Maryland Nautical Website Terms of Use

 

Maryland Nautical Sales, Inc. and its parent and their subsidiaries and affiliated companies (collectively and alternatively, “Maryland Nautical” or the “Maryland Nautical family”), own, operate and/or control a global network of websites and web pages, including www.mdnautical.com (collectively the “Sites”).  These Sites are provided to visitors and users of the Sites (collectively, “You” or “Your”) only if You agree to these Terms of Use unconditionally and without modification.  Your use of any of the Sites constitutes Your acceptance and agreement to all these terms and conditions and with respect to all of the Sites.  Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Sites, all of which are incorporated into these Terms of Use. You will be bound by such additional terms should You use the specific features or portions of the particular Sites.  If these additional terms conflict with these Terms of Use, the additional terms shall apply.  PLEASE TAKE THE TIME TO READ ALL TERMS OF USE CAREFULLY BEFORE USING THE SITES.  By accessing, registering on or otherwise using any of the Sites, You unconditionally agree to these Terms of Use whether or not You have read them.  If you do not agree to these Terms of Use, You may not access, view or use the Sites. 

1.             Generally

You are free to browse the Sites to learn more about Maryland Nautical and the Maryland Nautical family of products and services.  You may also view product catalogs, submit questions with respect to product use and availability, and, now or in the future, interact with other Maryland Nautical customers and participate in any surveys, blogs or other services (although many of these activities require that You register).  The Sites and all material posted on the Sites or otherwise approved by Maryland Nautical (collectively, “Licensed Content”) may be used for the sole and limited purposes set forth in the Sites and these Terms of Use.  You may view and print portions of the Licensed Content for Your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms of Use.  Any other use of Licensed Content without Maryland Nautical’s prior written approval is strictly prohibited. 

2.             Product, Safety and Other Technical Information

While Maryland Nautical uses commercially reasonable efforts to provide accurate information, the industry of which Maryland Nautical is a part and the laws and regulations applicable to that industry do change.  Therefore information contained on the Sites may not be current, accurate or complete.  Because many factors go into the decision-making process of purchasing a given product or service and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only.  Maryland Nautical cannot ensure or guarantee and does not warrant that Your product selection will be accurate, meet Your (or, if applicable, Your customer’s) particular needs or requirements or that the recommendations, regulations or other information provided by Maryland Nautical experts or other Sites users is complete, accurate or current.  Please read and follow all instructions contained in product manuals and other documentation supplied with your order. 

PLEASE NOTE:  Some of the information and advice on the Sites may be provided by third party contributors who are not affiliated with Maryland Nautical.  Maryland Nautical makes no representation as to the truth, thoroughness, or accuracy of such information or advice. 

You must read, understand, and adhere to the safety notices and instructions pertaining to purchased products as well as other regulations and standards applicable to the nature and environment of ownership, maintenance, or use.  

  1. Payment/Credit

Sales made though the Sites shall be in accordance with Maryland Nautical’s standard payment terms, the latest version of which may be found here. [insert link to payment terms page.] Your right to use the Sites is subject to any credit limits established by Maryland Nautical or your credit card issuer.  If payment cannot be charged to your credit card or your charge is returned to Maryland Nautical for any reason, including chargeback, in addition to any other rights it may have, Maryland Nautical reserves the right to either suspend or terminate your access and account, thereby terminating all obligations of Maryland Nautical hereunder. 

Maryland Nautical reserves the right to establish a credit limit (the “Ceiling”) for you.  If your account reaches the Ceiling at any time, you agree that Maryland Nautical may, at its option, either bill your credit card for all unpaid charges on the account in excess of the Ceiling, or suspend or terminate your access and account until such time as your credit is re-established. 

In dealings between you and Maryland Nautical, Maryland Nautical shall be entitled to rely upon any consent given by anyone using your pass code. 

  1. Order Processing/Shipping

Maryland Nautical will respond to all orders received to confirm whether a requested product is in stock and provide an estimated shipping time.  Orders are generally processed and shipped Monday – Friday 8:30am – 4:30pm EST, excluding legal holidays or other factory/warehouse closings.  Street address is necessary, as orders cannot be delivered to PO Boxes.  Each order may have only 1 ship-to address.  If you require multiple ship-to addresses, please order separately for each ship-to address. 

All shipping costs shall be borne by you.  Please review the payment terms for information on shipping charges. 

  1. Taxes & Duties For International Orders

For orders that are shipped outside of the U.S. there will be local customs or duties. Please be aware that all countries have different fees and procedures for incoming packages. Please check with your country s customs office for precise charges before placing an order. If you refuse your package and do not pay the duties and taxes, the package will be returned back to us. You will be charged for all duties and taxes that are incurred by us, shipping costs both ways and all other handling fees.

  1. Returns/Refunds 

Maryland Nautical takes pride in its ability to meet your service satisfaction and product excellence requirements.   Merchandise must be returned within 30 days from the day your order was placed in unused, like-new condition.

  • A copy of the customer receipt and original packing slip must accompany all returns
  • A refund will be issued only to the original credit card.

You may return anything ordered from us within 30 days for exchange, credit, or refund EXCEPT the following:

  1. OceanGrafix Print-On-Demand Nautical Charts
  2. Textbooks & Study Guides (Coast Guard License Study Materials)
  3. Electronic Charts, DVDs & Videos
  4. Engraved Items
  5. Special Order Items

Damaged, incorrect Items and Shortage Claims

  • Please report damaged or missing items within 3 days of delivery by calling toll free 1-800-596-7245
  • If you receive incorrect or defective merchandise or shortages, call within 3 days for adjustment.

Maryland Nautical reserves the right to charge a restocking fee on product returns of $500 or more. 

Please address all product complaints as provided in the warranty and other materials provided on purchase.  Do not make product complaints through the Sites

Product and service description and pricing is subject to correction and change.  Maryland Nautical may refuse or cancel orders placed at an incorrect price, or based upon erroneous promotion terms, whether or not the order has been confirmed.   Maryland Nautical’s obligations, if any, with respect to its products and services are governed solely by the specific agreement through which they were provided.  Sales made through the Sites, if any, are governed by Maryland Nautical’s standard purchasing terms that are generated through your order. 

  1. Password and Account Security

The order processing and tracking area of the site is secure.  This means that the data you supply is protected by Positive SSL CA, a form of encryption.  You will know when you enter a secure area when you see a padlock at the bottom of your screen in a locked position.  Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure.  While we strive to protect your personal information, Maryland Nautical cannot ensure or warrant the security of any information you transmit to or from our on-line products and services and you do so at your own risk.  Once we receive your transmission, we make every effort to protect its security on our systems.  You are always welcome to fax, call or to mail your order to Maryland Nautical at any time, in lieu of on-line ordering. 

7.             Privacy and Data Security

Maryland Nautical values its relationship with visitors and customers and uses commercially available technology to safeguard any personal information collected through the Sites.  Nevertheless, the internet is an open medium and no data transmission through the internet is completely secure.  You transmit Your personal information at Your own risk.  Maryland Nautical does not guaranty or warranty the security of information You transmit.  Once received, Your personal information is stored in the United States.  Maryland Nautical takes various precautions to safeguard Your personal information against loss, theft and misuse as well as unauthorized access, disclosure, alteration and destruction. 

Information Collected:  In general, You may visit the Sites without telling Maryland Nautical who You are or revealing personal information about Yourself.  However, Maryland Nautical, its family of companies, its business partners and other companies providing services to or on behalf of Maryland Nautical (such as, for example, companies assisting with the operation or features of the Sites, advertising and the like) may use various technologies (such as cookies, web beacons, pixel tags, click-through URL links) to collect non-personally identifiable information discernable as a result of Your visit.  This may include, without limitation, Your IP address, web pages requested or viewed, date, time and domain type, demographic information and responses to surveys, promotions and advertisements. Information gleaned from Your browser is automatically received and recorded on server logs.  As technology evolves, information may be gathered through other means as well.  You may set Your browser either to notify You when You receive a cookie or to refuse to accept cookies.  However, if you do so You may not be able to participate in certain of the Sites’ features. 

Information that personally identifies You, such as Your name, address, e-mail address, telephone number as well as demographic data specific to You may also be collected from a variety of sources.  You may provide personally identifiable information directly, it may be gleaned through the Sites or collected from other sources.  For example, when You register on the Sites, You create a personal profile – providing Your name, telephone number, email address and in some cases Your mailing address or credit card information – and choose a password for security.  You may provide credit card and other information in connection with orders of merchandise.  Some or all of this information may be saved.  You cannot communicate with Maryland Nautical through the service or customer support links on the Sites or via e-mail without providing personally identifiable information.  If You contact Maryland Nautical or its service providers, a record of that session or correspondence will be maintained.  Personally identifiable information is collected and stored when You create an account, make purchases, access or participate in public blogs, bulletin boards or similar interactive components of the Sites, or request information, literature and/or product information.  If you use a bulletin board, chat room or other interactive public areas of any of the Sites, any information You share is visible to other users.  Personally identifiable information You submit to one of these forums can be read, collected or used by other individuals to send You unsolicited messages.  Maryland Nautical is not responsible for personally identifiable information You choose to submit in these forums.  If You do choose to make otherwise non-public information available by enabling certain user features, Maryland Nautical will collect that information from Your interaction and the information will become publicly available. 

Information Use/Sharing:  Maryland Nautical will not trade, sell or share Your personal information with third party marketers without Your consent unless required by law or as disclosed to You as provided in these Terms of Use or when the information is collected.  Maryland Nautical may use any information gained through the Sites for any legal purpose. Maryland Nautical uses personal information You provide in a number of ways.  When You register, You create a member profile that enables You to choose to interact with Maryland Nautical in a variety of ways, including receiving emails and text messages.  You may, at any time, limit Your interactions, for example, by updating Your member profile to stop receiving updates.  Please note that You may continue to receive messages for a short time until Maryland Nautical’s records are updated.  Personal information is required to fulfill Your requests for products, literature or other information, to provide product support, product research, answer questions, correct problems with the Sites, to notify You of new or improved products or product uses, to enlist Your participation in surveys or promotions to customize Licensed Content, improve customer support services, or conduct research, advertising, marketing and promotional campaigns, to provide anonymous reporting for internal use and to third parties.  Information collected from any source may be combined to improve products and services and enable more targeted, tailored communications.  It may also be aggregated and made available without identifying You to ascertain trends, products, security/privacy patterns and research, internal record keeping and reporting, measuring and reporting learning, performance and other statistical information concerning any aspect of the Sites. 

Many companies within the Maryland Nautical family sell consumer and commercial products.  Unless not permitted by law, all companies within the Maryland Nautical family, including its world-wide affiliates, share information collected through the Sites and may contact You directly.  Maryland Nautical may also share Your information with businesses that offer products that it believes may be of interest to You as well as those providing services to Maryland Nautical.  These businesses may then contact You directly with product or sample offers that may be of interest to You, personalized offers and information or to ask for Your feedback on products and programs. 

If Maryland Nautical were to merge with or be acquired by another company or if it were to cease operations, Your information may be transferred to the surviving or acquiring company and will then be subject to that company’s privacy policy which may be different from that of Maryland Nautical.  Your personal information may be disclosed if there is reason to believe that disclosure is necessary to identify, contact or bring legal action to enforce any legal rights, including against You or a third party, for nonpayment, violation of any agreement, and to prevent injury to or interference with Maryland Nautical’s rights or property, the rights or property of users of other Sites or anyone else that could be harmed by such activities.  Maryland Nautical may disclose or access account information when it believes, in good faith, that disclosure is required by law, for administrative and other purposes deemed necessary to maintain, service and improve Maryland Nautical products and services and to protect its rights or property.  By accessing and using the Sites, You agree that information You have provided may be used and disclosed as described above or as these Terms of Use may be modified from time to time. 

To Update Your Information/Unsubscribe:  You have choices as to how Maryland Nautical will communicate with You.  The Sites allow You to choose to receive, or stop receiving communications from Maryland Nautical.  You may update Your information or stop receiving promotional email or postal communications.  Please return to the Site homepage to unsubscribe.

International Visitors/Users: If you access the Sites outside the United States, your connection is through and to servers located in the United States. Any personal information you provide will be processed and maintained in the United States on Maryland Nautical servers and/or other network systems operated by or for Maryland Nautical's benefit. If your country of origin has laws or regulations which require that your personal information be received, used, transferred and/or saved in a manner different than as stated in these Terms of Use, then you are not authorized to provide such information to Maryland Nautical and/or through the Site(s).  If you access the Sites from and/or reside outside of the United States, your information may be stored, transmitted and shared in accordance with U.S. data privacy laws which may not be equivalent to those in effect in your country. 

Notice to California residents about your California privacy rights:  In addition to the other rights described in this policy, if You are a customer residing in California, You have the right to request information regarding the third parties with whom Maryland Nautical has shared customer personal information for direct marketing purposes during the past year. You have the right to submit a request to Maryland Nautical at its designated address and receive the following information within 30 days of its receipt of that request: (1) the types of personal information disclosed to third parties during the immediately preceding calendar year, (2) the names and addresses of third parties that received the personal information, and (3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of its products or services. You are entitled to receive a copy of this information in a standardized format.  Information provided will not be specific to you individually. All such requests must be in writing and sent to Maryland Nautical’s designated address set forth in Section 18. 

8.             User Conduct

In general, Maryland Nautical expects visitors to interact with Maryland Nautical and other users of the Sites in a courteous manner and in compliance with all laws.  However, certain more interactive portions of the Sites, such as testimonials, blogs and other social media forums require special mention.  Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature or form on the Sites, including via e-mail, post or other transmission is strictly prohibited.  Impersonation of others or misrepresenting Your affiliation with Maryland Nautical or another is prohibited.  You may not upload to, distribute or otherwise publish through the Sites any material that you know is false, misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, infringes upon another’s proprietary rights is invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability. 

You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Sites, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right (“Rights”).  You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Sites, use the Sites to solicit others, advertise or promote anything.  Framing, in-line linking or other means of associating the Sites, Marks or Licensed Content with another or with any material, link or information not originating with Maryland Nautical is expressly prohibited. 

You may not probe, scan or test the vulnerability of the Sites or any networks. You many not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Sites or Licensed Content.  You may not reproduce or circumvent the navigational structure or presentation of the Sites or any Licensed Content, circumvent the security features or attempt to access any materials or information through any means not purposely made available by Maryland Nautical through the Sites.  Any attempt to interfere with or disrupt the Sites, its servers, networks, Software, equipment or database connected to the Sites, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, trace the information of any other user or visitor, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Sites, users or other visitors is strictly prohibited. 

9.             Social Media/Blogs/User Submissions  Maryland Nautical requires that its employees, service providers and others endorsing or otherwise acting on behalf of a Maryland Nautical family brand on a blog or other public forum disclose his/her affiliation with Maryland Nautical and if it received incentives, free products, gifts or other compensation from Maryland Nautical. It is Maryland Nautical’s policy to adhere to Federal Trade Commission (FTC) guidelines.  The FTC requires endorsers to disclose a material connection with an advertiser and to not make misleading or unsubstantiated representations.  FTC compliance is Your responsibility.  In the spirit of fairness and in compliance with the FTC, You have a responsibility when writing reviews, articles, or sharing Your product opinion on social networks to let readers know if You received free product(s) or any other consideration of value from Maryland Nautical and to honestly express your opinion about the product(s).  To fully and completely understand Your obligations under the FTC Revised Endorsement and Testimonial Guides, go to http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf.  If you suspect a blogger is not making the proper disclosures please notify Maryland Nautical at the contact information listed in Section 16 below. 

Any comments, blogs, discussions, data, images, sounds, text, product ideas, suggestions or enhancements, as well as anything embedded therein, material, information or other communication You transmit, upload or post to the Sites, generally and through the public forums, or email to Maryland Nautical (collectively, “Communications”) are non-confidential and nonproprietary and shall become the property of Maryland Nautical.  Maryland Nautical has no obligation to preserve the confidentiality of or refrain from disclosing any Communications.  You recognize and acknowledge that Your submission of any suggestions, ideas, images, sounds, enhancements, data or other material is done on a non-confidential, non-proprietary basis, without expectation of compensation or attribution of any sort.  Maryland Nautical has no liability for and will be free to copy, disclose, distribute, incorporate and otherwise use all or any part of any Communications for any and all commercial or noncommercial purposes in any medium whatsoever and without additional consent or approval from You.  Please exercise caution and discretion in disclosing personal information through, including uploading photos to, any public forums. 

You are solely responsible for Your Communications and Your activities on the Sites.  Although Maryland Nautical will not, and has no obligation to, monitor Your Communications, it has the right not to post or publish Licensed Content and/or Your Communications and to delete, remove or edit any Licensed Content and or Communications at any time in its sole discretion without notice or liability of any notice or sort.  Under no circumstances is or will Maryland Nautical or its affiliates be liable in any way for any Communications, Your or another’s use of the Sites or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Sites.  Product performance, capability or other claims made through public, interactive areas provided on the Sites have not undergone review, testing, or research by Maryland Nautical to substantiate such claims.  Maryland Nautical cautions You not to use products for any purpose or in any manner other than as expressly set forth in the manufacturer’s warranty and product user manual. 

10.           Access by Children

Maryland Nautical recognizes that parents or other adults often purchase products for family use, including use by minors.  However, Maryland Nautical does not target or market to, and the Sites are not intended for use by, children under age 13.  Maryland Nautical does not knowingly and will not intentionally contact or request personal information from children under the age of 13 for marketing purposes.  Maryland Nautical will not contact children under age 13 about promotions, for marketing or any other purpose without a parent’s permission, nor will it ask for more personal information than is reasonably necessary to participate in a given activity.  If Maryland Nautical learns that a child under 13 has submitted its personal information, it will attempt to delete the information as soon as possible or seek parental consent.  Upon receipt of parental consent, children under the age of 13 may access family accounts.  However, the Sites does not filter ads or other material children may view through the Sites or linked sites, some of which may be inappropriate for children. 

11.           Indemnity

You agree to indemnify, defend, release and hold Maryland Nautical, its parent and each of their subsidiaries and affiliates and its and their officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including reasonable fees of attorneys and other professionals, due to or arising out of anything You submit, transmit through or upload to the Sites, Your use of the Sites, Your connection to the Sites, Your violation of these Terms of Use, Maryland Nautical’s standard terms and conditions of sale and/or invoice terms and conditions, or Your violation of any Rights. In the event You provide registration or other information that is untrue, inaccurate, fraudulent, or out of date, You agree to indemnify Maryland Nautical, its parent and each of their subsidiaries and affiliates and its and their officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against Maryland Nautical by any third party based upon the information You provide or Your use of the Sites. 

12.           Modifications to the Sites and these Terms of Use

From time to time Maryland Nautical may change the Licensed Content, the products and services offered, disable certain features of the Sites or expand the Sites’ capability.  Maryland Nautical also reserves the right at any time and from time to time to modify these Terms of Use, the Sites, their functionality and capabilities and/or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice.  You are responsible for regularly reviewing these Terms of Use.  You agree that Maryland Nautical shall not be liable to You or to any third party in any way. 

13.           Termination

Maryland Nautical, in its sole discretion, may suspend or terminate Your access, registration/membership or use for any reason, but especially if Maryland Nautical believes that You have violated or acted inconsistently with the letter or spirit of these Terms of Use.  Maryland Nautical may also, in its sole discretion and at any time, discontinue providing the Sites, or any part thereof, with or without notice.  Maryland Nautical may suspend, terminate and/or bar further access to the Sites at any time without prior notice to You.  Maryland Nautical shall not be liable to You or any third party for any suspension or termination of Your access to or use of the Sites. 

14.           Links

The Sites may contain links to other internet websites or resources.  When You link to those sites, You leave the Sites. Maryland Nautical has no control over such sites, their content and resources or the business practices or policies of operators of such sites.  The privacy terms set forth in these Terms of Use do not apply to the practices of any companies or individuals operating the linked sites.  Please use caution and review the privacy policies of any sites that You visit to learn more about their information-gathering practices.  Maryland Nautical expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources.  The inclusion of any link on the Sites and/or reference to any Third Party Mark (hereinafter defined) does not imply that Maryland Nautical endorses the linked site or the owner thereof or of such Third Party Mark.  Your use of any links is at Your own risk.  You further acknowledge and agree that Maryland Nautical shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any goods, services or materials available on or through any such link, site or resource. 

15.           Maryland Nautical’s Proprietary Rights

Everything You see or read on the Sites, including the expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Sites and Licensed Content, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use without Maryland Nautical’s express written permission.  The Sites and any necessary software or other technology used in connection with the Sites (“Software”), the collection, compilation, assembly and arrangement of Licensed Content, all images, photography, graphics, artwork, text, and other information and material found on the Sites, regardless of source, all Marks and other intellectual property relating thereto (except as expressly noted in this Section) and all information and data collected through the Sites (all of which are included in and as the “Licensed Content”), is owned by Maryland Nautical or its licensors and used under license granted to Maryland Nautical and contains proprietary and confidential information that is protected by all applicable intellectual property and other laws.  All trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another (collectively the “Marks”) and whether or not registered, are proprietary to Maryland Nautical and/or another Maryland Nautical affiliated company, parent, subsidiary or affiliate, or other third party owners who have granted Maryland Nautical the right and license to use its marks (“Third Party Marks”).  You may not use or display the Marks or Third Party Marks in any manner without the prior written consent of the applicable owner.  This includes use of the Sites address or Marks in page text, as key words, meta tags or any other “hidden text.”  A list of Marks appears at the end of these Terms of Use. This list is not exhaustive and the absence of a Mark from this list should not be viewed as a waiver by the owner of any of its rights. Other product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade dress of Maryland Nautical Corporation and/or its parent, subsidiary or affiliated companies and may not be used in connection with any other product or service in any manner, but especially not in a manner that is likely to cause confusion in the marketplace or in any matter that disparages or discredits Maryland Nautical or its affiliated companies.  Maryland Nautical may use any such material in any manner for any reason without Your consent, fee or obligation to account to You in any way, and, unless You and Maryland Nautical agree otherwise in writing, Maryland Nautical is and shall be the sole and exclusive owner. 

16.           Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Maryland Nautical. 

Maryland Nautical respects the intellectual property of others, and asks its users and visitors to do the same.  Maryland Nautical will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.  Upon receipt of notices complying with the DMCA, Maryland Nautical will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. 

If You believe that Your work has been copied in any way that constitutes copyright infringement, please provide all of the following information: 

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. a description of the copyrighted work that You claim has been infringed;
  3. a description of the material that You claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable Maryland Nautical to locate the material on the Sites;
  4. Your name, address, telephone number, email address and all other information reasonably sufficient to enable Maryland Nautical to contact You;
  5. a statement by You that You have a good faith belief that use of the material as described by You is not authorized by the copyright owner, its agent, or the law;
  6. a statement by You, made under penalty of perjury, that the information in Your notification is accurate and that You are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of copyright infringement should be directed to:

 

                By mail:           Maryland Nautical Sales, Inc.
                                         1400 E. Clement Street
                                         Baltimore, Maryland  21230
                                         Attn: Robert Davis 

                By fax:        
                By Email:         robert_davis@mdnautical.com
                                         (Please include “Notice of Infringement” in the subject line.) 

IMPORTANT NOTE:  THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MARYLAND NAUTICAL THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.  ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. 

17.           DISCLAIMERS AND LIMITATIONS OF LIABILITY

Maryland Nautical disclaims all representations or warranties about the accuracy or completeness of the Sites or Licensed Content. 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

(a)            YOUR USE OF THE SITE AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  MARYLAND NAUTICAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.

(b)           MARYLAND NAUTICAL MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT IT IS SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE,  (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS,  OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS.

(c)            ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.

(e)            NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARYLAND NAUTICAL OR THROUGH OR FROM THE MARYLAND NAUTICAL SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR OTHERWISE APPLICABLE PURSUANT TO YOUR PURCHASE OF MARYLAND NAUTICAL PRODUCTS.

(f)            MARYLAND NAUTICAL IS NOT LIABLE FOR ANY PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH ON THE SITE OR PROVIDED WITH THE PRODUCT PACKAGING. 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARYLAND NAUTICAL SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MARYLAND NAUTICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE.  IN ANY CASE, MARYLAND NAUTICAL’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00).  YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION.  WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST MARYLAND NAUTICAL WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED.   THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 

18.           Notice

Notices to You may be made via either email or regular mail.  Maryland Nautical may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to You generally on the Sites.  Notice or other correspondence to Maryland Nautical should be sent prepaid, by certified mail, return receipt requested or overnight commercial courier to: 

                                                                           Maryland Nautical Sales, Inc.
                                                                          1400 E. Clement Street
                                                                          Baltimore, Maryland  21230
                                                                          Attn:  Webmaster 

19.           Specific Trademark Information

The words “Maryland Nautical, “and all logos, individually and/or as may be combined with one another, are proprietary trademarks of Maryland Nautical Sales, Inc. and its parent and/or their subsidiaries and affiliates. 

20.           General Information

Maryland Nautical currently administers and operates the following Sites from its location in Baltimore, Maryland USA:  www.mdnautical.com and www.davisshipservice.com.  Although Sites may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on any of the Sites are available to all persons or in all geographic locations, or are appropriate or available for use in Your jurisdiction.  Maryland Nautical reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area in its sole discretion.  Any offer for any feature, product or service made on any of the Sites is void where prohibited.  These Terms of Use and any other agreements, whether or not referenced herein, constitute the entire agreement between You and Maryland Nautical with regard to and shall govern all purchases.  Your activities and use of the Sites supersede any prior agreements between You and Maryland Nautical.  You also may be subject to additional terms and conditions contained in invoices, purchase orders, terms and conditions of purchase/sale, shipping manifests, bills of lading or terms and contracts that may apply when You use affiliate services, third party content or third party software. These Terms of Use, Your use of the Sites and any other agreement with and the relationship between You and Maryland Nautical shall be governed by the laws of the State of Maryland without regard to choice of law provisions, nor shall the 1980 United Nations Convention on Contracts for the International Sale of Goods apply.  You and Maryland Nautical agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over the City of Baltimore, State of Maryland, regardless of the fact that the Sites is accessible outside the United States.  Notwithstanding the foregoing, Maryland Nautical may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights.  The failure of Maryland Nautical to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.  You agree that regardless of any statute or law to the contrary, You must file any claim or cause of action arising out of or related to Your use of the Sites or the Terms of Use within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.  The parties have expressly agreed that English shall be the official language governing these Terms of Use. 

21.           Violations

Please report any violations of the Terms of Use to [webmaster]

Please click here to confirm your acceptance of these Terms of Use.


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