Last Updated January 16, 2020
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES (EACH, A “WEBSITE”) AND THE INFORMATION ON IT IS CONTROLLED BY THE BEST BOAT PRODUCTS, INC. (“ THE BEST BOAT ”). BY ACCESSING OR USING THE WEBSITE IN ANY WAY, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE BEST BOAT , AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THIS AGREEMENT. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
THIS AGREEMENT DOES NOT APPLY TO ANY PRODUCTS THAT MAY BE SOLD OR DISTRIBUTED THROUGH THE WEBSITE, INCLUDING ANY WARRANTIES THAT MAY BE OFFERED IN CONNECTION WITH THE USE THEREOF. IF YOU HAVE ANY QUESTIONS REGARDING RETURNS OR EXCHANGES OF ANY PRODUCT SOLD OR DISTRIBUTED THROUGH THE WEBSITE, PLEASE VISIT OUR RETURNS & EXCHANGES POLICY AVAILABLE AT: https://thebestboat.com/returns-exchanges
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE WEBSITE. THIS AGREEMENT LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. BY ENTERING INTO THESE TERMS OF USE, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW. PLEASE SEE SECTION 15 BELOW FOR MORE INFORMATION REGARDING ARBITRATION AND HOW IT DIFFERS FROM A PROCEEDING IN A COURT OF LAW.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE WEBSITE, WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.