TERMS OF USE

Last Updated October 19th, 2016

• BUNKER DAYS TERMS OF USE +

  This Terms of Use and Privacy Policy (“Policy”) is an agreement between you and Bunker Days, Inc., (together with its affiliates, “BUNKER DAYS”), that governs your use of the bunkerdays.com web site (the “Site”) and the BUNKER DAYS application (the “App”).

  The Site and App are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this Policy. Your use of the Site and App constitutes your agreement to all such terms, conditions, and notices. If you do not accept this Policy, you may not use the Site or App.

  Please note that special terms or authorizations apply to some services offered on or through the Site or App, including, without limitation, the posting or submission of any user content, photography, video or other materials via BUNKER DAYS’ service (the “Services”). These terms may be posted on the Site or by and through the App in connection with the applicable services, and you are required to agree to such terms prior to receipt of any services or the Services. Any such terms are in addition to this Policy, and in the event of a conflict, prevail over this Policy.

  As used in this Policy, “we,” “our” or “us” refers to Bunker Days, Inc. and its affiliates. “You,” “yours” or other similar designation refers to the person accessing or using the Site.

  BUNKER DAYS reserves the right to change this Policy at any time, so we encourage you to review this page periodically. The changes will be effective immediately when posted. Your use or continued use of the Site following the posting of any changes to this Policy shall constitute your acceptance of the changed Policy.

• SITE CONTENT +

  All of the content on the Site and the App is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by BUNKER DAYS or its licensors. BUNKER DAYS grants you a limited license to access and use the Site and the App for the limited purpose of gathering information about BUNKER DAYS and its products and services. You may not use the trademarks, service marks, trade dress and copyrighted material displayed on the Site, except as specifically permitted in writing by BUNKER DAYS. Other than as set forth above, BUNKER DAYS and its licensors retain all right, title and interest in and to the Site and the App, including all copyrights, patents, trade secrets and trademarks, and reserves all rights not expressly granted herein.

  You may not download (other than page caching) the Site, or any portion of it, except with the express written consent of BUNKER DAYS. You also may not copy, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any portion of the Site or any materials contained on the Site (including, without limitation, computer programs or other code) or the Services. You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any content or portion of the Site.

  Your license to access and use the Site, the App, and any software associated therewith (the “Software”) does not include any resale or commercial use of the Site, the Software or its contents; any collection and use of any service or program listings or descriptions; any downloading or copying of information distributed by BUNKER DAYS on the Site or the Services for the benefit of another person or company; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, the Services the App or any portion thereof may not be visited or otherwise exploited for any commercial purpose other than your personal purposes without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of the Site or the App without our express written consent. You may not use any metatags or any other "hidden text" utilizing the name, domain name or trademarks of BUNKER DAYS without the express written consent of BUNKER DAYS. Any unauthorized use terminates the permission or license granted by BUNKER DAYS.

  We may change, suspend or discontinue any aspect of the Site, the App, or the Services at any time, including the availability of any feature, database or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Site, the App or the Services without notice or liability.

• PURCHASES +

  We reserve the right to correct any errors or mistakes in pricing, product description, or listings that it makes on the Site, the App, or when processing an order even if it has already requested or received payment. In such case, we may refuse or cancel an order and refund any amounts paid. All purchases are subject to our policies and procedures relating to processing, shipping and handling, returns and exchanges set forth herein and on the Site. All prices are in U.S. dollars.

  Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. We may cancel an order at any time if we determine that it will not be able to fulfill such order, or for any other reason, and upon any such cancellation will notify you and refund any amounts paid by you for such order. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice.

  We ship via a 3^rd party shipping partner. Orders made before 6:00pm Central Time will typically be processed the same day. Estimated time of delivery is within 3-5 business days, depending on the method of shipping selected upon checkout. All turnaround times and delivery dates are estimates and non-binding. We will ship products as they become available. We will keep you informed of any products that you have ordered that are out of stock and/or unavailable for immediate shipment. When placing an order, we require your exact billing and mailing address, and any other information we deem appropriate and necessary to properly process the transaction. Incorrect information will cause your order to be declined. We also have the right to cancel or refuse any order if we determine the billing or mailing address is not accurate or if we suspect fraud or unauthorized or illegal activity. If such is the case, we may reject your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

  From time to time, BUNKER DAYS offers its users special offers and discount codes to be used in conjunction with the Site and/or App. These offers are frequently disseminated via ththe Site and/or App and through email to those who have registered for our email database. They are sometimes announced via other means of communication in conjunction with the promotion of the BUNKER DAYS product collection, including radio and TV broadcasts, internet forums and various online websites.

  We encourage our users to redeem these special offers, but we respectfully ask that you not exploit them. BUNKER DAYS, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of the Site and/or App in order to receive several free products with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order.

  It is BUNKER DAYS’s policy to comply with all applicable state and federal laws and regulations concerning the purchase of any product by You. These laws may require verification of certain information including information relating to licenses possessed by You or address and location verification. You agree to provide any and all information required by BUNKER DAYS to comply with applicable state and federal laws and regulations and further agree that failure to provide such information constitutes grounds for the voiding of any order or the refusal by BUNKER DAYS to process any order.

• CORRECTIONS +

  Occasionally there may be information on the Site or the App that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).

• PROHIBITED ACTIVITIES +

  You may not access or use the Site or the App for any other purpose other than that for which we make it available. The Site and the App are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activity includes, but is not limited to:

  • systematic retrieval of data or other content from the Site or the App to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us;

  • disguising the origin of any information or inquiry transmitted through the Site or the App or using tools which anonymize your internet protocol address (e.g. anonymous proxy) to access any Service;

  • tricking, defrauding or misleading us and other users, especially in any attempt to learn sensitive account information such as passwords;

  • making improper use of our support services or submitting false reports of abuse or misconduct;

  • engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;

  • interfering with, disrupting, or creating an undue burden on the Site, the App, or the networks or services connected to the Site or the App;

  • attempting to impersonate another user or person or using the username of another user;

  • using any information obtained from the Site or the App in order to harass, abuse, or harm another person;

  • using our services as part of any effort to compete with us or to provide services as a service bureau;

  • attempting to bypass any measures of the Site or the App designed to prevent or restrict access to the Site, the App, or any portion of the Site or App;

  • harassing, annoying, intimidating or threatening any of our employees or agents engaged in providing any portion of the services to you;

  • disparaging, tarnishing, or otherwise harming, in our opinion, us and/or the Site or the App; and

  • using the Site, the App, or our services in a manner inconsistent with any and all applicable laws and regulations.

• LINKS TO THIRD PARTY SITES +

  The Site or the App may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of BUNKER DAYS, and BUNKER DAYS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We do not guarantee or attest to the accuracy and completeness of the information obtained through these Linked Sites. Accordingly, BUNKER DAYS will not be held liable for decisions made based upon information on these Linked Sites. We are not responsible for web casting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BUNKER DAYS of the site or any association with its operators, as we have no control over the quality, accuracy or comprehensiveness of the information obtained.

• USE OF SITE OR APP +

  As a condition of your use of the Site of the App, you warrant to BUNKER DAYS that you will not use the Site for any purpose that is unlawful or prohibited by this Policy. You may not use the Site or the App in any manner that could damage, disable, overburden, or impair the Site or the App, or interfere with any other party’s use and enjoyment of the Site or the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or App. You further represent, warrant and covenant that you will not upload, post or transmit to or distribute or otherwise publish through the Site or App any materials that (i) restrict or inhibit any other user from using and enjoying the Site or App, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.

• SUBMISSIONS +

  By posting, uploading, inputting, providing or submitting any materials or engaging in any other form of communication (individually or collectively “Submissions”) to or through the Site or App, or its associated services (including, without limitation, the Services), you grant BUNKER DAYS, affiliated companies and necessary sub-licensees, a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Submissions, in all media now known or hereafter developed, unless otherwise prohibited by the terms of this Policy or any applicable federal, state or local law or regulation (including, without limitation, any regulation applicable to the Services). You hereby waive all rights to any claim against BUNKER DAYS for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with BUNKER DAYS’ authorized use of such Submissions.

  By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described herein, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such Submission. You acknowledge that, by submitting Submissions through the Site or App, no confidential, fiduciary, contractually implied or other relationship is created between you and BUNKER DAYS other than pursuant to this Policy or as established by applicable federal, state or local law or regulations.

  BUNKER DAYS does not and cannot review all materials posted to the Site or App by users, and BUNKER DAYS is not responsible for any such materials posted by users. Nonetheless, BUNKER DAYS reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BUNKER DAYS’ sole discretion.

• INTELLECTUAL PROPERTY RIGHTS +

  The content on the Site and App (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to BUNKER DAYS, and are subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All BUNKER DAYS graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of BUNKER DAYS in the U.S. and/or other countries. BUNKER DAYS’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BUNKER DAYS.

  Company Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the Site or the App to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from BUNKER DAYS is prohibited. Provided that you are eligible to use the Site and the App, you are granted a limited license to access and use the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. BUNKER DAYS reserves all rights not expressly granted to you in and to the Site, the App, and Company Content and Marks. The use and access rights granted herein do not include any right to use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that is competitive with the Site.

• TRUTHFUL DISCLOSURE +

  Some services provided through the Site and the App, including, without limitation, the Services, permit or require you to create an account or register with the Site or App to submit certain personal information to participate in the Site, App, or the Services or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the Site. By providing us with such information, you authorize BUNKER DAYS, either itself or through third parties, to make any inquiries we consider necessary to confirm such information. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality of your personal information and for restricting access to your computer and mobile devices. You agree to accept responsibility for all activities that occur under your account or password and that BUNKER DAYS will not be liable for any actions by any other individual that uses your account or password, if any, or identity or personal information with or without your consent or knowledge. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, if any, identity, or personal information, or any other breach of security that you become aware of involving or relating to the Site or the App. In addition, you agree to exit from your account (if any) and the Software at the end of each session.

• MODIFICATIONS +

  We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Site and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Site or our services after any such modification becomes effective. We may also, in our discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings (if applicable) to ensure you are informed of changes. You agree that you will periodically check the Site for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.

• DISPUTES +

  All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Site, the App, or our Services shall be governed and construed by the law of the State of Florida, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against BUNKER DAYS arising out of or related in any respect to this Site, the App and BUNKER DAYS shall be brought solely in either the applicable federal or state courts located in or with jurisdiction in Florida; subject, however, to the right of BUNKER DAYS, at BUNKER DAYS’ sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Site, the App, and/or BUNKER DAYS (including your visit to or use of the Site) be instituted by you more than two (2) years after the cause of action arose.

• LIABILITY DISCLAIMER AND LIMITATION +

  THE SITE, THE APP, AND THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES (INCLUDING, WITHOUT LIMITATION, THE SERVICES), CONTENTS, GRAPHICS DOCUMENTS AND OTHER ELEMENTS INCLUDED IN OR AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE “CONTENTS”) MAY INCLUDE INACCURACIES OR ERRORS. WE MAKE NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE OR ITS CONTENTS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE. WE MAY, IN OUR SOLE DISCRETION, MAKE IMPROVEMENTS, DELETIONS, OR OTHER CHANGES IN THE SITE AND THE CONTENTS HEREOF, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF ANY SITE FEATURE, SOFTWARE, DATABASE OR CONTENT, AT ANY TIME WITHOUT NOTICE; PROVIDED, HOWEVER, THAT WE SHALL BE UNDER NO OBLIGATION TO DO SO. WE MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO THE SITE OR TO PORTIONS OF IT WITHOUT NOTICE OR LIABILITY.

  IN THE EVENT THAT AN INACCURACY ARISES, PLEASE INFORM BUNKER DAYS AT: SUPPORT@BUNKERDAYS.COM.

  WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE OR THE CONTENTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND BUNKER DAYS AND ITS SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SITE, THE CONTENTS AND ANY LINKED SITE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, ITS CONTENTS AND ANY LINKED SITE. WE DO NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR THE USE OR PERFORMANCE OF THE SITE OR THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, THE CONTENTS OR ANY ERRORS CONTAINED THEREIN.

  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUNKER DAYS OR ITS SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH IN ANY WAY THE SITE, THE APP, ITS CONTENTS OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OR THIRD PARTIES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE SOFTWARE OR ANY OF THE TERMS OR CONDITIONS CONTAINED IN THIS POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SOFTWARE.

• TERMINATION/ACCESS RESTRICTION +

  We reserve the right, in our sole discretion, to suspend the Site, the App, or your use of the Site or the Software or terminate this Policy or your access to the Site, the App, and the related services or any portion thereof at any time, without notice, for any reason, including, in the case of the Policy, for your violation of any of its provisions. The Liability Disclaimer and Limitation, Submissions, Indemnification and Miscellaneous sections of this Policy shall survive any such termination.

• INDEMNIFICATION+

  You hereby agree to indemnify, defend and hold BUNKER DAYS and all its directors, officers, agents, employees, information providers, partners, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties (including, without limitation, reasonable attorneys’ fees and costs) in connection with any claim arising out of or related to (i) your Submissions as provided to BUNKER DAYS or (ii) any breach by you of the Policy or the representations, warranties and covenants contained herein. You shall cooperate as fully as reasonably required in the defense of any claim. BUNKER DAYS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of BUNKER DAYS.

• MISCELLANEOUS+

  This Agreement constitutes the entire agreement between you and BUNKER DAYS regarding the use of the Site, the App and BUNKER DAYS’ services. The failure of BUNKER DAYS to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. BUNKER DAYS may assign any or all of its rights and obligations to others at any time. BUNKER DAYS shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond BUNKER DAYS’ reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Upon BUNKER DAYS’ request, you will furnish BUNKER DAYS any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against BUNKER DAYS by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.