war, or any other force outside of Company's control.
In case of controversies,
demands, claims, disputes, or causes of action between the Company and you
relating to the website or other related issues, or the Terms, you and the
Company agree to attempt to resolve such controversies, demands, claims,
disputes, or causes of action by good faith negotiation, and in case of failure
of such negotiation, exclusively through the courts of the country where the
Company is set up.
Complaints
We are committed to resolve
any complaints about our collection or use of your personal data. If you would
like to make a complaint regarding this Terms or our practices in relation to your
personal data, please contact us through our website. We will reply to your
complaint as soon as we can and in any event, within 30 days. We hope to
resolve any complaint brought to our attention, however if you feel that your
complaint has not been adequately resolved, you reserve the right to contact
your local data protection supervisory authority.
Contact Information
We welcome your comments or
questions about our Terms. You may contact us through the contact information
available on our website.