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Terms of Use
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Acceptance of Contract Terms
- The following are terms of a legal agreement between you and Smugglers Bay ("Smugglers Bay").
By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read,
understood, and agree to be bound by these terms and to comply with all applicable laws and regulations,
including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not
use this Site. The material provided on this Site is protected by law, including, but not limited to, United
States Copyright Law and international treaties. This Site is controlled and operated by Smugglers Bay from
its offices within the United States. Smugglers Bay makes no representation that materials in the Site are
appropriate or available for use in other locations, and access to them from territories where their contents
are illegal is prohibited. Those who choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with applicable local laws.
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Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of
the state of Washington.
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Patent Information
- Technologies and processes embodied in and used by this Site — including aspects of Smugglers Bay's
online ordering processes, product configurations, and Premier accounts — are covered by one or more
Smugglers Bay U.S. patents and by other patents pending.
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Use Restrictions
- The copyright in all material provided on this Site is held by Smugglers Bay or by the original creator of the
material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of
Smugglers Bay or the copyright owner. Permission is granted to display, copy, distribute and download the
materials on this Site for personal, non-commercial use only, provided you do not modify the materials and
that you retain all copyright and other proprietary notices contained in the materials. This permission
terminates automatically if you breach any of these terms or conditions. Upon termination, you must
immediately destroy any downloaded and printed materials. You also may not, without Smugglers Bay's
permission, "mirror" any material contained on this Site on any other server. Any unauthorized use
of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
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U.S. Government Restricted Rights
- The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure
by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the
materials by the Government constitutes acknowledgment of Smugglers Bay's proprietary rights in them.
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Limitation of Liability
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UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SMUGGLERS BAY BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA
OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF SMUGGLERS BAY
OR A Smugglers Bay AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE
OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU
ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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Our Transmissions
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Any material, information or idea you transmit to or post on this Site by any means will be treated as
non-confidential and non-proprietary, and may be disseminated or used by Smugglers Bay or its affiliates for
any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
Notwithstanding the foregoing, all personal data provided to Smugglers Bay Online will be handled in
accordance with Smugglers Bay's Online Privacy Practices. You are prohibited from posting or transmitting to
or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material, or any other material that could give rise to any civil or criminal
liability under the law.
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Term of Use Revisions
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Smugglers Bay may at any time revise these Terms of Use by updating this posting. By using this Site, you
agree to be bound by any such revisions and should therefore periodically visit this page to determine the
then current Terms of Use to which you are bound.
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