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Privacy & Security Statement

Effective January 01, 2013

Welcome to BoatsAndCycles.com (the "Site"), which is owned and operated by BoatsAndCycles / Boats And Cycles, LLC.. ("BoatsAndCycles").

BoatsAndCycles maintains this website as a service to its visitors and subscribed customers, subject to the following terms and conditions concerning the use of the Site ("Terms of Use"). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. BoatsAndCycles reserves the right to modify these Terms of Use and/or content on the Site periodically without prior notice.

Use of Content on the Site

You may use the content from the Site subject to the following conditions: (a) the content may be used solely for information purposes only; and (b) the content may not be altered or modified in any way. The content may not be republished, distributed, be used to create derivative works, or used in other way than as explicitly permitted herein.

The use of framing or framing techniques to display any trademark, logo, or other proprietary information such as images, text, or forms, is strictly prohibited without prior written consent from BoatsAndCycles. You may not use meta tags or any other type of "hidden text using BoatsAndCycles' name or trademarks without written consent clearly outlining the details of such use. You may not use BoatsAndCycles' trademarks, logos, or graphics as part of a link without express written consent.

Ownership rights to any content, are not transferred through the use of the Site. Unauthorized use of content terminates the permission or license granted by BoatsAndCycles.

Any statements contained within the Site concerning BoatsAndCycles' future prospects are "forwarding looking statements" under the Federal Securities laws. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the Site. Important factors that could cause actual results to differ materially include but are not limited to factors discussed in BoatsAndCycles' SEC filings.

Reviews, Comments, Communications, And Other Content

You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.

By submitting information, you grant BoatsAndCycles a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity.

Products and Services Offered By BoatsAndCycles on the Site

BoatsAndCycles offers products and services on the Site. When you enroll to obtain a product or service from BoatsAndCycles on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. Except as provided in that agreement, BoatsAndCycles does not warrant that any product descriptions or content contained in this website is accurate, current, reliable, complete, or error-free.

Patent Information

BoatsAndCycles owns one or more United States and international patents that apply to the Site and/or the products or services offered within the Site.

Copyright Information

The Site and the content within the Site are the property of BoatsAndCycles or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of BoatsAndCycles . BoatsAndCycles reserves all rights in the Site and its content not specifically granted in any agreements with BoatsAndCycles or in the Terms of Use.

Copyright Complaints

BoatsAndCycles respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedures for Making Claims of Copyright Infringement below.

Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act

If you believe that you hold a claim of copyright infringement against Boats And Cycles, LLC., submit notice of your claim to the following:

In Writing:
Boats And Cycles, LLC. Legal Department

6635 W. Happy Valley RD STE A104 #478, Glendale, AZ 28503-5417

By E-Mail:

legal@BoatsAndCycles.com

To be effective, the notification of your claim of copyright infringement should be written and should include the following:

  1. A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
  2. A statement, under penalty of perjury, that the information in the notification is accurate. Your signature. (The signature may be either physical or electronic.) The identification of the copyrighted work you claim has been infringed. (If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed works.)
  3. Identification of the material that you claim to be infringing and information reasonably sufficient to permit Boats And Cycles, Inc. to locate the material.
  4. Information reasonably sufficient to permit Boats And Cycles, Inc. to contact you, including your address, telephone number, fax number and, if available, an electronic mail address. You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner.
  5. A statement you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

Trademark Information

BoatsAndCycles and other marks indicated on our site are registered trademarks of BoatsAndCycles in the United States and/or other countries. Other BoatsAndCycles marks, graphics, logos, page headers, button icons, scripts noted on the Site are BoatsAndCycles service marks, trademarks and trade dress and are the sole and exclusive property of BoatsAndCycles. BoatsAndCycles service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits BoatsAndCycles and in connection with any service or product that is not sponsored, endorsed or produced by BoatsAndCycles. All other trademarks not owned by BoatsAndCycles or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BoatsAndCycles.

Privacy Statements

BoatsAndCycles takes your right to privacy seriously, and wants you to feel comfortable using this web site. This privacy policy deals with personally-identifiable information (referred to as "data" below) that may be collected by this site. This policy does not apply to other entities that are not owned or controlled by BoatsAndCycles, nor does it apply to persons that are not employees or agents of BoatsAndCycles, or that are not under BoatsAndCycles's control. Please take time to read this site's Terms of use.

Collection of data

Registration for an account on this site requires only a valid e-mail address and a user name that has not been chosen already. You are not required to provide any other information if you do not want to. Please be aware that the user name you choose, the e-mail address you provide and any other information you enter may render you personally identifiable, and may possibly be displayed on this web site intentionally (depending on choices you make during the registration process, or depending on the way in which the site is configured) or unintentionally (subsequent to a successful act of intrusion by a third party). As on many web sites, BoatsAndCycles may also automatically receive general information that is contained in server log files, such as your IP address, and cookie information. Information about how advertising may be served on this site (if it is indeed BoatsAndCycles's policy to display advertising) is set forth below.

Use of data

Data may be used to customize and improve your user experience on this site. Efforts will be made to prevent your data being made available to third parties unless (i) provided for otherwise in this Privacy Policy; (ii) your consent is obtained, such as when you choose to opt-in or opt-out for the sharing of data; (iii) a service provided on our site requires interaction with a third party, or is provided by a third party, such as an application service provider; (iv) pursuant to legal action or law enforcement; (v) it is found that your use of this site violates BoatsAndCycles.com policy, terms of service, or other usage guidelines, or if it is deemed reasonably necessary by BoatsAndCycles to protect BoatsAndCycles's legal rights and/or property; or (vi) this site is purchased by a third party, in which case that third party will be able to use the data in the same manner as set forth in this policy. In the event you choose to use links displayed on this web site to visit other web sites, you are advised to read the privacy policies published on those sites.

Cookies

Like many web sites, this web site sets and uses cookies to enhance your user experience -- to remember your personal settings, for instance. Advertisements may display on this web site and, if so, may set and access cookies on your computer; such cookies are subject to the privacy policy of the parties providing the advertisement. However, the parties providing the advertising do not have access to this site's cookies. These parties usually use non-personally-identifiable or anonymous codes to obtain information about your visits to this site.

Editing or deleting your account information

You are provided with the ability to edit the information stored for your user account information during registration, by visiting your user account control panel. You can request that your user account be deleted; to do so, please contact BoatsAndCycles.com. Content or other data that you may have provided, and that is not stored within your user account, such as articles published, may continue to remain on the site at BoatsAndCycles's discretion, even after your user account is deleted. Please see the site's Terms of use for more information.

Changes to this privacy policy

Changes may be made to this policy from time to time. You will be notified of substantial changes to this policy either by through the posting of a prominent announcement on the site, and/or by a mail message sent to the e-mail address you have provided, which is stored within your user settings.

NO GUARANTEES

While this privacy policy states standards for maintenance of data, and while efforts will be made to meet the said standards, BoatsAndCycles is not in a position to guarantee compliance with these standards. There may be factors beyond BoatsAndCycles's control that may result in disclosure of data. Consequently, the BoatsAndCycles.com offers no warranties or representations as regards maintenance or non-disclosure of data.

Contact information

If you have any questions about this policy or about this web site, please feel free to contact us - support@boatsandcycles.com

Third Party Web Sites and Information

The Site may provide hyperlinks to third party websites or Holdings to third party content. BoatsAndCycles does not control, endorse, or guarantee content found in such sites. You agree that BoatsAndCycles is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that BoatsAndCycles shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and Holdings to these sites are provided for your convenience only.

Disclaimer

EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND BOATSANDCYCLES, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BOATSANDCYCLES AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY BoatsAndCycles ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. BoatsAndCycles DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND BOATSANDCYCLES, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF BOATSANDCYCLES, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS 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 DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to defend, indemnify, and hold harmless BoatsAndCycles, employees, attorneys, and agents ("Indemnitees") against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use of the Site or any hyperlinked web site or (ii) resulting from content you supply.

Applicable Laws

All matters relating to your Holdings to and use of the Site shall be governed by U.S. federal law or by the laws of the State of Arizona without regard to its conflict of laws provisions. Any legal action or proceeding relating to your Holdings to or use of the Site shall be instituted in a state or federal court in the exclusive jurisdiction of the courts located within the city of Phoenix, Arizona.

Notwithstanding this, you agree that Boats And Cycles, LLC. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.

Contact Information

If you have any questions regarding these Terms of Use, please contact BoatsAndCycles.

Copyright © 2009-2017 Boats And Cycles, LLC. All Rights Reserved

Revised September 2017