Terms & Conditions
The use of this web site is governed by these Terms of Use. In consideration for your access to this web site, you agree that your use of this web site signifies your acceptance of these Terms of Use and your agreement to be legally bound by them. THIS IS A CONTRACT. If you do not agree to these Terms of Use, do not use this web site. Island Way Products reserves the right to modify these Terms of Use at any time and you agree to be bound by the modified terms by your continued use of the web site after such terms are published.
All content on this web site, including but not limited to the web site’s layout, organization, selection, coordination, order, arrangement, structure, look and feel, graphics, text, information, reports, images, service marks, trademarks, software, the URL, and the compilation of the same (collectively “Content”) is the sole property of Island Way. Such Content is protected by both U.S. and international copyright laws and treaties and trademark laws. You may not directly or indirectly use, scrape, reproduce, display, distribute, translate, adapt, license, publicly perform, compile, aggregate, alter, modify, publish, republish, copy, transmit, create derivative works, or sell or otherwise exploit any Content without Island Way’s prior written consent. You may not link to any page within our web site (other than the home page) or frame any portion of the web site without our prior written consent. You may not copy, access or distribute any Content by using any program, tool, application, protocol or device whether now know or created in the future to make automated copies of any Content or to interfere with or attempt to damage, disable, impair the proper working of the web site or any activities conducted on the web site.
You are hereby granted a non-exclusive, non-transferable, revocable, limited license to use this web site for your exclusive use. No implied license is conferred by these Terms of Use or our web site. You may not disclose, deliver, publish, or provide copies of any material generated by the use of this web site to any third party including any person or entity in a business that is directly or indirectly competitive with any of the services provided by Island Way. You will not use any Content for the benefit of a competitor of Island Way or use it in connection with any commercial enterprise other than your own.
All Content displayed on this web site is provided to you “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ISLAND WAY HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT. ISLAND WAY MAKES NO WARRANTIES THAT THE MATERIAL CONTAINED ON THE WEB SITE IS ACCURATE, TIMELY OR COMPLETE, OR THAT THE WEB SITE OR SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, OR WILL BE SUITABLE FOR YOUR NEEDS OR INTENDED APPLICATIONS.
Our web site may contain links to other web sites. Your linking to any off-site pages or other web sites is at your own risk. You agree that Island Way is not liable in any way for the availability or accuracy of such web sites, or the content, advertising, or products on or available from such web sites. The inclusion of any link on our web site does not imply that Island Way is affiliated with or endorses any of the linked web sites in any manner.
Unless we specifically request them, we do not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send us any unsolicited materials, such as ideas for products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information or materials.
Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to Island Way via this web site or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this web site (collectively, “Your Submissions”) will be treated as non-confidential and nonproprietary, and Island Way will not assume any responsibility, obligation, or liability for them or for Island Way’s receipt or non-receipt of them. Island Way’s receipt of Your Submissions is not an admission by Island Way of their novelty, priority, or originality, and it does not impair Island Way’s right to contest existing or future intellectual property rights relating to Your Submissions.
You grant Island Way a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party; and (b) Your Submissions are accurate and, as permitted to be used by Island Way in this User Agreement, do not and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
This web site and other Island Way web sites may offer online capabilities to purchase products and services. You must be 18 years of age or older to make any such purchases. You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from Island Way. As to products and services featured on this web site, endeavor to display as accurately as possible the products that appear on this web site. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products.
We may collect certain information in order to operate this web site and to fulfill your requests or enable participation in certain online activities. We respect the privacy of its visitors.
We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. However, we cannot guarantee complete security of personal information.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the 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.”
You agree that you will not:
(a) use this web site for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products);
(b) monitor, gather, or copy Content on this web site by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
(c) frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text, or page layout);(d) use any meta tags or any other “hidden text” utilizing any trademarks;
(e) engage in any activities through or in connection with this web site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or
(f) engage in any activity that interferes with a user’s access to this web site or the proper operation of this web site. You also agree that, in using this web site, you will not impersonate any person or entity.
If you do not agree with our Terms of Use, or if you are not satisfied with our web site your sole remedy is to discontinue your use of the web site. ISLAND WAY, ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE WEB SITE AND WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER ISLAND WAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree to defend, indemnify, and hold harmless Island Way, its officers, employees, and agents from and against any and all claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of this web site, your violation of these Terms of Use, or your violation of any laws, regulations, or third-party rights.
These terms will be governed by and construed solely in accordance with the laws of the United States and the state of Florida, excluding that body of law governing conflict of laws. Both you and Island Way agree that any legal action or proceeding relating to or arising out of these Terms of Use or your use of this web site or services will be brought exclusively in a federal or state court in Florida, and by agreeing to these Terms of Use you submit to the personal jurisdiction of, and venue in, such courts.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches, nor does it affect your obligations or Island Way’s rights and remedies under these Terms of Use in any other way. Except for other agreements, terms, or policies appearing on the Island Way web site, these Terms of Use set forth the entire understanding and agreement between you and Island Way regarding the subject matter hereof.
The trademarks, service marks, domain names, and logos displayed on this site are owned in whole or in part by Island Way unless otherwise indicated and may not be used by you without our prior written consent. Your misuse of trademarks displayed on this web site is strictly prohibited.© 2014 Island Way Products.
