Blackmon Mooring (herein referred to as Blackmon Mooring) appreciates your visiting our Web Site (herein referred to as the Site). This site is operated by the affiliated companies, which do business as Blackmon Mooring as set forth elsewhere in this Site. We respect your privacy and believe the Site offers you and your family an opportunity to learn more about us. We have the following terms and conditions to help make your visit a pleasant one.
Terms and Conditions of Use
Blackmon Mooring grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of these terms and conditions of use.
Changes to Terms and Conditions
Blackmon Mooring reserves the right, at its sole discretion, to change, modify, and/or remove any portion of these terms and conditions of use, in whole or in part, at any time. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
Blackmon Mooring is a federally registered trademark of BLACKMON MOORING SERVICES, LTD. BLACKMON MOORING SERVICES, LTD. owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation, text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The Content is the copyrighted material of Blackmon Mooring as specified below.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way, exploit the Site or any portion thereof for any public or commercial use without the express written permission of Blackmon Mooring. You may download one copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including, without limitation to, trademarks and service marks of Blackmon Mooring and its affiliates. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any such downloaded Content. In the event of any permitted copy, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
Acceptable Use Policy
As a condition of your use of this Site, you warrant to Blackmon Mooring that you:
- Will only use this Site for lawful purposes in accordance with our terms and conditions
- Agree to honor our intellectual property rights
- Agree not to create a link (other than personal “bookmark” or “favorites” entry) to our Site without first obtaining our written permission
- Will refrain from using profane, vulgar, inflammatory, libelous or similarly discourteous language in any e-mail or form entry created through this Site
You shall indemnify, defend and hold harmless Blackmon Mooring and its parent, subsidiary and other affiliated entities, and all their officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. Blackmon Mooring reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Blackmon Mooring. Blackmon Mooring agrees to notify you of any claims as soon as it becomes aware of your liability under this provision.
Links to Other Websites
The Site may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third party sites, maintained by third parties, does not constitute an endorsement by Blackmon Mooring or any of its parent companies, subsidiaries, and affiliates of any third party resources or their contents. Links do not imply that Blackmon Mooring or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Blackmon Mooring or any of its affiliates. You should direct any concerns regarding any external link to its site administrator or Webmaster. Blackmon Mooring does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Blackmon Mooring reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
Disclaimer of Warranties and Damages; Limitation of Liability
The site, including all content, software, functions, materials and information made available on or accessed through the site, is provided on an “as-is,” “as-available” basis without representations or warranties of any kind whatsoever express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. Neither Blackmon Mooring nor its content providers warrant that the functions, features or Content contained in the site will be uninterrupted or error-free, that defects will be corrected, or that any other site or the server that makes it available is free of viruses or other harmful components; nor do they make any warranty or representation as to the accuracy or reliability of the site, the content thereof, the materials, information and functions made accessible by the software used on or accessed through the site, any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. BLACKMON MOORING AND ITS PARENT, SUBSIDIARY AND AFFILIATED COMPANIES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES. BY USING THIS SITE, YOU HEREBY WAIVE ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PURPOSE. ETC. By using this site or the Contents, you hereby specifically waive any and all claims against Blackmon Mooring and its parent, subsidiary and affiliated companies arising out of the use of this site and the Contents, including, but not limited to any CLAIMS ASSERTING ANY DAMAGE FOR THE SOLE, CONCURRENT OR COMPARATIVE NEGLIGENCE OF BLACKMON MOORING OR ITS PARENT, SUBSIDIARY AND AFFILIATED COMPANIES. If you are dissatisfied with the Contents, site or any materials on the site, your sole remedy is to discontinue using the site.
UNDER NO CIRCUMSTANCES SHALL BLACKMON MOORING, ITS PARENT, SUBSIDIARY, OR AFFILIATED COMPANIES OR THEIR REPRESENTATIVES, EMPLOYEES, OFFICERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY PUNITIVE SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF CONTRACT, IMPLIED WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby expressly waive any such claims by your use of this site. 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. In no event shall the total liability of Blackmon Mooring, its parent companies, subsidiaries and affiliates to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms and conditions of use or your use of the site exceed, in the aggregate, $100.
Non-United States Residents
Blackmon Mooring makes no representation that materials on the Site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
THESE TERMS AND CONDITIONS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OF USE SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN TARRANT COUNTY IN THE STATE OF TEXAS AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS BY THE USE OF THIS SITE.
If for any reason, a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Blackmon Mooring with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Blackmon Mooring of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. “Blackmon Mooring” as used herein shall mean Blackmon Mooring, and/or any of its parent, subsidiary or affiliated companies.
Blackmon Mooring has created this privacy statement in order to demonstrate our firm commitment to our visitors’ and customers’ privacy. The following discloses our information gathering and dissemination practices for this website: www.blackmonmooring.com
Personal and Non-Personal Information
When registering at our Site, entering a contest, or responding to a survey, you may be asked to provide certain personally identifiable information about yourself, such as your name, email address, physical address, or telephone number.
We use personal information provided on order forms, such as a purchaser’s name, email address, physical address, and credit card, to fulfill service requests. We may also use service request information to contact a purchaser when necessary, such as when services may be delayed. Blackmon Mooring may use personal information to notify consumers about new products or services. If we do, we will provide you with an email address by which you may inform us that you do not wish to receive such materials in the future. Blackmon Mooring will not share any personal information without your permission with any unaffiliated third parties unless required by law.
We may also request non-personally identifiable information, such as annual income, buying preferences, or age, also known as demographic and profile data, though this information is optional. We may use this data to improve our Site and enhance your customer experience. For example, we may use this data to tailor your experience at our Site, showing you Content that we think you might be interested in, and displaying Content according to your preferences. We may also share this information with others, such as advertisers interested in advertising on Blackmon Mooring’s Site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.
Internet Protocol (IP) Address
We may use your IP address to help diagnose problems with our server and to administer our Site. Your IP address is used to help identify you and your shopping cart for the duration of a session and to gather broad demographic information.
Consent to Processing
By providing any personal information to this Site, you fully understand and unambiguously consent to the collection and processing of such information in the United States.
Our Site may contain links to other sites. Other sites may also reference or link to our Site. Blackmon Mooring is not responsible for the privacy practices or the content of such other sites.
We may supplement the information that you provide to us with information that is received from third parties.
If we ever send you information by email concerning new Blackmon Mooring products or services, we will provide you with an email address by which you may request no future notices.
If you have registered with us, you may review your account information online for accuracy and make updates.
Your Acceptance of this Policy
Copyright and Trademark Notice
Copyright © 2000 by Blackmon Mooring. All Rights Reserved. All materials contained on this Site are subject to the ownership rights of Blackmon Mooring. Blackmon Mooring hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or scheduling Blackmon Mooring’s services. You agree that any copy made must include Blackmon Mooring’s copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Web Site.
This Site also contains trademarks of Blackmon Mooring, which are protected under the United States and International Trademarks laws. Use of such marks without Blackmon Mooring’s written permission is strictly prohibited.