BY USING AND/OR VISITING THE BEACH YAMAHA WEBSITE, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS OF WEBSITE ACCESS AND THE TERMS AND CONDITIONS OF BEACH YAMAHA'S PRIVACY POLICY, WHICH ARE PUBLISHED HERE AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE. SHOULD BEACH YAMAHA MAKE ANY SUBSTANTIAL CHANGE TO THESE TERMS AND CONDITIONS, WE WILL PUBLISH AN AMENDMENT TO THIS AGREEMENT, or we may email you if you have not opted out of email notifications.

This Agreement applies solely to the Beach Yamaha, Inc. Website, which may contain links to third party websites that are not owned or controlled by the same. Beach Yamaha, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Beach Yamaha, Inc. will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve Beach Yamaha, Inc. from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Beach Yamaha, Inc. Website, and to read the terms and conditions and privacy policy of each other website that you visit.

Beach Yamaha, Inc. hereby grants you permission to view, display, and download a single copy of the material on the Website, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy, republish or rebroadcast any part of the Website in any medium, other than as expressly permitted herein, without the prior written authorization of Beach Yamaha, Inc.; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of this Agreement. This permission shall terminate automatically without notice if you breach this Agreement. Upon termination, you must immediately destroy any downloaded and printed copies of the Beach Yamaha, Inc. Website or any portions thereof.

The original content of the Beach Yamaha, Inc. Website, including without limitation the text, software, graphics, photos, and images (Content), are owned by or licensed to Beach Yamaha, Inc. subject to copyright and other intellectual property rights under United States Copyright Act, foreign laws, and international conventions. Beach Yamaha, Inc. reserves all rights not expressly granted in and to the Website and the Content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform, or distribute the Content in any way for any public or commercial purpose.

Certain names, logos and/or slogans contained in the Website, are the trademarks and service marks of their respective manufactures and distributors. Such marks may not be used without the express written authorization from their respective owners. Nothing on the Webster shall be construed as conferring any license under any of the respective manufactures and distributors trademark or other intellectual property rights, whether by estoppel, implication, or otherwise.

YOU AGREE THAT YOUR USE OF THE BEACH YAMAHA, INC. WEBSITE SHALL BE AT YOUR SOLE RISK. BEACH YAMAHA, INC PROVIDES THE WEBSITE AND CONTENT SOLELY ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BEACH YAMAHA, INC. ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BEACH YAMAHA, INC. MAKES NO WARRANTIES WHATSOEVER ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, PHOTOGRAPHS, LINKS, OR OTHER MATERIAL CONTAINED IN THE BEACH YAMAHA, INC. WEBSITE. BEACH YAMAHA, INC. DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL BEACH YAMAHA, INC. ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE BEACH YAMAHA, INC. WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU FURTHER ACKNOWLEDGE THAT THE USE OF MOTORIZED VEHICLES CAN BE DANGEROUS AND MAY LEAD TO SERIOUS INJURY OR DEATH, AND THAT ANY INFORMATION YOU RECEIVE THROUGH THE WEBSITE CONCERNING THE OPERATION OF MOTORIZED VEHICLES IS FOR GENERAL REFERENCE AND IS NOT IN ANY WAY A SUBSTITUTION FOR PROFESSIONAL TRAINING. YOUR USE OF ANY SUCH INFORMATION IS ENTIRELY AT YOUR OWN RISK, AS EVEN PROPER OPERATION AND USE OF A MOTORIZED VEHICLE MAY NOT PREVENT SERIOUS INJURY OR DEATH.

You agree to defend, indemnify and hold harmless Beach Yamaha, Inc., officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Beach Yamaha, Inc. Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Beach Yamaha, Inc. Website. Beach Yamaha, Inc. shall notify you of any such claim, suit, or proceeding, and may assist you, at your expense, in defending any such claim, suit or proceeding.

You agree that: (i) the Beach Yamaha, Inc. Website shall be deemed solely based in California; and (ii) the Beach Yamaha, Inc. Website shall be deemed a passive website that does not give rise to personal jurisdiction over Beach Yamaha, Inc., either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Beach Yamaha, Inc. that arises in whole or in part from the Beach Yamaha, Inc. Website shall be decided exclusively by a court of competent jurisdiction located in Orange County, California.

This Agreement, together with the Privacy Policy and any other legal notices published by Beach Yamaha, Inc. on the Website, shall constitute the entire agreement between you and Beach Yamaha, Inc. concerning the Beach Yamaha, Inc. Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Beach Yamaha, Inc. failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Beach Yamaha, Inc. reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use of the Beach Yamaha, Inc. Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.