THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF CAPTMIKESMARINA.COM. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. CAPTMIKES MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF CAPTMIKESMARINA.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT CAPTMIKESMARINA.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH CAPTMIKESMARINA.COM.

Section 1. Use.

captmikesmarina.com is provided solely for the use of current and potential Capt. Mike's customers to interact with Capt. Mike's and may not be used by any other person or entity, or for any other purpose. Capt. Mike's does not accept ideas, concepts, or techniques for new services or products through captmikesmarina.com. If such information is received, it will not be considered confidential and Capt. Mike's will be deemed free to use, communicate and exploit such information in any manner it chooses.

Section 2. Changes to captmikesmarina.com.

captmikesmarina.com and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the "Content") may be changed, deleted or updated without notice.

Section 3. Term. Capt. Mike's may discontinue, suspend or modify captmikesmarina.com at any time without notice, and Capt. Mike's may block, terminate or suspend your and any user's access to captmikesmarina.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.

Section 4. Ownership.

captmikesmarina.com and its Content are protected by United States and international copyright, trademark and other laws. © 2006 Capt. Mike's. All rights reserved. Specifically, Capt. Mike's does not convey to anyone, through allowing access to captmikesmarina.com, any ownership rights in captmikesmarina.com or in any Content appearing on or made available through captmikesmarina.com.

Section 5. Disclaimer of Warranty.

CAPTMIKESMARINA.COM AND ITS CONTENT ARE PROVIDED "AS IS". CAPT. MIKE'S AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE CAPTMIKESMARINA.COM AND ITS CONTENT.

Section 6. Limitation of Liability.

USE OF CAPTMIKESMARINA.COM AND ITS CONTENT IS AT YOUR SOLE RISK. Capt. Mike's WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE CAPTMIKESMARINA.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED CAPT. MIKE'S OF THE POSSIBILITY OF SUCH DAMAGES.

Section 7. Indemnity. You hereby release, and agree to indemnify and hold harmless Capt. Mike's Corporation and its subsidiary corporations and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of Your use or viewing of captmikesmarina.com and its Content.

Section 8. Links to other web sites.

There are links on captmikesmarina.com site which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Capt. Mike's. Capt. Mike's makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Capt. Mike's has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.

Section 9. Export.

You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access captmikesmarina.com regarding access, use, export, reexport and import of any Content appearing on or available through captmikesmarina.com. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.

Section 10. Controlling Law and Severability.

This Agreement and Your use of captmikesmarina.com is governed by and construed in accordance with the laws of the United States and the State of New Jersey, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to captmikesmarina.com or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Ocean County, New Jersey. This Agreement may not be changed or modified without the written consent of Capt. Mike's.