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  Terms & Conditions

 

 

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 DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines.  The collective work includes works that are licensed to DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines Copyright© 2007, DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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 DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines or purchasing DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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 DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines or to purchase DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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 DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines.  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 - DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines.


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, DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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 DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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. DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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
DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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 DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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 DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines product is mistakenly listed at an incorrect price, DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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, DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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 DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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
DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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 DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines.


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 DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Enginesa 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 DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines products) must be commenced within one (1) year after the claim or cause of action arises. DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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. DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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 DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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
DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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, DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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, DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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 DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, 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, DMGroup,Inc. DBA: DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines may link to sites operated by third parties. However, even if the third party is affiliated with DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines has no control over these linked sites, all of which have separate privacy and data collection practices, independent of DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines 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 DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines.  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). Electrical items can not be returned. Open packages can not be returned. All items must be in original packaging. All returns are subject to inspection prior to credit being issued.
 

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 DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines, 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 Authorization Policy

DMGroup,Inc.  DBA:  Silver Cloud Harbor Marina, The Marina at Tall Oaks, Wilbert's Marina, Forked River Yacht Sales, Silver Cloud Marine Engines will accept product returns provided...

  • You obtain an authorization code from our Customer Service Center.

  • You return goods within three weeks of the date they were shipped to you.

  • The goods are returned unused and in the condition they were received; and 

  • The packaging slip/invoice is returned with the goods.

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