Terms of Use

PLEASE READ THE TERMS OF USE BELOW.

These Terms of Use (the “TOU") state the terms and conditions under which the American Watercraft Association ("AWA"), provides you ("you," or “your") access to the AWA website (referred to interchangeably as RidePWC.com, AWAHQ.org or AWAHQ.com) (together with any sub-domains thereto and future sites operated by AWA in conjunction with RidePWC.com, AWAHQ.org or AWAHQ.com).

BY ACCESSING, BROWSING, OR USING THE SITES AND SERVICES (AS DEFINED BELOW), YOU ARE DEEMED TO ACCEPT THE TOU, AS WELL AS OUR PRIVACY POLICY AND GENERAL DISCLAIMER (each of which is incorporated herein by reference), AS A BINDING AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TOU, THE PRIVACY POLICY, OR THE GENERAL DISCLAIMER, PLEASE DO NOT ACCESS OR USE THE SERVICES (as defined below). YOUR USE OF THE SITES AND SERVICES AND INFORMATION PROVIDED THEREIN MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

These Terms of Use should be read in conjuction with the RidePWC.com Disclaimer, the RidePWC.com Privacy Policy and Copyright and permissions information and the GNU Free Documentation License which governs the user-contributed content on RidePWC.com and the Expression Engine software with which much of RidePWC.com is operated.

1. DESCRIPTION OF SITES, SERVICES, AND SOFTWARE RidePWC.com provides users with access to a rich collection of resources, including but not limited to, blogs, directories, dictionaries, encyclopedias, atlases, glossaries, that are, for the most part, developed in a community-based, user-generated, “wiki” approach that the community constantly improves.

2. ACCEPTANCE OF TERMS; CHANGES TO TOU RidePWC.com provides the Services to you subject to the following TOU, which may be updated by us from time to time in our sole discretion. Each time changes are made to the TOU, a revised TOU will be posted on RidePWC.com. Your continued use of RidePWC.com, or any part thereof, following the posting of changes constitutes your acceptance of such changes. If you do not wish to be bound by the TOU, you should discontinue your use of RidePWC.com.

3. YOUR LICENSE TO USE RidePWC.com RidePWC.com grants you a personal, non-exclusive, non-transferable, revocable license to use RidePWC.com.

4. You acknowledge that RidePWC.com is not obligated to pre-screen content submitted by members, but that RidePWC.com shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available via RidePWC.com by any user that violates the TOU or is otherwise objectionable.

6. MODIFICATIONS TO RidePWC.com. RidePWC.com reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, RidePWC.com (or any part thereof) with or without notice. You agree that RidePWC.com shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

7. DEALINGS WITH ADVERTISERS OR THIRD PARTY VENDORS RidePWC.com may include advertisements on RidePWC.com, which are necessary for RidePWC.com to provide this service to its users free of charge. Your correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through RidePWC.com, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. Additionally, all product reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a third party vendor in any transaction. You agree that RidePWC.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings on RidePWC.com.

8. DISCLAIMER: WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF RidePWC.com. ADDITIONALLY, RidePWC.com SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. RidePWC.com, AND ITS THIRD-PARTY LICENSORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT.

RidePWC.com, ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT: (i) RidePWC.com WILL MEET YOUR REQUIREMENTS, (ii) THE PROVISION OF RidePWC.com WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF RidePWC.com WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF RidePWC.com WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN RidePWC.com WILL BE CORRECTED. NEITHER WE, NOR OUR LICENSORS OR SUPPLIERS, GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF RidePWC.com. RidePWC.com MAY BE HARMFUL, UNTIMELY, INCOMPLETE, OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING RidePWC.com.

ADDITIONALLY, PLEASE REVIEW OUR GENERAL DISCLAIMER, WHICH IS HEREBY MADE A PART OF THE TOU.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO A PORTION OF THE FOREGOING MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO THE MINIMUM PERIOD PERMISSIBLE UNDER APPLICABLE LAW.

9. LIMITATION OF LIABILITY NONE OF THE LICENSORS, CONTRIBUTORS, SPONSORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH RidePWC.com IN ANY WAY WHATSOEVER CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM RidePWC.com.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR LICENSORS AND SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS RidePWC.com, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER WE NOR OUR LICENSORS OR SUPPLIERS ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF RidePWC.com AND/OR ANY MATERIAL LINKED THROUGH RidePWC.com. UNDER NO CIRCUMSTANCES WILL RidePWC.com’, OR RidePWC.com’ LICENSORS’, DIRECT LIABILITY ARISING OUT OF USE OF RidePWC.com EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID RidePWC.com FOR SUCH USE OR (II) $10.00. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU.

10. INDEMNIFICATION You agree to indemnify and hold RidePWC.com, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands or costs of any kind, including reasonable attorneys’ fees and costs of litigation, arising from (i) your Postings or other content you submit, post, transmit, email, or otherwise make available through RidePWC.com, (ii) your use of or reliance on RidePWC.com, (iii) your connection to RidePWC.com, (iv) your violation of the TOU, or (v) your violation of any rights of another party.

11. TRADEMARK INFORMATION RidePWC.com, AWA, Ride and their logos are trademarks of the American Watercraft Assocation or its third-party licensors. Without our written prior permission, or that of applicable third parties, you agree not to display, or use in any manner, the marks of AWA.

12. CHOICE OF LAW AND FORUM The TOU and the relationship between you and RidePWC.com shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and RidePWC.com agree to submit to the personal and exclusive jurisdiction and forum convenience of the federal and state courts located in Nashville, Tennessee.

13. SEVERABILITY; ENGLISH LANGUAGE If any provision in the TOU should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the TOU if no such modification is possible, and the other provisions of the TOU shall remain in full force and effect. The controlling language of the TOU is English. If you have received a translation into another language, it has been provided for your convenience only.

14. HEADINGS The headings to the sections of the TOU are used for convenience only and shall have no substantive meaning or impact on the interpretation of the TOU.

15. LOCATION OUTSIDE THE U.S. If you are located outside the U.S., then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use RidePWC.com, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the TOU enforceable.

16. ENTIRE AGREEMENT The TOU constitute the entire agreement between you and RidePWC.com and govern your use of RidePWC.com, superseding any prior agreements between you and RidePWC.com. Please note, however, that some Services may have additional or different terms related specifically to such Service only ("Service Terms"). The Service Terms are in addition to the general terms and conditions in the TOU. If there is any conflict between the TOU and the Service Terms, the Service Terms will govern with respect to that particular Service. Some terms contained in the TOU may not be applicable to a particular Service, in which case, such inapplicable terms will not apply to you with respect to that particular Service.

17. REGISTERED USERS OF RidePWC.com CAN BE BLOCKED OR BANNED FROM USINGS OR POSTING TO THE SITE FOR BEHAVIOR DEEMED INAPPROPRIATE BY THE OWNER OF RidePWC.com. Because of its wiki-approach to the creation of resources in an open, collaborative fashion, it is important that while you are using this website, on the blog and comments section, the wiki or any other part of the site, whether by editing or adding content, that you be courteous to others and use your common sense. You will be blocked or banned from participating in the creation or editing of content if you involve in behavior judged by the the administrators of the site as abusive or inappropriate.

Abusive or inappropriate behavior includes:

* Spamming (posting of commerical messages, or content deemed to be designed primarily to influence search engine results).
* Flaming
* Threatening Another User
* Racism
* Deleting Site Content Unnecessarily
* Deliberately Posting False Information Repeatably
* Uploading Useless Junk That Doesn’t Benefit Anyone

Material that will not be tolerated on RidePWC.com includes:

* Pornography
* Nudity
* Content that falls outside the copyright guidelines described in our Copyrights policy
* Irrelevant links and content deemed intended for commercial purposes of the influence search engine results of the sites linked to.
* Promotions of illegal activity
* Promotions of unethical or questionable “business opportunities”
* Scams

Etiquette

When using RidePWC.com, please ensure that you do not edit any content because you in particular do not agree with it. If any information provided is incorrect or grammatical errors have been made, then feel free to, but do not edit or delete a page needlessly.

Backup Policy

We regularly backup RidePWC.com. However, there may be events that cause us to lose data. We apologize for that occurance, however, we are not guaranteeing that it will never happen.

RidePWC.com MAKES NO GUARANTEE OF VALIDITY

RidePWC.com is a website, including a blog and an online open-content collaborative encyclopedia (or “wiki"), that is, a voluntary association of individuals and groups working to develop a common resource of knowledge. The structure of RidePWC.com allows any registered user with an Internet connection to alter its wiki content and to comment on its blog posts, including but not limited to text posts, photo posts and video posts. Please be advised that nothing found here has necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information.

That is not to say that you will not find valuable and accurate information in RidePWC.com; much of the time you will. However, RidePWC.com, its owners, or it registered users, cannot guarantee the validity of the information found here. The content of any given entry or article may recently have been changed, vandalized or altered by someone whose opinion does not correspond with the state of knowledge in the relevant fields.

No formal peer review
The developers of the software we use here at RidePWC.com are working on ways that will allow you to link to a specific version of any page. Currently, that is not available and you must be aware that any changes made to a page can be updated and altered by another users—unless specifically noted on a page. Our active community of contributors monitors new and changing content. However, RidePWC.com is not uniformly peer reviewed; while readers may correct errors or engage in casual peer review, they have no legal duty to do so and thus all information read here is without any implied warranty of fitness for any purpose or use whatsoever. Even articles that have been vetted by informal peer review or that is featured or altered by an employee of RidePWC.com’s owner, you must assume that the content may have later been edited inappropriately, just before you view them.

None of the contributors, sponsors, administrators, or anyone else connected with RidePWC.com in any way whatsoever can be responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked from these web pages.

Trademarks
Any of the trademarks, service marks, collective marks, design rights, personality rights or similar rights that are mentioned, used or cited in the articles of RidePWC.com are the property of their respective owners. Their use here does not imply that you may use them for any other purpose other than your personal use as a part of this website. Unless otherwise stated RidePWC.com is neither endorsed nor affiliated with any of the holders of any such rights and as such RidePWC.com cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk.

Jurisdiction and legality of content
Publication of information found in RidePWC.com may be in violation of the laws of the country or jurisdiction from where you are viewing this information. The RidePWC.com website is stored on a server in the State of California in the United States of America, and is maintained in reference to the protections afforded under local and federal law. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. RidePWC.com does not encourage the violation of any laws; and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce, or republish the information contained herein.

Not professional, safety or operation advice
If you need specific advice (for example, legal, financial, risk management, safety, operating instructions) please refer to the manufacturer or dealer of your PWC or a professional who is licensed or knowledgeable in that area. The information you find on RidePWC.com should not be used instead of such professional advice. Some maneuvers appearing on this site are performed by professional riders on a closed course. You should never attempt any of these actions at anytime. Indeed, it may be illegal in your area, unless under a closed course condition. Those performing these stunts are highly-gifted individuals with years of practice and supervision. The AWA does not condone the activities depicted herein unless under a closed course with proper safety considerations in place.

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