PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 04/01/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Jimka Offshore LLC, located at 4811 NW 79TH AVE SUITE 1 , Doral, Florida 33166 in association with the use of the website, which includes www.jimkaoffshore.com, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF SERVICES OFFERED
The company is an authorized distributor of maritime safety equipments with a local inventory and an e-commerce website, which altogether is bound to the following mission:
Fulfill professionally all related matters with services and projects requested by our customers, implementing methods for effective, practical and organized labor that enable to meet the requirements, making us a Company in Oil and Maritime Services responsible and reliable, able to carry out our work on time and maintaining the competitive cost effects in maritime activities.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "customers" of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "member." The customer and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Jimka Offshore LLC. At its discretion, Jimka Offshore LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Jimka Offshore LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Jimka Offshore LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving's Services under the laws and statutes of the United States or other applicable jurisdiction. When you register, may collect information such as your name, e-mail address, birth date, gender, mailing address and Company name. You can edit your account information at any time. Once you register with and sign in to our Services, you are no longer anonymous to us. Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) Furnish factual, correct, current and complete information with regards to himself/herself as may be requested by the data registration process, and
b) Maintain and promptly update his/her registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Jimka Offshore LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Jimka Offshore LLC Services, or any portion thereof.
It is Jimka Offshore LLC's priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the website platform Services must create a "family" account, which will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the "family" account. As the creator of the "family" account, he/she is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Jimka Offshore LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Jimka Offshore LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
DESCRIPTION OF PRODUCTS
Descriptions, images, references, features, content, specifications, products, prices, and availability of any products listed for purchase or distribution are subject to change without notice, and our current prices can be found on the Website. While we will make reasonable efforts to fulfill all orders, we cannot guarantee the availability of any particular product listed for purchase or distribution on this Website. We reserve the right to discontinue the sale of any product or service available for purchase or distribution on the Website at any time without notice. Also, please note that some of the products displayed on this Website or in our catalog, including any sale or discounted items, may or may not be available in our West Marine stores and vice-a-versa. We use reasonable efforts to display, as accurately as possible, the colors of the products shown on our Website. However, because the colors you see will depend, in large part, on your monitor and computer, we cannot and do not guarantee that your monitor's display of any color will be accurate.
LIMITATION OF LIABILITY
The following limitation of liability does not affect our Returns & Refund Policy.
You explicitly acknowledge, understand and agree that JIMKA OFFSHORE LLC and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from: a) the use or inability to use our service; b) the cost of procuring substitute goods and services; c) unauthorized access to or the alteration of your transmissions and/or data; d) statements or conduct of any such third party on our service; e) and any other matter which may be related to our service.
You agree that you will not, under any circumstances attempt to gain access to the company Properties, accounts registered to others, or to computers, servers or networks connected to the West Marine Properties by any means other than the customer/member interface provided by JIMKA OFFSHORE LLC, including, but not limited to, by circumventing or modifying, attempt to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the JIMKA OFFSHORE LLC Properties; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any member, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" sending unsolicited email, including promotions and/or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
This Website is controlled, operated and administered by JIMKA OFFSHORE LLC from its offices within the United States of America. We make no representation that Materials at this Website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials and/or products in violation of U. S. export laws and regulations. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws. Information, products and Materials published on the internet may contain references or cross references to our products, programs and services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs or services in your country.
As a member of www.jimkaoffshore.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to email@example.com. As a member, you agree that Jimka Offshore LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with www.jimkaoffshore.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within www.jimkaoffshore.com;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Either Jimka Offshore LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Jimka Offshore LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
Please report any and all violations of these terms to Jimka Offshore LLC as follows:
Jimka Offshore LLC
4811 NW 79TH AVE SUITE 1 Doral, Florida 33166