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PLEASE READ THE FOLLOWING TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE!
All users of this site agree
that access to and use of this site are subject to the following terms and
conditions and other applicable law. If you do not agree to these terms
and conditions, please do not use this site.
Copyright©
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States and
other copyright laws, and is the property of Silver Cloud Harbor Marina- Parent
Company. The collective work includes works that are licensed to Silver Cloud
Harbor Marina. Copyright© 2007, Silver Cloud Harbor Marina ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of
this site for the sole purpose of placing an order with Silver Cloud Harbor
Marina or purchasing Silver Cloud Harbor Marina products. You may display and,
subject to any expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the different areas of
the site solely for your own non-commercial use, or to place an order with
Silver Cloud Harbor Marina or to purchase Silver Cloud Harbor Marina products.
Any other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly prohibited,
unless authorized by Silver Cloud Harbor Marina. You further agree not to change
or delete any proprietary notices from materials downloaded from the site.
Trademarks®
All trademarks, service marks and trade names used in the site are trademarks or
registered trademarks of Destination Forked River, Silver Cloud Harbor Marina,
Silver Cloud Marine Engines, The Marina At Tall Oaks, Wilbert's Marina.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and
without warranties of any kind, whether express or implied. To the fullest
extent permissible pursuant to applicable law, Silver Cloud Harbor Marina
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Silver Cloud Harbor Marina does not represent or warrant that
the functions contained in the site will be uninterrupted or error-free, that
the defects will be corrected, or that this site or the server that makes the
site available are free of viruses or other harmful components. Silver Cloud
Harbor Marina does not make any warrantees or representations regarding the use
of the materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
Silver Cloud Harbor Marina shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if Silver Cloud Harbor Marina
has been advised of the possibility of such damages. Applicable law may not
allow the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Silver Cloud Harbor Marina product is mistakenly listed at
an incorrect price, Silver Cloud Harbor Marina reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price. Silver Cloud
Harbor Marina reserves the right to refuse or cancel any such orders whether or
not the order has been confirmed and your credit card charged. If your credit
card has already been charged for the purchase and your order is cancelled,
Silver Cloud Harbor Marina shall issue a credit to your credit card account in
the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Silver Cloud Harbor Marina
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Silver Cloud Harbor Marina may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address you have
provided to Silver Cloud Harbor Marina.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of New Jersey, U.S.A., without regard to choice of law provisions, and not by
the 1980 U.N. Convention on contracts for the international sale of goods. You
agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including but not limited to
the purchase of Silver Cloud Harbor Marina products) shall be in the state or
federal courts located in Ocean County, New Jersey. Any cause of action or claim
you may have with respect to the site (including but not limited to the purchase
of Silver Cloud Harbor Marina products) must be commenced within one (1) year
after the claim or cause of action arises. Silver Cloud Harbor Marina's failure
to insist upon or enforce strict performance of any provision of these terms and
conditions 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 of these terms and conditions. Silver Cloud Harbor Marina may assign its
rights and duties under this Agreement to any party at any time without notice
to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Silver Cloud Harbor Marina or other licensed employee, host,
or representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish through the
site any content which is libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law. You may
not upload commercial content on the site or use the site to solicit others to
join or become members of any other commercial online service or other
organization.
Participation Disclaimer
Silver Cloud Harbor Marina does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not in any
manner responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Silver Cloud Harbor Marina is merely acting
as a passive conduit for such distribution and is not undertaking any obligation
or liability relating to any contents or activities on the site. However, Silver
Cloud Harbor Marina 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 Silver Cloud Harbor Marina in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Silver Cloud Harbor Marina,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Silver Cloud Harbor
Marina may link to sites operated by third parties. However, even if the third
party is affiliated with Silver Cloud Harbor Marina, Silver Cloud Harbor Marina
has no control over these linked sites, all of which have separate privacy and
data collection practices, independent of Silver Cloud Harbor Marina. These
linked sites are only for your convenience and therefore you access them at your
own risk. Nonetheless, Silver Cloud Harbor Marina seeks to protect the integrity
of its web site and the links placed upon it and therefore requests any feedback
on not only its own site, but for sites it links to as well (including if a
specific link does not work).
Hypertext
Links
This website may contain
hypertext links to other websites that are not operated by us. These links are
provided for your convenience and interest only.
We will not investigate or monitor the hypertext
links to other websites. You link to them at your own risk. We are not
responsible for the information contained on any website that you link to from
this website. You must not create a hyperlink to any of the pages of this
website unless we give you our written consent first. If you create a hypertext
link to this website, you are responsible for all direct and indirect
consequences of the link. You must indemnify us for all loss we suffer in
connection with any link you have created.
Online Ordering Terms and
Conditions
Our online ordering service is an
automated order processing system used to purchase goods and/or services from
Silver Cloud Harbor Marina. We will make every effort to fulfill orders placed
using this online service but we do not guarantee that the products advertised
will always be in stock. Our Customer Service Center will advise you as soon as
possible if any order cannot be filled.
We will make every effort to
ensure the descriptions and prices for the goods and services shown on the
online ordering service are accurate and up-to-date. However, we reserve the
right to adjust the actual price charged if the prices shown are incorrect, and
to vary our prices and product descriptions at any time and without notice.
You agree that where you acquire
goods and services from us for the purpose of your business, any provisions of
the Consumer Guarantees Act 1993 which would otherwise apply to the supply by us
of those goods and services, do not apply.
Title to all products supplied to
you will be retained by us until payment is made in full. All risk of loss of,
or damage to, the products passes to you on delivery of the products to you.
Delivery of Products:
we provide shipping currently from United Parcel Service, Federal Express and
United States Postal Mail.
Return of Products:
if you are not completely satisfied with your purchase you may return it within
14 days of receiving it. At your option we will either give you a replacement
product or refund the purchase price you have paid for the product (excluding
any delivery charges you have paid).
Apart from crediting you the
purchase price paid for any good or service we have been unable to supply or any
good that you have returned in accordance with the paragraph above, to the
maximum extent permitted by law we have no liability to you for any loss or
damage (either direct, indirect or consequential, including any loss of profit)
suffered by you or any other person as a result of us providing this on-line
ordering service or any failure or delay in providing this service or the goods
or services ordered.
The standard terms and
conditions governing the products and services offered by Silver Cloud Harbor
Marina, including information on the extent of our liability, are set out in the
Public Contract and the Postal Users’ Guide. Further conditions for credit
customers are contained in the
terms and conditions
provided to these customers when credit was arranged and available on our
website.
We may make changes to these terms
and conditions at any time and without notice.
The online ordering service and
these terms and conditions are governed by United States of America Law.
Delivery Information:
Delivery Targets
We target delivery of orders nationwide in 2-5 working days. Delivery
targets are a guide only and we do not guarantee that your order will be
delivered within these delivery targets. Delivery to remote areas may take
longer.
Product Returns Policy
Silver Cloud Harbor Marina will
accept product returns provided...
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You obtain an authorization
code from our Customer Service Center.
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You return goods within three
weeks of the date they were shipped to you.
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The goods are returned unused
and in the condition they were received; and
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The packaging slip/invoice is
returned with the goods.
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