Terms

WHITE RIVER MARINE GROUP (WRMG) RECOMMENDS THAT EACH VISITOR CAREFULLY READ THESE TERMS OF USE PRIOR TO ACCESSING THIS SITE. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. WRMG MAY UNILATERALLY CHANGE THESE TERMS AT ANY TIME.

SITE CONTENT. All content on this site is owned by WRMG or our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. WRMG owns and/or is the authorized user of any trademark, registered trademark and/or service mark appearing on this Site, and is the copyright owner or licensee of all copyrights with respect to the Site materials. You may not use, in any manner, without the advance specific written consent of WRMG any materials from this Site for any public or commercial purpose. Any unauthorized use of the content and/or materials located on this Site will violate WRMG’s intellectual property rights with respect thereto, as well as United States and/or foreign laws, and is strictly prohibited.

LICENSE. We grant you a personal, non-exclusive, non-transferable license to access our Sites and to use the information and services contained here. Except as otherwise provide herein, use of this Site does not grant you a license to any content, features or materials you may access on this Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such content, features or materials, in whole or in part.

We do not grant any license or other authorization to any user to use our trademarks registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on these Sites.

In turn, you grant us a non-exclusive, world-wide, royalty-free license to use any content you post on or through this Site, for any purpose, subject to the express terms of these Terms.

VISITOR RIGHTS AND OBLIGATIONS. As a visitor of this Site, you agree that any viewing, printing or downloading of the content and materials located on this Site is limited to your personal use in connection with prospective purchases of our products and no other. Except for the limited rights granted to you as a visitor of the Site, all other rights with respect to the Site are expressly reserved to WRMG.

You agree to not use the Site in any manner inconsistent with applicable laws and regulations or in a manner that could damage, disable, overburden or impair the Site. You will not attempt to interfere in any way with WRMG’s networks or network security, or attempt to use this Site to gain unauthorized access to any other computer system, or attempt to post or transmit any information that constitutes a computer viruses, worms or other potentially damaging computer programs or files. You may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without WRMG’s express written consent. Violations of system or network security may result in civil or criminal liability. WRMG will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site or WRMG’s systems.

PRODUCT DESCRIPTIONS. We employ best efforts to present accurate pricing, specifications, features and availability for models shown on this Site. Despite our best efforts, the prices and other information stated for the products appearing on our websites (or in our catalogs, circulars, or stores) may occasionally contain errors, inaccuracies, or omissions. We do not guarantee the accuracy or completeness of such information, including any price, description, image, or availability of a product. We reserve the right to correct any errors, inaccuracies, or omissions, and to cancel any order containing a price or availability error, with no further obligation to you, including after you have submitted your order. Photos could show optional accessories not included in the listed price or not available on the actual model in stock. Inventory shown is subject to prior sale. Dealer prep fees, dealer installation fees for options, delivery fees, taxes, tariffs, title, registration, documentation and license fees are not included in the prices shown on the Site. Products shown on this Site are either newly manufactured products that contain cosmetic or other flaws that prevent them from being sold as ‘first quality’ products, prior-year models, demonstration models, or previously-purchased products that have been returned to WRMG for resale.

PRODUCT SALES ‘AS-IS’. Products described on this Site are not sold online. Site visitors interested in purchasing a displayed product must call the toll-free number posted on the Site to arrange for the purchase with a WRMG Online Sales Team members. Products will be delivered to a participating dealer near the purchaser’s location. Participating dealers are required to honor the purchase terms agreed to by WRMG Online Sales Team members. Financing can be arranged through a third party finance company. Products are sold AS-IS, though some products may come with a limited warranty or with no warranty; participating dealers may offer extended warranties at additional cost.

NO REPRESENTATION OR WARRANTY. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS”. WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WRMG DOES NOT WARRANT THAT THIS SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WRMG MAKES NO WARRANTY THAT THIS SITE WILL MEET USERS EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THIS SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT.

ANY MATERIAL, UPLOADED TO, DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF ANY SUCH MATERIAL.

WRMG DOES NOT ENDORSE, SUPPORT, WARRANT OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY CONTENT POSTED TO OR THROUGH THIS SITE OR ENDORSE ANY OPINIONS, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THIS SITE.

NON-WRMG CONTENT. WRMG assumes no responsibility for any unlawful, libelous, defamatory, obscene or profane materials posted on this Site or on affiliate linked sites by site users.

COPYRIGHT COMPLAINTS. We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party’s intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.

Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.

INDEMNITY. You agree to defend, indemnify and hold WRMG, its parent, subsidiaries, members, managers, directors, officers, employees, agents, affiliates, joint ventures, and third-party service providers, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with you use of this Site, your violation of these Terms or your posting or transmission of any materials on or through this Site, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

LINKS TO OTHER SITES. WRMG may allow advertising or other content on our Site that links to the site and services of our partners, suppliers, affiliates, advertisers and other third parties. We provide links to other sites we think you may enjoy or access the information contained therein. We do not endorse, take responsibility for, monitor or check for accuracy, appropriateness or completeness of any content on a linked site. You visit linked sites at your own risk. Linked sites may utilize site widgets or other content over which we have no control. Linked sites operate independently of WRMG and have established their own privacy and security policies. We encourage you to review these policies before submitting any Personal Information through these sites.

JURISDICTION. These Terms of Use shall be governed and construed in accordance with the laws of the State of Missouri and by accessing this Site visitors consent to jurisdiction and venue of any federal or state court in Missouri with respect to any action or proceeding arising out of or related to these Terms of Use or your use of this Site.

GENERAL. The Terms constitute the entire agreement between you and WRMG and govern your use of this Site, superseding any prior agreements between you and WRMG. You also may be subject to additional terms and conditions that are applicable to certain parts of this Site. You agree that no joint venture, partnership, employment, or agency relationship exists between WRMG and you as a result of these Terms or your use of this Site.

Any claim or cause of action you may have with respect to WRMG or this Site must be commenced within one (1) year after the claim or cause of action arose.

The failure of WRMG to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms inure to the benefit of WRMG’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

CONTACTING US. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please write to us at White River Marine Group, 2500 E. Kearney, Springfield, MO 65898 or phone us at 417-873-4555.