Basin Marine, Inc. Disclaimers

Disclaimer of any and all Basin Marine, Inc. Website(s).

Basin Marine, Inc.’s Website and any and all content, information, software, functions and applets provided on or through the Website (the “Website”) are made available only on an “as is” and “as available” basis.

By using the Website, you agree that Basin Marine, Inc. has and does not warrant that the Website or any content or services provided in connection with the Website, including the Website, will be timely, secure, uninterrupted, accurate or error-free, or that any defects in the Website or in any content or services provided through the Website, including the Website, as may exist from time to time, will be corrected.

You also agree that Basin Marine, Inc. will not be responsible for errors, inaccuracies, omissions, interruptions, deletions, defects or delays in the operation of or transmission of data through the Website, any services, including the Website, or related content, including those due to communication line failures, or computer viruses associated with the operation of the Website, even if such are claimed to have been caused solely or partially by Basin Marine, Inc.’s negligence.

YOU ALSO AGREE THAT BASIN MARINE, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE OR ANY INFORMATION ON THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE TO USE THE WEBSITE AT YOUR SOLE RISK.

Limitation of Liability

By using the Website, you agree that Basin Marine, Inc., its affiliates or subsidiaries, and their officers, directors, employees, agents, successors, or assigns, will and cannot be held liable to you or any third party for any indirect, consequential, incidental, exemplary, special or punitive damages (including without limitation, property damage, death, personal injury or damages resulting from inaccuracies or lost data, lost profits, or costs of procurement of substitute products or services) arising out of or in connection with the Website.

You expressly agree that in no event will any liability of Basin Marine, Inc. or its officers, directors, employees, agents, successors, or assigns, under any theory of liability (whether in contract, tort, strict liability, or otherwise) exceed $100, regardless whether such parties have been advised of the possibility of such damages, or whether such damages are caused by the sole or partial negligence of Basin Marine, Inc.

Use of Electronic Communication

By using the Website, you also agree that any and all notices, disclosures and communications regarding the Website between you and Basin Marine, Inc., including this Agreement, may be made electronically, including by Basin Marine, Inc. posting to its Website in accordance with applicable law. Any electronic notice, disclosure or communication Basin Marine, Inc. makes will be considered made when transmitted by Basin Marine, Inc.