Nautical Cross Privacy Policy

Below you will find the Privacy Policy for Nautical Cross, effective July 1, 2008.We understand that making purchases online involves a great deal of trust on your part.We take this trust very seriously, and make it our highest priority to ensure the securityand confidentiality of the personal information you provide to us. Please read the followingpolicy to learn about our privacy practices. By visiting our U.S. website, www.nauticalcross.com you are accepting the practices described herein:

• What information we collect from you
• How we use your information
• With whom we share your information
• How you can access your information
• Your choices with respect to the collection and use of your information
• How we protect your information
• Children’s privacy
• External links
• Changes to this Privacy Policy
• How you can contact us

What information we collect from you

In General. We receive and store any information you enter on our Web site or give us in any other way. This includes information that can identify you (“personal information”), including your first and last name, telephone number, postal and e-mail addresses, and,in some cases, billing information (such as credit card number, cardholder name,and expiration date). We also may request information about your boat, yacht club memberships and favorite destinations/routes. You can choose not to provide information to us, but in general some information about you is required in order for you to register as a member; purchase products or services; complete a profile; participate in a survey, contest, or sweepstakes; ask us a question; or initiate other transactions on our site

Information from Other Sources. We also may periodically obtain information about you from ourbusiness partners and other independent third-party sources and add it to our account information.Examples of information we may receive include: updated delivery and address information, which we use to correct our records and to facilitate proper delivery of information; and demographic information, which we use to better understand your potential purchasing preferences.

Automatic Information. We automatically collect some information about your computer when youvisit nauticalcross.com. For example, we will collect your IP address, Web browser software (such as Netscape Navigator or Internet Explorer), and referring Web site. We also may collect information about your online activity, such as products viewed and purchases made. One of our goals in collecting this automatic information is to help customize your user experience.

Cookies and Other Web Technologies. When you visit nauticalcross.com, we may assign your computer a “cookie” (a small, unique identifier text file). For example, when you sign in as an nauticalcross.com member, we record your member ID and the name on your member account in the cookie file on your computer. We also may record your password in this cookie file, if you checked the box entitled “Save this password for automatic sign-in.” Note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes. You can always choose not to receive a cookie file by enabling your Web browser to refuse cookies or to prompt you before accepting a cookie. Please note that if you refuse to accept cookies from nauticalcross.com, you may not be able to access some of the features on the Nautical Cross website.

Information Collected by Third-Party Advertising Companies. Third-party advertisers, such as those we use to serve ads on our behalf across the Internet, may use cookies and other technologies (such as Web beacons or single-pixel GIFS) for several purposes, including: to measure the effectiveness of their ads; to analyze, modify, and personalize advertising content on nauticalcross.com and other sites; and to provide ads about goods and services we hope will be of interest to you. We do not have access to or control over cookies or other features they may use, and the information practices of these advertisers are not covered by this Privacy Policy. You can find out more about third-party advertisers and explore the option of not having this information collected by clicking here.

How we use your information

Nauticalcross.com uses sensitive billing information (such as cardholder name, credit card number, and expiration date) for the purpose of completing the purchases you conduct on our site. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with order confirmation and product updates; to manage your account, including processing bills and providing shipment notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and Web site; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with nauticalcross.com, to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms of Use; and as otherwise described to you at the point of collection.

Please review “Your choices with respect to the collection and use of your information” below.

With whom we share your information

Nauticalcross.com may share your information with the following entities:
• Third party vendors. We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but are not permitted to share or use the information for any other purpose.
• Business partners with whom we may jointly offer products or services. You can tell when a third party is involved in a product or service you have requested because their name will appear with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners and recommend you evaluate their practices before deciding to provide your personal information.
• Companies within the Nautical Cross family. Sharing this information with our U.S. corporate affiliates enables us to provide you with information about products and services, both boating-related and other, which might interest you. To the extent that our corporate affiliates have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Policy. They also will comply with applicable laws governing the transmission of promotional communications and, at a minimum, give you an opportunity in any commercial e-mail they send to choose not to receive such e-mail messages in the future.

We also may share your information:
• In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
• When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of nauticalcross.com, our customers, or others; and in connection with our Terms of Use and other agreements.
• In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.

We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors a Web site receives or what are the most popular products. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.

How you can access your information

You can access your information at the My Account page on nauticalcross.com, where you can view, update, or change your personal information. On this page, you also can change your password; elect to have an automatic password sign-in when logging on to nauticalcross.com; and view your order history.

You can close your Nauticalcross.com account by sending an email to us using the Contact Us link on nauticalcross.com, or by calling us at 1.877.356.4046. We will send you an e-mail confirming your request to close your account to the e-mail address contained in your member profile. Please note that after you close an account, you will not be able to sign in or access any of your personal information. However, you can open a new account at any time. Please also note that we may retain certain information associated with your account for analytical purposes as well as for recordkeeping integrity.

Your choices with respect to collection and use of your information
• As discussed above, you can choose not to provide us with any information, although it may be needed to make a purchase or to take advantage of certain features on the nauticalcross.com website.
• You also can add or update information on the My Account page and close your account as described above.
• You may write a letter to us expressing your wish to opt out of communications. Our address is 23550 Center Ridge Road, Suite 106 Westlake, OH 44145.
• You can also call us at 1.877.356.4046.
• When you register as a member on nauticalcross.com, you will be given a choice as to whether you want to receive e-mail messages from nauticalcross.com about special offers. As a registered nauticalcross.com member, you can modify your choice at any time on the My Account. Whether registered as a nauticalcross.com member or not, you also will be given the opportunity to unsubscribe from commercial messages in any such e-mail we send. Please note that we reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating either to your nauticalcross.com account or to your transactions on nauticalcross.com, without offering you the opportunity to opt out of receiving them.
• The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from nauticalcross.com, you may not be able to access portions of our site.

How we protect your information

We want you to feel confident about using nauticalcross.com to purchase your boating supplies, so we are committed to protecting the information we collect. While no Web site can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they only may do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.

Notice to California Residents – Your California Privacy Rights
Under California law, a California resident with whom Nautical Cross has an established relationship has the right to request certain information with respect to the types of personal information Nautical Cross has shared with third parties for their direct marketing purposes, and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. All requests for such information must be in writing and sent to: Nautical Cross 23550 Center Ridge Road, Suite 106 Westlake, OH 44145; Attention: Privacy Officer. This same California law permits Nautical Cross to provide you, in response to your written request, with a cost-free means to choose not to have your information shared rather than providing the above described information. You may exercise that choice by any of the means described above under “Your choices with respect to collection and use of your information”.

Children’s privacy
Nauticalcross.com does not sell products or other services for purchase by children. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.

External Links

If any part of the nauticalcross.com Web site links you to other Web sites, those Web sites do not operate under this Privacy Policy. We recommend you examine the privacy statements posted on those other Web sites to understand their procedures for collecting, using, and disclosing personal information.

Changes to this Privacy Policy

Nauticalcross.com may update this Privacy Policy in the future. We will notify you about material changes to this Privacy Policy by sending a notice to the e-mail address you provided to us or by placing a prominent notice on our Web site.

How you can contact us
If you have questions about either Privacy Policy (or your purchases), please e-mail us using the Contact Us link on nauticalcross.com, or by calling 1.877.356.4046. This Privacy Policy is effective as of July 1, 2008.

Terms and Conditions for Use of this Site

This web site (the “Site”) make available information on the Nautical Cross line of products and other boating-related or consumer goods and services. This Site, and the services of each of its modules, are offered exclusively by Nautical Cross and/or its various third party providers and distributors. The offer of such goods and/or services is conditioned on the user’s (“User(‘s)” or “You®”) acceptance of the terms and conditions and notices set forth herein and on other pages of the Site (collectively the “Terms”). BY ACCESSING USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE (“AGREEMENT”) WITHOUT MODIFICATION. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY.

Use of Site.

The services of this Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this Site, You represent that You are of sufficient legal age to use this Site and to create binding legal obligations for any liability You may incur as a result of the use of this Site. You also warrant that You are legally authorized to make purchases for either Yourself or for another person for whom You are authorized to act. You may only use this Site to make legitimate purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases, or any purchase in anticipation of demand. This Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from Nautical Cross has been granted. You agree that You will not use this Site for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, You agree not to create a hypertext link from any web site controlled by You or otherwise, to this Site without the express written permission of Nautical Cross. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of Nautical Cross or any third party that provides services related to this Site. You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain Nautical Cross’s prior express written consent. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to Nautical Cross and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Nautical Cross or cause Nautical Cross to lose (in whole or in part) the services of our suppliers.

Terms Incorporated by Reference

In addition to these Terms, You agree to the Nautical Cross Privacy Policy specified at the following link, which is hereby incorporated into this Agreement: The terms and conditions of Nautical Cross Privacy Policy are found at the following link: NC Privacy.

Proprietary Rights Information

This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Nautical Cross and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Nautical Cross and/or other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Nautical Cross trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.

Trademarks

The trademarks, logos and service marks and trade dress displayed on this Site (collectively, the “Trademarks”) are registered and common law Trademarks of Nautical Cross, its affiliates and various third parties. Nautical Cross logos and product and service names are trademarks of Nautical Cross. Any reproduction or use of any of the contents of this Site without the express written consent of Nautical Cross is prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Nautical Cross or such other party that may own the Trademarks.

Copyright

This Site is the copyrighted property of Nautical Cross and/or its various third party providers and distributors. This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the written permission of Nautical Cross, except that you may download, display and print one copy of the materials presented on this Site on a single computer for Your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is strictly prohibited.

User Feedback

By submitting any ideas, comments, suggestions or other information to Nautical Cross related to improvements to the Site and/or services related to the Site; (collectively, the “Feedback”), You agree that such Feedback shall be deemed, and shall remain, Nautical Cross’s property. None of the Feedback shall be subject to any obligation of confidentiality on Nautical Cross’s part and Nautical Cross shall not be liable for any use or disclosure of any Feedback. Nautical Cross shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to You. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to provide the proprietary rights to Nautical Cross stated above.

Notice and Procedure for Making Claims of Copyright Infringement

Nautical Cross respects the intellectual property rights of others. If you think that your work has been copied in a manner that constitutes copyright infringement, please provide our copyright agent with the following information: 1. a physical or electronic signature of the person authorized to act on behalf of the owner of the applicable copyright; 2. a description of the copyrighted work that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the Site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. a statement by you that your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Nautical Cross’ copyright agent can be reached as follows: Copyright Agent 23550 Center Ridge Rd, Suite 107 Westlake, OH 44145 1.877.356.4046

Privacy, Use of Personal Information.

Nautical Cross respects the privacy of Users of this Site. Nautical Cross provides the Nautical Cross Privacy Policy so You will be informed about use of information Nautical Cross collects at this Site. You hereby acknowledge and agree that You have read and consent to the terms of the Privacy Policy which is incorporated by reference herein. When You purchase Nautical Cross products through this Site, information that You have provided us about You may be provided to third party vendors to fulfill your order. . In addition, if You are registered as a Nautical Cross member, Nautical Cross may maintain information about You in a customer profile. This Site is designed to minimize the need for You to re-enter such information from the customer profile on the variety of forms that appear when You use the Site. Such information in the customer profile may be used by Nautical Cross to automatically fill in certain forms that appear when You browse this Site for information and to make purchases. This Site contains links to other web sites that may collect personally identifiable information about You. When You click on one of these links, You are entering another web site for which this Site has no responsibility. We encourage You to read the privacy policies of all such sites, as their policies may be materially different from Nautical Cross’s Privacy Policy. In addition to the circumstances described above, Nautical Cross may disclose information if required to do so by law, court order, as requested by other government or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights of Nautical Cross when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights, whether intentionally or otherwise, or when anyone else could be harmed by such activities.

Monitoring

You agree that Nautical Cross has no obligation to, but may monitor and review information You transmit over the Site. You agree that Nautical Cross may censor, edit, remove or prohibit the transmission or receipt of any information that Nautical Cross deems inappropriate or in violation of these Terms, and use any such information as necessary to provide the Site and/or to protect the rights of Nautical Cross. You agree that Nautical Cross may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.

Passwords

You acknowledge that Nautical Cross will know passwords that You use to access the Site. You acknowledge and agree that You are solely responsible for maintaining the confidentiality of Your information and passwords, and accept responsibility for all activities that occur under Your account or password. Nautical Cross takes no responsibility and assumes no liability for any content posted or submitted by You or any users of Your account.

Linked Web Sites

This Site includes links to other web sites. Nautical Cross provides such links solely as a convenience to You and for informational purposes only. Nautical Cross has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates Nautical Cross’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither Nautical Cross, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If You decide to access other web sites, You do so at Your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.

Advertising Disclosure, Accuracy

Product descriptions posted on our product pages are the representations of our suppliers. The Site may contain technical inaccuracies or typographical errors or omissions. Nautical Cross is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. Nautical Cross reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.

Mis-Communications / Lost Transactions

Nautical Cross and any other providers of products or services related to this Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Nautical Cross and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by User(s) or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site. Nautical Cross and any other providers of products or services related to this Site may cancel or modify purchases where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or resulted from a mistake or error. You agree that neither Nautical Cross nor any other providers of products or services related to this Site are responsible for any damages that may arise as a result of any purchase You request or make on this Site which are not processed or accepted for any reason.

Personal Information, Credit Card Information

YOU AGREE THAT NEITHER NAUTICAL CROSS NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE ARE RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF THE SITE OR ANY SITES LINKED OR ASSOCIATED WITH THIS SITE. NAUTICAL CROSS MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEB SITE LINKED TO THIS SITE. YOU AGREE THAT NEITHER NAUTICAL CROSS, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER NAUTICAL CROSS, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

Use of Third Party Suppliers

In order to offer the services related to this Site, and fulfill orders users place on this Site, Nautical Cross may use third party suppliers. You acknowledge and agree that suppliers providing products or services for Nautical Cross may be independent contractors, and not agents or employees of Nautical Cross. Your credit card statements for products or services purchased on this Site may refer to such third-party suppliers or their respective fulfillment vendors, rather than to Nautical Cross. You agree to the terms and conditions of purchase imposed by Nautical Cross, or other suppliers. You also agree to pay all amounts, taxes, and related charges arising out of Your use of this Site and of the products and services provided herein when due, including additional fees that may not be included in the original quote, including, but not limited to actual shipping charges. YOU AGREE THAT NAUTICAL CROSS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE USE OF SUCH SUPPLIERS. NAUTICAL CROSS HAS NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OUT OF STOCK OR OTHER CAUSES BEYOND NAUTICAL CROSS’S DIRECT CONTROL, AND NAUTICAL CROSS HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RESULTING THEREFROM.

Shipping

By placing an order on nauticalcross.com, You accept the following shipping terms: All products will be shipped via UPS Ground for $15.00 flat rate. A fee will be assessed for overnight delivery within the continental United States. The charge to Alaska or Hawaii will be $25.00 USD for 2-day delivery and $30.00 USD for overnight delivery (when available) We are unable to ship to A.P.O. or F.P.O. addresses, and no C.O.D orders can be accepted.

Payment and Sales Tax

We accept Discover, American Express, Visa and MasterCard credit cards for all purchases. All payments must be in US Dollars. Current billing address and phone information must be included with every order. Sales Tax will be charged on certain products depending on the shipping address as required by law. Shipping fees will be additional.

Miscellaneous Terms

Denial of Access
In its sole discretion, in addition to any other rights or remedies available to Nautical Cross, and without any liability whatsoever to User, Nautical Cross, at any time and without notice, may terminate or restrict User’s access to this Site and any related services.

Headings
The headings used in these Terms are included by convenience only and will not limit or otherwise effect these Terms.

Assignment
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.

Additional Terms
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and You agree to abide by such other terms and conditions.

Severability
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Attorney’s Fees
If Nautical Cross takes any action to enforce this Agreement, Nautical Cross will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Nautical Cross may be entitled.

Modification
Nautical Cross may at any time modify these Terms, and Your continued use of this Site will be conditioned upon the terms and conditions in force at the time of Your use. Accordingly, You agree to review these Terms periodically, and Your continued access, use and/or posting on this Site shall be deemed Your acceptance of the changed Terms.

EXCLUSION OF WARRANTY, DISCLAIMER

YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. NAUTICAL CROSS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. 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. NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY NAUTICAL CROSS WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL NAUTICAL CROSS, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(1) YOUR USE OF THIS SITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY NAUTICAL CROSS OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY. Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to You. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST NAUTICAL CROSS, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES. IN THE EVENT NAUTICAL CROSS IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

Indemnification

You agree to indemnify and hold Nautical Cross and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your breach of this agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party. Nautical Cross’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

Governing Law

Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Ohio applicable to contracts entered into and to be performed entirely within the State of Ohio. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph.

Entire Agreement

These Terms, together with those incorporated herein or referred to herein (including, without limitation, the Nautical Cross’s Privacy Policy) constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. July 1, 2008