General terms & conditions Disclaimer

The “Website” includes all webpages, content, information, software, applications, and all other functionality available via your web browser at https://www.texomaboatsandoars.com/ and boats-oars.shoplightspeed.com. The Website and all other services offered by us from time to time, including, without limitation, email, messaging, and all other automated and online services provided by Boats & Oars, LLC. are referred to herein collectively as the “Services.” The Services also include services rendered by us in-person or by phone. You, as a visitor to and/or user of any of the Services, along with any company and/or other person that you represent are referred to herein collectively as “you” and “your.”

 

Payment Policy: All provisions of our Payment, Shipping, and Return policies available (“Payment Policy”), are a part of these Terms of Use, as if they were fully duplicated herein.

Privacy Policy: All provisions of our Privacy Policy, available via (“Privacy Policy”), are part of these Terms of Use, as if they were fully duplicated herein.

 

Your access to and use of the Services is conditioned upon your acceptance of and compliance with each of:

All of the Payment Policy, Privacy Policy, and these Terms of Use are referred to collectively herein as the “Terms.” The Terms apply to all visitors, users, and others who access or use any of the Services. BY CONTINUING TO VIEW, ACCESS, OR USE OUR WEBSITE OR ANY OTHER SERVICES, YOU CONSENT TO OUR POLICIES AND PRACTICES DESCRIBED IN THE TERMS. IF YOU DO NOT CONSENT OR AGREE WITH ANYTHING IN THE TERMS, YOU MUST IMMEDIATELY CEASE ACCESSING AND/OR USING THE WEBSITE AND ALL OTHER SERVICES.

Generally: When you register for or create an online account with us (“Account”), you represent, warrant, and guarantee that you are above the age of eighteen (18) years, and that all of the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account.

You are responsible for maintaining the confidentiality of your Account along with any username and/or password that you create or that we may assign to you (collectively, “Credentials”), and are prohibited from sharing your Credentials with any third party.

YOU ACCEPT FULL RESPONSIBILITY FOR ANY ACTIONS OR INACTIONS BY PERSONS TO WHOM YOU GRANT ACCESS TO YOUR ACCOUNT. FURTHERMORE, YOU AGREE TO ACCEPT RESPONSIBILITY FOR ANY AND ALL ACTIVITIES OR ACTIONS THAT OCCUR UNDER YOUR ACCOUNT AND/OR CREDENTIALS. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account, Credentials, or the Services. If you do not notify us, we may be prevented from implementing measures to protect the integrity, availability, and confidentiality of the Services for you and other users.

 

Termination: You may request the termination of your Account by emailing termination. Please allow no fewer than thirty (30) days for us to respond to any request via email. We reserve the right to retain a copy of any and all information associated with your account in our sole discretion, as permitted by any applicable laws and regulations. Further, we reserve the right to verify your identity as permitted by any applicable laws and regulations prior to fulfilling any request for termination.

We may terminate or suspend your Account and prevent access to the Services immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including, but not limited to, a breach of these Terms.

 

The Website contains various types of intellectual property, including, photographs, graphics, text, logos, trademarks, trade names, and others that are either owned by Boats & Oars, LLC. or used with permission. We encourage you to forward links to our Website and via social media for the purpose of recommending our company, products, and/or services to others, without any further permission from us. However, all other copying, reproduction, and/or distribution of any intellectual property available via the Services is strictly prohibited, without our prior written consent.

 

The products available from Boats & Oars, LLC. will vary without notice from time to time. Although we make an effort to provide current product information, descriptions, and availability on the Website and in our other marketing materials, we cannot guarantee that any of this information will be entirely accurate or current. Additionally, the appearance of the colors and materials of any item may vary from their true appearance based on the settings of your particular website browsing device. All technical specifications, dimensions, colors, and materials are provided to assist potential customers with their purchase decisions but are not binding. Please contact a representative of Boats & Oars, LLC. to verify product information, descriptions, specifications, dimensions, colors, materials, and availability. YOU ASSUME ALL RISK FOR AND BOATS AND OARS, LLC SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL, CAUSED, DIRECTLY OR INDIRECTLY, BY ANY ERRORS, OMISSIONS, CONTENT, OR INACCESSIBILITY OF INFORMATION PROVIDED VIA THE WEBSITE.

By providing any information or other content to Boats & Oars, LLC., whether directly or by communicating, uploading, or posting to any of our social media accounts and pages, you represent and warrant that all such information and content is owned by you, accurate, complete, and that your provision of the information and content does not violate any right of any third party, including, without limitation, intellectual property rights, and others. You agree to promptly inform us of all changes to any information or content that you have previously provided to us, whether directly or by.

 

By providing any information or other content to Boats & Oars, LLC., whether directly or by communicating, uploading, or posting to any of our social media accounts and pages, you represent and warrant that all such information and content is owned by you, accurate, complete, and that your provision of the information and content does not violate any right of any third party, including, without limitation, intellectual property rights, and others. You agree to promptly inform us of all changes to any information or content that you have previously provided to us, whether directly or by.

By providing Content, you represent and warrant that: (i) it is yours (you own it) and/or you have the right to use it and the right to grant us the rights provided for herein, and (ii) that your provision and our display of Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right, but assume no obligation to, immediately terminate, without notice, the Account of anyone found to be infringing on our or any third party’s copyright. Additionally, by providing Content, you expressly consent to our ownership of such Content and our use of it for marketing purposes consistent with our Privacy Policy.

You are solely responsible for the security and privacy of any Content that you disclose, download, or copy, whether provided by you or a third party. We take no responsibility and assume no liability for Content provided by you or any third party. We reserve the right but not the obligation to monitor, edit, or remove any and all Content provided by you or any third party for any reason. We also reserve the right to use, copy, and share any Content provided by you to promote and/or test the integrity, availability, and confidentiality of the Services.

 

Any information, text, graphics, videos, photos, audio, or other material that you do not provide to us and that is available on or through the Services is owned by us or is used with permission (“Boats & Oars, LLC.”). You may not copy, distribute, sell, publish, or otherwise use Boats & Oars, LLC, whether in whole or in part, for commercial purposes or for personal gain, without our written permission in advance.

 

By continuing to use the Services, you agree to abide by all of Boats & Oars, LLC. security policies as communicated to you from time to time, whether such information is provided via the Services, email, mail, telephone, or in person.

 

It is not our intention to market to children. Therefore, we will not knowingly collect, store, transmit, or disclose information about a person under the age of eighteen (18) without the consent of or upon the request of the person’s parent or legal guardian. We reserve the right to immediately delete any and all information provided by persons under the age of eighteen (18), upon discovery and without notice.

We may from time to time provide links to various third party websites, links, content, information, activities, or services via our Website that we do not own or control (collectively, “Third Party Services”). For your information, Third Party Services includes the chat messaging service available via our Website. Information transmitted to and/or received by you via Third Party Services is subject to such third party’s control, ownership, privacy policies, other policies, and terms. Any information transmitted to any Third Party Services via the Services shall also be subject to our Terms.

YOUR ACCESS OR USE OF THIRD PARTY WEBSITES AND/OR SERVICES IS AT YOUR OWN RISK AND BOATS AND OARS, LLC SHALL NOT BE HELD RESPONSIBLE FOR THE CONTENT OR BEHAVIOR OF ANY THIRD PARTY SERVICES.

We have no control over, and assume no responsibility for the content, privacy policies, terms of use, or practices of any third party websites or services. We do not make any warranties regarding the offerings or actions of any of these entities or individuals or their websites or other services. Information that you provide via any Third Party Services may be subject to such third party’s control, ownership, privacy policies, other policies, and terms, in addition to Boats & Oars, LLC policies to the extent permitted by applicable law.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your access or use of, or reliance on any content, action, goods, or services available on or through any such third party websites or services.

For your protection, we strongly advise you to familiarize yourself with the privacy policies and terms of use of any third party websites or services that you visit.

 

The Services employ Secure Socket Layer and/or Transport Layer Security encryption during transmission of certain information, including, without limitation, payment information. You represent and warrant that you will not access or use the Services in violation of any law, rule, or regulation, including, without limitation, any United States law or regulation related to export and/or re-export control. You represent and warrant that you are in full compliance with all such laws, rules, and regulations, in addition to any and all laws, rules, and regulations of any and all other applicable jurisdictions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR COMPLYING WITH THE LAWS OF THE UNITED STATES AND THE LAWS OF THE JURISDICTIONS WHERE YOU ARE LOCATED AND FROM WHICH YOU ACCESS THE SERVICES, INCLUDING, WITHOUT LIMITATION, U.S. EXPORT AND RE-EXPORT LAWS, RULES, AND REGULATIONS.

It is your responsibility to select, acquire, and maintain your own devices and software that are compatible with the Services. However, we may, in our sole discretion, provide customer support as a convenience to you. We reserve the right to cease providing or charge a reasonable fee for customer support, upon our sole determination that your use of our customer support services is excessive.

 

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. We cannot and do not warrant that the Services are compatible with your computer and network systems and/or other devices used to access the Services (collectively, “Devices”), or that the Services will be provided free of viruses, worms, Trojan horse programs, ransomware or other malware, or disabling devices or other code that manifests restrictive, contaminating, or destructive properties (collectively, “Malware”). You are responsible for implementing safeguards to protect the integrity, availability, and confidentiality of your Devices used to access the Services, and all associated information stored thereon, and you are responsible for the entire cost of any investigations, services, replacement, and repairs of and to your Devices and/or any information stored thereon that may be necessary as a result of your use of the Services.

 

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BOATS & OARS, LLC AND ITS RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MANAGERS, AND SHAREHOLDERS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, COSTS AND EXPENSES), RESULTING FROM OR ARISING OUT OF: (A) ANY USE OR ACCESS OF THE SERVICES BY YOU OR ANY PERSON USING YOUR ACCOUNT OR CREDENTIALS, (B) A BREACH OF THESE TERMS, OR (C) YOUR USE OF ANY PRODUCT PROVIDED TO YOU BY ALTAR’D STATE AND ARULA.

The following Limitations of Liability and Disclaimers shall be enforced to the fullest extent allowed by applicable law. In the event that a court of competent jurisdiction shall determine that any of the following Limitations of Liability and/or Disclaimers are unenforceable, such provisions shall be altered to provide the strongest protections to Boats & Oars, LLC that are permissible under applicable law.

 

IN NO EVENT SHALL BOATS AND OARS, LLC, OR ITS EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, AND SHAREHOLDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY VIA THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS TO OR FROM THE SERVICES; AND (E) YOUR USE OF ANY PRODUCT PROVIDED TO YOU BY BOATS AND OARS, LLC, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, OR COURSE OF PERFORMANCE. WE EXPRESSLY DISCLAIM ANY GUARANTEES OR WARRANTIES RELATED TO THE AVAILABILITY, INTEGRITY, SECURITY, AND/OR CONFIDENTIALITY OF THE SERVICES. BOATS & OARS, LLC DOES NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURELY, OR CONFIDENTIALLY, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS IN ANY SERVICES WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF MALWARE (AS DEFINED HEREIN); OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

Assignment: We may transfer or assign any of our rights and obligations under these Terms; however, you may only transfer or assign any of your rights or obligations under these Terms with our express, written consent.

Governing Law and Venue: The Terms shall be governed and construed in accordance with the laws of the State of Tennessee, without regard to any conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Federal and State courts (both trial and appellate) located in Knox County in the State of Tennessee with respect to any and all suits, actions, or other proceedings arising out of or in connection with the Services and/or any product provided by Boats & Oars, LLC. If you have violated or threatened to violate the Terms, we may seek injunctive or other appropriate relief against you; this is in addition to any claims for damages and any and all other rights that we may have to legal remedies whether at law or in equity. You agree to pay all of our costs of enforcement, including reasonable attorney’s fees, costs, and expenses.

No Waiver; Severability: Our failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. If any provision of the Terms is held to be invalid or unenforceable by a court, the remaining provisions of the Terms will remain in effect. The Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.

Third Parties: The Terms govern your interactions with us and shall not be construed as giving rights or obligations to third parties.

No Partnership: You and Boats & Oars, LLC agree that no joint venture, partnership, employment, or agency relationship exists between you and Boats & Oars, LLC as a result of the Terms or your use of the Services.

Survival: All provisions of the Terms which by their nature should reasonably survive termination of any business relationship between Boats & Oars, LLC and you shall survive such termination, including, without limitation, provisions related to ownership, indemnification, limitations of liability, and disclaimers. Your warranty and indemnification obligations shall remain in full force and effect for the longest period and to the greatest extent allowed by applicable law.

 

We reserve the right to revise the Terms at any time without notice. The Terms posted at any time or from time to time via the Website shall be deemed to be the Terms then in effect. Consequently, you should review the Terms periodically. By continuing to use the Website or any other Services following the posting of any revisions, you expressly accept and agree to abide by the terms set forth in the current Terms. Without limiting the foregoing, Boats & Oars, LLC may from time to time elect, in its sole discretion, to notify you of any changes to the Terms that Boats & Oars, LLC deems to be substantial or material, for your convenience and not based on any obligation of Boats & Oars, LLC.

BY CONTINUING TO ACCESS OR USE THE SERVICES AFTER ANY REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED THE TERMS. IF YOU DO NOT AGREE TO THE REVISED THE TERMS, YOU ARE NO LONGER AUTHORIZED TO USE THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ACCESS AND/OR USE.

Contact us anytime via the following methods:

Boats & Oars, LLC
(832) 597-5784
Kenny@texomaboatsandoars.com

These Terms of Use were last updated on 02/25/2022.