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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are
subject to the
following terms and conditions and other applicable law. If you do not
agree to these terms
and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to
text, graphics or
code is copyrighted as a collective work under the United States and other
copyright laws,
and is the property of Geist Lake Charters. The collective work includes
works that are
licensed to Geist Lake Charters. Copyright 2005, Geist Lake Charters ALL
RIGHTS
RESERVED. Permission is granted to electronically copy and print hard copy
portions of this
site for the sole purpose of placing an order with Geist Lake Charters.
You may display and, subject to any expressly stated restrictions or
limitations relating to specific material, download or print portions of
the material from the different areas of the site solely for your own
non-commercial use, or to place an order with Geist Lake Charters or to
purchase Geist Lake Charters products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of
the content of this site is strictly prohibited, unless authorized by
Geist Lake Charters.
You further agree not to change or delete any proprietary notices from
materials downloaded
from the site.
Trademarks
All trademarks, service marks and trade names of Geist Lake Charters used
in the site are
trademarks or registered trademarks of Geist Lake Charters
Warranty Disclaimer
This site and the materials and products on this site are provided "as is"
and without
warranties of any kind, whether express or implied. To the fullest extent
permissible
pursuant to applicable law, Geist Lake Charters disclaims all warranties,
express or
implied, including, but not limited to, implied warranties of
merchantability and fitness
for a particular purpose and non-infringement. Geist Lake Charters does
not represent or
warrant that the functions contained in the site will be uninterrupted or
error-free, that
the defects will be corrected, or that this site or the server that makes
the site available
are free of viruses or other harmful components. Geist Lake Charters does
not make any
warrantees or representations regarding the use of the materials in this
site in terms of
their correctness, accuracy, adequacy, usefulness, timeliness, reliability
or otherwise.
Some states do not permit limitations or exclusions on warranties, so the
above limitations
may not apply to you.
Limitation of Liability
Geist Lake Charters shall not be liable for any special or consequential
damages that
result from the use of, or the inability to use, the materials on this
site or the
performance of the products, even if Geist Lake Charters has been advised
of the
possibility of such damages. Applicable law may not allow the limitation
of exclusion of
liability or incidental or consequential damages, so the above limitation
or exclusion may
not apply to you.
Typographical Errors
In the event that a Geist Lake Charters product is mistakenly listed at an
incorrect
price, Geist Lake Charters reserves the right to refuse or cancel any
orders placed for
product listed at the incorrect price. Geist Lake Charters reserves the
right to refuse or
cancel any such orders whether or not the order has been confirmed and
your credit card
charged. If your credit card has already been charged for the purchase and
your order is
cancelled, Geist Lake Charters shall issue a credit to your credit card
account in the
amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the
site and/or
completing the registration or shopping process. These terms and
conditions, or any part of
them, may be terminated by Geist Lake Charters without notice at any time,
for any reason.
The provisions relating to Copyrights, Trademark, Disclaimer, Limitation
of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
Geist Lake Charters may deliver notice to you by means of e-mail, a
general notice on the
site, or by other reliable method to the address you have provided to
Geist Lake Charters.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of
Indiana, U.S.A., without regard to choice of law provisions, and not by
the 1980 U.N.
Convention on contracts for the international sale of goods. You agree
that jurisdiction
over and venue in any legal proceeding directly or indirectly arising out
of or relating to
this site (including but not limited to the purchase of Geist Lake
Charters products)
shall be in the state or federal courts located in Indianapolis, IN. Any
cause
of action or claim you may have with respect to the site (including but
not limited to the
purchase of Geist Lake Charters products) must be commenced within one (1)
year after the
claim or cause of action arises. Geist Lake Charters's failure to insist
upon or enforce
strict performance of any provision of these terms and conditions shall
not be construed as
a waiver of any provision or right. Neither the course of conduct between
the parties nor
trade practice shall act to modify any of these terms and conditions.
Geist Lake Charters
may assign its rights and duties under this Agreement to any party at any
time without
notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat,
or by use of
obscene or abusive language, is strictly forbidden. Impersonation of
others, including a
Geist Lake Charters or other licensed employee, host, or representative,
as well as other
members or visitors on the site is prohibited. You may not upload to,
distribute, or
otherwise publish through the site any content which is libelous,
defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal, or
otherwise
objectionable which may constitute or encourage a criminal offense,
violate the rights of
any party or which may otherwise give rise to liability or violate any
law. You may not
upload commercial content on the site or use the site to solicit others to
join or become
members of any other commercial online service or other organization.
Participation Disclaimer
Geist Lake Charters does not and cannot review all communications and
materials posted to
or created by users accessing the site, and is not in any manner
responsible for the content
of these communications and materials. You acknowledge that by providing
you with the
ability to view and distribute user-generated content on the site, Geist
Lake Charters is
merely acting as a passive conduit for such distribution and is not
undertaking any
obligation or liability relating to any contents or activities on the
site. However, Geist Lake Charters reserves the right to block or remove
communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right
of another or (d) offensive or otherwise unacceptable to Geist Lake
Charters in its sole
discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Geist Lake Charters,
its officers,
directors, employees, agents, licensors and suppliers (collectively the
"Service Providers")
from and against all losses, expenses, damages and costs, including
reasonable attorneys'
fees, resulting from any violation of these terms and conditions or any
activity related to
your account (including negligent or wrongful conduct) by you or any other
person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Geist Lake
Charters may link to
sites operated by third parties. However, even if the third party is
affiliated with Geist Lake Charters, Geist Lake Charters has no control
over these linked sites, all of which
have separate privacy and data collection practices, independent of Geist
Lake Charters.
These linked sites are only for your convenience and therefore you access
them at your own
risk. Nonetheless, Geist Lake Charters seeks to protect the integrity of
its web site and
the links placed upon it and therefore requests any feedback on not only
its own site, but
for sites it links to as well (including if a specific link does not
work).
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