PLEASE READ THESE TERMS OF USE RELATING TO YOUR USE OF THIS SITE. YOU AGREE TO THESE TERMS OF USE BY USING THIS SITE. DO NOT USE THIS SITE OTHERWISE.

Lyon Shipyard, Inc. reserves the right to modify these Terms of Use at any time without notification. Your use of this site binds you to the Terms of Use as modified by Lyon Shipyard, Inc. at any time, whether or not you have reviewed the changes.

SCOPE

These Terms of Use (“Terms”) as well as Lyon Shipyard Inc.’s (“Lyon Shipyard,” “we” and “us”) Privacy Policy at www.lyonshipyard.com will apply to your use of all of the web sites, social media accounts, content and services owned or operated by Lyon Shipyard now or in the future (collectively, “the Site”).

PERMITTED ACCESS

By using the Site, you represent that you are over 18 years old.

Lyon Shipyard hereby grants you a non-exclusive, non-transferable, limited right to access, use and display the Site for your own personal or non-commercial use only. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. Lyon Shipyard reserves the right to restrict your access to part or all of the Site (including any password-protected areas) at any time without notice or liability to Lyon Shipyard.

REGISTERED USERS

Some portions of the Site are accessible only to users who have provided certain personal information and obtained a valid User ID and password (“Registered Users”). You agree that you will not attempt to gain access to the restricted portions of the Site if you are not a Registered User. Further, Registered Users are responsible for maintaining the confidentiality of their User ID and password, if any.  Registered Users agree to notify us upon discovery of any unauthorized use of their User ID or password.

INFORMATION PROVIDED

You may upload personal information and files that Lyon Shipyard may view, such as for employment application purposes. By uploading your information, you grant Lyon Shipyard a royalty-free, non-exclusive license to post, store, and allow download of anything uploaded to the Site.

You represent and warrant that you have the necessary rights and licenses to post such information and files on the Site. You further agree not to upload anything that is distasteful or inappropriate; contain nudity; or appear hateful, threatening, violent, or pornographic. Any uploaded information or file may be removed by Lyon Shipyard at any time, in our sole discretion.

COMMUNICATIONS

You may send and receive private messages with Lyon Shipyard. These messages will be stored on our server for 45 days and then be automatically deleted.

PROPRIETARY RIGHTS AND THIRD PARTY CONTENT

The Site is protected by the copyright and trademark laws of the United States and other countries, international conventions and treaties, and other applicable laws.

The Site, excluding third party content (as defined below), the aesthetic elements of the Site and the navigational elements of the Site (“Copyrighted Material”) are all the copyrights of Lyon Shipyard. You hereby acknowledge the confidentiality of the Copyrighted Material and agree to maintain its confidentiality. You may not use or disclose such Copyrighted Material; a) for any commercial purpose, b) in a manner competing with Lyon Shipyard, c) as part of your own website, or d) in any other manner that would infringe Lyon Shipyard’s rights.

All marks used on the Site are trademarks of Lyon Shipyard or authorized third parties. You agree not to use any trademarks, service marks, names, logos, or other identifiers of Lyon Shipyard or its representatives, officers, directors, employees, licensors, independent contractors, providers and affiliates without the prior written permission of Lyon Shipyard or the relevant affiliate. In addition, you may not use such trademarks (a) in, as, or as part of, your own trademarks or those of any third parties; (b) to identify products or services that are not those of Lyon Shipyard; (c) in a manner likely to cause confusion; (d) in a manner that implies inaccurately that Lyon Shipyard sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties or (e) in a competitive manner with Lyon Shipyard.

DISCLAIMERS

THE INFORMATION ON THE SITE IS PROVIDED “AS IS”. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER LYON SHIPYARD NOR ANY OF ITS AFFILIATES, LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, FREE FROM HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.  NEITHER LYON SHIPYARD NOR ANY OF ITS AFFILIATES. LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LYON SHIPYARD OR ANY OF ITS AFFILIATES, LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL LYON SHIPYARD OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, SPECIAL OR CONSEQUENTIAL, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL LYON SHIPYARD OR ANY OF ITS AFFILIATES, LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE).

INDEMNITY

You agree to defend, indemnify and hold harmless Lyon Shipyard, its representatives, officers, directors and employees from all liabilities, claims, costs, and expenses, including attorneys’ fees, that arise from your use of the Site, your uploading or transmission of information on the Site, or from your violation of applicable law.

PRIVACY POLICY

We are committed to protecting your privacy and security. We also have the right, but not the obligation, to monitor the information submitted through the Site to determine compliance with these Terms, any other agreements between the parties, and compliance with any law, regulation or authorized government request. Please read our Privacy Policy at www.lyonshipyard.com.

FORCE MAJEURE

We are not responsible for delays or any failure in performance resulting from acts beyond the control of Lyon Shipyard. Such acts include, but are not limited to, acts of God, strikes, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes, or other disasters.

GOVERNING LAW

These Terms will be governed by and construed in accordance with the laws of Virginia.  Accordingly, the laws of Virginia will be used exclusively to construe, govern, and enforce these Terms, excluding all conflict of laws rules.  Except as provided in the INJUNCTIVE RELIEF provision, any action related to or arising out of these Terms will be filed only in the Virginia courts and you consent to the exclusive jurisdiction of the state and federal courts located in Virginia.

INJUNCTIVE RELIEF

In the event you breach or threaten breach of these Terms, you acknowledge and agree that Lyon Shipyard will be greatly and irreparably damaged and the damage will be difficult to quantify.  Therefore, Lyon Shipyard may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the GOVERNING LAW provision, will apply the laws of its own jurisdiction in determining whether Lyon Shipyard will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Lyon Shipyard’s rights to relief either in law or at equity.

MISCELLANEOUS

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

CONTACT

You may email us at admin@lyonshipyard.com or write to us at 1818 Brown Ave. Norfolk, VA 23504.  If you submit a complaint to us, we may investigate your complaint, however, we are under no obligation to inform you of our findings or to respond back to you regarding your concern.