This Agreement contains the complete terms and conditions that apply to you becoming a Marine Service and Product Locator Member in BoatLiftandDock.com's Marine Service and Product Locator.

By submitting the online application, you agree that you have read and understand the terms and conditions of the BoatLiftandDock.com Marine Service and Product Locator Agreement ("Agreement"). You agree to be legally responsible for all terms and conditions contained in the Agreement if BoatLiftandDock.com approves your application to be an Service Member.

BoatLiftandDock.com Marine Service and Product Locator Agreement

This Agreement is binding between you (“Marine Service and Product Locator Member”) and Lakefront Fix, Inc. (“BoatLiftandDock.com”).

Throughout this Agreement, "we," "us," and "our" refer to Lakefront Fix, Inc. and/or BoatLiftandDock.com, and "you," "your," and "yours" refer to Marine Service and Product Locator Member.

The purpose of this Agreement is to provide industry networking to each Marine Service and Product Locator Member through web hosting or web page linking (Listing).

1. Marine Service and Product Locator Member Rights and Obligations

1.1. To become an Marine Service and Product Locator Member of BoatLiftandDock.com, you will purchase a one 1 year membership for the BoatLiftandDock.com Marine Service and Product Locator found at http://www.boatliftanddock.com/p-925-locator-sign-up.aspx. You will then need to complete a single page application about your business and agree to the terms. Our Advertising Director will process your application and approve it or contact you for additional information necessary for approval. We may reject your application at our sole discretion. You are not a Marine Service and Product Locator Member, and no contract exists, until you are notified by us, in writing, that your Marine Service and Product Locator Application has been approved and payment is received.

1.2. You may not create or design a website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are BoatLiftandDock.com or any other Marine Service and Product Locator Member.

1.3. BoatLiftandDock.com reserves the right to cancel your listing without notice if we determine that your site is unsuitable for our Marine Service and Product Locator, including if it:

1.3.1. Promotes sexually explicit materials

1.3.2. Promotes violence

1.3.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

1.3.4. Promotes illegal activities

1.3.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law

1.3.6. Includes “Boat Lift and Dock” or variations or misspellings thereof in its domain name

1.3.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us at our discretion.

1.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

1.5. It is entirely your responsibility to follow all applicable intellectual property and other laws pertaining to your own web site that is not created and hosted by BoatLiftandDock.com. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.

2. BoatLiftandDock.com Rights and Obligations

2.1. BoatLiftandDock.com will list each Marine Service and Product Locator Member on our web page’s Marine Service and Product Locator. Additionally, depending upon your individual need, we can create, host and/or link your existing web page to our page.

2.2. BoatLiftandDock.com reserves the right to terminate this Agreement and your participation in the BoatLiftandDock.com Marine Service and Product Locator immediately and without notice to you should you commit fraud in your use of the BoatLiftandDock.com Marine Service and Product Locator or should you abuse this program in any way. If such fraud or abuse is detected, BoatLiftandDock.com shall not be liable to you or to any other Marine Service and Product Locator Member for any fraudulent sales or for any damage caused by or to another Marine Service and Product Locator Member.

2.3. This Agreement will be effective upon notice to you, in writing, of acceptance of your Marine Service and Product Locator Application, and will continue unless terminated hereunder.

3. Term and Termination of Agreement

The Term of this Agreement is for one (1) year from the date your Listing is posted on our web page. The Agreement will automatically continue from year-to-year thereafter unless cancelled by either of us in writing no later than thirty (30) days before the end of the original term or any renewal term.

4. Modification

The terms and conditions of this Agreement may be modified at any time provided modifications are accepted by both parties in writing.

5. Payment

5.1 Payment in full must be received prior to start of Listing.

5.2 You authorize us to confirm your credit record, and to report your payment performance under this Agreement to the credit agencies and credit reporting services. If you fail to make any payment when due, we may discontinue your listing, hosting or linking, terminate this agreement and recover all damages to which we are entitled, including the value of the work performed in creating a web page and accelerated contract amount. In addition we may impose a late charge on all payments more than ten (10) days past due in the maximum amount permitted by state law.

6. Disclaimer

BOATLIFTANDDOCK.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BOATLIFTANDDOCK.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BOATLIFTANDDOCK.COM’S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

7. Representations and Warranties

You represent and warrant that:

7.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

7.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

7.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

8. Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL BOATLIFTANDDOCK.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL ANNUAL FEE PAID BY YOU UNDER THIS AGREEMENT.

9. Indemnification

You hereby agree to indemnify and hold harmless BoatLiftandDock.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Marine Service and Product Locator Member’s trademarks or trade dress infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

10. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

11. Independent Contractor

11.1 It is understood and agreed that Marine Service and Product Locator Member is an independent contractor engaged in its own business and nothing within this Agreement shall be construed as creating an employer/employee relationship, partnership, joint venture, or other business group or concerted action between Marine Service and Product Locator Member and BoatLiftandDock.com. Marine Service and Product Locator Members shall supervise the performance of its own services and shall have control of the manner and means by which its services are performed, subject to compliance with this Agreement.

11.2. Marine Service and Product Locator Member has no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on our web site or your own web site, that reasonably would contradict anything in this Section.

12. Miscellaneous

12.1. Marine Service and Product Locator Member may not assign its rights or obligations under this Agreement to any party.

12.2. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Michigan without regard to the conflicts of laws and principles thereof.

12.3 Any dispute arising in connection with the terms and conditions of this Agreement shall be submitted to, and finally determined by, arbitration conducted in Allegan County, Michigan, in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules.

12.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

12.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

12.6. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.