Terms and Conditions

INTRODUCTION

This website (the “Site”) is owned and operated by EAST END PROJECT MTK, LLC (“WHALEBONE”), the manufacturer of WHALEBONE and other products. By viewing or using our Site, you agree to these Terms and Conditions, and those promulgated by WHALEBONE from time to time. WHALEBONE reserves the right to amend, change or modify these Terms and Conditions at any time, with or without notice to you. By using the Site after we post any such changes, you hereby agree to such modified terms. If you do not agree to any of these Terms or Conditions or any changes made by WHALEBONE hereafter, you may simply exit the Site.

This Site is operated by WHALEBONE, from its offices in Montauk, New York, USA and Jacksonville, Florida, USA. WHALEBONE makes no representation that content of the Site is appropriate or lawful in other territories or jurisdictions. Use or access of this Site from territories or jurisdictions where the Site or any of its content is illegal, unlawful, violative of obscenity or other laws is strictly prohibited. Those who choose to access this Site from other states or countries do so at their own risk and such users are solely responsible for compliance with applicable local laws.

The content that appears on our Site is for informational purposes only. We do our best to ensure that the information posted on the Site (including product models and availability, dealer locations, rider names, etc.) is timely and accurate; however, errors do appear from time to time. We are not responsible for, and do not guarantee the performance of, goods and services provided by any third party to whose website we link. We may from time to time place a button or link to the website of another individual or company. Any links on this Site are designed for convenience only, and do not constitute an endorsement by WHALEBONE of that site, its owner or host or the products or services offered or listed on such site.

All text, images, graphics, logos, icons, design elements, trademarks, trade dress and other Site content, as well as the specific arrangement thereof, are Copyright © 2016-2018, East End Project MTK, LLC. or its licensors, 320 1st Street N Suite 707 Jacksonville Beach, FL 32250, USA. All rights reserved.

OWNERSHIP OF SITE CONTENT

Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, copyrights and copyrightable materials, trademarks, trade dress and other Site content (collectively referred to herein as the “Site Content”) are the exclusive property of WHALEBONE or its licensors. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site Content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of WHALEBONE and, where applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. WHALEBONE grants you no express or implied rights by way of your permitted downloading of copyrighted material.

RESTRICTIONS ON YOUR USE

Your use of this Site is pursuant to a single-copy revocable license granted to you. As a condition of your use of this Site, you warrant to WHALEBONE that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. All other rights, including all rights of ownership, are reserved by WHALEBONE. This means that you may access the Site using a browser and you may download one copy of the Site Content on a single computer for your own personal and non-commercial internal use. You shall not: (a) modify the Site Content, in whole or in part; (b) use the Site Content, in whole or in part, for any commercial purpose or public display, performance, sale, or rental; (c) decompile, reverse engineer, or disassemble software materials; (d) remove any copyright notice or other proprietary notices from the Site Content; or (e) assign, transfer or export, or attempt to assign, transfer or export, the Site Content, in whole or in part, to another person. You agree to prevent any unauthorized copying of the Site Content.

TRADEMARKS

The trademarks, logos and any designs used or displayed on the Site are trademarks and/or service marks owned by WHALEBONE or, on occasion, used by WHALEBONE under license from another third party. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of WHALEBONE, is strictly prohibited. Other trademarks, service marks, trade names and company logos utilized in the Site are the property of their respective owners. All rights reserved.

LINKING AND FRAMING

As a matter of policy, WHALEBONE does not permit you to create or post a link or a frame to any WHALEBONE site (including this Site) without WHALEBONE’s prior written approval. If you wish to link to the Site, please contact us at hello@shopwhalebone.com, to apply for permission to do so.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR RISK. NEITHER WHALEBONE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WHALEBONE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL WHALEBONE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SOFTWARE USED IN CONNECTION WITH THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

IN NO EVENT SHALL WHALEBONE (INCLUDING ITS EMPLOYEES, DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY HYPERLINKED WEBSITE, EVEN IF WHALEBONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF WHALEBONE IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. YOU FURTHER AGREE THAT JUDGE SHALL NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND WHALEBONE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

CONTENT YOU POST

You agree not to post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without WHALEBONE’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in WHALEBONE’s discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online services, whether or not such other services are competitive with WHALEBONE. By submitting material to any public area of the Site, including but not limited to chat rooms, you automatically grant (or warrant that the owner of such material has expressly granted) WHALEBONE the royalty free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Site to access, view, store or reproduce the material for that user’s personal use. You hereby grant WHALEBONE the right to edit, copy, publish and distribute any material made available on the Site by you. WHALEBONE shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms and forums, to determine compliance with these Terms and Conditions or any operating rules established by WHALEBONE and to satisfy any law, regulation or authorized government request. WHALEBONE shall have the right in its discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, WHALEBONE shall have the right to remove, at any time and without notice to you, any material that WHALEBONE, in its discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

PROMOTIONS

WHALEBONE or its operational partners. may, from time to time, randomly select a member of the WHALEBONE mailing list to receive free goods. This promotion is good only while supplies last. Recipients agree that their name, certain biographical information, and/or a photograph of them, may be used by WHALEBONE, without further compensation, in any publicity. WHALEBONE, reserves the right to amend these rules at any time in its discretion. Winners are responsible for all taxes in connection herewith. The contest rules shall be interpreted according to the substantive laws of the State of New York, without regard to choice of law principles. THIS PROMOTION IS VOID WHERE PROHIBITED OR WHERE PRIOR REGISTRATION OR OTHER FILINGS OR NOTICES ARE REQUIRED UNDER LAW.

NO PURCHASE NECESSARY.

TERMINATION

This agreement is effective until terminated by WHALEBONE, at any time without notice. In the event of termination, you are no longer authorized to access this Site and the restrictions imposed on you with respect to the Site Content as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

GENERAL TERMS

This Site, and its use, shall be governed by the substantive laws of the State of Florida and the United States of America. The exclusive jurisdiction and venue for any dispute or litigation arising out of or related to the Site, its content, these Terms and Conditions or your use of the Site shall be the state or federal courts located in the Duval County, Florida. Any rights not expressly granted herein are reserved by WHALEBONE. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of WHALEBONE to enforce a right under these Terms and Conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. The above stated rules represent the entire understanding between each user of the WHALEBONE Site, regarding each user’s relationship with WHALEBONE and supersedes any prior statements or representations.

COMMENTS

WHALEBONE welcomes your comments. If you have questions or comments about our policies, feel free to send us an email at: hello@shopwhalebone.com

PRIVACY CONCERNS

We respect the privacy of our users. We have established a separate privacy policy (accessible by a “Privacy Policy” button on the Site) that sets forth some of the WHALEBONE privacy issues, or you can contact us at: hello@shopwhalebone.com for more information.