By using this Gold Marlin® Web Site("Site"), you agree to be legally bound by all the information
contained in this Terms and Conditions Agreement ("Agreement"). Please read
these terms carefully. By using this Site you also represent that you are at
least 18 years old, or you are at least the minimum legal age to enter into
a contract in the jurisdiction in which you are viewing the Site. In addition,
when you use any current or future version of this Site or any other GoldMarlin.com
Web Site, you also will be subject to the terms and conditions of this Agreement.
Please print a copy of this Agreement for your records.
We may, from time to time, modify the terms of this Agreement. When we make
changes, we will post those changes here. Your use of the Site following any
such modification constitutes your agreement to the terms of the modified Agreement.
Privacy
Please review our privacy policy, which also governs your visit to the Site,
to understand our privacy practices. The terms and conditions of our privacy
policy are incorporated herein and made a part of this Agreement.
Orders
Gold Marlin® does sell products for children, but it does not sell products to
children. Gold Marlin® only sells products to adults, ages 18 years and older,
who can purchase them with a credit card. Gold Marlin® reserves the right to
refuse service, terminate accounts, remove or edit content, or cancel orders
in its sole discretion, including, without limitation, if Gold Marlin® believes
that user conduct violates applicable law or is harmful to the interests of
Gold Marlin® or its affiliates.
Trademarks
Gold Marlin® is a registered trademark of Gold Marlin Partners. Hook & Tackle®, Rugged Cotton Mariner Cloth™,
Cotton Camp Cloth™, Cotton Canyon Cloth™, BeerCan Island®, Air/X™,
TechnoDry™, Luau®, Weekender®, and other marks indicated on our Site are trademarks or registered
trademarks of Sportailor, Inc. in the United States and other countries. All rights in the product names, company names, trade names, graphics, logos,
page headers, button icons, scripts, product packaging, trade dress and designs
of all Gold Marlin or third-party products or services, whether or not appearing
in large print or with the trademark symbol, belong exclusively to Gold Marlin
or their respective owners and are protected from reproduction, imitation, dilution,
or confusing or misleading uses under national and international trademark and
copyright laws. The use or misuse of these trademarks or any materials, except
as permitted herein, is expressly prohibited, and nothing stated or implied
on this Site confers on you any license or right under any patent or trademark
of Gold Marlin® or any third party.
Patent
The Air/X ventilation design is protected under U.S. Patent #5,727,256.
Copyright
All copyright rights in the text, images, photographs, graphics, user interface,
and other content provided on the Site, and the selection, coordination, and
arrangement of such content, are owned by GoldMarlin.com or its third-party licensors
to the full extent provided under the United States Copyright Act and all international
copyright laws. Under applicable copyright laws, you are prohibited from copying,
reproducing, modifying, distributing, displaying, performing, or transmitting
any of the contents of the Site for any purposes. Nothing stated or implied
on the Site confers on you any license or right under any copyright of Gold Marlin® or any third party.
The Site and the information contained in reference herein are for your personal,
non-commercial use only. Except as otherwise specifically permitted herein,
you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify,
publish, rent, sell, publicly display, perform, distribute, transmit, or circulate
to anyone the contents of this Site, or use the contents of this Site in litigation,
or for any commercial or promotional purposes, without the express written consent
of Gold Marlin® or its lawful successors and assigns. For usage permission, Contact
Us.
Notice of Copyright Infringement
Gold Marlin® respects the intellectual property of others. If you believe that
your work has been copied and is accessible on this Site in a way that constitutes
copyright infringement, please provide Gold Marlin®'s Copyright Agent with the
following information:
Identification of the copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material on the Site that is requested
to be removed;
Your name, address, and daytime telephone number, and an email address if available,
so that GoldMarlin.com may contact you if necessary;
A statement that you have a good faith belief that the use of the copyrighted
work is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and, under
penalty of perjury, that the signatory is authorized to act on behalf of the
owner of an exclusive copyright right that is allegedly infringed, and
An electronic or physical signature of the copyright owner or someone authorized
on the owner's behalf to assert infringement of copyright and to submit the
statement.
License and Site Access
Gold Marlin® grants you a limited license to access and make personal use of
this Site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of Gold Marlin®. This license
does not include any resale or commercial use of this Site or its contents;
any collection and use of any product listings, descriptions, or prices; any
derivative use of this Site or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of data mining,
robots, spiders or similar data gathering and extraction tools.
Neither this Site nor any portion of this Site may be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of Gold Marlin. You may not frame or use framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of GoldMarlin.com and our affiliates
without express written consent. You may not use meta tags or any other hidden
text using Gold Marlin®'s name or trademarks without the express written consent
of Gold Marlin®. Any unauthorized use terminates the permission or license granted
by GoldMarlin.com.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of GoldMarlin.com so long as the link does not portray Gold Marlin® or its products or services in a false, misleading, derogatory, or otherwise
offensive manner. You may not use any Gold Marlin® logo or other proprietary
graphic or trademark as part of the link without express written permission.
You may not make any other part of this Site, other than the home page of the
Site, available as part of another service by "deep linking," or otherwise,
without prior written permission from Gold Marlin®.
Third Party and Co-Branded Web Sites
This Site may contain hyperlinks ("links") to Web Sites operated by
persons or entities other than Gold Marlin®("third-party Web Sites")
or to co-branded Web Sites operated by a third party, including affiliates ("co-branded
Web Sites"). We provide such links for your reference and convenience only.
A link from Gold Marlin® to a third-party Web Site does not imply or mean that
we endorse the content on that third-party or co-branded Web Site or the operator
or operations of that Web Site. You are solely responsible for determining the
extent to which you use any content at any third party or co-branded Web Sites
to which you might link from our Site. GOLDMARLIN.COM IS NOT RESPONSIBLE OR LIABLE
FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY
WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB
SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY
TRANSACTION.
Your Responsibilities
You agree to comply with all applicable law in connection with your use of the
Site, and such further limitations as may be set forth in any written or on-screen
notice from GoldMarlin.com. As a condition of your use of the Site, you warrant
that you will not use the Site for any purpose that is unlawful or prohibited
by this Agreement. All information that you provide in connection with a purchase
or transaction or other monetary transaction interaction with this Site or any
co-branded Web Site will be accurate, complete, and current. You will pay all
charges incurred by users of your credit card, debit card, or other payment
method used in connection with a purchase or transaction or other monetary transaction
interaction with Gold Marlin® or any co-branded Web Site at the prices in effect
when such charges are incurred. You will pay any applicable taxes, if any, relating
to any such purchases, transactions or other monetary transaction interactions.
By using this Site, you agree not to violate or attempt to violate the security
of the Site, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that
you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host, or network, including,
without limitation, by way of submitting a virus to or overloading, "flooding,"
"spamming," "mailbombing," or "crashing" the Site;
Sending unsolicited email, including promotions and/or advertising of products
or services, and
Forging any TCP/IP packet header or any part of the header information in any
email or posting.
Risk of Loss
All products purchased from the Site are transported and delivered to you by
an independent carrier not affiliated with, or controlled by, GoldMarlin.com. Title
to products purchased on the Site, as well as the risk of loss for such products,
passes to you when GoldMarlin.com delivers these items to the carrier.
Product Information
Gold Marlin® attempts to be as accurate as possible in describing its products.
We do not warrant that product descriptions or other content of this Site are
accurate, complete, reliable, current, or error-free. Unless otherwise stated,
the prices displayed at the Site are quoted in U.S. Dollars.
Colors
We have made every effort to display as accurately as possible the colors of
our products that appear at the Site. As the actual colors you see depend on
your computer monitor, however, we cannot guarantee that your monitor's display
of any color will be accurate.
The Gold Marlin® Guarantee
Gold Marlin® guarantees every product we sell. If you are not satisfied with
one of our products at the time you receive it, you may return the product to
us for replacement, or refund in accordance with Gold Marlin®’s warranty
policy. Damage due to wear and tear will not be accepted.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THIS SITE IS PROVIDED BY GOLD MARLIN® ON AN "AS IS" AND "AS AVAILABLE"
BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOLD MARLIN® MAKES NO REPRESENTATIONS
AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS
SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS,
SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT
LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM
ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED;
OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM
ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS
SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOLDMARLIN.COM DISCLAIMS ALL WARRANTIES,
EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL GOLD MARLIN®, OR ANY PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL,
EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY
TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE
THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS
OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO GOLD MARLIN®
THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR
LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT,
STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and
all actions contemplated by this Agreement will be governed by the laws of the
United States of America and the State of Florida, without regard to principles
of conflicts of law and as if this Agreement were a contract wholly entered
into and wholly performed within the State of Florida. This Agreement will not
be governed by the United Nations Convention on Contracts for the International
Sale of Goods.
Any dispute relating in any way to your visit to Gold Marlin® or to products
you purchase through Gold Marlin® shall be submitted to confidential arbitration
in Miami, Florida, United States of America, except that, to the extent you
have in any manner violated or threatened to violate GoldMarlin.com's intellectual
property rights, Gold Marlin® may seek injunctive or other appropriate relief
in any state or federal court in the State of Florida, United States of America,
and you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE
Streamlined Arbitration Rules and Procedures in effect at the time of filing
of the demand for arbitration. The parties specifically incorporate the terms
of Florida Rules of Civil Procedure with respect to discovery.
The arbitrator's award shall be binding and may be entered as a judgment in
any court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
Indemnification
You agree to defend, indemnify, and hold harmless GoldMarlin.com and its affiliates,
successors and assigns, and its and their directors, officers, employees, agents,
co-branders or other partners from and against any and all allegations, claims,
demands, actions, causes of action, proceedings (whether threatened or pending),
orders, damages, losses, liabilities, costs and expenses, including reasonable
attorney's fees and other legal expenses, and judgments of any kind of nature,
incurred by Gold Marlin® arising out of or relating to your use of the Site,
your violation of this Agreement, or your violation of any rights of another.
Miscellaneous Legal Provisions
We may discontinue the Site at any time and for any reason, without notice.
We may change the contents, operation, or any and all other features of the
Site at any time for any reason, without notice. We may discontinue or restrict
your use of the Site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Gold Marlin® as a result of this Agreement or your use
of this Site. Nothing contained in this Agreement is in derogation of Gold Marlin®'s
right to comply with governmental, court, and law enforcement requests or requirements
relating to your use of this Site or information provided to or gathered by
Gold Marlin® with respect to such use. A printed version of this Agreement and
of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents and records originally
generated and maintained in printed form.
The failure of GoldMarlin.com to enforce any provisions of this Agreement or respond
to a breach by you or other parties shall not in any way waive its right to
enforce subsequently any terms or conditions of this Agreement or to act with
respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable
law, the remaining provisions will continue in full force and effect, and the
invalid unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Site and its
content, and supersedes any prior or contemporaneous communications between
Gold Marlin® and you regarding our Site and its contents.
All rights not expressly granted herein are hereby reserved.