Terms of Use

1. Your Acceptance

A. By using and/or visiting this Website, you agree to and accept the following terms and conditions. (the “Terms of Use”). If you do not agree to any of these terms please do not use the Web site. The Web site is operated by Duclos Corporation, Gladding-Hearn Shipbuilding (“GH”), through various agencies and service providers.

2. The Web site

A. These Terms of Use apply to all users of the Web site, including users who are also contributors of photo/video content, information, and other materials or services on the Web site.

B. The Web site may contain links to third-party Web sites that are not owned or controlled by GH. GH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Web sites. In addition, GH will not and cannot censor or edit the content of any third-party site.  By clicking on links, you expressly relieve GH from any and all liability arising from your use of any third-party site, or from the content of any third party site.

C. Accordingly, we encourage you to be aware when you leave the Web site and to read the terms and conditions and privacy policy of each Web site that you visit.

3. General Use of the Web site — Permissions and Restrictions

GH hereby grants you permission to access and use the Web site as set forth in these Terms of Use, provided that:

A. You agree not to alter or modify any part of the Web site.

B. You agree not to use the Web site, for any commercial use. Prohibited commercial use includes any of the following actions taken without GH’s express approval:

  • Sale of access to the Web site or its related services on another Web site;
  • Use of the Web site or its related services for the primary purpose of gaining advertising or subscription revenue;
  • The sale of advertising, on the Web site or any third-party Web site, targeted to the content of specific User Submissions or Web site content;
  • Any use of the Web site or its related services that GH finds, in its sole discretion, to use GH’s resources or User Submissions with the effect of competing with or displacing the market for the Web site content or any products or services featured on the Web site or its User Submissions.

C. You will otherwise comply with the terms and conditions of these Terms of Use, and all applicable local, national, and international laws and regulations.

D. GH reserves the right to discontinue any aspect of the Web site at any time.

4. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Web site.

A. The content on the Web site, unless noted otherwise, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to GH, subject to copyright and other intellectual property rights under the law.

B. You may access Web site Content only as permitted under this Agreement. GH reserves all rights not expressly granted in and to the Web site Content.

C. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, or copying.

D. You agree not to circumvent, disable or otherwise interfere with security-related features of the Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Web site or the Content therein.

5. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. GH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY USER GENERATED CONTENT OR 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 WEBSITE, (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. GH 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 GH 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 JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

6. Limitation of Liability

IN NO EVENT SHALL GH, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 WEBS ITE 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  YOU SPECIFICALLY ACKNOWLEDGE THAT THE ABOVE PARTIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Web site is operated and offered in the United States of America. GH makes no representations that the Web site is appropriate or available for use in other locations. Those who access or use the Web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

7. Indemnity

You agree to defend, indemnify and hold harmless GH, and its, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Web site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Web site.

8. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

9. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GH without restriction.

10. General

You agree that: (i) the Web site shall be deemed solely based in Massachusetts; and (ii) the Web site shall be deemed a passive Web site that does not give rise to personal jurisdiction over GH, either specific or general, in jurisdictions other than Massachusetts. These Terms of Use shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and GH that arises in whole or in part from, or that relates to, the Web site shall be decided exclusively by a court of competent jurisdiction located in Massachusetts.  If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and GH’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. GH reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Web site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.