Terms of Service – Community Guidelines

Terms of Service

 

All pages of the Bombardier Recreational Products Web site are: ©1997-2011, Bombardier Recreational Products Inc. All rights reserved.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use of this agreement (“Agreement”). This site is owned and operated by BOMBARDIER RECREATIONAL PRODUCTS INC. or its subsidiaries (referred to as “BRP”, “we”, “us” or “our” herein).

 

Copyright
BRP owns and retains the copyrights in the materials found in the BRP Web site. Unless otherwise specified, no one has permission to copy or republish, in any form, any information found on the BRP Web site. No material from this site or any Web site owned, operated, licensed or controlled by BRP may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.

 

Trademark
BOMBARDIER and the BOMBARDIER & Sprocket Design are both trademarks of BOMBARDIER Inc. and are used under license. SKI-DOO, SEA-DOO, JOHNSON, EVINRUDE and other marks present on the Website, and their associated graphic designs, are trademarks of BOMBARDIER RECREATIONAL PRODUCTS INC. ROTAX and its associated graphic designs are trademarks of BOMBARDIER-ROTAX GMBH & CO. KG. LYNX and its associated graphic designs are trademarks of BOMBARDIER-NORDTRAC OY. No trademark or service mark license is granted in connection with the material contained in the BRP Web site.

 

Warranty disclaimer
THIS WEB SITE AND ALL OF THE INFORMATION IT CONTAINS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Information on this Web site could include technical inaccuracies or typographical errors. Changes may be periodically made to the information or the products herein.

 

Limitation of Liabilities
BRP makes no representations whatsoever about any other Web site which you may access through this one. When you access a non-BRP Web site, please understand that it is independent from BRP, and that BRP has no control over the content on that Web site. In addition, a link to a non-BRP Web site does not mean that BRP endorses or accepts any responsibility for the content, or the use, of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses and other items of a destructive nature.

IN NO EVENT, IN REGARD TO THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, WILL BRP BE LIABLE TO ANY PARTY OF ANY DAMAGES OR INJURY CAUSED BY (INCLUDING BUT NOT LIMITED TO) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Confidential or proprietary information
BRP is pleased to hear from you and welcomes your comments regarding BRP products. Unfortunately, you will understand that BRP does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to BRP will be deemed NOT to be confidential. By sending BRP any information or material, you grant BRP an unrestricted, irrevocable license to use, reproduce, display, perform, modify transmit and distribute those materials or information, and you also agree that BRP is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

 

Jurisdictional issues
Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting BRP products. BRP makes no representation that materials or products depicted in the site are appropriate or available in all locations. This agreement shall be governed by and construed in accordance with the laws of the province of Quebec without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

 

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Community Guidelines

 

Introduction
Welcome to the E-Nation Community, operated by representatives of BRP US Inc. or its affiliated companies. (“BRP”, “we”, “our” and “us”). BRP provides the E-Nation Community as a courtesy to its users and customers, to help them exchange ideas, tips, information, and techniques related to our products and services. The E-Nation Community is here for the benefit of all visitors. These usage guidelines (“Guidelines”) apply to your use of all E-Nation Community features made available on Evinrude.com (the “E-Nation Community”). The term “you” or “your” includes any of your subsidiaries, affiliates, employees and parent or legal guardian. Like any online community, the E-Nation Community is most valuable when everyone obeys certain basic guidelines and rules for online behavior. These Guidelines are presented here to highlight what is expected of you and what you can expect from other participants when using the E-Nation Community. Your usage is also subject to the Evinrude.com Website Terms of Use (“Terms of Use”), which provides the terms that govern your use of the Evinrude.com website. The Terms of Use are made available to you at the time you register and can also be found athttp://www.evinrude.com/en-US/Legal-Notice. By accessing, registering and using the E-Nation Community you agree to follow these Guidelines and the Terms of Use. These Guidelines and the Terms of Use collectively form the “Agreement”. In case of discrepancy between these Guidelines and the Terms of Use, the Terms of Use will prevail.

 

Account Registration
To contribute to the E-Nation Community you will be required to register and create a member account (“Account”). To become a member, you must be 18 years of age or older. Information gathered through the registration process and information related to your account will be subject to these Guidelines as well as BRP’s Privacy Policy. You represent and warrant that you will not create an Account for anyone other than yourself without permission, that all information provided by you when creating an Account is true, accurate and complete, and that you will maintain, at all times, true, accurate and complete information related to your Account. Information related to your Account should be maintained by you in a confidential manner. It is your responsibility to advise us if you are aware of any unauthorized access to your Account or if your Account information has been made available by you to third-parties in a manner that may result in unauthorized usage of the Account.

 

We are Here to Help
If you are new to the E-Nation Community and are unsure about anything, the moderators, administrators and other participants are always happy to help. The E-Nation Community is monitored by “Moderators” and “Administrators”, who are identified by the role displayed next to their user names. Please be respectful and follow the direction given by any of them.

 

Keep it Relevant and Appropriate
For everyone’s benefit please stay on topic. The E-Nation Community is provided to encourage knowledge-sharing of Evinrude products and services with others. Please refrain from discussing personal matters or, in general, from posting content in a manner unrelated to the resolution of issues regarding Evinrude products and services. Other inappropriate or unacceptable behavior includes: a) discussing how to violate any policy or agreement entered into with BRP for any product or service, b) posting content which is created solely to “bump” an existing topic or to evade the word filter or site logic; c) double-posting or cross-posting; and d) discussing participant bans or other Moderator actions. The E-Nation Community is not a venue for discussion of legal matters. Therefore, no such discussions are permitted. We reserve the right to delete inappropriate material.

 

Keep it Courteous
Do your part to ensure everyone has a positive experience when participating on the E-Nation Community. Always be mindful of your posts when participating. Specifically, please refrain from posting anything unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable or injurious to third parties. Your opinions are always welcome. However, neither personal attacks nor harassment are acceptable and will not be tolerated. This includes “flaming” others via posts, replies or through private messages. Any use of the E-Nation Community that in BRP’s sole opinion does not conform with these Guidelines or the Terms of Use is unacceptable and subject to removal. In addition, BRP reserves the right to terminate your member account under such circumstances.

 

Keep it Spam Free
The E-Nation Community is provided as a convenience to BRP customers and users and is not to be used for the promotion of third party services, products, websites, or organizations. Please refrain from posting content that would constitute advertising, junk mail, spam, chain letters, or any other form of unauthorized solicitation.

Keep it Legal
You may not post any material (i) that would infringe on any patent, trademark, trade secret, copyright, or other proprietary rights of any person, (ii) that contains software viruses or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware, (iii) that is deemed to be illegal by any local, state, federal, or international law, rule or regulation, or (iv) that is not in strict compliance with these Guidelines or the Terms of Use

 

Be Careful
Most people are happy to assist others within the E-Nation Community. Please remember that their advice is theirs only and that you are responsible for deciding whether or not to follow it. If the advice given by a user sounds wrong to you, do not follow it. Use common sense when providing or receiving assistance from other E-Nation Community participants. Never post personally identifiable information on the E-Nation Community. This includes your personal information as well as anyone else’s personal information. Personally identifiable information includes but is not limited to – name, physical and/or email address, age, phone number or credit card information. Furthermore, if any user asks you for personal information e.g. an account number, address, password or credit card number, do not provide it. Lastly, use common sense. Evaluate for yourself whether the advice provided or the request made makes sense to you.

 

Community Leaders
From time-to-time BRP may designate certain members as community leaders, or other valued participants in the E-Nation Community. The “Community Leader” designation does not create an employee, agency or independent contractor relationship between BRP and this member, nor does it make this member a BRP spokesperson. The designation simply allows other Community Forum participants to know which members have been helpful, have provided constructive advice and have set a positive example and tone for the E-Nation Community. Opinions and advice provided by members are their own. BRP is not responsible for the content of Community Leader’s posts.

Employee Participation
Employees of BRP or companies that do business with BRP may only participate in the E-Nation Community in a personal capacity and not as representatives of BRP or their respective employers.

 

Removal of content and limitation of user access
BRP does not generally edit or monitor content posted by participants in the E-Nation Community. However, BRP retains the right, at its sole discretion, to limit users’ access to the E-Nation and to remove material that, in BPR’s sole judgment, does not comply with the current Guidelines, the Terms of Use, or that is otherwise inappropriate, considered harmful, objectionable, or inaccurate. BRP is not responsible for any failure or delay in removing such material. Moderators may take any action they deem necessary to support the Guidelines, or the Terms of Use. Moderators may take any action including editing or deleting material as well as banning individual users whose behavior detracts from the experience of other users or the purpose of the E-Nation.

 

Disclaimer of Warranties and Limitation of Liability
Community Forum participants like you provide most of the content in the E-Nation Community. Such third-party content is the sole responsibility of the person posting the content. BRP does not control or endorse such content and is not responsible for this third-party content. BRP does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement on intellectual property rights, or quality of any content that appears in the E-Nation, regardless of who originates that content. You expressly understand and agree that you bear all risks associated with using or relying on the content. BRP will not be liable or responsible in any way for any content within the E-Nation, including, but not limited to, any errors or omissions in the content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any content. This disclaimer and limitation on liability is in addition to the disclaimers and limitations contained in the Terms of Use that apply to all use of BRP’s Websites, and which can be found at http://www.evinrude.com/en-US/Legal-Notice. In case of discrepancy between these Guidelines and the Terms of Use, or with BRP’s Privacy Policy, the Terms of Use and the Privacy Policy will govern.

 

Changes to these Guidelines
We may periodically modify and supplement these Guidelines. You are responsible for regularly checking the Guidelines for revisions. All amended terms become effective upon our posting, and any use of the Community Forum after such revisions have been posted signifies your consent and agreement to the modified Guidelines.