TERMS & CONDITIONS

Premier Marine

Website Terms and Conditions of Use

Last Updated: September 12, 2022

Thank you for visiting https://www.pontoons.com/ (the “Site”), owned and operated by Premier Marine, LLC and its affiliated companies (collectively “Premier,” “we,” or “us”). By using the Site, any services provided by Premier (the “Services”), or submitting any information through the Site, you are agreeing to these legally binding rules (the “Terms”) and the Privacy Policy, which is available at https://www.pontoons.com/privacy-policy/. Please read these Terms carefully.

Premier reserves the right to modify our Terms, Services, or our Site at any time. If we do, any changes or modifications will be posted on the Site at https://www.pontoons.com/terms-and-conditions/ and are effective upon the posted date. If you use the Site or Services after a change, that means you accept the changes, so you should make sure to review our posted policies from time to time. 

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OUR SITE OR OUR SERVICES.

  • Your Access to the Site & Services

You must be at least eighteen (18) years or older to access the Site or Services.

Subject to the Terms, Premier grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the Site. The license granted to you terminates immediately if you breach any of these Terms. All information you provide must be accurate and truthful. If you decline to provide the requested information, provide false information, or fail to comply with any request or requirement made by Premier, Premier may deny you access to the Site, Services, or any requested information at any time, without notice.

  • Prohibited Uses

The Site and Services are intended for your personal use only, and you agree not make any commercial use of the Site, Services, or any associated content. You may not modify or download (other than normal page caching) any portion of the Site or content from the Services unless (i) your download is for personal, non-commercial use, and (ii) you have obtained written authorization in advance from Premier. You further agree not to copy any of our content for the benefit of any third party, or use any data mining, scraping, or similar data gathering tools. You also agree not to reproduce, copy, modify, display, sell, visit, or exploit any content from the Site or Services for any purpose.

Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have towards anyone. You also agree not to engage in any activity that in Premier opinion conflicts with the spirit or intent of these Terms. 

  • Your Information and Data

Premier only uses your information as described in the Privacy Policy. We understand the importance of protecting your personal information, but if you object to your information being transferred or used as described in the Privacy Policy, you may not use the Site or Services.

  • Intellectual Property

The Site and Services are legally protected through copyrights, trademarks, service marks, patents, trade secrets, and other laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site or Services. You agree you will not directly or indirectly copy, reproduce, modify, distribute, create derivative works from, or publicly display the Site or Services without Premier’s prior express written permission. Except for the limited, temporary ability to access the Site identified in Section 1 above, you acknowledge nothing in these Terms grants you any right, title, or interest in any of Premier’s intellectual property.

  • Third Party Sites and Content

The Site and Services may include content provided by third parties, or links to third-party websites. All statements and/or opinions expressed in these materials, other than the content provided by Premier, are solely the opinions and the responsibility of the person or entity providing those materials. Premier is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third-parties. If you utilize links to other websites, such sites likely have their own terms of service and Privacy Policy, which may be different from those of Premier. You acknowledge and agree that Premier is not responsible for the content presented by third parties.

  • Our Rights

All rights not expressly granted to you in these Terms are expressly reserved by Premier. This includes the following rights, which we reserve the right to exercise at any time:

  • We can make changes to our Site and Services without notice
  • We have the right to decide who’s eligible to use our Site and Services
  • We can decline to offer our Site and Services
  • We have the right to refuse or cancel any request at any time and for any reason, without informing you of such decision

You agree that Premier is not liable for any damages that may result from taking any of the above actions.

  • Informational Use Only

All information and services provided through the website including, without limitation, the “Boat Builder” and “Find a Dealer” features are for informational purposes only. Premier does not guarantee that any particular boat will be available at any particular time, and Premier does not endorse any particular dealer. All such information is made available strictly for your own personal, informational use. All videos, brochures, and other information available on or accessed in connection with the Site are provided as is and are subject to change and modification at any time.

 

  • Disclaimer of Warranties

Premier tries to keep the Site and Services working, error-free, and safe, but cannot guarantee that the Site and/or the Services will be secure or that access to or use of the Site and the Services will be uninterrupted or free of errors or omissions. Premier uses reasonable care and skill in providing the Site and the Services, but the Site, the Services, and any products provided through the Site are provided without any warranties of any kind. 

PREMIER AND ITS AGENTS, OFFICERS, EMPLOYEES, SUCCESSORS, AND AFFILIATES PROVIDE THE SITE, THE SERVICES, AND ANY PRODUCTS AVAILABLE THROUGH THE SITE “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND PREMIER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. PREMIER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF CONTENT, THAT THE SERVICES, THE SITE, OR ANY PRODUCTS WILL MEET YOUR PARTICULAR NEEDS, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SITE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PREMIER OR A PREMIER-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.

  • Limitation of Liability

IN NO EVENT WILL PREMIER, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE, AND PRODUCTS PURCHASED FROM THE SITE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT PREMIER HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL PREMIER BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU TO PREMIER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING ANY SUCH CLAIM.

  • Indemnification

You agree to indemnify, hold harmless, and defend Premier, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to (i) use of the Site, the Services, or goods acquired through the Site by you; (ii) breach of these Terms by you; (iii) any information used, stored, or transmitted by you; or (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by you or anyone using your computer.

  • Monitoring; Enforcement; Termination

You acknowledge that Premier has the right to (i) monitor your use of the Site and Services to ensure compliance with the Terms; (ii) take any action with respect to any content or actions that Premier deems inappropriate in its sole discretion; (iii) take appropriate legal action, including without limitation, referral to law enforcement or disclosure of your identity, for any illegal or unauthorized actions.

  • Governing Law  

These Terms shall be governed by Minnesota law except for its conflicts of laws principles. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site or Services, or violation of any intellectual property. You agree that any proceedings arising out of these Terms or your use of the Site or Services shall be brought in the federal or state courts in Hennepin County, in the State of Minnesota and you hereby irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the city of Minneapolis and County of Hennepin, Minnesota in any legal suit, action, or proceeding arising out of or related to these Terms.

This provision shall not apply to consumers in countries that require agreements to be governed by the local laws of the consumer’s country.

  • Miscellaneous

No waiver of any term, provision, or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof.  No waiver shall be binding unless executed in writing by the party making the waiver.

If any provision of these Terms is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

These Terms and the Privacy Policy constitutes the complete and exclusive statement of the agreement between you and Premier, and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between you and Premier.

 

Feedback, questions, comments, requests for technical support and other communications relating to the Site or Services should be directed to marketing@pontoons.com.