TERMS OF USE

Welcome to our digital storefront.

Introduction.

These Terms of Use (the “Terms”) govern each website, mobile site, application, and/or other service (each a “Service” and collectively “Services”) that links to these Terms, which is binding on all individuals and entities that access, visit, and/or use the Services, whether acting as an individual or on behalf of an entity, including those using processes to harvest, crawl, index, scrape, spider, or mine digital content by automated or manual process or otherwise (collectively, “you” or “your”).

The Terms may be modified at any time by us upon posting of the modified Terms. Any such modifications shall be effective immediately. Accordingly, you should review the Terms periodically to determine if any changes have been made. By using the Services, you accept any changes and revisions to the Terms. If you do not agree with the Terms, or if you violate or act inconsistently with them or any other applicable terms, your access to and use of the Services is unauthorized. We reserve the right to terminate, suspend, or restrict your access to the Services and refuse to fulfill any obligations under the Term, with or without notice. Additionally, we may deny you future access to the Services. We reserve the right to take any technical, legal, or other measures necessary to prevent violations and enforce the Terms, with or without notice. This may include cooperating with law enforcement agencies and pursuing civil or criminal actions for any illegal activities involving the Services.

Ownership.

All information, text, images, video, audio, material, software, products or services (“Content”) included in the Services are and shall continue to be the property of either LeadVenture Inc. or Mountain Top Marine (together, the “Site Owners,” and each a “Site Owner”) or their content suppliers, and is protected under applicable copyright, patent, trademark, and other proprietary rights. Product and company names mentioned in the Services may be trademarks of their respective owners. The text, information, images, audio, video, and all other content in the Services including the selection, compilation, arrangement, presentation of all materials, and the overall design are protected by copyright. Information, images, logos, copy and trademarks contained in the Services, including but not limited to the text, images, audio, or video, may not be used in any manner, or for any purpose, without the applicable Site Owner’s express written permission.

Site Use.

The Site Owners jointly grant you a limited, revocable, and nonexclusive permission to view and use the Services and to print individual pages from this website for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set form herein. Your use of the Services is at the sole discretion of the Site Owners and any Site Owner may terminate your use at any time. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Services.

Whether on behalf of yourself or another third party, you may NOT do any of the following in connection with the Services and Contents:

  • modify, duplicate, adapt, translate, distribute, redistribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise exploit any Content or any part thereof, for any purpose (including commercial purpose) except those expressly authorized in these Terms without LeadVenture’s express written consent.

  • Except as provided in these Terms, download, copy, or transmit any Content for the benefit of any third party without the express written consent of LeadVenture’s.

  • Interfere with or disrupt the operation of the Services or the systems, networks, or servers used to make the Services available, including by hacking or defacing any portion of the Services; or violate any procedure, policy, or requirements of such servers or networks.

  • Use any robot, spider, site search/retrieval application or other manual or automatic devices to access, modify, download, retrieve, index, query, “scrape,” “data mine” or otherwise collect or gather any Content, or reproduce or circumvent the navigational structure or presentation of the Services, without LeadVenture’s express prior written consent.

  • Make any commercial, advertising, promotional, or marketing use of the Services and/or Content, except as permitted by law or as expressly permitted in writing by LeadVenture’s.

Compliance with Laws.

You agree to comply with all applicable laws regarding your use of the Services and any purchase you make. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

Third Party Sites.

The Services may contain links to other web sites on the Internet that are owned and operated by third party vendors and other third parties (“External Sites”). Additionally, when you use the Services, you may also be using the services of third parties and you acknowledge that your use of those services may be subject to separate terms of use. We have no responsibility for content of these third party sites and therefore do not represent, warrant, or endorse that the contents of such third party sites are available, accurate, complete, or compliant with applicable laws. By using any third party site, you acknowledge and agree that we are not responsible for any aspect of such third party site. You should contact the site administrator or webmaster for those third party sites if you have any concerns regarding such links or the content located on those sites.

Indemnification.

You agree to indemnify, defend and hold the Site Owners and their partners, agents, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms or use of the Services.

Disclaimer.

THE INFORMATION IN THE SERVICES IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SITE OWNERS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICES SHALL BE TO DISCONTINUE USING THE SERVICES.

Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL THE SITE OWNERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, YOUR SERVICES USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR CONTENT IS TO CEASE ALL OF YOUR SERVICES USE.

Price and availability information is subject to change without notice. The Site Owners shall not be required or obligated to honor any price if said price is incorrect or inaccurate, regardless of whether the information was entered by any Site Owner.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.

Use of Information.

The Site Owners reserve the right, and you authorize them, to use and assign all information regarding Service uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Intended Audience.

This website is intended for adults only. This website is not intended for any children under the age of 13.

Privacy.

Your use of our Services is also governed by our Privacy Policy. If you are a resident of California, you have specific rights under the California Consumer Privacy Act (CCPA). For more information on your rights and how we handle your personal information, please review our Privacy Policy.

Promotions.

Any sweepstakes, contexts, raffles, surveys, games, or similar promotions made available through this website may be governed by rules that are separate from these Terms. If the rules for a promotion conflict with these Terms, the promotion rules will govern.

Acceptances of Orders.

The receipt of an e-mail order confirmation or reservation of a part, garment, accessory, or unit does not constitute the acceptance of an order or a confirmation of an offer to sell. Mountain Top Marine reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Mountain Top Marine may cancel an order at any time before delivery or pickup for any reason, including pricing errors or stock availability issues. Verification of information may be required prior to the acceptance of any order. By placing a credit card order, you grants Mountain Top Marine permission to contact your bank to verify name and address. Please contact us directly for questions about our refund policy.

Pricing, Availability, Taxes, and Surcharges.

All prices are subject to change without notice. Prices do not include applicable taxes, shipping, and handling charges, which may be calculated and added at checkout. Prices may vary based on location due to different tax rates and surcharges. You are responsible for paying all applicable sales, use, value-added, and other taxes, duties, and charges associated with your purchase. These charges will be calculated and displayed at checkout and may be based on our location or your delivery address. Additional surcharges may apply depending on your location, and these will also be shown at checkout.

Communication.

You agree that by providing your phone number, Mountain Top Marine may call and/or send text messages about your interest in products, merchandise, financing, marketing or sales purposes, appointment information, or for any other purpose related to your account. You do not have to consent to receiving calls or texts to purchase from Mountain Top Marine.

Copyrights and Copyright Agent.

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on this website;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Claims of copyright infringement on this website can be sent as follows:

By E-mail: support@dealerspike.com

Governing Law.

You agree that the laws of the state of Delaware, without regard to conflicts of laws provisions will govern these Terms and any dispute that may arise between you and Site Owners or their affiliates.

Other Terms.

If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. The failure of the Site Owners to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. Any waiver of the Terms by LeadVenture’s or Mountain Top Marine must be in writing and signed by an authorized representative of the respective Site Owner. Nothing contained in the Terms or your use of the Services shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions. These Terms constitutes the entire agreement between you and the Site Owners governing your use of the Services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Site Owners with respect to the Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Services.

Last updated August 2024

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Mountain Top Marine (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Marketing Program Terms and Conditions (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent to receive such autodialed or prerecorded marketing mobile messages is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, up to 4 messages per month, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@circadianoptics.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Circadian Optics, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Walpole, Massachusetts before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Mountain Top Marine’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.