This website (“Site”) is owned and operated by AMG Operations, LLC, d/b/a Acme Marine Group and its affiliates and subsidiaries (collectively, "Acme", "we" or "us").  You should carefully read these Terms of Use. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and Acme. In addition, when using a particular service and/or accessing certain materials on or through this Site, you will be subject to any posted terms, conditions and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use. Your customer relationship with Acme is also governed by our Privacy Policy.  For some sections, we have provided a summary of each section before providing more detailed information.  To fully understand your rights and limitations under these Terms of Use, you should read each section fully.

AMENDMENTS TO TERMS OF USE

Summary: We may need to changes these Terms of Use.  If you keep using the Site, you agree to these revised Terms of Use.

We reserve the right to change these Terms of Use, the Privacy Policy and/or any of our other terms, conditions and rules relating to the Site, at any time in our sole discretion. We will notify you of any changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use. Continued use of the Site after we post any changes constitutes your agreement to them.

THIRD PARTY SERVICE PROVIDERS

Summary: We may use third party service providers.  These Terms of Use apply to them as well. If we give them personal information, they can only use that information for the purposes we give it to them.

Acme may use third party service providers to help develop and maintain this site, to provide specific services offered through this site, and to help service your Account. You agree that these Terms of Use, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by Acme. All references to Acme include its agents and service providers. All agents and service providers of Acme will be authorized to use your personal information only for the purpose for which they are hired.

PASSWORD AND SITE ACCESS

Summary: When you set up your account, you’re responsible for everything that happens on your account, even if you haven’t authorized it.  This includes any purchases. Don’t share your password or other login information with anybody else. If you think your account has been compromised, contact us immediately.

You are solely responsible for the security of online access to this Site and your Account, and you must take precautions to protect the confidentiality of your password and other login information (collectively, your "Account"). You should not share your password or login information with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your Account and for ensuring that you receive a confirmation for all transactions placed for your Account.

Contact Acme immediately if you suspect unauthorized use of your password or login information, or any other unauthorized activity on your Account. You must exit fully out of your Account at the end of each session. You are and will be responsible for all activities conducted on and with the Site that make use of your password and/or login information, and for any charges or fees incurred by the use of that password and/or login information, including any use you may subsequently contend was not authorized by you. Acme may justifiably assume that any orders or instructions received through any electronic systems and placed under your Account or password were placed or authorized by you.

SITE MATERIALS, SERVICES AND SOFTWARE

Summary: We are providing images and other information on our site.  You can only use this information for the specific purposes that we have shared it with you – to use the site.  We’ve worked hard to put this site together. So, don’t copy it, steal it, or otherwise interfere with our site.  A lot of this site is protected by specific trademark or copyright laws and your use of our site doesn’t mean that you own any of that material.

Through this Site, Acme may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, "Materials"); and (b) various services and functionality (collectively, "Services").

Acme grants to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Materials; and (b) use the tools and software on the Site (collectively, "Software") solely for your own use. In these Terms of Use, all references to the "Site" include all "Software," "Materials" and "Services," unless otherwise expressly indicated. All rights not expressly granted by Acme to you are retained by Acme, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

The Site design, text and graphics, and the selection and arrangement of those elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Acme, its affiliates, or its business partners. Don’t: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) "frame" or "mirror" the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) download or copy Account information for the benefit of another merchant; (i) use any data mining, robots, or similar data gathering and extraction tools; (j) disclose any pricing or product information contained in the Site to third parties; or (k) use any meta tags or any other "hidden text" utilizing Acme's name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to Acme by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Acme.

Our trademarks cannot be used without an express, written license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Acme. All other trademarks not owned by Acme that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Acme.

Acme and/or its licensors own and retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.

PRODUCT INFORMATION AND PRICING

All prices are listed in U.S. Dollars. The prices and availability of products are subject to change without notice. If Acme discovers an error in either pricing or availability it will seek to correct it. Acme reserves the right to revoke any offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

ORDERS

By ordering an item on the Site, you are agreeing to purchase the products selected. Unless otherwise agreed previously with Acme, your payment for the products ordered is due at the time you submit your order. When you submit your order, you will be referred to a third party that will process your payment.

Changes and Cancellation:

If you need to change or cancel an order please contact us immediately.  We cannot guarantee that any order placed by your Account can be changed or cancelled but will work with you to accommodate your request, if possible.

USER CONTENT

Summary:  Users may post content, like reviews, to the site.  You may not agree with what you read and you may even find it offensive.  You are responsible for anything you post on our site. Anything you post should be accurate and not violate these terms or affect anybody else’s intellectual property rights.  We don’t control what people post and don’t monitor it either. But, we may still remove any content and if it’s illegal, we will cooperate with the authorities. Don’t send us any confidential or sensitive information through email.  We don’t own anything that you post to the site, but by providing it to us, you’re allowing us to use it perpetually.

In certain portions of the Site, users may submit information, reviews, data, text, software, music, sound, photographs, graphics, video, messages, products, services and/or other materials (individually and collectively, "Content"). Users are responsible for the Content posted under their Account. Acme does not control the Content posted on or through this Site and, therefore, Acme does not guarantee the accuracy, integrity or quality of such Content. You represent and warrant that (i) you own or otherwise control all of the rights to the Content that you post; (ii) that the Content is accurate; (iii) use of the Content you supply does not violate these Terms of Use; (iv) the Content does not infringe any intellectual property or other rights of any third party and does not violate any applicable laws or regulation; and (v) the Content will not cause injury to any person or entity.

Should Content be deemed illegal, Acme will cooperate with the proper authorities, including but not limited to submitting all necessary information to them. If we determine, in our sole discretion, that any Content submitted by you is offensive or inappropriate, we may ask you to retract or modify the Content in question. If you fail to meet our request within the time specified, then we may terminate your Account. We have no obligation, however, to restrict or monitor Content in any way.

You may see or read things that you do not like or agree with on our Site. You understand that by using our Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available through our Site. You acknowledge that we do not have any obligation to pre-screen Content, although we reserve the right, in our sole discretion, to refuse, move, or delete any Content.

You are solely responsible for any use or reliance on the Content, including on its accuracy, completeness, or usefulness. You acknowledge that we do not have any obligation to pre-screen Content, but that we and our designees have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available through our Site. Without limiting the foregoing, we and our designees have the right to remove any Content that violates these Terms of Use or any other applicable policy or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

We do not want to receive any confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized Acme employee, any material, information or idea you transmit to Acme or the Site by any means may be disseminated or used by Acme without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to personal information that is subject to our Privacy Policy.

We don’t own your Content. But, by uploading, placing or posting Content through this Site, you grant us a perpetual, irrevocable, world-wide, royalty-free, non-exclusive and fully sublicensable license to use, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display, and create derivative works from the Content (in whole or in part) and to incorporate your Content into other works in any format or medium now known or later developed, for any purpose associated with the Site. You grant Acme and its sub-licensees the right to use the name that you submit in connection with such Content, if Acme chooses.

PRIVACY

Please read our Privacy Policy so that you understand the parameters of privacy when using our Site. Keep in mind, however, that the information you make available as part of your public profile, and the information that you voluntarily post on this Site, are public and are not protected under our Privacy Policy.

We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use. You acknowledge that by providing you with the ability to post information on this Site, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on this Site.

THIRD PARTY INFORMATION

Summary:  When we provide links to non-Acme sites, we have no control over the content of those sites and can’t make any guarantees about those sites.  Any information you provide to those non-Acme sites is governed by their privacy policies.

Please be aware that when you are on the Site, you could be directed to other sites that are beyond Acme's control. Acme is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. Acme reserves the right to terminate any link or linking program at any time. Acme provides such links only as a convenience to you. Acme has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

Acme may provide you information from third parties as part of this Site. Unless expressly stated, Acme does not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by third-parties. You agree that Acme is not responsible for third party information accessible through this Site, including opinions, advice, statements, and advertisements.

TERRITORY

Acme operates this Site from its office within the United States. Acme makes no representation that content and materials on this Site are legal or appropriate for use from outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.

DISCLAIMER OF WARRANTIES

Summary:  We don’t make any guarantees about the site and any of the content. There may be typos or other errors, the site may sometimes be unavailable or there may be other issues.  If you discover a problem with the site, please contact us.

THIS SITE, INCLUDING ALL MATERIALS, SERVICES, SOFTWARE, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY ACME "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE ACME, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND ACME MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. ACME ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.

LIMITATION OF LIABILITY

Summary: Acme is not responsible for certain kinds damages that you may incur from your use, or inability to use, the site.  Our total liability to you for anything related to the site, unless you experience property damage or bodily injury from using the site, is fifty dollars.

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL ACME, ITS AFFILIATES, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.  EXCEPT IN THE CASE OF PROPERTY DAMAGE OR BODILY INJURY, INCLUDING DEATH, ACME’S LIABILITY IN ALL OTHER EVENTS IS LIMITED TO FIFTY DOLLARS.

ACME SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF ACME’S CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

TERMINATION

Summary:  If you don’t agree with these terms, don’t use the site.  We may terminate a user’s account at any time. We generally will do this if there has been a failure to follow these terms, but it may also occur if we suspect your account has been compromised.

IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THE SITE.

Acme may terminate your access to this Site at any time and for any reason without prior notification. Additionally, Acme may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account, as applicable, and all related information and files. We reserve the right to bar any further access to such files and this Site. You agree that we will not be liable to you or any third-party for any termination of your Account or access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

APPLICABLE LAW, SEVERABILITY AND WAIVER

Summary: If either of us is going to sue the other related to the use of the site, it’s going to happen in Kent County, Michigan and will be governed by Michigan law.

In order to ensure consistency in the interpretation and enforcement of these Terms of Use and Acme' rights in the Site, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and Acme related, in any way, to the Site and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, will be initiated and maintained only in the U.S. District Court for the Western District of Michigan, and/or the Circuit Court of the County of Kent, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use will remain in full force and effect.

The failure of Acme to enforce any right or provision in these Terms of Use does not constitute a waiver of such right or provision unless acknowledged and agreed to by Acme in writing. No waiver will be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms of Use.

INDEMNITY

Summary:  If we get sued for something you’ve done on the site, for content that you’ve posted to the site or for your violation of these terms, you are responsible for that.

You agree to indemnify and hold Acme, and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees, harmless from any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of this Site, your connection to this Site, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use, whether you are a registered user or not. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

COMPLAINTS AND VIOLATIONS

If you have any complaints or wish to report any violation of these Terms of Use, please contact us at:

sales@acmemarine.com

(888) 661-ACME

AMG Operations LLC

123 North DeKraft Ave

Big Rapids, Michigan 49301


Effective date: March 15, 2018