Mark's Truck Center Web Site Agreement
Mark's Truck Center is a division of Mark's Boat and RV SuperStore. The Mark's Truck Center web site (the "Site") is an online information service provided by Mark's Truck Center, subject to the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. MARK'S TRUCK CENTER MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Copyright, Licenses and Idea Submissions:
The entire contents of the Site are protected by U.S. and international copyright and trademark laws. The owner of the copyrights and trademarks is Mark's Truck Center, its affiliates, or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Mark's Truck Center a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Mark's Truck Center by all means and in any media now known or hereafter developed. You also grant to Mark's Truck Center the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Mark's Truck Center for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Mark's Truck Center.
Use of the Site:
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. MARK'S TRUCK CENTER PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND MARK'S TRUCK CENTER SHALL NOT BE
LIABLE FOR ANY PRICING ERRORS, OR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. MARK'S TRUCK CENTER DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
LIMITATION OF LIABILITY IN NO EVENT WILL MARK'S TRUCK CENTER
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN
IF MARK'S TRUCK CENTER OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MARK'S TRUCK CENTER LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Mark's Truck Center
makes no representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you access a
non-Mark's Truck Center Web site, please understand that it is independent from
Mark's Truck Center, and that Mark's Truck Center has no control over the
content on that Web site. In addition, a link to a Mark's Truck Center Web site
does not mean that Mark's Truck Center endorses or accepts any responsibility
for the content, or the use, of such Web site.
Indemnification:
You agree to indemnify, defend and hold harmless Mark's Truck Center, its
officers, directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement, including negligent or wrongful conduct) by you or
any other person accessing the Service.
Third Party Rights:
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of Mark's Truck Center and its officers, directors, employees,
agents, licensors, suppliers, and any third party information
providers to
the Service. Each of these individuals or entities shall have the right to
assert and enforce those provisions directly against you on its own behalf.
Term; Termination:
This Agreement may be terminated by
either party without notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service),
3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive
any termination of this Agreement.
Miscellaneous:
This Agreement shall all be governed and construed in accordance with the laws
of the State of New York applicable to agreements made and to be performed in
New York. You agree that any legal action or proceeding between Mark's Truck
Center and you for any purpose concerning this Agreement or the parties'
obligations
hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in New York. Any cause of action or
claim you may have with respect to the Service must be commenced within one (1)
year after the claim or cause of action arises or such claim or cause of action
is barred. Mark's Truck Center’s
failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice
shall act to modify any provision of this
Agreement. Mark's Truck Center may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Misprint:
Mark's Truck Center is not responsible or
obligated to honor any price or quantity misprint on the Site. Errors can and do
occur despite best efforts to avoid them. Prices, quantities and terms listed on
the Site are Advertisements only. They are not offers to contract. Any purported
purchases made by you on the Site remain subject to review and acceptance by
Mark's Truck Center.
Reservation of Rights:
Any
rights not expressly granted herein are reserved.
