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 website.
The entire content 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 Boat Owners Warehouse. The collective work includes works that are licensed to Boat owners Warehouse, copyright 2022 Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse 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 to purchase any of the products shown on this Boat Owners Warehouse website. Any other use including but not limited to the reproduction, distribution, display or transmission of the contents of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from this site.
All trademarks, service marks and trade names of Boat Owners Warehouse used in this site are trademarks or registered trademarks of Boat Owners Warehouse.
In the event that any product is priced incorrectly, Boat Owners Warehouse reserves the right to refuse or cancel any order placed for this item. We will notify you by e-mail in the event that Boat Owners Warehouse cancels your order due to a pricing error. If we have already charged your credit card for the order, Boat Owners Warehouse will promptly refund the original amount of the order back to your credit card.
In the event that any product is mistakenly identified, listed in error or has been discontinued, Boat Owners Warehouse reserves the right to refuse or cancel any order placed for this item. In the event that Boat Owners Warehouse cancels your order due to the reasons cited above, and we have already charged your credit card for the order, Boat Owners Warehouse will promptly refund the original amount of the order back to your credit card.
Right to Cancel Order:
Boat Owners Warehouse reserves the right to cancel any order placed at its discretion
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 Boat Owners Warehouse 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.
Boat Owners Warehouse may deliver notice to you by means of e-mail, standard mail, a general notice on the website, or any other reliable method to the address you have provided to Boat Owners Warehouse.
Your use of this site shall be governed by the laws of the state of Florida, USA. 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 proceedings directly or indirectly arising out of or relating to this site, including but not limited to the purchase of products from Boat Owners Warehouse shall be in any venue, including but not limited to, in the State or Federal Courts, located in Broward County, Florida. Furthermore, IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES, OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Dispute Resolution; Mediation; Arbitration:
In any action, proceeding, or litigation relating to, connected with, or arising out of this agreement, the prevailing party shall be entitled to reimbursement of its costs, including attorney’s fees, incurred through all trial, appellate, and post-judgment proceedings, if any.
Any cause of action or claim you may have with respect to the site including but not limited to the purchase of products from Boat Owners Warehouse must be commenced within one (1) year after the claim or cause of action arises. Boat Owners Warehouse’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. Boat Owners Warehouse may assign its rights and duties under this Agreement to any party at any time without notice to you.
All claims or causes of action against Boat Owners Warehouse must be first brought to binding mediation in Broward County, Florida. A request for mediation shall be made in writing, delivered to Boat Owners Warehouse, and filed with the person or entity administering the mediation. The request shall be made in advance of and as a condition precedent to arbitration or litigation. The prevailing party shall be entitled to recover all costs, including attorney’s fees, mediation and filing fees. The mediation shall be held at a venue chosen at the discretion of Boat Owners Warehouse within Broward County, Florida. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. If the mediation process has not resolved the dispute within sixty (60) days of the submission of the matter to mediation, or such longer time as the parties may agree, the mediation process shall cease.
If the mediation process has not resolved the dispute within sixty (60) days of the submission of the matter to mediation, or such longer time as the parties may agree, the mediation process shall cease, and the disputing party may seek litigation in the form of arbitration under this agreement. All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in the Southern District of Florida before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in the State of Florida. No Member to this agreement will challenge the jurisdiction or venue provisions as provided in this Section. Nothing contained herein shall prevent the party from obtaining an injunction. Any decision or award resulting from any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees recoverable by the prevailing party. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Class Action Waiver:
Any mediation or arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, GOODS AND PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF ITS WEBSITE, GOODS, OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, GOODS AND PRODUCTS, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND IN NO EVENT SHALL Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY HEREUNDER; OR (B) $1,000 USD.
Use of Site:
Harassment, obscene or abusive language in any manner or form on the site, including via e-mail or chat is strictly forbidden. Impersonation of others, including a Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse employee 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 commercial online service or other organization.
Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse 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, Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse 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, Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse reserves the right to block or remove communications or materials that it determines to be abusive, defamatory, obscene, fraudulent, deceptive, misleading, offensive or in violation of a copyright, trademark or other intellectual property right of another or otherwise unacceptable to Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse in its sole discretion.
You agree to indemnify and hold harmless Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse, 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 account.
Third Party Links:
In an attempt to provide increased value to our visitors, Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse may link to sites operated by third parties. However, even if the third party is affiliated with Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse, Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse. These linked sites are only for your convenience and therefor you access them at your own risk. Nonetheless Lewis Marine Supply, LLC d/b/a Boat Owners Warehouse seeks to protect the integrity of its website and the links placed upon it and therefor 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).
ADA Compliance Notice:
As a business of public accommodation, we are obligated to comply with Title III of the American Disabilities Act (ADA). Although there are no specific guidelines for us to make our website ADA compliant, our goal is to is to accommodate you to the best our abilities. Therefore, we have adopted and conformed our website to the Web Content Accessibility Guidelines 2.0, the guidelines of which are accessible at https://www.w3.org/WAI/GL/WCAG20/.
However, if you have any recommendations to better adapt our website to your particular disability or if you need help navigating our website, then please contact us at email@example.com or call us at 800-262-8799 and someone from our team will be happy to assist you.