TERMS OF USE

Welcome to https://toprankmarine.com/ (the “Site”). This Site is operated by Top Rank Marine, Inc (hereinafter “Top Rank Marine”) and the content on the Site is owned by Top Rank Marine or its affiliated companies and by affiliates and third parties that post on the Site through a license from Top Rank Marine, but for whom Top Rank Marine assumes no direct responsibility. Please read these terms and conditions and the Privacy Policy contained on the Site, as they, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement regarding the Site and set forth the legally binding terms governing your visit to this Site. These Terms and Conditions apply to all persons who visit this Site (“Visitors”), regardless of your level of participation. 

By using this Site you agree that you have read, understand and accept the following terms and conditions (“Terms and Conditions”) and the Privacy Policy, and you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. By using this Site, you also agree that you will not use this Site for any purpose that is unlawful or in contravention of these Terms and Conditions. Top Rank Marine and its affiliates reserve the right to change these Terms and Conditions from time to time without notifying you. If you object to any such changes, your sole recourse shall be to cease using this Site. Continued use of the Site following the effective date any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes. Top Rank Marine may cease all or part of the Site at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms and Conditions, or the Privacy Policy, please do not use the Site. 

United States Site and Pricing

Top Rank Marine administers this Site from Florida, United States of America and this Site is only intended for viewing in the United States. All materials and information contained on this Site apply to the United States market only. Top Rank Marine makes no representation that the Site is appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export laws, restrictions and regulations of your government in connection with your use of the Site. 

All pricing is in U.S. dollars and the boats described are offered for sale in the U.S. only. This Site in no way constitutes an offer to buy or sell vehicles from Top Rank Marine or to provide financing. Top Rank Marine makes reasonable efforts to ensure that the pricing and product information contained on this Site is correct. Prices, product specifications and all other information shown on this Site are for information purposes only, are subject to change at any time without obligation, may vary from region to region, and may not be completely up to date or accurate. Pricing excludes destination and delivery charges, any applicable taxes, any applicable fees, such as title and registration, any industry specific fee, any applicable consumer rebates or incentives, and the cost of any dealer added options. Optional equipment is not included unless specifically indicated. Any calculation of any price, tax, incentive, or finance terms is for your reference only, is an estimate, and may not be completely accurate. Individual MarineMax stores set the actual transaction price. Contact your selected store for the actual price of any boat and any applicable terms and conditions that may apply. The promotional programs and/or incentives offered on this Site are only available in the United States and may be limited to particular states and subject to restrictions and/or qualifications, as disclosed by the program. 

Depiction of  Boats

Boats shown on this Site are for general illustration only. Vehicles shown are typically a sample vehicle only of the same model year. Details of a selected vehicle may vary from the vehicle shown depending on the features you choose. Boat and vehicle availability may be limited and is subject to availability.

Third Party Information such as Comparator Values

This Site may contain links to third-party websites that are not owned or controlled by Top Rank Marine, including but not limited to links to websites for boat manufacturers (Third Party Websites). Top Rank Marine has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Websites. In addition, Top Rank Marine will not and cannot censor or edit the content of any Third Party Website. By clicking on links, you expressly relieve Top Rank Marine from any and all liability arising from your use of any Third Party Website, or from the content of any Third Party Website. When using a Third Party Website, you should be aware when you leave Top Rank Marine’s Site and read the terms and conditions and privacy policy of each Third Party Website that you visit.

Limited Licenses

Copyright 2013, Top Rank Marine, Inc. All rights reserved. This Site, including all materials, is protected by worldwide copyright laws and treaty provisions whether or not a copyright notice is present on the materials. All text, images, graphics, animation, videos, music, sounds and other materials on this Site are subject to the copyrights and other intellectual property rights of Top Rank Marine, its affiliated companies and its licensors. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, Top Rank Marine does not grant any express or implied right to you under any patents, trademarks or copyrights.

Subject to your continued compliance with these terms and conditions, Top Rank Marine grants you a non-exclusive, non-transferable, limited right to access, use, display and listen to this Site and the information, images, sounds and text (“materials”) thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree not to dispute Top Rank Marine’s claims of ownership or validity of its rights in the materials on this Site.

Top Rank Marine authorizes you to view and download the materials at this Site only for your personal, non-commercial use. Top Rank Marine may suspend or terminate this authorization at any time for any reason. This authorization is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions:

you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials;
you may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose;
you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.

Linking, Crawling and Archiving

If you would like to link to this Site, you must comply with the following guidelines:

1. do not incorporate any content from this Site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website content). You may only link to, not replicate, the Site content;
2. you may not use any Top Rank Marine trademarks, logos, designs or service marks in your links;
3. you may not create the appearance of a relationship or affiliation with Top Rank Marine; and
4. your site may not contain offensive, distasteful, illegal or inappropriate content.
5. If you would like to use a web crawler or other search tool to gather information from the Site, you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.

Other Conditions/Restrictions

CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE MARINEMAX’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MARINEMAX RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

Trademark Notice

The Top Rank Marine name, and all trademarks and logos displayed on this Site are owned or used under license by Top Rank Marine. The unauthorized use of any trademark displayed on this Site is strictly prohibited.

Changes to the Site

Top Rank Marine and its affiliates reserve the right to change, modify, suspend, discontinue or permanently cancel this Site’s operation or portions thereof without any notice to you, including but not limited to product specifications or prices, at any time and from time to time without notice and without incurring any obligations. Your use of this Site after any changes are posted will be considered acceptance of such changes.

Privacy

For an explanation of Top Rank Marine’s policies and practices regarding information that we may collect from you in connection with your use of this Site, you should review Top Rank Marine’s Privacy Policy the terms of which are incorporated herein. By using this Site, you are agreeing to this Privacy Policy and you will be bound by the terms of such Privacy Policy.

Indemnity and Hold Harmless 

By using this Site you agree that you will defend, indemnify and hold harmless Top Rank Marine and its subsidiaries and affiliates, their respective stores and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Top Rank Marine reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Top Rank Marine’s defense of such claim. 

Designated Agent for Copyright Notification

If you believe that any content on this Site infringes your copyright rights, please contact Top Rank Marine’s designated agent for receiving such notifications in writing as follows:
Designated Agent:

Top Rank Marine, Inc.

In your communication, please include:

1. Your physical or electronic signature.
2. Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
3. Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law.
6. A statement that the information your notification is accurate.

If the communication is submitted by someone on your behalf, the communication must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf.

Disclaimer

Top Rank Marine may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time. NOTE THAT THESE TERMS AND CONDITIONS APPLY ONLY TO THIS SITE, OTHER WEBSITES PROVIDED BY MARINEMAX OR ITS AFFILIATES MAY HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THOSE SITES.

This Site and all the information it contains is provided for information purposes only on an “as is” basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment. Top Rank Marine, information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Site, the information, materials, content, availability, and products. To the extent permitted by applicable law, Top Rank Marine disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Top Rank Marine is not responsible for the content of any Site linked to this Site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked Site.

YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MARINEMAX’S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. MARINEMAX, ITS INFORMATION PROVIDERS AND THEIR AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. MARINEMAX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MARINEMAX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER MARINEMAX, INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.

Miscellaneous

These Terms and Conditions together with any additional terms to which you agree when using particular elements of this Site constitute the entire agreement regarding the Site and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site or the services provided on the Site. The Site is operated from Top Rank Marine’s offices in the United States of America. These terms and conditions are governed by, and construed in accordance with, the laws of the State of Florida, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Top Rank Marine’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. All lawsuits arising from or relating to these Terms and Conditions shall be brought in the Federal or State courts located in Pinellas County, Florida, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.