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Conditions of Use

JOHNNYS-PROPELLER.COM TERMS AND CONDITIONS OF USE

Johnnys-propeller.com Website is owned and operated by Johnny’s Propeller Shop, Inc. Any and all rights reserved for Johnnys-propeller Website are also hereby transferred to Johnny’s Propeller Shop, Inc. throughout this and all other documents of the Johnnys-propeller.com Website. Welcome to Johnnys-propeller.com! By using Johnnys-propeller.com's Website, whether You are shopping or just browsing, You agree to the following Terms and Conditions of Use ("Terms and Conditions"). Please read them carefully. If You do not accept Terms and Conditions stated here, DO NOT USE JOHNNYS-PROPELLER.COM'S WEBSITE. Johnnys-propeller.com may revise these Terms and Conditions at anytime by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on You. If You have any questions regarding Johnnys-propeller.com's Term and Conditions, please feel free to e-mail us at customerservice@Johnnys-propeller.com.

Johnnys-propeller.com does not sell products to unregistered users over the Internet. All users wishing to make a purchase must be registered with Johnnys-propeller.com. Users may only purchase via Johnnys-propeller.com's Website logged in under their own name. Registered users may not transfer their account to unregistered users without the expressed permission of Johnnys-propeller.com.

Copyright

The Website, Johnnys-propeller.com ("Website") is owned and operated by JOHNNY’S PROPELLER SHOP, INC. Unless otherwise specified, all materials ("Materials") on this site including site design, logos, icons, text, graphics, images and the assembly and arrangement thereof, are the sole property of JOHNNY’S PROPELLER SHOP, INC., Copyright © 2000-2005, ALL RIGHTS RESERVED, and are protected by copyright both nationally and internationally. The software used on the site is the sole property of JOHNNYS-PROPELLER.COM. Unauthorized use of these Materials may violate copyright, trademark, and other laws. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute or otherwise use the Materials in any way for any public or commercial purpose. The use of these Materials on any other website or in a network computer environment for any purpose is strictly prohibited.

By violating any of these terms and conditions, Your permission to use this Website automatically terminates.

Trademarks

JOHNNYS-PROPELLER.COM are registered trademarks of JOHNNYS-PROPELLER SHOP, INC.

Company's Liability

The Materials may contain inaccuracies or typographical errors. Due to varying screen settings and monitors, Johnnys-propeller.com does not guarantee that Your monitor will depict the exact shade of color of the merchandise You receive. Johnnys-propeller.com makes no representations about the accuracy, reliability, completeness or timeliness of the Materials and/or products offered for sale on the Website. The use of the Website and the Materials is at Your own risk. Changes will be made periodically to the Website.

JOHNNYS-PROPELLER.COM DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICE OR REPLACING EQUIPMENT OR DATA, JOHNNYS-PROPELLER.COM IS NOT RESPONSIBLE FOR THESE COSTS.

Warranties

JOHNNYS-PROPELLER.COM DOES NOT OFFER ANY WARRANTIES OF ITS OWN AND PROVIDES THE WEBSITE AND ITS CONTENTS (INCLUDING PRODUCTS) ON AN "AS IS" BASIS. JOHNNYS-PROPELLER.COM MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS AND/OR PRODUCTS OFFERED FOR SALE ON THE WEBSITE. JOHNNYS-PROPELLER.COM REPUDIATES ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, EXPRESS WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. JOHNNYS-PROPELLER.COM PRESENTS PRODUCT SPECIFICATIONS AS RECEIVED FROM MANUFACTURERS AND/OR DISTRIBUTORS. JOHNNYS-PROPELLER DOES NOT WARRANT EITHER EXPRESSLY OR IMPLIED, THAT THIS INFORMATION IS CORRECT OR RELIABLE. JOHNNYS-PROPELLER.COM OFFERS ITS "EXPLODED VIEWS" OF PRODUCTS AND ASSEMBLIES, ON AN INFORMATIONAL BASIS ONLY FOR IDENTIFYING SPARE PARTS TO FACILITATE ORDERING. JOHNNYS-PROPELLER.COM DOES NOT WARRANT EXPLODED VIEWS AS BEING CORRECT FOR INSTALLATION, MAINTENANCE, DISASSEMBLY OR ASSEMBLY PURPOSES. JOHNNYS-PROPELLER.COM DOES NOT ASSIST THE CUSTOMER IN PROCESSING MANUFACTURERS' WARRANTIES.

Disclaimer of Consequential Damages

IN NO EVENT SHALL JOHNNYS-PROPELLER.COM, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOHNNYS-PROPELLER.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

User Communications

Generally any communication (including without limitation, e-mail, telephone, fax, or written mail), which is sent to Johnnys-propeller.com, is considered to be non-confidential. By communicating with Johnnys-propeller.com You automatically grant Johnnys-propeller.com a royalty-free, perpetual non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display, the communication alone or as a part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

Links

The Website contains links to third party web sites. Johnnys-propeller.com provides these links to third party web sites, solely as a convenience to You and not as an endorsement. Johnnys-propeller.com is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If You decide to access linked third party web sites, You do so at Your own risk.

Conditions of Sale

Johnnys-propeller.com does not allow You to make purchase unless You have read and agreed to Johnnys-propeller.com's Terms and Conditions of Sale. You acknowledge that You have read, understood, and do accept Johnnys-propeller.com's Terms and Conditions of Sale by clicking in the "Process My Order" button, located at the bottom of the order summary page. The Customer agrees that orders submitted to Johnnys-propeller via the Internet, whether through the Website, or e-mail, constitute the signed writing of the Customer, fully effective and enforceable for all purposes, including but not limited to satisfaction of requirements of the Statute of Frauds.

The Customer's receipt of any form of order confirmation does not signify Johnnys-propeller.com's acceptance of the Customer's order, nor does it constitute confirmation of our offer to sell. We may require additional customer information before accepting any order. Johnnys-propeller.com reserves the right at any time after receipt of the Customer's order to accept or decline an order for any reason. Johnnys-propeller.com reserves the right at any time after receipt of an order, without prior notice to the Customer, to supply less than the quantity ordered of any item. If the Customer fails to make payment on an order, Johnnys-propeller.com retains the right to resell the products ordered.

Shipping charges may change depending upon available shipping methods and other circumstances. In such cases, you will be contacted for your prior approval before shipment occurs.

Products

Johnnys-propeller.com's policy is one of on-going product update and revision. Johnnys-propeller.com may at anytime discontinue, update, add or revise product offerings, including pricing and availability. JOHNNYS-PROPELLER.COM PRESENTS PRODUCT SPECIFICATIONS AS RECEIVED FROM MANUFACTURERS AND/OR DISTRIBUTORS. JOHNNYS-PROPELLER DOES NOT WARRANT THAT THIS INFORMATION IS CORRECT OR RELIABLE.

Customer Service and Support

Johnnys-propeller.com offers a toll free number and e-mail for Customer Service. Johnnys-propeller.com's Customer Service Representatives are available to assist You with questions and concerns. However, it is understood that they may not be able to answer every question or solve every problem.

Limitations of Liability

You agree that for any purchase of products, Johnnys-propeller.com is not liable or responsible for any amount of damages above the aggregate dollar amount paid by You for the purchase of the products under Johnnys-propeller.com's Terms and Conditions of Sale. All other claims arising from the use of the Materials on the Website are null and void.

Release

You, as a user, hereby forever release, waive, and discharge Johnnys-propeller.com from any and all claims, actions, causes of action, suits, debts, charges, complaints, liabilities, right to receive payment, promises, agreements, controversies, damages, and expenses (including attorneys' fees and other professional costs) of any nature whatsoever, whether in law or in equity, whether based in tort, contract, statute, ordinance, rule, regulation, or any other theory of law whatsoever, and whether known or unknown, contingent or liquidated, which it may have or that have been asserted or could be asserted which relate to, arise out of, or are in any way connected to the use of the Website.

Indemnity

You agree to defend, indemnify and hold harmless Johnnys-propeller.com, its parent company, its officers, directors, employees and agents from and against any claims, actions or demands including without limitation reasonable legal and accounting fees, alleging or resulting from Your use of the Website and the Materials or Your breach of the terms of this Agreement. Johnnys-propeller.com shall provide notice to You promptly of any such claim, suit or proceeding and shall assist You, at Your expense, in defending any such claim, suit or proceeding.

Export

The United States controls the export of products and information. You agree to comply with such restrictions and not export or re-export the Materials to countries or persons prohibited under the export control laws. By using the Website You are agreeing that You are not in a country where such export is prohibited or a person or entity to which such export is prohibited. You are responsible for compliance with the laws of Your local jurisdiction regarding import, export and re-export of products and information.

Arbitration

Except for the right of either party (Johnnys-propeller.com or the User) to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, the parties shall submit any dispute arising out of these Terms and Conditions of Sale to binding arbitration by a single arbitrator under the auspices of Judicial Dispute Resolution, Inc. ("JDR"), as follows. All hearings and proceedings held and all actions taken by the arbitrator shall take place in Morgan City, Louisiana. The fees and expenses of the arbitration shall be equally borne by the parties. The parties shall select a mutually acceptable arbitrator within ten (10) days of the date a written demand for arbitration is received by either party from the other. If the parties are unable to reach agreement on a mutually acceptable arbitrator within that ten (10) day period then: (I) the parties will request JDR to provide a panel of five (5) potential arbitrators, (II) each party will have the right to strike two (2) arbitrators from that panel, and (III) the remaining arbitrator will arbitrate the dispute. The decision shall be final and binding on all parties. Provided however, that prior to any arbitration, both parties agree to meet with a mediator, jointly selected by the parties, for at least four (4) hours, to attempt a resolution of their dispute. The cost of the mediator shall be shared equally.

General

Johnnys-propeller.com and its Website are located in Morgan City, Louisiana. Johnnys-propeller.com makes no claim that its products or materials are appropriate for use outside of the United States. If You access the Website from outside the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. This Agreement is governed by the internal laws of the State of Louisiana, without regard to conflicts of law or choice of law principles. If any provision of this Agreement is found by a court with competent jurisdiction to be invalid, the invalidity of such a provision shall not affect the validity of the remaining provisions of this Agreement. This Agreement constitutes the entire Agreement between You and Johnnys-propeller.com with respect to the use of the Website. Any changes to this Agreement must be made in writing, and signed by an authorized representative of Johnnys-propeller.com.

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Customer Service

2100 Duhon Blvd. Amelia, La 70340
tel: 985.384.6940 fax: 985.384.0332

1753 Grand Cailiou Rd. Houma, La 70363
tel: 985.868.5770 fax: 985.873.7116

info@johnnys-propeller.com

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