Terms of Use
and
Waiver of Liability


Mark Our Spot™ offers this site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (the "Web site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Mark Our Spot™ and L.A.S., Inc. reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.

Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by Mark Our Spot™.

The term 'Mark Our Spot™ or L.A.S., Inc. or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:
Use the website at your own risk. This website is provided to you "as is," without warranty of any kind either express or implied. Neither Generic Website nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of Mark Our Spot™. We reserve the right to change or discontinue at any time any aspect or feature of the Web site.

Website, images and associated files © 2018 Mark Our Spot™ L.A.S., Inc., Smithtown, NY 11787. All rights reserved. Mark Our Spot™ and product names, as indicated, are trademarks or registered trademarks of LAS, Inc. in the United States and in other countries. Other product names are the trademarks or registered trademarks of their respective owners.- All rights reserved.

Exclusion of Liability

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Indemnification

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Copyright

Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner.

None of the material contained on Mark Our Spot™, may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Mark Our Spot™. Violation of this provision may result in severe civil and criminal penalties.

Waiver of Liability

I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING, SWIMMING, SCUBA DIVING, SURFING, WINDSURFING, HIKING, CAMPING, FISHING, HUNTING, SPORTS, CYCLING ON OR OFF ROAD, MOTORCROSS, HORSEBACK RIDING, PICNICS, TAILGATING, BBQING, GOING TO THE PARK, SPORTING EVENTS, PARTIES AND CONCERTS including but not limited to equipment failure, acts of other participants, adverse sea and weather conditions, and I HEREBY ASSUME SUCH RISKS, including but not limited to accidents, violence, equipment failure, perils of the water, terrain, sharing the road with vehicles, sports, crowds, acts of other participants, and adverse conditions, and I HEREBY ASSUME SUCH RISKS.

I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY, MY FAMILY, MY FRIENDS AND THOSE AROUND ME AND I AGREE TO DO SO. I assert that I am physically fit to participate in sports, activities and events listed above.

I will not hold Mark Our Spot™ and/or L.A.S., Inc. or their employees, agents or other associated personnel responsible if I am injured as a result of ANY problems (medical, accidental or otherwise) which occur while using Mark Our Spot™ or otherwise participating in any activity. I fully understand that boating vessels and other indoor and outdoor activity locations have limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and/or cell phone and treatment will be delayed until I can be transported to a proper medical facility.

I agree in advance to these conditions. Mark Our Spot™ and L.A.S., Inc. have made no representations to me, implied or otherwise, including Mark Our Spot™ is fit for your specific use. I agree to forever discharge and release Mark Our Spot™ and L.A.S., Inc., its employees and agents, owner(s) and affiliates, from any and all responsibility or liability for any and all injuries or damages. I agree NOT to make a claim against or sue any of the above parties for injuries or damages whether they arise or result from any NEGLIGENCE or other liability, EVEN IN CASES OF GROSS NEGLIGENCE.

I further specifically agree, on behalf of myself, my heirs and assigns, to indemnify and hold harmless the released parties for any and all causes of action arising as a consequence of any incidents which might occur as a consequence of my participation in any activities with or involving the released parties. I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT, FROM THE DATE OF MY PURCHASE, FOREVER INTO THE FUTURE.

Privacy Policy

What is Mark Our Spot’s™  Privacy Policy and Practices?

Mark Our Spot™ respects the privacy needs and concerns of our customers. This Privacy Policy is to inform you about what kinds of information we collect about you, how we use it, with whom it is shared and the choices you have regarding our use of that information. By accessing or using this Website, you consent to our Privacy Policy. Mark Our Spot™ may modify this Privacy Policy at any time without notice, effective upon its posting to its Website. Your continued use of the Website constitutes your acceptance to this Privacy Policy and any updates. You agree to review this Privacy Policy regularly so that you understand our current Privacy Policy.

We will not obtain personally identifying information about you except as described in this Privacy Policy or if you otherwise choose to provide such information to us voluntarily, whether through online, mail order or other promotional activities.

Although this Privacy Policy may seem long, it explains the details of our data collection and use of your information because we believe you should know as much as possible about our practices to make informed decisions. Because our customers are of vital importance to us, we do not participate in bulk email solicitations which you have not consented to receiving (i.e., "spam").

Collection of Your Information

Instances where personally identifiable information may be gathered include registrations (for example, registration on our website, in our marketing program or in contests or sweepstakes), and purchases made on our website or by mail order. The types of personally identifying information we collect may include contact information (e.g., name, postal address, email address and phone number), credit card and ID verification information (such as credit card number and diver's license number, where permitted by applicable law), information about your boat or boating preferences, as well as other relevant information.

When you visit us online, we also may collect certain non-personally identifiable information, such as the type of browser you are using, the domain name of your Internet service provider, which of our pages you access, how long you spend on each page, and aggregate data about the number of visits you make and the products and services in which you are interested. The information we learn from you during your visit helps us to improve our site, respond to your requests and customize your shopping experience with Mark Our Spot.

Use of Your Information

We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. We use the personally identifiable information you provide to respond to any of your questions about our products and services, and for a variety of marketing and promotional purposes.

Also, we employ other companies and individuals to perform functions on our behalf. Examples include website hosting and development, fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, and processing credit card payments. They have access to personal information needed only to perform their functions. We require companies with whom we contract for outsourced services to keep data received from us confidential and to use it only for the purposes indicated.

We may, from time to time, supplement the information we collect with outside records to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you.

Also, we may release personally identifying information when we believe release is appropriate to comply with law or legal process (e.g., in response to a court order, subpoena or a law enforcement agency's request) or to protect the rights or property of Mark Our Spot, westmarine.com, our users, our marketing partners or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. In addition, in the event that all or substantially all of Mark Our Spot’s™  stock and/or assets are transferred or sold to another entity, we may transfer personally identifiable information to the acquiring entity.

Mark Our Spot™ Personal Data both as a Processor and as a Controller, as defined in the Directive and the GDPR:

Mark Our Spot™ entity which you as User entered an agreement with when using Mark Our Spot™ platform, will be the Controller for User Data, as outlined above in "Collection of User data" section.

For Respondent, data as outlined in the Collection of Respondent data" section the User will be the Controller in accordance with Directive and GDPR, and Mark Our Spot™ will be the Processor.

Mark Our Spot™ adheres to the Directive of 1995 and the GDPR from May 25, 2018. Mark Our Spot™ processes all data provided by its Users with accounts in its European Data Region, in the European Economic Area (EEA) through these third-party vendors PayPal, Amazon Web Services, Reach Mail, Name Cheap, and GoDaddy. Each vendor independently is responsible for abiding by the GDPR initiatives, including complying with the obligations in Articles 32 to 36 of the GDPR.

All data collected by Mark Our Spot™ Users goes through PayPal, Amazon Web Services (10minutefunnels.com), Reach Mail, Name Cheap, and GoDaddy and will be stored exclusively in secure hosting facilities provided by these firms. Mark Our Spot™ uses these IT vendors to ensure compliance with the Directive. All hosting is performed in accordance with the highest security regulations. All transfers of data internally in the EEA is done in accordance with this TOS data processing agreements.

International Privacy Laws

If you are visiting our website from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. That information may then be transferred within the United States where our Servers are located. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These Countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Data will at all times continue to be governed by this Privacy Policy.

EU - US Privacy Shield

For Personal Data we receive from the EEA, Mark Our Spot™ has self-certified its compliance to the EU-US Privacy Shield standard as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from European Union countries. We have self-certified that we adhere to the Privacy Shield principles of Notice, Choice, Accountability for Onward Transfers, Security, Data Integrity & Purpose Limitation, Access and Recourse, Enforcement & Liability when processing Personal Data from the EEA in the United States.



Privacy Policy (continued)

Data protection policy

Mark Our Spot™ needs to gather and use certain information about individuals. These can include customers, suppliers, business contacts, employees and other people the organization has a relationship with or may need
to contact.

This policy describes how this personal data must be collected, handled and stored to meet the company’s data protection standards — and to comply with the law.

Why this policy exists

This data protection policy ensures Mark Our Spot™

• Complies with data protection law and follow good practice
• Protects the rights of staff, customers and partners
• Is open about how it stores and processes individuals’ data
• Protects itself from the risks of a data breach

Data protection law

The Data Protection Act 1998 describes how organizations — including Mark Our Spot™ - must collect, handle and store personal information.
These rules apply regardless of whether data is stored electronically, on paper or on other materials.

To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.
The Data Protection Act is underpinned by eight important principles.

These say that personal data must:
Be processed fairly and lawfully
Be obtained only for specific, lawful purposes
Be adequate, relevant and not excessive
Be accurate and kept up to date
Not be held for any longer than necessary
Processed in accordance with the rights of data subjects
Be protected in appropriate ways
People, risks and responsibilities Policy scope

This policy applies to:
• The head office of Mark Our Spot™
• All branches of Mark Our Spot™
• All staff and volunteers of Mark Our Spot™
• All contractors, suppliers and other people working on behalf of Mark Our Spot™

It applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside of the Data Protection Act 1998. This can include:
• Names of individuals
• Postal addresses
• Email addresses
• Telephone numbers
• …plus any other information relating to individuals

Data protection risks

This policy helps to protect Mark Our Spot™ from some very real data security risks, including:
• Breaches of confidentiality. For instance, information being given out inappropriately.
• Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.
• Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.

Responsibilities

Everyone who works for or with Mark Our Spot™ has some responsibility for ensuring data is collected, stored and handled appropriately.

Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles.

However, these people have key areas of responsibility:
• The board of directors is ultimately responsible for ensuring that Mark Our Spot™ meets its legal obligations.

• Director of IT, is responsible for:
o Keeping the board updated about data protection responsibilities, risks and issues.
o Reviewing all data protection procedures and related policies, in line with an agreed schedule.
o Arranging data protection training and advice for the people covered by this policy.
o Handling data protection questions from staff and anyone else covered by this policy.
o Dealing with requests from individuals to see the data Mark Our Spot™ holds about them (also called ‘subject access requests’).
o Checking and approving any contracts or agreements with third parties that may handle the company’s sensitive data.
o Ensuring all systems, services and equipment used for storing data meet acceptable security standards.
o Performing regular checks and scans to ensure security hardware and software is functioning properly.
Evaluating any third-party services the company is considering using to store or process data.

For instance, cloud computing services:
o Approving any data protection statements attached to communications such as emails and letters.
o Addressing any data protection queries from journalists or media outlets like newspapers.
o Where necessary, working with other staff to ensure marketing initiatives abide by data protection principles.

General staff guidelines

• The only people able to access data covered by this policy should be those who need it for their work.
• Data should not be shared informally. When access to confidential information is required, employees can request it from their line managers.
• Mark Our Spot™ will provide training to all employees to help them understand their responsibilities when handling data.
• Employees should keep all data secure, by taking sensible precautions and following the guidelines below.
• In particular, strong passwords must be used and they should never be shared.
• Personal data should not be disclosed to unauthorized people, either within the company or externally.
• Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.
• Employees should request help from their line manager or the data protection officer if they are unsure about any aspect of data protection.

Data storage

These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the IT manager or data controller.

When data is stored on paper, it should be kept in a secure place where unauthorized people cannot see it.

These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:
• When not required, the paper or files should be kept in a locked drawer or filing cabinet.
• Employees should make sure paper and printouts are not left where unauthorized people could see them, like on a printer.
• Data printouts should be shredded and disposed of securely when no longer required.

When data is stored electronically, it must be protected from unauthorized access, accidental deletion and malicious hacking attempts:
• Data should be protected by strong passwords that are changed regularly and never shared between employees.
• If data is stored on removable media (like a CD or DVD), these should be kept locked away securely when not being used.
• Data should only be stored on designated drives and servers and should only be uploaded to an approved cloud computing services.
• Servers containing personal data should be sited in a secure location, away from general office space.
• Data should be backed up frequently. Those backups should be tested regularly, in line with the company’s standard backup procedures.
• Data should never be saved directly to laptops or other mobile devices like tablets or smart phones.
• All servers and computers containing data should be protected by approved security software and a firewall.

Data use Personal data is of no value to Mark Our Spot™ unless the business can make use of it. However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft:
• When working with personal data, employees should ensure the screens of their computers are always locked when left unattended.
• Personal data should not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure.
• Data must be encrypted before being transferred electronically through PayPal. The IT manager can explain how to send data to authorized external contacts.
• Notice is being given that Personal data will be transferred outside of the European Economic Area.
• Employees should not save copies of personal data to their own computers. Always access and update the central copy of any data.

Data accuracy

The law requires Mark Our Spot™ to take reasonable steps to ensure data is kept accurate and up to date.
The more important it is that the personal data is accurate, the greater the effort Mark Our Spot™ should put into ensuring its accuracy.

It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible.

• Data will be held in as few places as necessary. Staff should not create any unnecessary additional data sets.
• Staff should take every opportunity to ensure data is updated. For instance, by confirming a customer’s details when they call.
• Mark Our Spot™ will make it easy for data subjects to update the information Mark Our Spot™ holds about them. For instance, via the company website.
• Data should be updated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database.
• It is the marketing manager’s responsibility to ensure marketing databases are checked against industry suppression files every six months.

Subject access requests

All individuals who are the subject of personal data held by Mark Our Spot™ are entitled to:
• Ask what information the company holds about them and why.
• Ask how to gain access to it.
• Be informed how to keep it up to date.
• Be informed how the company is meeting its data protection obligations.

If an individual contacts the company requesting this information, this is called a subject access request.

Subject access requests from individuals should be made by email, addressed to the data controller at Supoort@MarkOurSpot.com. The data controller can supply a standard request form, although individuals do not have to use this.

Individuals will be charged $10.00 per subject access request. The data controller will aim to provide the relevant data within 14 business days.

The data controller will always verify the identity of anyone making a subject access request before handing over any information.

Disclosing data for other reasons

In certain circumstances, the Data Protection Act allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.

Under these circumstances, Mark Our Spot™ will disclose requested data. However, the data controller will ensure the request is legitimate, seeking assistance from the board and from the company’s legal advisers where necessary.

Providing information

Mark Our Spot™ aims to ensure that individuals are aware that their data is being processed, and that they understand:
• How the data is being used
• How to exercise their rights

To these ends, the company has a privacy statement, setting out how data relating to individuals is used by the company and is located on this page.


Opt-Out

Please note that this Privacy Policy applies both to our collection and use of your personally identifiable information on-line (i.e., through our website) as well as offline (i.e., through our, mail order or other promotional activities). You can request access to information that Mark Our Spot™ has about you. Correct any information that Mark Our Spot™ has about you. The methods for opting out of receiving promotional materials from us differs for e-mail and postal mailings. If you do not wish to receive special offers and promotional information email from us, please let us know. Note, opting out of receiving promotional materials by e-mail may not affect your receipt of materials by mail. If you do not wish to receive emails or promotional mailings, or if you do not wish for us to share your personal information with third parties who use your information for marketing purposes, please let us know by writing to us at Mark Our Spot, L.A.S. Inc., 34 East Main Street #213, Smithtown, NY 11787 or email us at Support@MarkOurSpot.com.

We will take all reasonable efforts to delete your personal information from our database as soon as reasonably possible. Please note that even if you chose to opt out of marketing communications, we will continue to send you important service-related communications (e.g., order confirmation or product safety information). However, these are not promotional in nature. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.

Protection of Children's Personal Information

Mark Our Spot™ is concerned about protecting the safety and privacy of children. We do not knowingly or specifically request or collect personally identifiable information from or about children and do not market specifically to children. We do, however, sell children's products for purchase by adults.

Cookies

Cookies are pieces of data your web browser stores on your hard drive. We use cookies so we can recognize you when you pay a repeat visit to our website. Cookies let us personalize your shopping experience based on your preferences. We also offer certain features that are only available through the use of a "cookie." Cookies can also help us provide information which is targeted to your interests. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our site and you will not be able to submit an order online. Please be aware that if you link to another site from the Mark Our Spot™ website, you may encounter "cookies" or other similar devices placed by third parties. We do not control the use of cookies by third parties.

Security

Mark Our Spot™ uses the best security available for on-line purchasing. Your privacy and security are very important to us. When you click the "Add to Shopping Cart" button, Mark Our Spot™ automatically checks to see that you have a secure connection. Mark Our Spot™ uses Secure Sockets Layer (SSL), an encryption technology that works with the following supported browsers: Mozilla Firefox, Google Chrome, Microsoft Internet Explorer, and Apple Safari.
If your browser does not support SSL, you will need to upgrade to a newer version of a supported browser in order to perform an on-line purchase. Alternatively, you may mail or phone in your order.

As part of Mark Our Spot’s™  privacy and security practices, we do not store your credit card number in your membership file or order history. We kindly request that you validate your credit card number each time you make a secure transaction through Mark Our Spot’s™  website.
Other Legal Notices

Our Privacy Policy applies only to Mark Our Spot™ and not to other companies' or organizations' sites to which we link or to which you otherwise provide your information. Accessing third party websites or sources requires you to leave our website. We do not control those third-party websites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party websites, including, without limitation, their content, policies, failures, promotions, products, services on or actions of those websites and/or any damages, losses, failures or problems caused by, related to or arising from those websites. Mark Our Spot™ encourages you to review all policies, rules, terms and regulations, including the privacy policies, of each website that you visit.

Mark Our Spot™ reserves the right to change this Privacy Policy at any time. We may change this Privacy Policy from time to time based on your comment, changes in the law and our need to accurately reflect our data collection and disclosure practices. If we make such a change, we will post a notice on our website, at which time you will be able to "opt out" of these new practices by contacting us. If you are concerned about how your information is used, please check our website periodically to review our current Privacy Policy. Also your continued viewing of or use of our website and your continued transaction of business with Mark Our Spot™ following the posting of any changes to this Privacy Policy will signify your assent to any such changes or amendments. This Privacy Policy is not intended to and does not create any contractual or other legal rights in or on behalf of any party.

Mark Our Spot™ is committed to treating your personal information in a confidential manner. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and maintain data security, and correctly use the information we collect.