Terms of Use

 

Welcome to eightyfivemiles.com (the “Site”).  By using this Site, you agree to be bound by these Terms of Use (“Terms”) as they may be periodically amended and modified from time to time.  You should check these Terms for any changes each time you use the Site.  Eightyfive Miles, LLC (“Eightyfive Miles”, “we”, “us” and “our”) is the operator of this Site.  By continuing to use this Site you are accepting and consenting to be governed by these Terms.

SITE CONTENT AND USE

You agree that any personal information that you enter on this Site will be accurate, current and complete.  Certain features of the Site may be password protected.  If you register a password, you agree that you are responsible for the security of your password and for acts performed or statements made in connection with the use of your account and password.  It is your responsibility to contact Eightyfive Miles if you know or have reason to believe that the security of your password has been compromised in any way.  We will attribute to you any communication or transaction made via your account unless we receive written notice from you indicating otherwise.  You agree that you shall be held personally liable for all orders placed or charges incurred under your account.  Your name and any personal information submitted shall be treated in accordance with the Eightyfive Miles Privacy Policy, which is set forth below.

Although we try our best to display our products and their colors as accurately as possible, we cannot guarantee that your hardware will accurately display the colors of the products.  It is possible that products displayed on the Site may be out of stock or discontinued, and the prices which are displayed are also subject to change.  Eightyfive Miles is not responsible for typographical or other errors regarding price or any other matter.

Prices quoted on this Site are in U.S. dollars and are valid and effective only in the United States.  Eightyfive Miles reserves the right, in its sole discretion, to accept or decline your order, in part or in total, even after your credit card has been charged and you receive confirmation of your order.  If your order is cancelled after your credit card has been charged, a credit will be issued to your credit card account.

INTELLECTUAL PROPERTY

Eightyfive Miles, its licensors or its content providers are the owners of and have exclusive rights to all of the content on this Site, including, but not limited to, all designs, text, images, logos, computer code and software (“Content”).  All trademarks, service marks, logos and other Content displayed or featured on the Site, including, but not limited to “Eightyfive Miles” “85 Miles” and The Eightyfive Miles boat logos (collectively, the “Marks”) are the property of Eightyfive Miles and are protected by trademark laws.  In addition, this Site and the Content is protected by copyright laws.  Nothing on this Site shall be construed as granting by implication, estoppel or otherwise, any right or license to use any of the Marks or any of the Content without the prior written consent of Eightyfive Miles.  Eightyfive Miles reserves all rights not expressly granted or relinquished herein in regards to the Site and its Content.

PROHIBITED USES

Eightyfive Miles grants you a license to use this Site and such license is revocable by us, and in our sole discretion, at any time and for any reason.  You are prohibited from using, modifying, distributing, broadcasting, transferring, transmitting, uploading, licensing, selling, reverse engineering or creating derivative works from the Marks or the Content on this Site.  You are also prohibited from using the Site for marketing purposes or to compete with Eightyfive Miles.

By using this Site, you agree to be held responsible for any material you submit through this Site and to indemnify Eightyfive Miles for all claims that result from your submissions.  You acknowledge that you may not submit, upload, publish, or distribute through this Site any material that could give rise to claims of libel, defamation, fraud, obscenity, or claims of any civil or criminal liability.  Further, you agree that anything you submit to Eightyfive Miles shall not violate any right of any third party, including privacy, trademark, copyright, or any other intellectual or other personal right.  You agree that you will not submit any material that contains a computer virus, spam or any software or computer code designed to damage, interfere with or mine data from the Site.  Eightyfive Miles reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Eightyfive Miles at its sole discretion.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

THIS SITE IS PRESENTED ON AN “AS IS” BASIS AND YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  EIGHTYFIVE MILES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:  1) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY; 2) WARRANTIES IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE; 3) WARRANTIES THAT THE SITE OR THE SITE’S SERVER WILL BE FREE FROM VIRUSES; 4) THAT INFORMATION ON THE SITE WILL BE TIMELY, COMPLETE OR ACCURATE; OR 5) THAT THE SITE SHALL BE SECURE AND ERROR FREE.

BY USING THIS SITE YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL CONSEQUENCES RESULTING FROM YOUR USE OF THIS SITE.  YOU AGREE, ACKNOWLEDGE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EIGHTYFIVE MILES, ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE SITE, EVEN IF EIGHTY FIVE MILES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  EIGHTY FIVE MILES WILL NOT PROVIDE, AND YOU SHOULD NOT CONSTRUE ANY COMMUNICATION, INFORMATION OR ADVICE OBTAINED THROUGH THIS SITE, WHETHER ORAL OR WRITTEN, AS CREATING ANY WARRANTY OF ANY KIND.  THE DISCLAIMERS IN THESE TERMS ARE VALID ONLY WHERE THEY ARE NOT PROHIBITED BY LAW.

ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO EIGHTY FIVE MILES OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE.

INDEMNITY

You agree to hold harmless, defend and indemnify Eightyfive Miles and any of our affiliates, officers, directors, employees, agents, licensors, contractors, subcontractors, service providers and suppliers against any and all damages, losses, costs, expenses, liabilities, including any and all reasonable court costs and attorneys’ fees which result from violation of these Terms.  Eightyfive Miles reserves the exclusive right, at Eightyfive Miles’ own expense, to assume control of the defense of any matter for which you would be held responsible for indemnifying Eightyfive Miles for any losses incurred.  You agree to cooperate with Eightyfive Miles in regards to the defense of any such matter. 

APPLICABLE LAW

This Site is intended to be accessed and used where such access and use is permitted by law.  This Site and these Terms are governed by the laws of the State of Michigan.  Eightyfive Miles does not guaranty that accessing or using this Site complies with the laws of the jurisdiction in which you are located.  It is your responsibility to educate yourself as to the laws of your jurisdiction and act accordingly.  By using this Site you are irrevocably consenting to the non-exclusive jurisdiction of the state and federal courts located in the State of Michigan for purposes of adjudicating any action relating to these Terms and waive any objection to venue or jurisdiction in such actions.

NOTICE

Eightyfive Miles may deliver notice to you by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address of record in Eightyfive Miles’ account information.

GENERAL INFORMATION

You understand that these Terms and any other policies posted on this Site shall constitute the entire agreement and understanding between you and us regarding the subject matter thereof (the “Agreement”).  You understand that the Agreement shall supersede all other, prior or contemporaneous communications between you and us, whether those communications are oral or written.  A printed copy of these Terms shall be admissible, under the same conditions and to the same extent as other business documents and records, in a judicial or administrative proceeding that relates to the use of the Site.  If any provision of the Agreement is found to be unenforceable, unlawful or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.  You are responsible for periodically checking this Site for any changes to these Terms.  Eightyfive Miles may amend, alter or change these Terms, in our sole discretion, at any time and for any reason, by posting on this Site a revised version of these Terms.  If you continue to use this Site after changes to these Terms are posted then you consent to being governed by such changes.  Eightyfive Miles’ failure to enforce or exercise any provision or right of these Terms shall not be deemed a waiver of such provision or right.

 

Last Updated: May 24, 2017