Terms and Conditions
JPY, LLC d/b/a On The Water (the “Company” or "we" or “us”) has enacted this Terms and Conditions of Use Agreement (this “Agreement” or these “Terms and Conditions”) states the terms and conditions under which you may use the website located at [https://www.onthewaterdocks.com/] and any affiliated internet domain names, associated web pages, features, and functions (individually and collectively, the "Website"). For purposes of this Agreement, the term “Agreement” shall mean these Terms and Conditions, as well as any additional terms and conditions that apply to and govern your use of the Website and its features and functions that we make available to you from time to time through the Website. Any reference in this Privacy Policy to “users”, “you”, or “your” shall mean the individual that is accepting the terms of this Privacy Policy or the entity for which you are acting on behalf of and are representing and warranting that you are authorized to bind such person or entity to this Privacy Policy on its behalf.
PLEASE READ THIS AGREEMENT AND THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY THE COMPANY.
Permitted Use.
The Website is available to users in the general public without registering, and you may visit and browse the Website without charge or obligation; provided, however, we reserve the right in our sole discretion to make changes, limit, or restrict any portion of the Website at any time and from time to time, without notice to you. By using the Website and Services offered by the Company, you represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parents’ or guardians’ permission to use the Website and Services and have received permission from your parent or guardian to agree to these Terms and Conditions on your behalf). If you’re agreeing to these Terms and Conditions on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms and Conditions on that organization’s or entity’s behalf and bind them to these Terms and Conditions (in which case, the references to “you” and “your” in these Terms and Conditions, except for in this sentence, refer to that organization or entity).
Prohibited Use.
You are prohibited from any use of our Content (as defined below) on our Website that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. You will only use this Website and its services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. You may not assign, delegate or transfer these Terms and Conditions or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without prior written consent from the Company. If your use of the Services or this Website is prohibited by applicable laws, then you aren’t authorized to use the Services.
Ownership and Proprietary Rights.
The Website, including all tangible or intangible Content, media, and materials, all software, code, design, text, images, audio and video material, databases, proprietary information, audio-visual works and recordings, computer graphics and visual effects, as well as any accompanying documentation, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence, and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations, or variations of the same, regardless of the broadcast medium, format, or form, now known or hereinafter developed or discovered, alone or in conjunction with other works in any part of the world, are the property of the Company and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners, and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as "Content").
All Content on the Website is legally protected, without limitation, under federal and state laws and regulations of the United States, as well as applicable foreign laws, regulations, and treaties. The Company authorizes you to access the Content and grants you the right to use the Website solely for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use and for no other purpose whatsoever. You must not alter, delete, or conceal any copyright or other notices contained on the Website, including notices on any Content you display, print, or reproduce from the Website. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third-party website) or otherwise use any Content without the express prior written consent of the Company. We will not be responsible for your use of the Website in any way that breaks any law or regulation and any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.
You may not use any computerized or automatic mechanism, including, without limitation, any Web scraper, spider, or robot, to access, extract, or download any Content from the Website unless you are expressly authorized to do so by the Company. As an express condition of your use of the Website, you warrant that you will not use the Website for any unlawful purpose or purpose prohibited by this Agreement. The Company makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the U.S. used to access the Website.
Restrictions on Use of Materials.
You acknowledge that this Website contains Content that, where applicable, is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content contained on this Website, where applicable, is and shall remain the property of the Company or any other Creator who has been involved with the creation and/or publication of the Content. You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content. You shall at no time assert any claims of ownership over any Content or Marks by reason of your use of or any right to use this Website, and such use or right to use anything described herein shall not grant or create or suffer to exist any lien or other security interest arising therefrom. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, noncommercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content.
We authorize you to view and use the Content on this Website solely for your personal, noncommercial use. The use of the Content on any other website, including by linking or framing, or in any networked computer environment for any purpose is prohibited without prior written approval from the Company. For permission to use Content from this Website, request written permission and provide full attribution to the Company by contacting the Company’s Designated Agent at the address listed below.
Third Party Links.
Our Website may periodically provide links to third party websites as a convenience to you through links available on our Website including websites of entities that are affiliated with the Company (“Third-Party Website”) where we feel it is appropriate. Lists of links are not complete lists of relevant and/or useful internet resources. Our decision to link to a Third-Party Website is not an endorsement of the Content in that linked Third Party Website. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY WEBSITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD-PARTY WEB SITES, AND THE COMPANY SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party Websites, you do so at your own risk. You should direct any concerns to the Third-Party Websites’ administrator or webmaster.
Privacy.
These Terms and Conditions and our use of “Agreement” is intended to and shall include the Company’s Privacy Policy which can be accessed through a link on the Website’s home page and which is hereby incorporated into this Agreement and our agreement with you by this reference. We will not sell or disclose your Personal Data (as defined in the Privacy Policy) to third parties without your consent where required to obtain such consent. For questions regarding our practices and procedures regarding the protection of your Personal Data and privacy, please consult the Company’s Privacy Policy.
Digital Millennium Copyright Act (“DMCA”) Notice.
Certain materials, videos, images, photographic content, or communications (collectively, “Materials”) may be made available via the Website by third parties not within the Company’s control. The Company is under no obligation to scan content posted on the Website for the inclusion of illegal or impermissible content. However, the Company respects the intellectual property interests of others, and we ask you to do the same. It is our policy not to permit materials known by us to infringe another party’s intellectual property rights to remain on the Website. Accordingly, we have adopted the following Intellectual Property Compliance Policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).
We respect the intellectual property law and the IP Rights of others and expects others to do the same. If you or any user of the Website believes its copyright, trademark, or other property rights ("IP Rights") have been infringed, the IP Rights owner ("Complaining Party") should send us a notification immediately containing the following:
A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
Identification of the IP Rights claimed to have been infringed;
Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted;
Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party's IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.
All DMCA notices should be sent to the Company’s Designated Agent at [sales@onthewaterdocks.com]. We will respond to all DMCA notices that comply with applicable law and are properly provided to the Company. Upon receipt of a notice of infringement that complies or substantially complies with the DMCA, we will act promptly to review the Material and, if necessary, without notice, remove the Material on the Website that infringes on the IP Rights of others and will terminate access to the Website and its services of anyone who uses them to repeatedly infringe the IP Rights of others. Any such removal will be without liability to you or any other party, and the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
Any user whose Material has been removed or disabled in accordance with this these Terms and Conditions may send us a counter notification under the DMCA. Such counter notification must be provided in writing addressed to the Company’s Designated Address at the address listed above and must contain:
The user's physical or electronic signature;
Identification of the Material that has been removed or to which access has been disabled and the location at which such Material appeared before it was removed or disabled, including the complete URL;
A statement under penalty of perjury that the user has a good faith belief that the Material was removed or disabled as a result of mistake or misidentification of the Material to be removed or disabled; and
The user’s name, address and telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for any judicial district in which the Company may be found and that the user will accept service of process from the person who provided the initial notification of infringement.
Children’s Online Privacy Protection Act.
We do not knowingly collect or solicit any Personal Data from children under thirteen (13) years of age; if you are a child under the age of thirteen, please do not attempt to use our Website, register for or use our Services, view our any of our content/Content, send any personal, private and sensitive Personal Data, or otherwise interact with us through our Website in any way. If we become aware that any Personal Data, sensitive and private or not, has been collected from a child under thirteen years of age without parental or guardian consent, we terminate that account immediately (where that child has an account with us) and delete any Personal Data as quickly as possible.
In the limited and exceptional circumstances that we may need to collect any degree of Personal Data from minors (such as features addressed to families, as applicable), we shall strictly adhere to the principles of legality, necessity, clear purpose, openness, transparency, and security, and we take strict measures to protect such Personal Data.
Should you have any questions or concerns regarding our protection of children’s Personal Data, or if you (in your capacity as the parent or guardian) wish to delete or correct any Personal Data of a minor child, please send us an email at the email address below or included within the “Contact Us” page of our Website.
Trademarks.
This Website is for your personal, non-commercial use only. All content, names, logos, taglines, trademarks, service marks, design marks, trade dress, brand identities, graphics, artwork, videos, music, software and other intellectual property (collectively “Trademarks”) contained on this Website are owned or licensed by the Company and may not be used by you without the prior written consent of the Company, its advertisers, suppliers, and others with whom the Company may do business. You have no right to use any of these Trademarks or any confusingly similar marks for any purpose without the express prior written consent of the Company.
Termination.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of our Website or the Content, at any time and for any reason without prior notice or liability. In the event you breach any term, condition or part of this Agreement, your permission to use the Website, the Services and the Content shall terminate automatically, and you must immediately destroy any copies of any Content which you have produced. This Agreement will remain in full force and effect as long as you are a user of the Website, even if your use of or participation in any particular service, feature, or function terminates, expires, ceases, is suspended, or deactivated for any reason. We reserve the right to change, suspend, or discontinue all or any part of this Website, the Services or the Content at any time, without prior notice or liability.
Advertisements and Malware.
We take great care and pride in creating the Website. We are always on the lookout for technical glitches that affect how the Website works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that affect how you see the Website — and that is totally beyond our control. If you experience any unusual behavior, content, or ads on the Website, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software that is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, keyloggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Website is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Website and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.
Disclaimer.
THE COMPANY AND ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (TOGETHER, THE “COMPANY PARTIES”) PROVIDE THE WEBSITE AND CONTENT IN AN “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED AS A SERVICE TO SUPPORTERS OF THE COMPANY AND MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH OR IN CONNECTION WITH THE USE OF THIS WEBSITE. THE COMPANY PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT CONTAINED ON THIS WEBSITE.
THE COMPANY PARTIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE OR ANY CONTENT, INCLUDING, AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE COMPANY SHALL CREATE ANY WARRANTY.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
THE COMPANY PARTIES DO NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS WEBSITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE COMPANY OR THE COMPANY PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT OF THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE WEBSITE.
IN NO EVENT SHALL THE COMPANY OR THE COMPANY PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THIS WEBSITE, THE CONTENT OF THIS WEBSITE, THE SERVICES PROVIDED, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THIS WEBSITE.
Indemnification.
You agree to indemnify and hold us and Company Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims related to your use of this Website (including any actions taken by a third party using your account), and your violation of these Terms and Conditions. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account, if any (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Mandatory Binding Arbitration.
For any dispute you have with Us, you agree to first contact us in writing and attempt to resolve the dispute with us before seeking arbitration in accordance with this Section 15. If we have not been able to resolve the dispute with you promptly thereafter, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and Conditions by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and the Company agree otherwise, the arbitration will be conducted in Omaha, Nebraska. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees, each in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction, as set forth in the Section immediately below, for matters related to data security, intellectual property or unauthorized access to this Website.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law and Jurisdiction.
These Terms and Conditions shall be subject to, governed by and construed under the laws of the State of Nebraska in the United States of America without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Douglas County, Nebraska or the United States District Court for the State of Nebraska for any actions not subject to Section 15. Your access to, or use of, this Website or information, materials, products and/or services on the Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website.
You hereby consent to and waive all objection to the exclusive jurisdiction of the federal and state courts in the State of Nebraska and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of the Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
Severability.
If any provision of these Terms and Conditions shall be invalid or unenforceable, in whole or in part, or as applied to any circumstance, under the laws of any jurisdiction which may govern for such purposes, then such provision shall be deemed to be modified or restricted to the extent and in the manner necessary to render the same valid and enforceable, either generally or as applied to such circumstance, or shall be deemed excised from this Agreement, as the case may require, and these Terms and Conditions shall be construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted, or as if such provision had not been originally incorporated herein, as the case may be.
Waiver.
No waiver of any terms of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Acknowledgement and Changes.
These Terms and Conditions and the Privacy Policy referenced herein represent the entire understanding between you and the Company regarding your relationship with the Company and this Website and supersede any prior statements or representations. We reserve the right to change these Terms and Conditions at any time by posting changes online. Your non-termination or continued use of the Website after changes are posted constitutes your acceptance of the Terms and Conditions as modified by the posted changes. By accessing, browsing or otherwise using the Website: (i) you certify that you are at least sixteen (16) years of age or have a parent or guardian's permission for your use of the Website, (ii) you acknowledge that you have read these Terms and Conditions and agree to be by bound this Agreement, the terms and conditions contained herein, and the policies referenced herein or made available by hyperlink, and (iii) except for certain types of disputes described in Section 16, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. This Agreement shall remain in full force and effect as long as you are a user of the Website, even if your use of or participation in any particular facet of the services, features, or functions terminates, expires, ceases, is suspended, or deactivated for any reason. Your remedy for dissatisfaction with our Website, Services, Content, or other information available on or through the Website, is to stop using the Website and/or those particular Services or the Content. Your agreement with us regarding compliance with the terms and conditions contained in this Agreement becomes effective immediately upon commencement of your use of our Website.
Contact Us.
We welcome your questions, comments, suggestions, and concerns regarding these Terms and Conditions, our practices and procedures related to these Terms and Conditions and the protection of your privacy, and our clients’ dealings and interactions with our Website. If users wish to inquire about any of the foregoing, please email us at sales@onthewaterdocks.com or write to us at 51237 North Lake Shore Drive, Fremont, NE 68025.
© 2024 JPY, LLC
All rights are hereby reserved by JPY, LLC, a limited liability company organized under Nebraska law.