TERMS & CONDITIONS
Total Marine and its affiliates (“TM”) reserve the right to change these Terms at any time, without notice. Use of any portion of this web site constitutes acceptance of these Terms.
1. Through its web site, TM provides you with access to various resources, including communication and information through the web site. All content and information displayed on this web site (“Information”) is the property of TM, and is subject to these Terms.
2. This web site, as well as the web sites of TM’s affiliates, may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of TM and/or its affiliates. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of TM and/or its affiliates is granted to or conferred upon you.
3. This web site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of this site (“access codes”). The content contained in such restricted areas is confidential to TM, and is provided to you for your personal use only. TM reserves the right to prohibit the use of such access codes at any time, without notice.
4. The entire content of TM’s web site is copyrighted under United States copyright laws, and except where explicitly indicated, TM is the exclusive owner of the copyright. You may print and download portions of the Information solely for your own non-commercial use. Any other use, copying, distribution, publication or transmission of any portion of the Information is strictly prohibited without the express written permission of TM. You agree not to change or delete any proprietary notices from any Information rightfully downloaded, printed, copied, used or transmitted from the web site.
5. Total Marine, the Total Marine logo, trademarks and service marks, and other TM logos and products and service names are trademarks of TM (“TM Trademarks”). You agree not to display or use TM Trademarks in any manner without TM’s prior permission. All other trademarks, product names and company names or logos used, displayed or otherwise referenced on this web site are the property of their respective owners. Your use of this web site does not confer upon you any right or license to use the TM Trademarks or any other trademarks.
6. THIS WEB SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION FOUND ON THIS WEB SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, NON-INFRINGEMENT OR TITLE. TM DOES NOT WARRANT THAT THE FUNCTIONS OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES. TM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE INFORMATION IN THIS WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
7. IN NO EVENT SHALL TM BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM OR OTHERWISE IN CONNECTION WITH USE OF THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OR CORRUPTION OF DATA, LOSS OF INCOME OR PROFITS, OR LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES.
8. With respect to all communications you make to TM regarding the Information, including but not limited to feedback, questions, comments and suggestions: (a) you shall have no right of confidentiality in your communications and TM shall have no obligation to protect your communications from disclosure; (b) TM shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) TM shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. By submitting any such communication, you warrant that such communication does not infringe the intellectual property or other rights of any third party. You further agree to grant TM a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, transmit, distribute, create any derivative works of, publicly use or display any materials or other information, including but not limited to, ideas, concepts or techniques for new or improved services and products, you publish to the web site by any means or by any media now known or hereafter developed.
9. By using the web site, you agree that you will not use the Information for any purpose that is unlawful or prohibited by these Terms. You agree to comply with all applicable laws, rules and regulations of the United States, the country in which you reside and/or the country from which you access the web site.
10. You acknowledge and agree that TM may preserve your personal information and may also disclose your personal information if required to do so by law or in a good faith belief that such disclosure is necessary to comply with legal process or to protect the rights, property or personal safety of TM, its users or the public.
11. The Information may contain technical inaccuracies or typographical errors. TM reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such information, at any time without notice.
12. This web site, along with the web sites of TM’s affiliates, contains information on worldwide products and services of TM and its affiliates. Not all products and services are available at all TM or affiliate locations. A reference to a particular product or service does not imply that such product or service is or will be available at a particular location.
13. If you choose to leave this web site via a link to another web site not affiliated with TM, including those of its advertisers or vendors, TM is not responsible for the privacy policies of those external web sites or the cookies those web sites may use. In addition, because TM has no control over such web sites, you acknowledge and agree that TM is not responsible for the availability of such external web sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites.
14. This is a United States website and is subject to United States law. TM will disclose any information regarding the use of this web site, including personal information pertaining to you, without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to TM, its affiliates, their customers, employees or property, or to others.
15. If you would like to view the privacy practices that govern this web site, please see our internet privacy statement. If you have questions about these Terms, please send an e-mail to email@example.com.
Total Marine and its subsidiaries (“TM,” “we,” “us,” or “our”) have a strong commitment to providing excellent service to all of our customers and respects your concerns about privacy. For this reason, TM has prepared this Privacy Statement to explain how we collect, use, and disclose information obtained through our website (the “Site”) and through your use of our various services.
What Information We Collect
We collect “Personal Information.” “Personal information” is information that allows us to identify you (such as your name, address, telephone number, and e-mail address). We may collect Personal Information in order to provide you with particular products, services or information at your request (“Services”).
We may collect information that is linked to your computer or device (“Device Identifiable Information”). We collect Device Identifiable Information from you in the normal course of operating our Website. When you visit our Site, we may collect information about your computer that your browser sends, such as the Internet domain and Internet protocol (IP) address, browser type, operating system, date and time of page views, the particular web pages accessed, and, if you linked to our Site from another website, the address of that other website. We may also collect information through “cookies,” as explained below. As it relates to your mobile device, we may collect additional information such as the type and model, operating system (e.g. iOS or Android), carrier name, mobile browser (e.g. Chrome, Safari), applications using our Website, and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID (AAID), or unique device identifier (a number uniquely given to your device by your device manufacturer), sometimes referred to as a mobile carrier ID.
We utilize Google Analytics reports to collect certain information including geolocation information about new/returning visitors, a visitor’s country of origin, a visitor’s browser/operating system and operating device, the website from which a visitor linked to our Site, and information regarding where a visitor navigates on the Site. We also utilize Google AdWords reports to collect generalized information regarding gender, age, and household income. If you choose to access our Facebook page, we may have access to reports produced by Facebook that include generalized information regarding your gender, age, country of origin, and actions on the social media page. For more information, please review the privacy disclosures and terms of your Facebook account, which govern how that account information is collected and shared with us.
From time to time, we may also ask you to fill out an online customer survey to obtain your suggestions or comments about your use of the Site, TM’s services, or for other similar purposes. It is your choice whether to complete such surveys or to provide us with any such information.
If you choose to apply for employment online, you will be required to provide us certain Personal Information, such as your name, street address, telephone number, and e-mail address. Personal Information provided in this context will not be used for any other purpose.
How We Use Information
We use your Personal Information to process your reservation requests, contact you when necessary regarding Services you have purchased, and provide you promotional materials or other information about our Services. At times, we may combine your Personal Information with readily available public information to better assist us in advertising and marketing. If you no longer wish to receive promotional e-mails from us, you may opt-out of receiving future promotional e-mails from us by clicking on an opt-out or “unsubscribe” link within the e-mail you receive. Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us as further described in this Privacy Statement. We may also use your Personal Information as is necessary to bill you for our Services, to collect payments, and/or to otherwise establish, defend, or enforce our legal rights. In some cases, we will use your Personal Information related to the performance of contracts to which you are a party.
We use your Device Identifiable Information to help us make our Site more useful to visitors, to learn about the number of visitors to our Site, and the types of technology our visitors use.
In all cases, we have a legitimate interest in using your Personal Information as is necessary to enable us to perform and deliver our Services and to contact you.
How We Share Information
We may share Personal and Device Identifiable Information with our affiliates and other third parties who require such information to assist us with professional, consulting, marketing, or communications services. We allow third parties access to such information to perform specific tasks at our instruction for us or on our behalf. The Personal Information you provide to us when making a reservation will be shared with the applicable marina for the purposes of determining whether it can accommodate your reservation request.
We may also disclose Personal Information as required by law or regulation, in response to a court order, subpoena, or request by law enforcement, in connection with a merger, acquisition, or other transaction involving TM or its affiliates, or if we have a good faith belief that disclosure is necessary to protect our property, assert our legal rights, or protect the safety or rights of others.
Links to Third Party Websites
“Cookies” are used on the Site. Cookies are pieces of electronic information (specifically, a string of text) that your browser and your operating system store on your hard drive for record-keeping purposes. Cookies can store a user’s ID and password, personalize home pages, identify which parts of a website have been visited or keep track of previous selections or purchases. Cookies are used for the proper functioning of the Site, or to compile aggregated statistics that allow us to understand how visitors use the Site, and to help us improve the functionality and structure of the Site.
If you do not wish to receive cookies from the Site, you may set your Internet browser to reject the cookies, although doing so may affect your ability to perform certain transactions on the Site. You should consult the instructions for your particular Internet browser to determine how to delete cookies, whether your browser is able to turn off cookies, and the procedures for doing so.
In some cases, we have arrangements with third parties, such as authorized service providers, agents or representatives, to collect and store the foregoing information on our behalf, to provide services in connection with hosting or the operation of our Site, or to facilitate reporting of analytics (such as with Google Analytics).
Information Collected from Minors
The Site is directed to individuals over the age of 18. If you are under the age of 18, you should not provide us with Personal Information. We do not knowingly collect Personal Information from children under the age of 18. If we learn that Personal Information of persons under the age of 18 has been collected via the Site, we will take appropriate steps to delete such information.
We treat the information you provide to us as confidential information. We use the same methods and procedures to protect your confidential information as we do to protect our own confidential information. If you submit information through this Site or by e-mail, such information is stored on a secure server that resides behind firewalls designed to block unauthorized access from third parties. Because laws applicable to Personal Information vary by country, our affiliates may have additional measures that vary depending on the applicable legal requirements.
Although we take reasonable precautions to protect your Personal Information, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, we cannot warrant that your information will be absolutely secure. Any transmission of data at or through our Site is at your own risk.
We will retain your Personal Information for as long as we have a business purpose to do so, or as otherwise required by law.
Changes to this Privacy Statement
We may make changes to this Privacy Statement from time to time. Any such changes will be promptly reflected on the Site. Please check this Privacy Statement regularly to ensure you are familiar with the most up-to-date version.
Your Rights Under this Privacy Statement; Contact Us
You may access your Personal Information that we hold and receive a copy of that Personal Information by contacting us at firstname.lastname@example.org. If at any point you believe the Personal Information we have about you is incorrect, you may request to have it corrected. Under certain circumstances, you may also request that your Personal Information be deleted. You may also ask us to restrict or suspend the processing of your Personal Information in certain circumstances. Where you have given us consent to process your Personal Information, you may withdraw that consent at any time. If you wish to object to or raise a complaint about how we have handled your Personal Information, or if you would like to have your Personal Information transferred, or if you have any other questions about this Privacy Statement, you may contact us at email@example.com. If you are not satisfied with our response or believe that our processing of your Personal Information is not in accordance with law, you may register a complaint with the relevant supervisory authority in your jurisdiction.
Total Marine controls the Personal Information collected from the Site. Please direct any questions concerning our privacy practices at firstname.lastname@example.org.