This website is owned and operated by Vanemar, Inc. (“Vanemar,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your legal rights to use or access our services, software, mobile application, and our websites (the “Services”) and Vanemar hardware products or devices ("Products"). These Terms also govern your legal rights concerning Third-Party Services (defined below).
Please read these Terms carefully before purchasing or using the Products or Services. By purchasing, using or accessing our Products or Services, you signify your acknowledgement and consent to the terms and conditions of use set forth below. These Terms (together with other user agreements, where applicable) constitute a binding legal agreement between you and Vanemar (this “Agreement”). Please read these Terms carefully.
If you do not agree with these Terms, please do not purchase or use our Products or Services.
This Agreement represents the entire understanding relating to your purchase or use of the Products and Services and prevails over any prior or contemporaneous, conflicting or additional communications between you and Vanemar. Vanemar reserves all rights even if not expressly granted herein.
If applicable laws prohibit your use of the Services or any Products, then you are not authorized to use the Services or Products. We cannot and will not be responsible for your using the Services or any Products in a way that breaks the law.
You are required to sign up for an account and select a password and user name ("User ID"). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you do not have the right to use or another person's name with the intent to impersonate that person. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
Products and Software
Downloading or using our software (including our mobile application) does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with these Terms. Our software is copyrighted by Vanemar or its licensor(s) and may be protected by one or more patents owned by Vanemar or its licensor(s). Software cannot be copied, redistributed or placed on any server for further distribution. You cannot sell, modify, decompile, disassemble or otherwise reverse engineer the software. Products and Services offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software. These Terms apply to your use of all the Products and Services, including software that may be downloaded to your smartphone or tablet to access the Services (the “Application”). The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products and Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they apply to the Products and Services. You will only use the Application in connection with a device that you own or control. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Disclaimer of Limitation of Liability
THE VANEMAR PRODUCTS & SERVICES AND ALL INFORMATION, CONTENT, SOFTWARE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY VANEMAR ON AN "AS IS" AND "AS AVAILABLE" BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. VANEMAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE VANEMAR SERVICES, OR THE INFORMATION, CONTENT, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY VANEMAR UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF VANEMAR PRODUCTS & SERVICES IS AT YOUR SOLE RISK.
IN NO EVENT SHALL VANEMAR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. VANEMAR DISCLAIMS ALL LIABILITY OF ANY KIND OF VANEMAR'S LICENSORS AND SUPPLIERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL VANEMAR BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, E-MAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE. YOU AGREE TO HOLD RING HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE PRODUCT OR SERVICES, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE PRODUCT OR SERVICES.
Vanemar makes no warranty or representation that use of the Products or Services will affect or increase any level of safety. You acknowledge that the Products and Services are not intended to be 100% reliable and are not a substitute for a third-party monitored emergency notification system. We cannot and do not guarantee that you will receive notifications in any given timeframe or at all. All life-threatening, safety and emergency events should be directed to the appropriate response services.
Vanemar Connect Trial and Subscriptions
You may enjoy our Vanemar Connect in the following ways:
We sometimes offer specific customers various trial or other promotional subscriptions to Vanemar Connect Plans, which are subject to these Terms except as otherwise stated in the promotional offers. Trial subscribers may at any time choose not to continue to a paid subscription at the end of the trial period. Suppose you do not enter into a paid subscription for a Vanemar Connect Plan before the end of your trial period. In that case, if any, your Vanemar Connect Recordings will be deleted.
Paid Monthly and Annual Subscriptions
When you first set up your Product through the Services, or at any time after you begin using your Product, you may enjoy our Vanemar Connect Plan by enrolling in our monthly or annual paid subscription plan, which will continue until you or we cancel your subscription. These subscription plans entitle you to access our Vanemar Connect Plan for each payment period until such subscription is cancelled.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR VANEMAR CONNECT PLAN WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE VANEMAR OR ITS AFFILIATES (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEES AND ANY TAXES FOR EACH SUCCESSIVE TERM, USING ANY PAYMENT METHOD WE OR OUR AFFILIATES HAVE ON RECORD FOR YOU.
Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is not received, is returned unpaid or if any credit card or similar transaction is rejected or denied, Vanemar and its affiliates reserve the right to cancel your Vanemar Connect Plan subscription unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge.
To the extent applicable, if you choose to pay by direct debit, you agree that we may take charge as early as the first day of the applicable subscription period. If you enroll for a paid subscription on or after the expiry of your free trial, we may take charge on the same day as you enroll. We will confirm the mandate by e-mail once you have enrolled and will give you advance notice of future charges after the initial charge.
Marina Link by Vanemar
Marina Link is a feature of the Vanemar Application connecting your boat to the marinas. When you decide to dock at a marina that partners with Vanemar, some of your boat's data, including but not limited to your name, surname, name of your boat, as well as any alarms and notifications will be shared with that marina upon the approval of the registered boat owner in the Vanemar Application even if you are a user added by the boat owner. The boat owner can stop sharing boat information at any time. This notification aims only to inform the marina about the threat as quickly as possible and to shorten the response time. Neither Vanemar nor the cooperating marinas can be held responsible in any way for responding to emergencies as an authority. You acknowledge that our Products and Services are not intended for a third-party monitored emergency notification system and Vanemar and the marinas do not monitor emergency notifications in real-time and will not dispatch emergency authorities to your boat in case of an emergency.
The terms and conditions stated in the end-user license agreement ("EULA") provided with the Software will govern the use of each respective copy of the Software used under this license, except that the EULA does not constitute the granting of any additional license to the Software.
From time to time, Vanemar may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Products or for other reasons at our sole discretion ("Updates"). You agree that Vanemar may automatically install such Updates without providing any additional notice to you or receiving any further consent from you.
When you use Vanemar Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Vanemar Services, such as our Message Center, and you can retain copies of these communications for your records. 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.