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| TERMS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use describe rules for using to this disc, with a homepage located at www.Lowe.com. The disc is owned and operated by Lowe Boats, Inc. Lowe is the name we use to refer to our whole business, including all of the companies that Lowe controls, such as its subsidiaries and affiliates. When we use the words we or our, we mean Lowe. Lowe also operates other discs. These Terms of Use do not apply to our other discs. You should review the terms of use posted on other Lowe Web sites when you visit them. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the Web site. By using this disc, it means you accept the Terms of Use. OUR COPYRIGHTS AND TRADEMARK. The materials on this disc belong to or are licensed to us. The materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may e-mail, download, or print copies of the materials on this disc, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this disc, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page. We also own the names we use for our products and services on this disc, and these names are protected by United States and foreign trademark laws. An ® following a name on our Web site indicates that the trademark has been registered in the United States. A™ following a name on our Web site indicates that it is an unregistered trademark. All trademarks are the property of their respective owners. If you use the materials or trademarks on this disc in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this disc. Title and all rights to the materials remains with us or with the authors of the materials contained on this disc. All rights not expressly granted are reserved. LINKS TO THIS DISC AND USE OF LOWE MARKS. You are hereby granted a non-exclusive, limited, and revocable license to link to this disc. Lowe reserves the right to revoke this license generally, or your right to use specific links, at any time. If Lowe revokes this license, you agree to remove and disable any and all of your links to this disc. You agree not to present the link to this disc in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a Web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" this disc or any of its content or copy portions of this disc to a server. LINKS TO OTHER DISCS. This disc may contain links to discs not operated by Lowe. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other discs. We are not responsible for the performance of those discs or for your business dealings with them. Your use of other discs is subject to the terms of use of those discs. ADVERTISING AND SPONSORSHIPS. This disc may include advertisements for products or services offered by other companies. Although we believe you may find that information offered by advertisers is helpful, we do not endorse or guaranty any product or service offered by advertisers. We may receive payment from these advertisers. YOUR FEEDBACK, COMMENTS AND IDEAS. While we are pleased to receive feedback, comments and ideas from visitors to this disc, we want you to understand that any information that you submit through this disc will be considered non-personal, non-confidential, and non-proprietary. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this disc, you hereby grant Lowe an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Lowe is free to use them for any purpose. Also, remember that e-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing us any personal or confidential information. NO WARRANTIES. ALL CONTENT ON THIS DISC IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. LOWE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LOWE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS DISC. LOWEMAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS DISC WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS DISC IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER LOWE NOR ANY PERSON OR COMPANY ASSOCIATED WITHLOWE SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS DISC OR THE MATERIALS ON THIS DISC. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS LOWE ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS DISC. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL LIABILITY OFLOWE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL LOWE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE DISC OR MATERIALS ARE EXCLUDED EVEN IFLOWE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER RULES ABOUT THIS DISC. Your obligations under this section and the sections called "Your Feedback", "No Warranties" and "Limitation of Liability" will survive termination of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If you violate these Terms of Use in a way that causes harm to others, you agree to hold Lowe harmless against any liability for that harm. By using this disc, you agree that the only proper jurisdiction and venue for any dispute with Lowe, or in any way relating to your use of this disc, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Lowe or its affiliates, employees, officers, directors, agents, suppliers. These Terms of Use are governed by the internal substantive laws of the State of Missouri, without respect to its conflict of laws, principles, and the federal laws of the United States. QUESTIONS, COMMENTS, AND NOTICES. Lowe may deliver notice to you by electronic mail, a general notice on the DISC, or by written communication delivered by First Class U.S. Mail to your address on record with Lowe. You may deliver notice to Lowe by letter addressed by First Class Postage Prepaid U.S. Mail or overnight courier to the following address: Lowe Boats, Inc. 2900 Industrial Drive Lebanon, Missouri 65536 Tel: (417) 532-9101 |