Terms of Use

Effective January 1, 2017

Please read these Terms and Conditions carefully before using this website.

INTRODUCTION

Thank you for visiting NauticStarBoats.com, which is owned and operated by NauticStar Boats, LLC. NauticStar Boats (“NauticStar”) provides this website as a service to our customers and the public to provide information about our products and services as well as other educational information. By using, accessing, or viewing this site, you agree to all of the following Terms and Conditions, as well as those outlined in NauticStar’s Privacy Policy, which is expressly incorporated herein. These Terms and Conditions apply to all use of and access to any text, graphics, information, documents, web pages, software, code, metadata, and other content that make up this website (“Content”).

COPYRIGHTS AND TRADEMARKS AND OTHER INTELLECTUAL PROPERTY

©2017 NauticStar Boats LLC. By accessing, viewing, or using this website, you agree to abide by U.S. and international copyright law and all other applicable laws. NauticStar owns the copyright in all Content, unless otherwise indicated. You may not copy, reproduce, alter, modify, or create derivative works of any Content, in any format or media, without NauticStar’s express prior written permission.

NauticStar Boats, the NauticStar Logo, and our other logos and marks appearing on this site are trademarks or registered trademarks of NauticStar Boats LLC. All other marks belong to their respective owners. NauticStar provides downloadable electronic files of its logos at http://www.nauticstarboats.com/downloads/nauticstar-logo-branding/. You are prohibited from downloading or using any of these logos for any purpose, unless (1) NauticStar previously has authorized you to do so as one of our dealers, sales representatives, or other authorized agents (or your use constitutes lawful fair use); and (2) such use conforms strictly to our style guide, these terms and conditions, and any other agreement between you and NauticStar. You agree not to modify, recolor, or otherwise alter these logos in any manner.

Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of NauticStar, or any third party, except as expressly granted herein. NauticStar will take all necessary steps to enforce its intellectual property rights to the fullest extent of the law.

ACCEPTABLE USES

You agree to access and use this site in good faith, and only for the purpose of obtaining information about our products or services, or other educational information contained on this site. NauticStar, in its sole discretion, may determine which uses of this website are improper and/or unauthorized. Any use of this website for any purpose not expressly authorized by NauticStar is strictly prohibited. Unauthorized uses of this website include, but are not limited to, the following:

  1. Using, accessing, or viewing this website for any purpose that is competitive with NauticStar or that is otherwise harmful to NauticStar or other users of this website;
  2. Exploiting this website for or in connection with soliciting any business activity involving third party product or service not from NauticStar, including recruitment, marketing, advertising, or the sale, of any such third party product or service;
  3. Using this website in violation of any national, state, or local law or in violation of any legal duty owing to NauticStar or any third party arising under contract or tort;
  4. Submitting or disclosing private information of third parties, or information that is false in any manner or that impersonates any third party;
  5. Using spiders, robots, data-mining techniques or other automated technologies to download, store, reproduce, or distribute content available on this website;
  6. Using any virus, malware, or other computer code designed to disrupt, limit, destroy, or otherwise modify or harm the functionality or appearance of this website;
  7. Violating NauticStar’s Privacy Policy; and
  8. Violating any other part of these Terms and Conditions.

UNSOLICITED IDEA SUBMISSION POLICY

NauticStar does not accept any unsolicited ideas, suggestions, or other materials regarding improved products, services, technologies, processes, enhancements, marketing, business plans, or any product names or marks (“Unsolicited Ideas”). To avoid any misunderstanding that any NauticStar product, service, or other work created by NauticStar may be similar to Unsolicited Ideas submitted to NauticStar, you agree not to submit any Unsolicited Ideas to NauticStar or any of its employees either through this website or otherwise.

If, despite our policy, you do submit Unsolicited Ideas to NauticStar, then regardless of the content of such submissions, and notwithstanding any rights that you may have or may claim in such Unsolicited Ideas, you agree that (1) NauticStar shall automatically and exclusively own all rights in and to such submissions; (2) NauticStar may copy, distribute, and otherwise use such submissions for any purpose and in any way; (3) NauticStar has no obligation to review or consider such submissions; (4) NauticStar has no obligation to keep any submissions confidential; and (5) you are not entitled to any royalty or other compensation from NauticStar for such submissions.

Independent of this Unsolicited Ideas Submission Policy, NauticStar does welcome your feedback regarding NauticStar’s existing products or this website, which we encourage you to send us comments through our contact page or through the contact information below.

ONLINE STORE

NauticStar’s online merchandise store is managed by a third-party service provided by Sullivan Group Inc. Merchandise, including branded apparel, are offered through the online store. We cannot guarantee the availability of particular merchandise at any time, and we reserve the right to change merchandise offerings at any time. While we strive to keep the website up-to-date, we also cannot guarantee that merchandise as shown is portrayed or priced accurately. Credit Card, other payment methods, and personal information are maintained by the vendor and are not the responsibility of NauticStar Boats. You are also subject to the Terms of Use and Privacy Policy of Sullivan Group, Inc. Use this service at your own risk.

ACCURACY OF WEBSITE

NauticStar makes no representation or guarantee and assumes no legal liability or responsibility for the currency, accuracy, quality, or completeness of the Content or any information contains on this site. Reasonable efforts are taken to ensure the accuracy and integrity of all information provided on this site; however NauticStar is not responsible for broken links, out-of-date information, or other errors. By using this website, you assume the risk that the Content on this website may be inaccurate, incomplete, not up-to-date, or otherwise not meet your needs or requirements. All Content and information on this website are subject to change without notice.

EPA COMPLIANT FUEL SYSTEMS

NauticStar Boats fuel systems comply with Federal EPA regulations as per our fuel cell manufacturers compliance certification agreement. Published fuel capacity for each boat is based on the maximum unfilled tank size. Actual fuel capacity of each boat is affected by factors such as EPA-required fuel system components, temperature, and boat loading which may reduce the usable fuel capacity by 10%.

SPECIFICATIONS

Specifications such as draft, speed, deadrise, time-to-plane, and other performance related specifications are effected by motor selection, amount of fuel, people on board, gear, prop type and pitch, etc. The published draft is determined with the boat empty, no-fuel, with a motor, and no options unless otherwise specified.
Independent performance data is collected by Yamaha Motor Corporation from in-water tests. Actual performance may vary from the publish performance data by Yamaha. NauticStar does not guarantee your boat will meet the performance ratings of the tests.

PERFORMANCE BULLETINS AND TEST DATA

The information and data contained in the Yamaha Performance Bulletins and published on the NauticStar website is approximate and subject to many different factors and variables. It is provided as a guideline only and should not be relied upon as representative of actual performance. Your boat’s performance may be different than the information contained in this Performance Bulletin due to various factors, including your boat’s actual weight, wind and water conditions, temperature, humidity, elevation, bottom paint, boat options affecting wind/water drag and/or boat weight, and operator ability. Please confirm the specifications and performance data on your specific boat/engine combination with your dealer prior to purchase. Please also keep in mind that the data contained in Performance Bulletins may or may not have been performed using Yamaha PowerMatched components. Yamaha reserves the right to change the specifications and performance data of the Performance Bulletins or engine without notice. The documents contain many of Yamaha’s valuable trademarks. They may also contain trademarks belonging to other companies. Any references to other companies or their products are for identification purposes only, and are not intended to be an endorsement.

DISCLAIMER OF WARRANTY

THE CONTENT IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOUR ACCESS TO AND USE OF THIS SITE AND ANY CONTENT OR INFORMATION FOUND HEREIN ARE ENTIRELY AT YOUR OWN RISK. NAUTICSTAR SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO SUCH INFORMATION AND CONTENT.

RELEASE AND WAIVER OF LIABILITY

YOU AGREE THAT IN NO EVENT WILL NAUTICSTAR BE LIABLE, AND YOU HEREBY RELEASE NAUTICSTAR FROM ANY LIABILITY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES SUSTAINED AS A RESULT OF YOUR USE, INTENDED USE, FORWARDING, OR COPYING OF THIS WEBSITE OR THE CONTENT, EVEN IF NAUTICSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NAUTICSTAR FOR ANY LIABILITY, DAMAGES, LOSSES, AND COSTS OF ANY KIND, (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) RELATED TO THIRD-PARTY CLAIMS, CHARGES, COMPLAINTS, OR INVESTIGATIONS, CAUSED BY YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS OR ANY OTHER ACTIVITY IN WHICH YOU ENGAGE THROUGH THIS WEBSITE OR ANY EMAIL OR OTHER ONLINE COMMUNICATION OR SERVICE PROVIDED BY NAUTICSTAR.

LINKS TO THIRD-PARTY WEBSITES

Certain links on this website may lead to resources or content located on servers that are not maintained by NauticStar or under its control. NauticStar makes no claim, warranty, or representation regarding, and is not responsible for, the quality, content, nature, accessibility, or reliability of any such linked third-party website and the information, products, and services found on such third-party website or any link contained on such site.

SOCIAL MEDIA GUIDELINES AND DISCLAIMER

NauticStar’s social media sites such as, but not limited to, Facebook, Twitter, Instagram, YouTube, Linkedin, etc. are places where we encourage interaction and discussion between dealers, boat owners, customers, friends, staff, and anyone interested in the NauticStar Boats line of products.

While we do not have the staff to monitor every post related to NauticStar, we do make an effort to respond to questions or comments as promptly as possible.

NauticStar ask that you’re respectful in your comments. We reserve the right to remove anything we deem:

  • Abusive or personal attacks
  • Material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other entity
  • Third party advertising
  • Chain letters or ‘spam’

We also reserve the right to terminate involvement by users who post such content.

The views and opinions expressed on NauticStar’s social media sites do not necessarily represent those of the NauticStar Boats LLC. Therefore, we cannot be held responsible for the accuracy or reliability of information posted by external parties.

Use at your own risk. Never include your phone number, email, address or other personal information in a post. Your comments are visible to all.

Posts and comments are also subject to each site’s Terms of Use, Privacy Policy, Terms of Service, and any other terms.

Views, thoughts, and opinions expressed on social media sites belong solely to the author, and not necessarily to the author’s employer, organization, committee or other group or individual.

NO ENDORSEMENT

The inclusion on this website of any link to another website, or any reference to any third-party product or service by trade name, trademark, manufacturer, or otherwise, is provided only as a convenience and the inclusion of any link or reference does not constitute or imply an endorsement, approval, affiliation, sponsorship, or recommendation by NauticStar.

CHILDREN

This website is intended for general audiences and is not geared toward children. Children under the age of 13 are not permitted to submit any information through the interactive features of this website. For more information about protection of children’s privacy online, please review our Privacy Policy.

NO OFFER AND NO SOLICITATION; FORWARD-LOOKING STATEMENTS

The information provided on this website is not intended to and does not constitute an offer of or solicitation for the purchase or disposal of, trading, or transaction in any securities. Investors must not rely on any information contained herein for investment decisions.

This website may contain certain “forward-looking” statements. Forward-looking statements, by their very nature, include risks and uncertainties that could cause actual results to be materially different from those anticipated in or implied by forward-looking statements. Forward looking information may be subject to a variety of significant uncertainties, including business, economic, and financial factors, and therefore actual results may differ significantly from those presented.

APPLICABLE LAWS AND JURISDICTION

This website (excluding linked sites) is controlled by NauticStar within the State of Mississippi, United States of America. It can be accessed throughout the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of the United States and Mississippi, you and NauticStar agree that the statutes and laws of the State of Mississippi will apply to all matters relating to the use of this website, without regard to its conflicts of laws principles and, further. You also agree that any actions arising out of your use or access to this website shall only be brought in the state or federal courts located in the State of Mississippi, and you hereby waive any objection to the jurisdiction of or venue in such courts.

NauticStar makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

VOID WHERE PROHIBITED

Although this website and its Content may be accessible worldwide, not all products discussed on this website are available to all persons or in all geographic locations or jurisdictions. NauticStar reserves the right to limit the marketing and/or sale of its products and the accessibility of this website. Any offer for any product made on this website is void where prohibited by law. Unless otherwise noted, product names, descriptions, and labeling are of United States origin.

MISCELLANEOUS TERMS

These Terms and Conditions represent the entire understanding and agreement between you and NauticStar with respect to your access to and use of this website. If any portion of these Terms and Conditions is deemed enforceable, void, or otherwise unlawful, then that portion shall be severed and will not affect the validity and enforceability of the remaining Terms and Conditions. No waiver of or delay in enforcing any provision or of any breach of these Terms and Conditions shall constitute a waiver of any other provision or any other breach.

CHANGES TO TERMS AND CONDITIONS

NauticStar reserves the right to change these Terms and Conditions at any time by publishing the amended Terms and Conditions at www.NauticStarBoats.com. You should visit this page from time to time to review the then-current Terms and Conditions that are binding on you. Certain Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular web pages visited by you or correspondence sent to you.

CONTACT INFORMATION

You may send any questions or concerns regarding these Terms and Conditions, or any comments or other inquiries regarding this website, to the following:

Attn: Website Inquiry
NauticStar Boats
PO Box 26
Amory, Mississippi 38821
Email: info@NauticStarBoats.com

EFFECTIVE DATE

The effective date of these Terms and Conditions is January 1, 2017.

TOP