What data do we collect automatically and why? When you visit BurgerBoat.com and you have not otherwise identified yourself, our web server automatically recognizes your domain name, but not your e-mail address. We collect the domain name and monitor general site use and traffic patterns to improve our web site. Burger uses web server logs to collect data for metric purposes. Examples of the types of data collected on the logs are IP addresses, referral pages, as well as date and time of BurgerBoat.com access. We may use collected data to customize the content and/or layout of our pages for each individual visitor.
Do we collect personal information? In some cases, Burger requests personally identifiable information from you in order to satisfy the underlying purpose of your accessing BurgerBoat.com. Examples of personally identifiable information include names, e-mail addresses, mailing addresses, and the like. Please note that we do not consider aggregated information, from which personally identifiable information has been removed, to be private.
When would we disclose your information? We do not rent, sell, or trade any personally identifiable information about you (e.g., e-mail addresses) to third parties. In order to cooperate with legitimate governmental requests, subpoenas, or court orders, to protect Burger and/or Burger's systems and customers, or to ensure the integrity and operation of Burger and/or Burger's business and systems, Burger and/or Burger may access and disclose any information it considers necessary or appropriate under the circumstances.
What if data is transmitted internationally? If you are one of our international guests, we realize that you may want to know whether your personal information will be transferred out of your country of origin. Please be aware that when you access a Burger Site, your personal data may be transferred to computers in the United States in order to process your request.
What about external links? For the convenience of our Site visitors, Burger may provide links to third party web sites that are external to Burger. These web sites are not operated or controlled by Burger, and Burger is not responsible for the privacy practices or the content of such external web sites.
“AS IS” BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. BURGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. BURGER DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BURGER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE BURGER ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, BURGER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Burger reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Burger.
Limitation of Liability
IN NO EVENT SHALL BURGER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BURGER (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF BURGER'S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID BURGER, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Construction and Brokerage Agreements
IN NO EVENT SHALL ANY INFORMATION, MATERIALS, CONTENT, SERVICES OR PRODUCTS ON THIS SITE MODIFY, ALTER OR CHANGE ANY TERMS, WARRANTIES OR AGREEMENTS CONTAINED IN ANY OF BURGER’S CONSTRUCTION, REPAIR OR VESSEL SERVICE AGREEMENTS OR ANY BURGER BROKERAGE AGREEMENTS THAT MAY BE EXECUTED BETWEEN BURGER AND YOU.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Wisconsin, applicable to agreements made and entirely to be performed within the State of Wisconsin, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Manitowoc County, Wisconsin, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, Burger reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Revised August 2012