Terms & Conditions
Thank you for visiting DNR.OceanGrafix.com (the “Site”). DNR.OceanGrafix.com (“OceanGrafix”) owns the Site and all its content. Your use of the Site is governed by the following terms and conditions.
By accessing or using this Site, you intend to and expressly agree to be bound by all the terms and conditions of this Terms and Conditions of Use Agreement (“Agreement”) and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. OceanGrafix may amend this Agreement at any time by posting the amended terms on the Site. If you do not agree to these terms and conditions of use, please cancel this transaction and do not use this Site.
I. Service Terms
A. Use of this Site
OceanGrafix grants you a limited license to access and make purchases on this Site provided you do not modify, alter, or download (other than page caching) any portion of it. The permission granted to you shall terminate automatically if you breach any of the terms and conditions set forth in this Agreement. OceanGrafix reserves the right to modify or remove any materials or products listed on the Site at any time without notice.
B. Prohibited use of this Site:
You shall not make any commercial use of this Site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any account information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of OceanGrafix. You agree not to interfere, disrupt or attempt to gain unauthorized access to other accounts that use this Site or any other computer network. You further agree not to disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program or engage in any other activity deemed by OceanGrafix to be in conflict with the spirit or intent of this Agreement.
C. Equipment:
You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Site including all hardware, software, electrical, and other physical requirements for your use of this Site, including, without limitation, telecommunications, internet access connections, web browsers or other equipment, programs, and services required to access and use the Site.
II. Limitations
A. Security:
You shall be solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use, purchases, or charges incurred from use of the Site with your password. If you use this Site, you are responsible for maintaining the confidentiality of your account and password. You also are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. OceanGrafix and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
B. Privacy:
OceanGrafix does not sell or rent your personal information to third parties for their marketing purposes without your express consent and we only use your information as described in our Privacy Policy which is incorporated herein by reference and available at Privacy Policy.
C. Accessibility:
You agree that from time to time this Site may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which OceanGrafix may undertake from time to time; or (3) causes beyond the control of OceanGrafix or which are not reasonably foreseeable.
III. Ownership of Intellectual Property
A. Trademarks:
The following trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are Trademarks of OceanGrafix. All other brand names not exclusively licensed to OceanGrafix on this Site are owned by their respective owners. The National Oceanic & Atmospheric Administration name and NOAA acronym is owned by the Department of Commerce/National Oceanic and Atmospheric Administration. Under no circumstances may you use or copy any of the Trademarks or the NOAA acronym. Nothing in this Agreement grants you any license or right to use any Trademarks displayed on this Site without the express written permission of OceanGrafix. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos or use any meta tags or any other “hidden text” utilizing any OceanGrafix Trademarks without the express written consent of OceanGrafix. Any unauthorized use terminates the limited license granted by OceanGrafix in Section I (A) of this Agreement. The following is a list of OceanGrafix's Trademarks, but is not intended to limit the number of Trademarks owned or licensed to OceanGrafix:
1. OceanGrafix
2. Nauticalchartsonline
B. Copyrighted works:
All content contained in this Site, including, but not limited to, images, video, photos, electronic art, animations, graphics, sounds, audio, information and data, communications programs, Internet links, electronic mail services, user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases is owned by OceanGrafix. Some product listings, photographs, and descriptions contained on the Site are owned by their respective owners. You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for your personal noncommercial use) from the Site without the prior express written permission of OceanGrafix and the appropriate third party as applicable.
IV. Online Purchases
A. Product Descriptions:
OceanGrafix and its affiliates attempt to be as accurate as possible. However, OceanGrafix does not warrant that product descriptions and images or other content on this Site are accurate, complete, reliable, current, or error free. Although OceanGrafix has made every effort to display and describe the likeness of each product (including, without limitation, colors, sizes, images, and designs) as accurately as possible, it is possible that the displayed likeness of the products will depend upon the graphic image as well as the quality of your computer monitor. OceanGrafix cannot guarantee that the Site or your computer monitor will accurately portray the actual likeness of the products. The product images shown are intended for representational purposes only and OceanGrafix reserves the right to substitute a similar image for the one described in the product information in the event an actual image of the product cannot be provided.
B. Product prices:
Product prices displayed on the Site are subject to final approval at the time of order. OceanGrafix reserves the right to change product pricing, terms, specifications, and warranties without notice. OceanGrafix reserves the right to limit the number of products sold, including the right to prohibit sales to resellers. Prices do not include shipping, tax, or insurance.
V. Warranty Disclaimers
OCEANGRAFIX AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THIS SITE AND PRODUCTS OFFERED ON THIS SITE “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
OCEANGRAFIX AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES DO NOT WARRANT THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OCEANGRAFIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OCEANGRAFIX DOES NOT WARRANT THAT THIS SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
VI. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL OCEANGRAFIX OR ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES AND PRODUCTS OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.
SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THUS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
VII. Release and Indemnification:
A. Release:
In the event you have a dispute with a purchase, service, or any product offered on this Site, you agree to release OceanGrafix and its affiliated companies, members, governors, directors, officers, employees, and agents from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the dispute. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
B. Indemnification:
You agree to indemnify, hold harmless, and defend OceanGrafix, its affiliated companies, members, governors, directors, officers, employees, and agents from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorney fees, asserted by any person, arising out of or relating to: (1) this Agreement; (2) your use of this Site, including any data or work transmitted or received by you; and (3) any prohibited use of the Site as set forth in Section 1(b).
VIII. Termination:
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. OceanGrafix reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (1) remove or disable access to all or any portion of the Site; (2) suspend your access to or use of all or any portion of the Site; and (3) terminate this Agreement.
IX. Miscellaneous:
A. Amendment:
OceanGrafix shall have the right, at any time and without notice, to add to or modify the terms of this Agreement. Your access to or use of the Site after the date such amended terms are delivered to you shall be deemed to constitute acceptance of such amended terms.
B. Waiver:
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision, or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
C. Severability:
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
D. Notice:
All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either party's last known post office, facsimile, or e-mail address, respectively. User hereby consents to notice by e-mail. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.
E. Law:
This Agreement is made in and shall be governed by the laws of the State of Minnesota without reference to conflict of laws.
F. Forum:
All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Minnesota. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Minnesota. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Minnesota and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in the State of Minnesota.
G. Process:
The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action, or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions, or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts of the State of Minnesota.
H. Entire Agreement:
This Agreement constitutes the full and final representation of the parties understanding and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties concerning the subject matter of this Agreement.