Terms & Conditions

Terms & Conditions

TERMS OF USE

Welcome to ReplacementBoatLiftCovers.com.  This website is owned and operated by Hewitt Machine & Mfg., Inc. (“We”, “Us”, “Our”, and “Hewitt”).  Hewitt and its associates agree to provide services to you subject to the following conditions. We require all visitors to our website to agree and comply with these terms of use (“Terms of Use”).  Please read them carefully.  Your right to use the website is personal to you.  You represent and warrant that you have the legal authority to agree to the Terms of Use and to use this website.

You acknowledge and agree to be bound by these Terms of Use by using this website or viewing its pages.  If you do not agree with these Terms of Use, please do not access or view this website or any of its pages.

CHANGE IN TERMS

These Terms of Use are subject to change.  Any changes will be posted to this website from time to time. Your continued use of this website after any changes are posted shall be deemed your conclusive acceptance of the change to the Terms of Use.

PRIVACY

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit ReplacementBoatLiftCovers.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CONTENT

We may change or discontinue the information, products, or services that we offer on ReplacementBoatLiftCovers.com at any time without prior notice to you and without any liability to you.  Any dated information is published as of its date only, and we do not undertake any obligation or responsibility to update or amend it.

The content of the website, including its text, images, notice, software code (including html computer programs), logos, graphics, and other content are protected by applicable copyright, patent, trademark, and other laws. Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Hewitt Machine & Mfg, Inc. unless otherwise indicated.  Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

You may not copy, download, redisplay, distribute, modify, repost, reproduce, transmit, create a derivative work from the content of this website or otherwise use it for any public or commercial purpose without our express written consent.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Hewitt or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Hewitt and its associates, with copyright authorship for this collection by Hewitt, and protected by international copyright laws.

TRADE MARKS

No trademarks and trade dress owned by Hewitt may be used in connection with any product or service that is not Hewitt’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hewitt or ReplacementBoatLiftCovers.com. All other trademarks not owned by Hewitt or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hewitt or ReplacementBoatLiftCovers.com.

LICENSE AND SITE ACCESS

Hewitt grants you a limited license to access and make personal use of the ReplacementBoatLiftCovers.com website.  This limited license does not permit you to download (other than page caching) or modify the site, or any portion of it, except with express written consent of Hewitt. This limited license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hewitt. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hewitt or ReplacementBoatLiftCovers.com and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Hewitt or ReplacementBoatLiftCovers.com name or trademarks without the express written consent of Hewitt.  Any unauthorized use terminates any permission or limited license granted herein by Hewitt. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ReplacementBoatLiftCovers.com so long as the link does not portray Hewitt, ReplacementBoatLiftCovers.com, their associates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo of Hewitt or ReplacementBoatLiftCovers.com or any other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT

You may first have to register and obtain a form of user identification and password to use certain services and features on this website.  You are responsible to maintain the secrecy and confidentiality of any user identification information and password created or provided to you.  You agree not to permit any person to use your passcode, method of identification, or other form of identification we provide you.  If you do, you agree to be liable for any transactions that person makes, even if you did not indent for them to do so.  You agree to immediately notify us if the security or confidentiality of your account, passcode, or any other form of user identification is breached, or if you believe that your account has been subject to unauthorized use.  You agree that we may refuse services, terminate your account, passcode, user identification, remove or edit content, or cancel orders at any time, in our sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ReplacementBoatLiftCovers.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant ReplacementBoatLiftCovers.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ReplacementBoatLiftCovers.com and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hewitt, ReplacementBoatLiftCovers.com and their associates for all claims resulting from content you supply. ReplacementBoatLiftCovers.com has the right but not the obligation to monitor and edit or remove any activity or content.  Neither Hewitt nor ReplacementBoatLiftCovers.com take any responsibility and they assume liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from ReplacementBoatLiftCovers.com are made pursuant to a shipment contract. Pursuant to the shipping contract, the risk of loss and title for items ordered from ReplacementBoatLiftCovers.com passes to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

ReplacementBoatLiftCovers.com and its associates attempt to be as accurate as possible. However, ReplacementBoatLiftCovers.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ReplacementBoatLiftCovers.com itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY REPLACEMENTBOATLIFTCOVERS.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER HEWITT NOR REPLACEMENTBOATLIFTCOVERS.COM MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HEWITT AND REPLACEMENTBOATLIFTCOVERS.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER HEWITT NOR REPLACEMENTBOATLIFTCOVERS.COM WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM REPLACEMENTBOATLIFTCOVERS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  NEITHER HEWITT NOR REPLACEMENTBOATLIFTCOVERS.COM WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting ReplacementBoatLiftCovers.com, you agree that the laws of the United States, and more specifically, the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Hewitt, ReplacementBoatLiftCovers.com or their associates.

DISPUTES

Any dispute relating in any way to your visit to ReplacementBoatLiftCovers.com or to products you purchase through ReplacementBoatLiftCovers.com shall be submitted to confidential arbitration in Nicollet County, Minnesota, United States of America, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Hewitt or ReplacementBoatLiftCovers.com. In such a case, Hewitt may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Term of Use, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to ReplacementBoatLiftCovers.com. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS

Questions regarding our Terms of Use, Privacy Notice, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the side menu. Or you can email us.