West Marine Community: Terms

Welcome to the West Marine Community Forum (the "Forum"). Through the Forum, you have access to a variety of resources and content. These may include: (a) Web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and Webcasts, and documents such as press releases, white papers and product data sheets ("Materials"); and (b) discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, product information and other services in connection with which you may upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) ("Community Services"). Products, software, Materials, Community Services, and other information, content and services are collectively referred to as "Content." The following are terms of a legal agreement between you ("You" or "Your") and West Marine Products Inc., its subsidiaries and affiliated companies ("We" or "West Marine"). By accessing or using the West Marine website or the Content provided on or through the website, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the website and the Content provided on or through the website ("Terms of Use") and our Privacy Policy. West Marine may revise the Terms of Use and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy will be effective when posted. You can review the most current Terms of Use for the Website at https://www.westmarine.com/CustomerService/Terms-Of-Use, most current West Marine Community: Terms at https://www.westmarine.com/CustomerService/Terms-Of-Use-Community and Privacy Policy at https://www.westmarine.com/CustomerService/Privacy-Policy.

1. Use of Materials

You may download, store, display on your computer, view, listen to, play and print Materials that West Marine publishes or broadcasts on the Forum or makes available for download through the Forum subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.

2. Use of Forum

Limited access to the Forum is provided as a convenience solely to users residing in the United States of America and its territories. West Marine is not obligated to provide any technical support for, or otherwise participate in, the Forum. While the Forum may include information regarding West Marine products and services, including information from West Marine employees, they are not an official customer support channel for West Marine, and no such information shall be used as an expert advice.

You may use the Forum subject to the following: (a) Forum may be used solely for your personal, informational, noncommercial purposes; (b) Content provided on or through Forum may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by West Marine in writing.

3. Reservation of Rights

The Forum and Content provided on or through the Forum are the intellectual property and copyrighted works of West Marine or a third party provider to West Marine. All rights, title and interest with respect to the Forum and Content provided on or through the Forum are reserved and shall at all times remain solely owned by West Marine or our third party providers. All Content is provided on an "As Is" and "As Available" basis, and West Marine reserves the right to terminate the permissions granted to you in Sections 1, 2 and 3 above and your use of the Content at any time.

4. Your Content

You agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share", "Sharing", or "Shared") on or through the Forum Content that you have the right and authority to Share and for which you have the right and authority to grant to West Marine all of the licenses and rights set forth herein. By Sharing Content, you grant West Marine a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sub-licensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any West Marine product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by West Marine without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) West Marine's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.

You agree that you will neither use the Forum in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. West Marine may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.

West Marine does not want to receive any confidential information from you through or in connection with the Forum. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by West Marine on a non-confidential and unrestricted basis and West Marine shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in West Marine's Privacy Policy.

5. No Expectation of Privacy:

 All contents of West Marine’s Forum and communication systems are the property of West Marine. Therefore, your communications including any files, data, documents, facsimile, text, emails, West Marine Community posts or any other kind of information that is stored or recorded on West Marine’s electronic information and communication transmitted to, received or printed from, or stored or recorded on West Marine’s electronic information and communications systems are not considered private. Records of your electronic communications and on-line activity may be made and used for a variety of reasons and be subject to applicable law. West Marine reserves the right to monitor all public blogs and Social Networking forums for the purpose of protecting its interests and/or monitoring compliance with Company policies and applicable law. In addition, please note that the West Marine Community may be viewed by, and reported to law enforcement.

6. Security, Passwords and Means of Accessing the Forum and Content

You agree not to access or use the Forum in any manner that could damage, disable, overburden, or impair any West Marine accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Forum or any West Marine accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Forum or any West Marine accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Forum or any West Marine accounts, computer systems or networks without west Marine's express written permission. If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Forum are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Forum with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Forum. You agree to notify West Marine immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use.

7. No Unlawful or Prohibited Use

You agree not to use (or cause the use of) the Forum, or Content provided on or through the Forum, for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Forum or Content provided on or through the Forum. The following non-exhaustive list includes examples of actions that are prohibited on the Forum:

  • Post any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Post relating to, or share links of any West Marine competitor, including but not limited to, any e-com website, store addresses, or deal information. Any such information may be deleted by West Marine.
  • Harm any person (minor or adult) in any way;
  • Impersonate any person or entity, including a West Marine administrator, moderator, guide or host;
  • Falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Manipulate identifiers in any way in order to disguise the origin of any User Content;
  • Post any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or self-promotion;
  • Post material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
  • Post User Content discussing how to perform, elude discovery, or profit from illegal activities;
  • Post User Content or links to sites that include nudity or graphic descriptions of sex;
  • Post User Content or links to sites with grotesque, gruesome or disgusting pictures/videos;
  • Post User Content that insults or attacks other users;
  • Post User Content that uses vulgarities and obscenities;
  • Post inappropriate images;
  • Post spam, self-promotion or referral links;
  • Offer to buy anything from other users;
  • Offer to sell anything to other users;
  • Give reputation points for inappropriate reasons, or abuse the reputation system in any way;
  • Intentionally tag posts inaccurately or in a misleading manner; or
  • Interfere with or disrupt any West Marine website or servers or networks connected to the Forum.

8. Indemnity

You agree to indemnify and hold harmless West Marine, its officers, directors, shareholders, affiliates, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of your reliance on information on the Forum, or Content that you Share, your violation of these Terms of Use or any additional rules, or Content provided on or through the Forum, or your violation or infringement of any third party rights, including intellectual property rights.

9. Monitoring

West Marine has no obligation to monitor the Forum or screen Content that is shared on or through the Forum. However, West Marine reserves the right to review the Forum and Content and to monitor all use of and activity on the Forum, and to remove or choose not to make available on or through the Forum any Content in its sole discretion. West Marine may remove Content that is confidential or proprietary to a third party without that third party's permission.

10. Termination of Use

West Marine may, in its sole discretion, at any time and without prior notice discontinue providing or limit access to the Forum, any areas of the Forum or Content provided on or through the Forum. You agree that West Marine may, in its sole discretion, at any time and without prior notice, terminate or limit your access to, or use of, the Forum or any Content. West Marine may terminate or limit your access to or use of the Forum if West Marine determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that West Marine shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Forum or any Content, including Content that you may have shared.

11. Third Party Web Sites, Content, Products and Services

The Forum may provide links to Web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Forum. West Marine is not responsible for third party Content provided on or through the Forum or for any changes or updates to such third party sites, and you bear all risks associated with the access to, and use of, such Web sites and third party Content, products and services.

12. Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE FORUM, AND ALL CONTENT PROVIDED ON OR THROUGH THE FORUM, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEST MARINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE FORUM AND ALL CONTENT PROVIDED ON OR THROUGH THE FORUM. WEST MARINE MAKES NO WARRANTY THAT: (A) THE FORUM OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE FORUM WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FORUM OR ANY CONTENT PROVIDED ON OR THROUGH THE FORUM WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCT OR SERVICES PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE FORUM WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE FORUM IS USED AT YOUR OWN DISCRETION AND RISK. WEST MARINE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

WEST MARINE DOES NOT WARRANT THAT ANY CONTENT ON THE FORUM IS ACCURATE, COMPLETE, RELIABLE, UPDATED, CURRENT, OR ERROR-FREE. YOU AGREE TO NOTIFY WEST MARINE IMMEDIATELY IF YOU BECOME AWARE OF ANY ERRORS OR INCONSISTENCIES IN THE CONTENT PROVIDED THROUGH THE FORUM AND COMPLY WITH ANY CORRECTIVE ACTION TAKEN BY WEST MARINE.

WEST MARINE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE FORUM AND CONTENT PROVIDED ON OR THROUGH THE FORUM AT ANY TIME WITHOUT NOTICE.

13. Limitation of Liability

IN NO EVENT SHALL WEST MARINE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE FORUM OR ANY CONTENT PROVIDED ON OR THROUGH THE FORUM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FORUM OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE FORUM.

14. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 12 AND 13, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

15. Privacy Policy

West Marine is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see West Marine's Privacy Policy. Any personal information collected on this Forum may be accessed and stored globally and will be treated in accordance with West Marine's Privacy Policy. You understand that West Marine collects, uses, processes, possesses, and otherwise stores your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing services subject to West Marine's Privacy Policy.

16. Persons Not of Age of Majority

Persons who are not of the age of majority are not eligible to use the Forum, and we ask that no information in relation to such persons be submitted to us.

17. Export Restrictions/Legal Compliance

You may not access, download, use or export the Forum, or the Content provided on or through the Forum, in violation of U.S. export laws and regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any products or services of West Marine in violation of any such restrictions, laws or regulations, including, without limitation, laws, restrictions or regulations pertaining to the development, design, manufacture or production of nuclear, chemical or biological weapons or missile technology.

18. Availability of Products

Information on the Forum may reference or cross-reference West Marine products, programs, or services that might not be available in your location. Such references do not imply that West Marine plans to make such products, programs, or services available in your location. Please contact your local West Marine Store or go to Westmarine.com for more information.

19. Waiver and Severability

The failure of West Marine to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.

20. Applicable Laws

All matters relating to your access to, and use of, the Forum and Content provided on or through or uploaded to the Forum shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Forum or Content shall be instituted in a state or federal court in San Francisco or Santa Cruz County, California. You and West Marine agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

21. Copyright/Trademark

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the rights of the copyright owner. You agree that you will not use the Forum or any West Marine site to infringe West Marine's Intellectual Property rights or the Intellectual Property rights of others. You may not remove, deface, or overprint any notice of copyright, trademark, logo, or other notice of ownership from any originals or copies of any West Marine terms, third party software, or any products or Content you access on or through West Marine's website.