WEBSITE TERMS OF SERVICE

  1. TERMS OF USE

These Website Terms of Use (these “Terms”) form a legally binding agreement between you, the user of this website (the “Site”) (“you” or “your”) and Nautique Boat Company, Inc. (“Nautique,” “we,” “us,” and “our”) (each, a “Party” and collectively, the “Parties”). You affirm that you are over the legal age of majority and are fully able and competent to enter into these terms.

BY CLICKING ON ANY “ACCEPT,” “AGREE,” OR SIMILARLY WORDED CHECKBOX OR BUTTON, BROWSING THE SITE, OR SUBMITTING ANY INFORMATION TO US, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

  1. MODIFICATIONS

We reserve the right to modify the Site and the rules and regulations governing its use at any time, including, without limitation, these Terms. Modifications will be posted on the Site and the “Last Updated” date at the bottom of this webpage will be revised. We will provide written notice of any material modification to the Terms either through notice on the Site or by other contact methods we have on file.  You understand and agree that if you use the Site after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms. We may make changes in the services described in the Site at any time without prior notice to you. Please consult these Terms regularly.

  1. SCOPE OF USE

Nautique provides the Site to you for your informational, noncommercial use, and subject to the following Terms. Using the Site to evaluate whether to enter into a business relationship with us will not constitute commercial use for the purposes hereof. It is a violation of these Terms for you to use the Site in violation of any applicable laws and regulations or in violation of the rules of any of our service providers. Subject to your compliance with these Terms and all applicable international, federal, state, and local laws, rules, and regulations, we grant you a limited, revocable, nonexclusive, non-sublicensable, non-transferable, license to use the Site solely for your informational and noncommercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.

  1. ACCESS TO THIS SITE

Any and all access to the Site and any of the resources contained on the Site, is provided to you at Nautique’s sole discretion.  If you use any of our services or provide us with any information through the Site, such as your name, phone number, email address, and other message and contact details, you agree to provide correct, current, and complete information. If you provide any information that is untrue, inaccurate, non-current, or incomplete, or Nautique believes the information you provide is untrue, inaccurate, non-current, or incomplete, Nautique has the right to terminate, suspend, or refuse any and all current or future access or use of the Site or any of its resources (or any portion thereof).

We reserve the right to take any action that we deem necessary to ensure the security of the Site. You agree that Nautique shall not be liable to you or any third party for any termination of your access to the Site. Nautique reserves the right to modify, update, suspend, discontinue, or restrict the use of or access to the Site (or any portion of the Site) at any time and without notice or liability.

You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software, and communication lines required to access and use the Site, and we reserve the right to change the access configuration of the Site at any time without prior notice.

  1. RESTRICTIONS ON USE

You may use the Site only for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without Nautique’s express prior written consent. Any consent provided to you is not transferable. You will not, nor will you permit any third party to, take any of the following actions with respect to the Site or the server hosting the Site: (i) attempt to gain unauthorized access to any part of the Site or any material made available through the Site, such as photographs, software, text, graphics, and images (collectively, the “Content”) that we do not intend to make accessible to you; (ii) decompile, reverse engineer, disassemble, or otherwise attempt to derive the Site’s source code; (iii) frame or mirror the Site; (iv) use any robot, spider, scraper, or other automatic or manual means to access the Site or copy the Content; (v) remove, obscure, or alter any of our proprietary notices (including any notice of copyright or trademark) or the proprietary notices of our affiliates, partners, suppliers, or licensors; (vi) modify, adapt, improve, enhance, or make any derivative work from the Site; (vii) disable, overburden, impair, or otherwise interfere with or interrupt the Site or any infrastructure used to support or deliver the Site; (viii) probe, scan, or test the vulnerability of or breach or circumvent the authentication measures of the Site or any related networks or systems; (ix) use the Site or Content to engage in any fraudulent or criminal activity, or otherwise use the Site or any Content for illegal purposes; or (x) interfere with any other party’s use and enjoyment of the Site; (xi) cobrand the Site; or (xii) hyper-link to the Site, without the express prior written permission of an authorized representative of Nautique. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with Nautique in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. Use of the Site is limited to persons eighteen (18) years of age or older.

  1. PRIVACY POLICY

Nautique has a Privacy Policy (https://nautique.com/legal/privacy-policy) that applies to the Site. It contains information on how Nautique collects, uses, and shares information about you. Our Privacy Policy is hereby incorporated as a part of these Terms.

  1. MSRP AND PRODUCTS

All prices found on the Site are based on standard MSRP in U.S. dollars and do not include freight, dealer prep, or international cost factors. Prices, materials, standard equipment and options are subject to change without notice.

The Nautique boats featured throughout this Site are Nautique models. Please see your nearest Nautique dealer for complete details concerning available options.

In keeping with our commitment to ongoing quality, Nautique reserves the right to discontinue or modify boat specifications, such as models or colors, equipment, and/or prices without any notice or obligation.

  1. INTELLECTUAL PROPERTY

The Content may be owned by us or third parties. The Content provided through the Site is protected under both United States and foreign laws, including, but not limited to, copyright and trademark laws, and unauthorized use of the Content may violate such laws.

©2025 Nautique Boat Company, Inc. (“Nautique”). All Rights Reserved. You may view all Content for your own informational, non-commercial use, and no other use is permitted without the prior written consent of Nautique. Nautique and its licensors retain all rights, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. We reserve the right to remove Content from the Site at any time for any reason without any notice to you.

The trademarks, service marks, and logos of Nautique (the “Nautique Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Nautique. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Nautique Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Nautique Trademarks inures to our benefit.

Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

  1. HYPER-LINKS

The Site may be hyper-linked to third-party websites that are not maintained by, or related to, Nautique. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with the Site or Nautique. Nautique has not reviewed any or all of such websites and is not responsible for the content of those websites. Nautique has no control over, and assumes no responsibility for, the content, privacy policies, or practices of third-party websites. Hyper-links are to be accessed at the user’s own risk, and Nautique makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the websites hyper-linked to this website. Further, the inclusion of any hyper-link to a third-party website does not necessarily imply endorsement by Nautique of that website.

  1. USER CONTRIBUTIONS

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contributions you post to the Site will be considered non-confidential and non-proprietary. By providing User Contributions on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a royalty-free, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. Nautique shall have the right, without payment to you, to incorporate any User Contributions in other works in any form, media, or technology now known or later developed. Nautique will not incur any liability as a result of any similarities that may appear between User Contributions and future Nautique operations, marketing, or advertising. Nautique will not be required to treat any User Contributions as confidential and may use any User Contributions in its business (including without limitation, for products or advertising) without incurring any liability for royalties, or any other consideration of any kind, and Nautique will not incur any liability as a result of any similarities that may appear in future Nautique operations, marketing or advertising.

You represent and warrant that:

  • You own and control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Nautique, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible for or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

  1. CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, you may not post, send, submit, publish, or transmit in connection with the Site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
    is vulgar, hateful, inflammatory, obscene, pornographic, indecent, or otherwise objectionable;
  • does not pertain directly to the Site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is abusive, harassing, threatening or offensive, or promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other rights of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • gives the impression that it emanates from or is endorsed by us or any other person or entity, if that is not the case;
  • violates any law or may be considered to violate any law or contain any material that may be in conflict with these Terms and our Privacy Policy;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
  • includes MP3 format files;
  • amounts to a ‘pyramid’ or similar scheme;
  • is likely to deceive any person;
  • causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
  • disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site; or
  • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Notwithstanding our right to monitor use of the Site as outlined in Section 11, you remain solely responsible for your User Contributions. You acknowledge and agree that neither Nautique nor any third party that provides Content to Nautique will assume or have any liability for any action or inaction by Nautique or such third party with respect to any submission.

  1. RULES FOR SWEEPSTAKES, CONTESTS, SURVEYS, AND SIMILAR PROMOTIONS

Any sweepstakes, events, contests, raffles, surveys or other similar promotions (collectively, “Promotions”) which may be made available through the Site will be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those separate rules. Nautique urges you to read the applicable rules, which are linked from the particular Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with any such Promotions.

  1. DISCLAIMER

You understand that Nautique cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses or other code that may manifest contaminating or destructive properties. You acknowledge and agree that you are solely responsible for implementing procedures sufficient to meet your requirements for data accuracy and for maintaining external means for the reconstruction of any lost data. Nautique does not assume any responsibility or risk for your use of the Internet or the Site.

The Content and Site is intended for informational purposes only.  All information provided is subject to change. While Nautique makes reasonable efforts to ensure the accuracy of the information on the Site, it is not possible to guarantee its completeness or timeliness. Nautique assumes no responsibility or liability for any actions taken as a result of using the Site, or for any errors or omissions in the Content of the Site.  Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using the Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NAUTIQUE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NAUTIQUE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NAUTIQUE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NAUTIQUE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. NAUTIQUE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. EXCEPT AS EXPRESSLY SET FORTH IN THE LIMITATION OF LIABILITY SECTION BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

  1. LIMITATION ON LIABILITY

YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, SERVICES AND/OR PRODUCTS WE HAVE PROVIDED TO YOU ON OR THROUGH THE SITE, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITE; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO YOUR OR ANY OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THE SITE; OR (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE; OR (3) VIRUSES.

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE SITE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TEN UNITED STATES DOLLARS ($10.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

  1. INDEMNITY

You will indemnify Nautique, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”), and hold harmless the Indemnified Parties, from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, due to, relating to, or arising out of: (i) your use of the Site and Content; (ii) your violation of these Terms; (iii) your negligence, fraud, or willful misconduct; and/or (iv) your violation of any law or regulation or any third party’s rights. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.

  1. SECURITY

Nautique has appropriate safeguards in place to ensure integrity and security. You acknowledge and agree that any passwords you use for the Site are for individual use only. You will be responsible for the security of your password (if any). Nautique reserves the right to monitor your password and, at its discretion, require you to change it. If you use a password that Nautique considers insecure, Nautique reserves the right to require the password to be changed and/or terminate your account. Nautique shall not have any obligation to monitor your password. If you become involved in any violation of system security, Nautique reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Nautique reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Nautique to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCESSING THE SITE, YOU WAIVE AND HOLD HARMLESS NAUTIQUE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NAUTIQUE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NAUTIQUE OR LAW ENFORCEMENT AUTHORITIES.

  1. RIGHT TO MONITOR; ENFORCEMENT AND TERMINATION

We reserve the right to actively monitor the use of the Site and use any information gathered during such monitoring for any permissible purpose under the Privacy Policy.

We have the right to:

  • Remove or refuse to post any materials or User Contributions from the Site that, in our sole discretion, may be illegal, or are, in our sole discretion, inconsistent with our purpose for the Site.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us.
  • Disclose your identity or other information about you to any third party who claims that User Contributions posted by you violate their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

However, we cannot review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described herein.

  1. WARRANTY TRANSFERS: PRIVATE PARTY SALES AND DEALERSHIP TRANSACTIONS

Certain affiliated brands owned and operated by Nautique or our affiliated entities may offer product-specific warranty transfer programs. Warranty transfer programs are subject to additional terms and conditions provided on the Site at the time of the transfer process. 

  1. ELECTRONIC COMMUNICATIONS AND NOTICE

When you visit the Site, send emails to us, submit information through web forms provided on the Site, or submit User Contributions, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email at the address we have on file for you (if any) or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.

  1. USE OUTSIDE OF THE UNITED STATES

The Site is operated by us from our offices within the United States of America. We make no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

  1. TIME LIMIT ON CLAIMS AGAINST US

You agree that any claim you may have arising out of or related to your use of the Site or your relationship with us must be filed within one (1) year after the date such claim arose; otherwise, your claim is permanently barred.

  1. SEVERABILITY AND WAIVER

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.

  1. ASSIGNMENT

We may assign these Terms or any part of them without restriction or condition. You may not assign or otherwise transfer these Terms or your rights under these Terms without our prior written consent and any assignment in violation of this prohibition will be null and void.

  1. MISCELLANEOUS

These Terms will be construed, performed, governed, and interpreted pursuant to the laws of Florida, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to the jurisdiction of Florida courts and federal courts located in Florida in connection with any dispute between you and Nautique arising out of these Terms or pertaining to your use of the Site. You also agree that the exclusive venue for any dispute arising out of these Terms or pertaining to the subject matter of these Terms shall be Orange County, Florida. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement among the parties relating to this subject matter.

LAST UPDATED: June 2025

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