MASTERCRAFT CONNECT SYSTEM
TERMS OF SERVICE AND END-USER LICENSE AGREEMENT
1. INTRODUCTION
1.1. Services. Welcome to MasterCraft Connect. This MasterCraft Connect Service Agreement (the “Agreement” or “Service Agreement”) applies to the use of MasterCraft Connect services (the “Services”) or the MasterCraft Connect software, (the “Software”), whether through a trial period, promotional subscription, pre-paid subscription term, or user-paid subscription (“Subscription”). MasterCraft Boat Company, LLC. and its subsidiaries and affiliates (“MasterCraft,” “we,” “us,” and “our”) provide MasterCraft Connect Services using the Software through multiple access points, including but not limited to, (a) MasterCraft Connect website access portal (“Website”), (b) the MasterCraft Connect mobile application (the “App”), or (c) installed on your MasterCraft boat (“Boat Interface”) to any person or entity who has a Subscription or who uses or accesses any of the Services, Software, Website, App, or Boat (“you” or “your”) (including any Boat operator, Authorized User (as defined herein), passenger or occupant who accesses the Services or Software). Collectively, the Services, Software, Subscription, Website, App, Boat Interface, MTD (as defined below) and any equipment, software, or other item necessary to deliver the Services is the “MasterCraft Connect System” or the “System.” The authorized MasterCraft boat dealership where you purchased your MasterCraft boat (“Boat”), or the MasterCraft authorized dealership or MasterCraft authorized service center where you are having your Boat maintained is known as your “Servicing Dealer” and is an integral partner in the delivery of the Services through the System.
1.2. MANDATORY ARBITRATION PROVISION: USE OF THE SERVICES, SOFTWARE, OR SYSTEM IS SUBJECT TO MANDATORY ARBITRATION AND CLASS-ACTION WAIVER OF ANY DISPUTES WHICH MAY ARISE, AS SET FORTH IN SECTION 14.2 BELOW. PLEASE READ THAT SECTION CAREFULLY AND DO NOT USE THE SERVICES IN ANY MANNER AND IMMEDIATELY CONTACT US TO REQUEST DEACTIVITATION OF THE SERVICES IF YOU ARE UNWILLING TO AGREE TO THE MANDATORY ARBITRATION PROVISION.
1.3. LEGALLY BINDING AGREEMENT. PLEASE READ ALL PAGES OF THIS AGREEMENT BEFORE USING ANY OF THE MASTERCRAFT MASTERCRAFT CONNECT SERVICES, SOFTWARE, OR SYSTEM AND KEEP A COPY FOR YOUR RECORDS ALONG WITH ALL MASTERCRAFT MASTERCRAFT CONNECT DOCUMENTS YOU RECEIVE AND THE DOCUMENTS REFERENCED IN THIS AGREEMENT. THIS AGREEMENT AND THE RELATED DOCUMENTS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US THAT SETS FORTH OUR RESPECTIVE CONTRACTUAL RIGHTS AND RESPONSIBILITIES AND IS LEGALLY BINDING ON YOU. BY ACCEPTING DELIVERY OF YOUR BOAT WITHOUT CONTACTING US TO DEACTIVATE THE SERVICES, BY ACTIVATING OR USING ANY OF THE SERVICES, BY DOWNLOADING AND INSTALLING THE APP, OR REGISTERING OR ACCESSING THE SERVICES ON THE WEBSITE, YOU HEREBY ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL RELATED AGREEMENTS, POLICIES, AND RELATED DOCUMENTS REFERENCED IN THIS AGREEMENT AND ANY LATER CHANGES TO THIS AGREEMENT OR ANY RELATED AGREEMENTS, POLICIES, OR DOCUMENTS. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT AND THE REMAINDER OF THE MASTERCRAFT CONNECT AGREEMENT (DEFINED BELOW), DO NOT USE ANY OF THE SERVICES AND IMMEDIATELY CONTACT US TO DEACTIVATE THE MTD (DEFINED BELOW).
1.4. TRACKING NOTIFICATION. Your Boat includes a marine telematics device (“MTD”) that utilizes GPS signals and wireless data communications connections to transmit various information about your boat, including its location, to us in order to enable the Services. BY DEFAULT, THE MTD ON YOUR BOAT IS ON PRIOR TO AND WHEN YOUR BOAT IS DELIVERED TO YOU AND WILL REMAIN ON OR ACTIVE, INCLUDING CONTINUING TO COLLECT LOCATION AND OTHER DATA FROM YOU AND YOUR BOAT, UNTIL SUCH TIME AS YOU CONTACT US AND REQUEST DEACTIVATION OF THE MTD USING THE CONTACT INFORMATION PROVIDED IN THIS AGREEMENT. Please note that if the MTD is deactivated, the Services may become fully or partially unavailable due to the loss of data necessary to provide the Services.
1.5. This Agreement. This Service Agreement is part of a larger collection of documents, policies and agreements governing our provision of the Services and Software to you. The other parts of the collection, which are incorporated into this Service Agreement by reference and, collectively, referred to as the “MasterCraft Connect System Agreement,” which includes, without limitation, the MasterCraft Connect Services Privacy Policy (the “MasterCraft Connect Privacy Policy”), located at: https://media.mastercraft-wake.com/m/5f6ceab178f2df73/original/Terms-of-Service-End-User-License-Agreement-and-Privacy-Policy.pdf. The MasterCraft Connect Privacy Policy relates to your personal information and Boat data and how we collect, use, store, share, and secure such data to provide the Services; and
1.6. Contact Us. If you have any questions regarding the Services or wish to deactivate the Services or the MTD installed on your boat, you may reach us at:
Phone: 1-877-240-1638
Email: care@mastercraft-wake.com
Mail: Attn: MasterCraft Connect App Administrator
100 Cherokee Cove Drive
Vonore, TN 37885 USA
2. ELIGIBILITY; SERVICE REQUIREMENTS; SERVICE PROVIDERS.
2.1. Eligibility. You represent and warrant that you (i) have reached the age of majority in the jurisdiction where you reside and have full legal capacity to form a binding contract with us or (ii) are at least 13 years of age (or equivalent minimum age in the jurisdiction where you reside) and will use the Services only with the permission of a parent or legal guardian who agrees to be bound by these Terms. You may use the Services only if you meet these eligibility requirements, you agree to the terms of this Agreement, and you are in compliance with the provisions of this Agreement and all applicable local, state, national and international laws, rules, and regulations. The Services are not available to any users previously prohibited from using the Services by MasterCraft, if you are not using the proper version of the Software, if you do not have a Boat equipped with a functional MTD, or if you have had the MTD deactivated (for MTD enabled functions and services).
2.2. Service Requirements. The following are required to obtain and use the Services: (i) an activated, connected, factory installed, and functional MTD (for MTD enabled functions and services), (ii) installed Software, (iii) an active Subscription for your Boat, (iv) a properly registered MasterCraft Connect account, and (v) acceptance of the MasterCraft Connect System Agreement.
2.3. Service Providers. Services are provided to you on behalf of MasterCraft. To provide those Services, MasterCraft interacts with and/or engages various third-party providers as necessary to provide the Services. These third-party providers include any person, company, or entity who provides any service, equipment, or facilities in connection with the Services, Software, or System including, but not limited to, wireless service providers, underlying wireless carriers, suppliers, licensors, map or chart providers, emergency service providers, content or social media hosting platforms, communications providers, boat dealers, and repair, service or maintenance facilities. Such third-party providers are referred to in this Agreement as “Service Provider(s)”.
3. SUBSCRIPTIONS; PRICE; PAYMENT; TAXES; REFUNDS.
3.1. Subscriptions. Certain new MasterCraft-brand boats, Model Year 2023 and later, will come with an MTD installed and may have a complimentary Subscription to the Software, Services, or System of a certain term. At the end of any complimentary Subscription, in the event of a transfer of ownership of a Boat to a new owner, or in the event of reactivation of a deactivated MTD, a Subscription will need to be purchased. Available Subscription plans can be reviewed and purchased at the Website or in the App by logging in to your account and navigating to the appropriate screen or selecting the appropriate menu item. Following expiration of any Subscription period, Subscriptions will automatically renew for subsequent monthly or annual, as the case may be, Subscriptions until cancelled in accordance with the provisions of this Agreement or your Subscription plan.
3.2. Price. All Subscriptions must be paid in advance for the duration of the Subscription or by automatic payment. By providing payment account information to us, you represent that you are an authorized user of such payment account. For automatic payment Subscriptions, your account will be automatically charged monthly or annually, as applicable, at the rate and term applicable at the time of each automatic payment. The price of your Subscription may change over time, and your renewal will be charged at the rates then in effect for your Subscription. Unless the Services are cancelled by you or us as allowed by this Agreement, we will continue to charge the payment account you provided, or a substitute account provided by you or your card issuer. If a credit card is not provided for Services, it will be your responsibility to provide one at the time of expiration in order to continue Services. WE MAY RECEIVE UPDATED CREDIT CARD INFORMATION FROM YOUR ISSUER. Your credit card issuer may give you the right to opt out of the update service.
3.3. Payment. Payment for Services must be made in U.S. Dollars. Depending on the Subscription you choose, you will have different payment responsibilities, but you must always pay on time and (unless the law provides otherwise) in full in accordance with the Subscription you have selected. If your credit, bank or debit card provider refuses a charge or an automated withdrawal, we can also terminate or suspend your Services. If you object to any fees or charges for services billed by or through us, you must tell us in writing within thirty (30) days after the fee or charge is incurred (unless the law does not allow a time limit or the law requires a longer period), OR YOU WILL AUTOMATICALLY WAIVE THE DISPUTE. You are responsible for paying directly to any Service Providers all charges for services furnished by them that are not expressly covered by your Subscription (for example, emergency towing services).
3.4. Taxes and Other Fees. You agree that you are solely responsible for and will pay all taxes, fees, assessments, and surcharges set by any governmental entity and charged to you by us (“Taxes”). Taxes are not included in the price of your Subscription and are subject to change without notice. We or our Services Providers my also charge you for additional fees related to costs or expenses for compliance with government regulations, which may include but are not limited to, universal service charges, emergency services assessments or charges, and other charges related to government compliance costs.
4. CANCELLATION; REFUNDS.
4.1. User Cancellation. You may cancel your Subscription by calling the MasterCraft Connect customer support number provided at the beginning of this Agreement. You will be required to authenticate your identity in order to cancel your Subscription. IF YOUR BOAT IS LOST, DESTROYED, STOLEN, OR TRANSFERRED, YOU MUST CANCEL YOUR SUBSCRIPTION IN ORDER TO AVOID BEING CHARGED SUBSCRIPTION RENEWAL FEES. UPON CANCELLATION, YOUR MASTERCRAFT CONNECT SERVICES MAY NO LONGER BE AVAILABLE.
4.2. Refunds. If you cancel a pre-paid annual Subscription that you paid for prior to its expiration or renewal date, you may be eligible for a pro-rated refund for the unused portion of your Subscription, depending on the terms of your particular Subscription. All cancellations shall be effective, for the purposes of refunds, at the end of the month in which proper a proper cancellation notice is received by MasterCraft. No refunds are available for pre-paid or promotional subscriptions for which you did not pay (for example, without limitation, a pre-paid subscription that came with your Boat or was paid for by your Servicing Dealer or other promotional partner).
4.3. MasterCraft Cancellation. MasterCraft reserves the right to cancel or suspend the Services or any Subscription at any time in its sole discretion. If your Subscription is canceled without cause, you will be eligible for a refund in accordance with Section 4.2 above. MasterCraft may cancel or suspend the Services or any Subscription, without prior notice, for caused based upon our sole discretion, including but not limited to: (i) you violate any provision of the MasterCraft Connect System Agreement, (ii) you have tampered with, altered, disabled, or modified the MTD or any equipment or software necessary to allow for proper functioning of the Services or the System, (iii) ownership of your Boat has been transferred to another person or entity, (iv) any payment is not made when due, (v) you interfere with or impair the operation of the Services, the System, or our business, or (vi) any telecommunications equipment associated with the Services or System is used for any improper purpose or in any illegal manner, in our sole discretion. In the event of a cancellation or suspension for cause as determined in our sole discretion, we will have no obligation to reinstate or restore the Services to you, even if you cure the condition giving rise to such cancellation or suspension.
5. SERVICES.
5.1. Account. In order the receive the Services, each user will have to register to establish a MasterCraft Connect Services account (the “Account”). All information provided in connection with your Account must be truthful and accurate, you must maintain the accuracy of all information, and you may not use the Services in violation of any U.S. or other applicable law or regulation. You may not use the Services if you are located in a country subject to U.S. embargo or if you or any entity with which you are associated is a prohibited or restricted party under applicable export control laws or regulations. You agree to maintain your account password and credentials securely and to notify us immediately of any actual or suspected unauthorized use of your Account or breach of security. Any other person or entity authorized by you to access your Account or use the Services through your Subscription constitutes an “Authorized User.” In addition to their own responsibility for their own actions, you are also responsible for the actions of each of your Authorized Users. Each Authorized User is automatically subject to all of the terms and conditions of the Target System Agreement.
5.2. Access To and Use of Services. Subject to all terms and conditions of the MasterCraft Connect System Agreement, MasterCraft grants you a personal, non-transferable, non-exclusive, non-sublicensable license to use the Services for the term of your Subscription. Such license shall immediately terminate upon expiration of your Subscription; expiration, termination, suspension, or cancellation of this Agreement; or breach of or failure to accept any provision of any component of the MasterCraft Connect System Agreement. MasterCraft intends that the Services are only available for use in certain countries (each a “Service Country”) and only supports their use in such Service Countries. In the event that you use or attempt to use the Services in a country other than a Service Country, some or all features of the Services may be unavailable or may not work as intended and, to the extent possible under applicable law, MasterCraft accepts no liability or responsibility with respect to any use or attempt to use the Services outside in countries that are not Service Countries. MasterCraft makes no uptime guarantee for the Services and the Services may be temporarily unavailable without prior advance notice for a variety of reasons, including without limitation, maintenance, upkeep, upgrades, System failures, security purposes, and third party service provider outages. You will not be eligible for any refund, rebate, or discount for any such periodic outage.
5.3. Restrictions. The rights granted to you in this Agreement and the MasterCraft Connect System Agreement are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, Software, or System; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services, Software, or System; (iii) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter the Services, Website, App, or Software; (iv) except as expressly stated herein, no part of the Services, Software, or System may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to access the Services, Software, or System in order to build a similar or competitive service or product; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the System or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services, Software, or System by means other than through the interface(s) that is provided by us; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services, Software, or System. Any future release, update, or other addition to functionality of the Services shall be subject to this Agreement and the MasterCraft Connect System Agreement.
5.4. Content. Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations) (“Content”). The Content also includes information that you and other users provide us in the course of using the Services (collectively, “User Contributions”), which we may use to provide, maintain and improve the Services. Some User Content may be visible to others. You may also post feedback, comments, questions, or other information to the Services, which shall also constitute User Contributions.
5.5. Service Modifications. MasterCraft reserves the right, at any time and with or without advance notice, to modify, suspend, or terminate the Services, or any part thereof in its sole discretion. You agree that neither MasterCraft, nor any third party, shall have any liability to you in the event of any such modification, suspension, or termination of Services.
5.6. Geolocation Information and Privacy. As noted previously, the MasterCraft Connect System MTD is active at the time of delivery of your Boat to you to facilitate various Services and you must contact MasterCraft as directed above to disable or inactivate the MTD and the services; otherwise the MTD on your boat will be transmitting its geolocation information and the status of certain onboard systems and equipment to MasterCraft and your MasterCraft dealer in order to provide the Services. Geolocation and onboard systems and equipment status information is vital to many of the features and functions provide by the Services, many of which will not operate if such information is not collected, retained, and shared with certain Service Providers, including but not limited to your MasterCraft dealer. MasterCraft’s MasterCraft Connect System Privacy Policy is located at:
United States – Geolocation Tracking and Privacy Notice:
https://media.mastercraft-wake.com/m/ba4d4da432933e7/original/United-States-Geolocation-Tracking-and-Privacy-Notice.pdf
All Non-United States Country – Geolocation Tracking and Privacy Notice:
https://media.mastercraft-wake.com/m/5e966a81ed07588/original/Non-United-States-Country-Geolocation-Tracking-and-Privacy-Notice.pdf
and by accepting delivery of your boat without contacting us to deactivate the MTD or the MasterCraft Connect System, or by using any of the Services, you acknowledge that you have read, understood, and accept the MasterCraft Connect Privacy Policy.
6. SERVICING DEALERS.
6.1. Servicing Dealer Account. Each Servicing Dealer is required to have at least one registered MasterCraft Connect System account with at least one Authorized User. Each Servicing Dealer Authorized User must be a current principle owner, manager, or employee of the Servicing Dealer (a “Servicing Dealer Representative”). Each Servicing Dealer Authorized User may only use a Servicing Dealer associated account for use of the System or Services on behalf of the Servicing Dealer; to the extent that any owner, manager, or employee of a Servicing Dealer wishes to make personal use of the Services or the System, such person will need to establish a separate personal account.
6.2. Termination of Servicing Dealer Accounts. At the time an owner, manager, or employee of a Servicing Dealer that is an Authorized User is no longer affiliated with or employed by such Servicing Dealer, a representative of the Servicing Dealer shall contact MasterCraft to terminate the access of such Authorized User to the Servicing Dealer’s information on the System. Such person may retain any personal MasterCraft Connect System access or Services to the extent they have establish a personal user account.
7. USAGE.
7.1. MasterCraft Intended Use of the System and Services. The System and Services are intended to be used for non-safety and non-time-critical services and information only. Despite MasterCraft’s goal of high reliability and availability of the Services they are not intended to be available at all times and all locations and are therefore not intended for any safety or time-critical functions. You acknowledge and agree that MasterCraft shall not have any responsibility or liability for any damages allegedly caused by any outage or delay in the Services.
7.2. No Use of Services for Life-Safety or Critical Purposes. You understand, acknowledge, and agree that the Services, whether provided solely by MasterCraft or in conjunction with other Service Providers, are not intended for life-safety or critical uses and are not certified for emergency response and that MasterCraft makes no representation or warranty that the use of the Services will in any way impact or improve your safety or the safety of anyone one else accessing or using the Services. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE SERVICES, WHETHER PROVIDED SOLELY BY MASTERCRAFT OR IN CONJUNCTION WITH OTHER SERVICE PROVIDERS, IS NOT A MONITORED EMERGENCY NOTIFICATION SYSTEM, SHOULD NOT BE RELIED UPON TO NOTIFY ANYONE OF AN EMERGENCY, AND THAT MASTERCRAFT WILL NOT DISPATCH ANY EMERGENCY SERVICES UNDER ANY CIRCUMSTANCES. Any emergency services requests should be directed to the appropriate authority (local 911 system, U.S. Coast Guard, or other appropriate emergency response organization).
7.3. Content Representations. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services. Posting of offensive, sexually explicit, profane, or otherwise inappropriate, as determined by MasterCraft in its sole discretion, Content or posting Content with the intent to demean, harass, threaten, or otherwise negatively impact another person is expressly prohibited and is grounds for suspension or termination of your Subscription and use of the Services. With respect to Content posted by you using the Services, you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you grant to MasterCraft an irrevocable, perpetual, worldwide, royalty-free, assignable, sublicenseable, transferrable license to use, modify, transfer, distribute, created derivative works from, reproduce, display, perform, or otherwise utilize such Content and any and all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. MasterCraft reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all, in its sole and absolute discretion.
8. SERVICE LIMITATIONS.
8.1. MasterCraft Service Providers. MasterCraft utilizes the service of third parties to provide the necessary products, services, and equipment to provide the System and Services which are beyond the control of MasterCraft, and which may affect the availability, operation, or control of the System or the Services. You acknowledge, understand, and agree that MasterCraft has no liability or responsibility for any claims, damages, or liability arising from or related to any unavailability, unreliability, or lack of performance of the System or the Services related in any manner to the performance of any third-party product, service, or equipment provider.
8.2. GPS and Cellular Service Limitations. The System receives signals from the Global Positioning Satellite (“GPS”) system (either from you phone through the App or through the MTD if you have one installed and active on your Boat) and transmits signals to, and receives signals from, a MasterCraft or a third-party Customer Service Center (“CSC”). Services are provided either by a MasterCraft CSC or an independent CSC which MasterCraft selects. You understand that the System and the MTD uses cellular telephone technology as the transmission mode for sending signals to the CSC. Services are available only within the Service Countries and only when the System is within the operating range of the wireless carrier. Subscription Services may be temporarily refused, interrupted, curtailed, limited or discontinued, without liability to MasterCraft or the wireless carrier, due to many conditions, including: (i) wireless transmission capacity limitations and cellular telephone network capacity limitations, (ii) atmospheric, terrain and geographic conditions, (iii) other natural or artificial environment conditions beyond MasterCraft’s control, (iv) limitations of the electrical system design and architecture of the System, (v) the condition of the System (for example, the System will not function if its power supply is not available as when, for example, the MTD is not connected to a live power source, or if essential System components are damaged (accidentally or otherwise)), (vi) government regulations or limitations, (vii) restrictions by the wireless carrier (for example, wireless carrier equipment limitations and inter-carrier roaming agreements), (viii) usage concentrations, modifications, upgrades, relocation and repairs of transmission facilities for the cellular telephone network, (ix) MasterCraft’s efforts to combat fraudulent use, and (x) other legitimate business and operational reasons. The GPS system requires a line of site view of a certain minimum number of GPS satellites and the Global positioning capabilities used for some location-based services are not available if satellite signals are obstructed. You understand that the System’s usage of the GPS system and the cellular telephone network are fundamental to MasterCraft’s ability to provide the Services. You understand that due to the very nature of cellular telephone, network and GPS technologies, there will be times when the System is unable to secure, maintain, or transmit signals, or that the information transmitted is not reliable, and thus, MasterCraft will be unable to receive such signals. You also understand that MasterCraft does not receive signals when the transmission mode is or becomes non-operational and that signals from the System cannot be received by MasterCraft when the System is damaged, does not have an adequate power source, or is otherwise non-operational. Accordingly, you agree that MasterCraft shall not, in any way, be liable for, or have responsibility with respect to, the GPS system, the cellular telephone network, any of the information obtained therefrom, or for interruptions in service. You further acknowledge and agree that MasterCraft shall not have any liability for the interruption of Services due to electrical storms, power failures, interruption or unavailability of telephone service, cellular and radio frequency interference, or other conditions beyond MasterCraft’s control. You acknowledge and agree that the use of radio frequencies and cellular devices are strictly controlled and limited by the Federal Communications Commission (“FCC”) and other governmental authorities which from time to time have jurisdiction and that changes in rules, regulations and policies may necessitate discontinuing such transmission devices by MasterCraft or the wireless carrier at MasterCraft’s or the wireless carrier’s option.
8.3. Navigation and Third-Party Maps. The System relies on third-party Service Provider generated maps in addition to the GPS system and wireless carrier to provide location services. MasterCraft makes no representation or warranty with respect to the accuracy or completeness of any third-party maps, or any location data based wholly or in-part thereon, and disclaims any liability arising therefrom. The System and Services are not intended to be used for vehicle navigation or directions and disclaims all liability if used therefore. ONLY OFFICIAL NOAA CHARTS, OR THIRD-PARTY APPS USING CERTIFIED NAVIGATIONAL CHARTS SHOULD BE USED FOR BOAT NAVIGATION AND ROUTING.
8.4. Wireless Carrier. MasterCraft and/or its designated Service Providers have contracted with, and will contract from time to time with, one or more wireless carriers (individually and collectively, “Wireless Carrier”) to provide wireless data transmission service (“Wireless Service”) for the Services over a cellular telephone network. You acknowledge and agree that you have no contractual relationship with the Wireless Carrier, and you is not a third-party beneficiary of any agreement with the Wireless Carrier. You understand and agree that the Wireless Carrier shall have no legal, equitable or other liability of any kind to you, and you hereby waive any and all such claims or demands. You acknowledge and agree that Service may be temporarily suspended or permanently terminated upon little or no notice in the event that the agreement with the Wireless Carrier is terminated. You waive any and all claims against the Wireless Carrier for such suspension or termination, and waive any and all claims against MasterCraft for such suspension or termination provided a replacement Wireless Carrier is secured which results in a reasonable delay or suspension in Service as outlined in this Agreement. You understand that the Wireless Carrier cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Wireless Service in connection with the System or the Services.
8.5. Disclaimer & Limitation of Liability Related to PSAP or 911 Service and Any Third-Party CSC. As noted in Section 6.2, the System and Services are not intended for life-safety or critical uses, including but not limited to communications to emergency responders. In no event shall MasterCraft be liable for losses, damages, or claims arising out of your use or attempted use of a public service answering point (“PSAP”) or 911 services or for your inability to access PSAP or 911 services.
9. INTELLECTUAL PROPERTY AND OWNERSHIP
9.1. MasterCraft Intellectual Property. You acknowledge that, as between you and MasterCraft, MasterCraft and its licensors owns all right, title, and interest, including all intellectual property rights, in and to the MasterCraft IP. “MasterCraft IP” includes the Software, Website, App, Services, System and any and all intellectual property used in or appearing on the System, to you in connection with the foregoing. MasterCraft IP includes, without limitation, all data, except your personal information and User Contributions, that is collected, stored, or used on the System, including all information transmitted, collected, or stored by the MTD and all of the following and derivatives thereof found on the System or used to provide the Service: ontology, taxonomy, attributes, attribute definitions and rules, augmented data derived from any data, algorithms and data created from algorithms, artificial intelligence, and outcomes from the application of artificial intelligence. Furthermore, all information provided by you, including but not limited to, user feedback, suggestions, improvements, additional features or functions, identification of bugs or malfunctions or potential fixes therefore, in any way relating to the MTD, System, Software, App, Website, or Services shall be sole and exclusive MasterCraft IP. Pursuant to the MasterCraft Connect Privacy Policy, geolocation data linked to your identity constitutes Personal Data and does not belong to MasterCraft; however, to the extent that such information is anonymized, de-identified, and/or aggregated such that it is no longer linked to your identity and, therefore, no longer Personal Data, it shall be considered MasterCraft IP.
9.2. Your Personal Data. Pursuant to the terms of the MasterCraft Connect Privacy Policy your Personal Data (as defined therein) belongs to you. You hereby grant MasterCraft a limited license to collect, store, use, and share your Personal Data with Service Providers and other third-parties as necessary or helpful to provide the Services, operate the System, and as otherwise disclosed in the MasterCraft Connect Privacy Policy.
9.3. Limited License. MasterCraft hereby grants to you and any Authorized User a nonexclusive, nontransferable license to access the System and Services and to use the MTD, Software, Website, and App solely for the purpose of enabling MasterCraft to provide the Services consistent herewith. This limited license will automatically terminate upon termination of your Subscription for any reason. You shall not modify, reverse engineer, decompile, or disassemble any portion of the System, Software, Website, App, MTD. Furthermore, other than use of the Services in accordance herewith you may not disclose, sell, or otherwise exploit any data or information retrieved from the System or make any competitive use thereof.
10. WARRANTY DISCLAIMERS.
10.1. YOUR BOAT’S LIMITED WARRANTY DOES NOT COVER THE MASTERCRAFT CONNECT SERVICES, THE SYSTEM, THE SOFTWARE, THE WEBSITE, THE APP, THE MTD, OR THE WIRELESS CONNECTION, WHICH IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IN ADDITION, MASTERCRAFT CANNOT PROMISE UNINTERRUPTED OR PROBLEM-FREE SERVICE OF THE SYSTEM AND CANNOT PROMISE THAT THE DATA OR INFORMATION PROVIDED TO YOU WILL BE ERROR-FREE. ALL DATA AND INFORMATION IS PROVIDED TO YOU ON AN "AS IS" BASIS. MASTERCRAFT HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE MASTERCRAFT CONNECT SYSTEM, THE MASTERCRAFT CONNECT SERVICES AND ANY DATA AND INFORMATION AND SERVICES PROVIDED THROUGH IT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY STATEMENTS BY ANY PARTY REGARDING THE CAPABILITIES, FUNCTIONS, OR FEATURES OF THE SYSTEM. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT. THE UNDERLYING WIRELESS CARRIER DOES NOT WARRANT THAT END USERS CAN OR WILL BE LOCATED USING THE SERVICE. YOU ASSUME ALL RISKS ASSOCIATED IN ANY WAY WITH YOUR USE OF THE SYSTEM OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR DO NOT ALLOW LIMITATIONS ON THE AMOUNT OF TIME AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.2. YOU ACKNOWLEDGE AND AGREE THAT NEITHER MASTERCRAFT NOR ANY OTHER PARTY HAS MADE ANY REPRESENTATIONS OR WARRANTIES, NOR HAVE YOU RELIED ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SYSTEM OR SERVICES. YOU ACKNOWLEDGE THAT NO AFFIRMATION OF FACT OR STATEMENT (WHETHER WRITTEN OR ORAL) MADE BY MASTERCRAFT, ITS REPRESENTATIVES, OR ANY OTHER PARTY OUTSIDE OF THIS AGREEMENT WITH RESPECT TO THE SYSTEM OR SERVICES SHALL BE DEEMED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY ON THE PART OF MASTERCRAFT OR ITS REPRESENTATIVES.
10.3. MASTERCRAFT AND ITS SUPPLIERS OR SERVICE PROVIDERS MAKE NO WARRANTY THE ANY BUGS, DEFECTS, OR ISSUES WITH THE SYSTEM OR SERVICES WILL BE CORRECTED OR THAT THE SYSTEM OR SERVICES WILL BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE.
10.4. MASTERCRAFT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO AND IS NOT RESPONSIBLE OR LIABLE FOR ANY SERVICE OR PRODUCT OFFERED BY ANY THIRD-PARTY THROUGH THE SERVICES. MASTERCRAFT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
10.5. MASTERCRAFT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY CONTENT OR USER SUBMISSIONS ACCESSED THROUGH THE SYSTEM OR SERVICES AND IS NOT RESPONSIBLE OR LIABILE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF CONTENT OR USER SUBMISSIONS CONTAINED IN OR ACCESSED THROUGH THE SERVICES.
11. INSURANCE; WAIVER OF SUBROGATION. NEITHER THE SYSTEM NOR THE SERVICES CONSTITUTE AN OFFER OF OR PROVIDE ANY FORM OF INSURANCE FOR RELATING IN ANY MANNER TO THE SYSTEM OR THE SERVICES. MasterCraft recommends that you should protect against losses, claims, and liability that might arise during the operation of your Boat and/or use of the System or Services with appropriate coverage limitations and other conditions and you are responsible for obtaining such insurance coverage at your own expense. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AND WAIVE SUBROGATION WITH RESPECT TO MASTERCRAFT AND ITS LICENSORS, SUPPLIERS AND SERVICE PROVIDERS FROM ALL LIABILITY FOR ANY LOSS, OCCURRENCE, EVENT OR CONDITION COVERED BY ANY APPLICABLE POLICY OR CONTRACT OF INSURANCE.
12. LIMITATION OF LIABILITY. MASTERCRAFT SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, LOST PROFITS, AND EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SYSTEM OR SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR REVENUES, LOSS OF USE, LOSS OF DATA, INCORRECT OR CORRUPTED DATA, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES, DOWNTIME COST, OR CLAIMS OF YOU FOR SUCH DAMAGES, EVEN IF MASTERCRAFT KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING OR ANY OTHER LIMITATION OF LIABILITY HEREIN, REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, YOUR EXCLUSIVE REMEDY AND THE TOTAL LIABILITY OF MASTERCRAFT AND/OR ANY SUPPLIER OF SERVICES TO MASTERCRAFT ARISING FROM OR RELATED TO THIS AGREEMENT IN ANY WAY, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF THE SYSTEM OR DISRUPTION OF THE SERVICES, SHALL BE LIMITED TO PAYMENT BY MASTERCRAFT OF DAMAGES IN AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE DIRECTLY PAID MASTERCRAFT FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PROCEEDING THE DATE OF ANY SUCH CLAIM. Some states may not allow limitations of special, incidental, consequential, or exemplary damages, and the limitations specified herein may not apply to you.
13. INDEMNIFICATION.
13.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD MASTERCRAFT AND ITS LICENSORS, SUPPLIERS, AND SERVICES PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS (COLLECTIVELY THE “MASTERCRAFT PARTIES”) HARMLESS FROM AND AGAINST (I) ALL CLAIMS, ACTIONS, LAWSUITS AND ANY OTHER LEGAL ACTION BROUGHT BY ANY THIRD PARTY AGAINST ANY OF THE MASTERCRAFT PARTIES ARISING FROM OR RELATING TO (A) YOUR USE AND YOUR AUTHORIZED USERS’ USE OF THE SERVICES, (B) YOUR VIOLATION AND YOUR AUTHORIZED USERS’ VIOLATION OF THESE TERMS OR ANY PROVISION OF THE MasterCraft Connect SYSTEM AGREEMENT, (C) ANY USER SUBMISSIONS OR FEEDBACK YOU PROVIDE; OR (D) YOUR VIOLATION AND YOUR AUTHORIZED USERS’ VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD-PARTY (COLLECTIVELY “THIRD PARTY ACTIONS”); AND (II) ANY AND ALL RELATED LOSSES, DAMAGES, SETTLEMENTS AND JUDGMENTS (INCLUDING PAYMENT OF THE MASTERCRAFT PARTIES’ REASONABLE ATTORNEYS’ FEES AND COSTS) INCURRED BY ANY OF THE MASTERCRAFT PARTIES, ASSESSED OR FOUND AGAINST ANY OF THE MASTERCRAFT PARTIES, OR MADE BY ANY OF THE MASTERCRAFT PARTIES, RELATING TO OR ARISING FROM ANY SUCH THIRD PARTY ACTION (“RELATED LOSSES”).
13.2. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOUR INDEMNIFICATION OBLIGATION TO THE MASTERCRAFT PARTIES APPLIES EVEN IF SUCH THIRD-PARTY ACTION AND ANY RELATED LOSSES ARISE FROM THE NEGLIGENCE OF ANY KIND OR DEGREE, BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NON-COMPLIANCE WITH APPLICABLE LAW, OR OTHER FAULT OR WRONGDOING OF ANY OF THE MASTERCRAFT PARTIES. HOWEVER, NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO REQUIRE ANY INDEMNIFICATION WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER APPLICABLE LAW. YOUR INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF THE MASTERCRAFT PARTIES, OR THE GROSS NEGLIGENCE OF THE MASTERCRAFT PARTIES IN THOSE STATES THAT DO NOT PERMIT INDEMNIFICATION FOR GROSS NEGLIGENCE. “THIRD PARTY” IS DEFINED HEREIN TO INCLUDE, AMONG OTHERS, AN AUTHORIZED USER, OR OTHER USER OF THE SERVICES, INCLUDING WITHOUT LIMITATION, A SPOUSE, PARTNER, FAMILY MEMBER, PASSENGER, GUEST, NEIGHBOR, TENANT, EMPLOYEE OR INSURANCE COMPANY. MasterCraft reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify it, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without MasterCraft’s prior written consent in its sole discretion. MasterCraft will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14. GOVERNING LAW; ARBITRATION; CLASS-ACTION WAIVER.
14.1. Governing Law. To the fullest extent permitted by law and except as explicitly provided otherwise, this Agreement and any disputes arising out of or relating to it will be governed by the laws of the state of Tennessee without regard to its conflict of law principles.
14.2. Dispute Resolution and Mandatory Arbitration. THIS SECTION INCLUDES AN AGREEMENT FOR MANDATORY ARBITRATION, WHICH MEANS THAT YOU (AS DEFINED IN THIS AGREEMENT) AND MASTERCRAFT AGREE TO SUMIT ANY DISPUTE RELATING TO OR ARISING OUT OF THIS AGREEMENT, THE MasterCraft Connect SYSTEM AGREEMENT, OR IN ANY WAY RELATED TO THE SYSTEM OR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THIS SECTION 13.2 ALSO INCLUDES A MANDATORY CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
14.2.1. YOU AND MASTERCRAFT BOTH AGREE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, TO USE BINDING ARBITRATION (except for individual claims resolvable in small claims court) TO RESOLVE ANY DISPUTE ARISING UNDER, RELATING TO THIS AGREEMENT, THE MASTERCRAFT CONNECT SYSTEM AGREEMENT, OR IN ANY WAY RELATED TO THE SYSTEM OR SERVICES. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its commercial arbitration rules and any supplementary procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions, which are available at www.adr.org. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising from or relating to these Terms, including without limitation any claim relating to its enforceability, performance, or breach. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms, including but not limited to any disclaimers or limitations of liability. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. This dispute resolution provision will be governed by the Federal Arbitration Act.
14.2.2. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AND MASTERCRAFT WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS. YOU MAY NOT EITHER JOINE A CLAIM WITH THE LCAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY ARBITRATION, LAWSUIT, OR OTHER LEGAL OR REGULATORY PROCEEDING.
14.2.3. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (A) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (B) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
15. TERM. This Agreement and the MasterCraft Connect System Agreement shall become effective on the date that you first accept this Agreement in accordance with Section 1.3 hereof and continue for so long as you utilize any of the Services, access the System or Website, or have the App installed, unless terminated sooner by MasterCraft in accordance with any provision hereof. Upon expiration or termination hereof, the rights and licenses granted to you pursuant to any this Agreement or the MasterCraft Connect System Agreement, shall terminate and you must stop all use of the System, Services, Software, Website, or App. Any provision hereof which, by their nature, survive termination shall survive any termination hereof.
16. MISCELLANEOUS.
16.1. Assignment. MasterCraft may assign its rights and responsibilities under this Agreement or the MasterCraft Connect System Agreement without prior notice to you and upon such assignment, MasterCraft shall be released from all liability with respect thereto. You may not delegate, assign, or sublicense any or all of your duties or rights hereunder and any attempt at any such delegation or assignment shall be null and void.
16.2. Notices. Except as specifically provided in this Agreement, all notices required hereunder shall be in writing and shall be given by personal delivery, overnight courier service, first class mail postage prepaid, at the MasterCraft’s mailing address set forth in Section 1.6 hereof for notices to MasterCraft and at the address provided by you in your account profile for notices to you, or at such other address(es) as shall be specified in writing by such party to the other party in accordance with the terms and conditions of this Section. All notices shall be deemed effective upon personal delivery, or one business day following deposit with any overnight courier service, or three business days following deposit with the U.S. Postal System, first class postage attached, in accordance with this Section.
16.3. Severance. The invalidity, in whole or in part, of any term or condition hereof shall not affect the validity of the remainder hereof.
16.4. Waiver. The failure of MasterCraft to enforce at any time any of the terms and conditions hereof shall not constitute or be construed to be a waiver of such terms and conditions or of the right of MasterCraft thereafter to enforce any such terms and conditions.
16.5. No Third-Party Beneficiaries. Your rights hereunder hereof are strictly for your benefit and not for any third-party beneficiary.
16.6. Modifications. MasterCraft reserves the right to make changes to this Agreement or the MasterCraft Connect System Agreement at any time without advance notice. Any changes we make to these Terms of Service and End-User License Agreement or the MasterCraft Connect Privacy Policy will be effective immediately upon their posting at:
https://media.mastercraft-wake.com/m/5f6ceab178f2df73/original/Terms-of-Service-End-User-License-Agreement-and-Privacy-Policy.pdf. Your access to the System or use of the Services, Software, Website, or App after such notice will be deemed acceptance of such changes.
16.7. Entire Agreement. This Agreement and the MasterCraft Connect System Agreement set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us. This Agreement does not amend, modify, alter, delete, change, supplement, or otherwise affect any other agreements between you and MasterCraft, including but not limited to any limited warranty relating to your Boat or your Boat trailer, or any agreements or warranties for any other products or services purchased from MasterCraft or any third-party.
16.8. Headings. Any heading, caption or section title contained in this Agreement or the MasterCraft Connect System Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
16.9. Execution and Counterparts. Your use of the Software, Services, or System, or any other activities set forth in Section 1.3 herein shall constitute your acceptance of these Terms of Service and End-User License Agreement and the MasterCraft Connect System Agreement. This Agreement may be executed in two (2) or more counterparts, each of which shall constitute an original, but together which shall constitute one and the same instrument. It shall be permissible for any party, after execution of this Agreement, to transmit and deliver a copy of the Agreement as executed by that party, to the other party hereto (or their respective counsel) by facsimile, electronic mail or any other electronic means, and delivery by any such electronic means shall constitute delivery of the executed Agreement for all purposes and shall be legally binding on the party transmitting the Agreement by any such means. However, any party transmitting its signature via facsimile, electronic mail or other electronic means shall promptly deliver an executed original of this Agreement to any other party requesting an original, but the failure to do so will not affect the validity or binding effect of this Agreement.
MASTERCRAFT CONNECT SYSTEM
CUSTOMER PRIVACY POLICY
INTRODUCTION
MasterCraft Boat Company, LLC (“MasterCraft,” “We,” “Us,” or “Our”) takes the privacy of the users or owners (“You,” “Your,” or “Customer“) of our products and services seriously. The MasterCraft Connect functionality that we offer through our MasterCraft Connect application (the “App”), MasterCraft Connect web portal (the “Website”), MasterCraft Connect software (the “Software”), the marine telematics device (the “MTD”) installed on Model Year 2023 and later MasterCraft boats (collectively, the App, Website, Software, and MTD are the “MasterCraft Connect System” or the “System”) collects a variety of data regarding your boat, yourself, and your geolocation to provide the functions and services featured in the MasterCraft Connect System. This Privacy Notice provides you with the information necessary to understand how the MasterCraft Connect System collects, uses, and shares your data so that you can make informed decisions about the features and functionality of the System and the use of your personal data. Certain information, “Personal Data,” includes information that can be used to identify you as an individual, such as your name, address, phone number, email address, demographic information, payment information, or precise geolocation information.
Your MasterCraft boat with an MTD generates performance, location, diagnostic, operational, and sensor data prior to and from the moment you take delivery. Upon registration of your warranty and delivery of your boat, this information may be linked to your identity or account unless you Opt-Out of such data linking as set forth herein. To the extent that any MTD collected data, or any other data collected by the MasterCraft Connect System does not constitute Personal Information or Data under applicable law or regulation (either by the nature of the data collected or by maintaining it in a de-identified/anonymized form), it will continue to be collected for permissible use by MasterCraft.
SENSITIVE PERSONAL INFORMATION AND GEOLOCATION DATA NOTICE - NOTE THAT BOATS HAVING AN MTD INSTALLED (MASTERCRAFT-BRAND BOATS OF MODEL YEAR 2023 AND LATER) ARE CONFIGURED TO TRACK GEOLOCATION DATA AT THE TIME THE DEVICE IS INSTALLED AT THE MASTERCRAFT FACTORY. THIS FEATURE ALLOWS FOR TRACKING OF EACH BOAT THROUGH THE SUPPLY CHAIN AND THROUGH DELIVERY TO YOU. UPON AND AFTER DELIVERY TO YOU, THE BOAT WILL CONTINUE TO COLLECT GEOLOCATION DATA (AND OTHER INFORMATION ABOUT THE BOAT, SUCH AS PERFORMANCE DATA, SYSTEM ALARMS, USAGE INFORMATION, ETC.), WHICH WILL BE LINKED TO YOUR IDENTITY OR ACCOUNT, AND USED AS DESCRIBED ELSEWHERE IN THIS PRIVACY NOTICE. IF YOU DO NOT WISH TO HAVE THE GEOLOCATION INFORMATION LINKED TO YOUR IDENTITY OR ACCOUNT, PLEASE CONTACT MASTERCRAFT (1-877-240-1638) TO OPT-OUT AND DISABLE GEOLOCATION DATA FROM THE MTD FROM BEING LINKED TO YOUR IDENTITY OR ACCOUNT. NOTE THAT IF YOU OPT-OUT FROM THE LINKING OF YOUR GEOLOCATION DATA, MANY FEATURES AND FUNCTIONS OF THE MASTERCRAFT CONNECT SYSTEM WILL BE LIMITED OR UNAVAILABLE TO YOU. ALSO NOTE, HOWEVER, THAT CERTAIN FEATURES OR FUNCTION OF THE MASTERCRAFT CONNECT SYSTEM, INCLUDING WITHOUT LIMITATION, THE MASTERCRAFT CONNECT APP, USE GEOLOCATION DATA SUPPLIED BY YOUR MOBILE DEVICE TO PROVIDE THE FEATURES, FUNCTIONS, AND SERVICES ASSOCIATED WITH THE MASTERCRAFT CONNECT APP, SO IF YOU SIGN UP FOR THE MASTERCRAFT CONNECT SYSTEM OR APP, EVEN IF YOU HAVE HAD US DE-LINK YOUR MTD FROM YOUR ACCOUNT, GEOLOCATION DATA MAY STILL BE COLLECTED AND USED AS DESCRIBED HEREIN.
GEOLOCATION DATA IS USED BY MASTERCRAFT TO UPDATE WARRANTY AND SERVICE INFORMATION FOR YOUR BOAT, GENERATE DATA RELATED TO THE PERFORMANCE OF ITS PRODUCTS, DETECT AND CORRECT PRODUCT PERFORMANCE ISSUES, DEVELOP NEW AND ENHANCED PRODUCTS AND SERVICES FOR MASTERCRAFT CUSTOMERS, AND TO COMMUNICATE INFORMATION ABOUT YOUR BOAT OR MASTERCRAFT PRODUCTS AND SERVICES TO YOU. CERTAIN OF THIS INFORMATION (AS DESCRIBED IN THIS PRIVACY NOTICE) IS ALSO SHARED WITH YOUR MASTERCRAFT SERVICING DEALER OR AUTHORIZED SERVICE FACILITY SO THAT IT CAN COMMUNICATE MAINTENANCE OR RELIABILITY ISSUES ABOUT YOUR BOAT TO YOU, PROVIDE MASTERCRAFT PRODUCT AND SERVICE OFFERS TO YOU, HELP MAINTAIN YOUR BOAT’S WARRANTY AND SERVICE RECORDS, HELP LOCATE YOUR BOAT IF ITS BECOMES LOST OR STOLEN, OR OTHERWISE ENHANCE ITS RELATIONSHIP WITH YOU AS YOUR MASTERCRAFT SERVICING DEALER OR AUTHORIZED SERVICING DEALER. MANY USES OF THE GEOLOCATION DATA MAY BE MADE WITHOUT LINKING SUCH INFORMATION TO YOUR IDENTITY OR ACCOUNT (I.E. IS MAINTAINED IN A DE-IDENTIFIED OR ANONYMIZED FORM) AND SUCH INFORMATION WILL STILL BE COLLECTED AND USED BY MASTERCRAFT IN ITS DISCRETION AND IN COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS.
INFORMATION MASTERCRAFT MAY COLLECT FROM YOU
MasterCraft provides the MasterCraft Connect System to enhance the ownership and lifestyle experience of MasterCraft boat owners and users. As a user of any component of the MasterCraft Connect System, we may collect information from or about you, your MasterCraft boat (particularly if equipped with an MTD), or from other third-parties (for example, you MasterCraft dealer or authorized MasterCraft service facility (“Servicing Dealer”)). Depending on which of our MasterCraft products and services you use, not all categories may be applicable to you.
MasterCraft Connect Account: If you set up a MasterCraft Connect Account, which is supported by and accessed through the MasterCraft Connect System, the information in your account may include:
• The status of any order you may have placed through the System;
• Your customer registration and warranty information;
• Your boat and service history;
• Geolocation data of your boat (if equipped with an MTD and you did not opt-out);
• Other general information about your MasterCraft boat or services (for example, hull identification number, MTD identification information, MasterCraft Connect subscription information) and documents related to the purchase of your MasterCraft boat.
MasterCraft Connect System
Information from or about you:
Types of Data Description of Data Uses and Legal Reason for Use
Contact Information Name, address, email address, location, phone number, contact preferences So that we may identify and communicate with you, provide your requested products or services, based upon your consent and installation and use of the MasterCraft Connect App
Guest/Crew Information Name, nickname, photos, social media handles To provide the “My Crew” functionality of the MasterCraft Connect App, based upon your consent and entering the information into the App
Geolocation Information GPS location of your boat or your device To provide the location and position information necessary for the corresponding features of the MasterCraft Connect App and to provide the location of your boat to MasterCraft and your Servicing Dealer to facilitate requested maintenance or service, based upon your consent and use of these features of the MasterCraft Connect App
Social Media Information Social media account information from you and your “Crew” To allow you to share content from the MasterCraft Connect App to your other social media accounts at your direction and control
Communications or Interactions Your requests for information, emails, messages, or calls to MasterCraft, tours, newsletters, MasterCraft events, sweepstakes, contests, or other promotional events To communicate with you, provide products or services to you, and confirm eligibility for prizes, contests or promotions that you may sign up for, based upon your consent or your signing up
System Activity Information Your device model, browser information, operating system, IP address, pixel tags, cookies, App use data, error codes Used to optimize the App or Website performance, identify software or system errors, and address security issues based upon our Terms of Service and End-User License Agreement and your consent and use of our System
Information from or about your MasterCraft boat and MTD Collected Data:
Types of Data Description of Data Uses and Legal Reason for Use
Boat Identification Information Hull ID Number (HIN), MTD device identification number, engine serial number So that we may identify and your boat and associate data and services related to your boat to your MasterCraft Connect account, provide your requested products or services, based upon your consent and installation and use of the MasterCraft Connect App
Geolocation Information GPS location of your boat and geofence information (as set-up by user) To provide the location and position information necessary for the corresponding features of the MasterCraft Connect App and to provide the location of your boat to MasterCraft and your Servicing Dealer to facilitate requested maintenance or service, based upon your consent and use of these features of the MasterCraft Connect App
Boat, Equipment, Sensor, and Gauge Data Operational information about your boat and its systems including, engine status, engine temperature, engine hours, bilge status, battery status, and other operational information To provide you, MasterCraft, and your Servicing Dealer with information regarding the operation, maintenance, and service status of your boat and to provide visibility of these items to you, based upon your consent and use of these features of the MasterCraft Connect App
The information that is collected from your MasterCraft boat, which is collected and transmitted by the MTD in Model Years 2023 and later, is initially collected and stored in a service-provider database that is not associated with you or your account and is therefore not personally identified to you. Once we confirm that you have received the Opt-Out notice from you and have not chosen to contact us to Opt-Out of the MTD enabled-services of the MasterCraft Connect System, or you have otherwise agreed to the Terms of Service/EULA for the System, certain notifications and data collection from the service-provider database will be enabled and the information, including geolocation data, will be imported into MasterCraft’s customer support database and will be associated with you or your account. Such pertinent information regarding the maintenance and operational status of your MasterCraft boat and its geolocation may be shared with your Servicing Dealer in order to facilitate communications regarding the maintenance, operational, and service status of your MasterCraft boat and allow your Servicing Dealer to locate your boat for on-site service, repairs, or for storage purposes.
HOW MASTERCRAFT MAY USE THE INFORMATION WE COLLECT
We may use the information we collect from you to:
• Communicate with you:
o Respond to inquiries or fulfill requests;
o Conduct customer research, surveys, or otherwise obtain your feedback;
o Share information about your MasterCraft boat and update administrative information related to your boat and warranty, terms of use, and policies;
o Provide information regarding MasterCraft or third-party partner products and services;
o To provide safety, warranty, or service-related information to you and your servicing dealer; and
o Provide information regarding contests, events, and promotions.
• Fulfill any orders you may place for products or services with MasterCraft or through our third-party partners:
o To complete any purchase of products or services available through the MasterCraft Connect System, arrange for delivery and/or installation by MasterCraft, your MasterCraft Servicing Dealer, or other third-party partners;
o To process payment for any products or services (to the extent payment processing is offered through the MasterCraft Connect System);
o To process or provide customer support for any purchases;
o To monitor your boat’s performance and provide service notices and updates from MasterCraft or your MasterCraft servicing dealer.
• Provide the functions, features, and services of our MasterCraft Connect System;
• Improve and perfect our products or services:
Use of your information for communication purposes may include contacting you to advise you of important safety, service, or warranty related information, present products and offers tailored to you, keep you informed of useful features, function, or updates to our MasterCraft Connect System, or inform you of upcoming MasterCraft owner events or opportunities.
YOUR DATA PRIVACY RIGHTS
MasterCraft Communications and Updates: When you purchase a product or services from MasterCraft, request information regarding products or services, or sign up for product updates or MasterCraft promotions, MasterCraft may contact you via any contact method we have for you, including but not limited to text, email, phone call, or through the MasterCraft Connect App or other MasterCraft customer service application. If you desire to opt-out of promotional emails, texts, or messages, you may do so by changing your communications preferences, contacting us directly at 1-877-240-1638. To the extent that you have opted-in to promotional text messages, you can opt-out of those at any time by replying STOP to any such message. Please note that even if you opt out of promotional communications, you will still receive pertinent product information, administrative communications, warranty, and service information and any other communications necessary to provide the features, functions, or services that you have signed up for through the MasterCraft Connect System.
Sharing Of Your Data: As detailed above, MasterCraft collects and shares your data in a variety of ways, you may control what data is shared and with whom as previously described and through the functionality of the MasterCraft Connect App by not using certain features or functions, not entering certain data, or by deleting certain data (for example, if you do not wish to have information regarding individuals present on your boat, you may simply not use the “My Crew” functionality of the App, or you may delete anyone previously entered as “Crew”). As noted, certain data regarding your MasterCraft Boat is collected by your MTD and is maintained in a de-identified database and can be used for a variety of purposes including performance, maintenance, and service status of your MasterCraft boat, monitoring of certain data to determine performance, reliability, and safety analyses, or aggregated and de-identified data for market analysis, sales information, etc. and such information may be shared within MasterCraft, with our dealer network, or with third-parties. However, Your Personal Data will only be used as described herein and subject to your privacy preferences.
Your Control of Your Personal Data: Depending upon the local law applicable to You, You may have certain rights with respect to the control of your Personal Data. Such rights may include the (i) the right to be notified of an have access to the Personal Data we collect and process; (ii) update Your Personal Data or correct inaccuracies in Your Personal Data; (iii) have access to certain Personal Data limited; (iv) have Your Personal Data deleted; (iv) change your Personal Data permissions or preferences; or (v) lodge a complaint with your local data protection authority. To the extent applicable under the local law applicable to MasterCraft or You, you may exercise these rights in multiple ways:
• Email MasterCraft at: care@mastercraft-wake.com
• Writing to MasterCraft at: Attn: MasterCraft Connect Administrator
100 Cherokee Cove Drive
Vonore, TN 37885 USA
• Filling out a request online: https://www.mastercraft-wake.com/contact
• Updating Your privacy settings or preferences in the MasterCraft Connect App.
To the extent necessary to process your request, MasterCraft may request additional information in order to properly identify your issue, verify your identity, or otherwise research and respond to your request. MasterCraft may also require additional time to research and respond to your request. However, MasterCraft will endeavor to properly respond to any of your requests within a reasonable time and in a manner compliant with applicable laws.
International Data Transfers: MasterCraft operates internationally and its goods and services are available in many countries, including members of the European Union (EU) and European Economic Area (EEA). As mentioned above, you are entitled to control your Personal Data as specified in the local law applicable to you or MasterCraft. By making a purchase, signing up for a promotion or service, or downloading and accessing the MasterCraft Connect App or System, you may be submitting your Personal Data to us and your information may be transferred to MasterCraft in the United States or other countries other than your country of residence or where the information was originally collected. For example, all web originating information and all information collected related to the MasterCraft Connect System is collected, processed, and used in the United States and may be hosted or processed by third-party service providers in other countries. If you are located in the EU, EEA, United Kingdom (UK), or Switzerland, we ensure that the collection, storage, transfer, and processing of your Personal Data is done in accordance with applicable privacy laws and that appropriate, contractual, administrative, technical, and organizational controls are in place, including but not limited to the Standard Contractual Clauses applicable to the EU General Data Protection Regulation (GDPR).
CALIFORNIA CONSUMER PRIVACY RIGHTS
California state law provides certain privacy rights to California consumers, those rights are explained below as well as the methods available to contact us to exercise those rights.
Right of Knowledge and Access: If you are a California consumer, you may have the right to request that We provide you with information regarding what Personal Data (or information) about You we have collected, disclosed, used, or sold during the preceding twelve (12) month period. We will disclose such information to you once we have received a request and verified your identity.
Right to Delete Your Personal Data: If you are a California consumer, you may have the right to delete your Personal Data that we have collected about you. This deletion right may be subject to various exceptions (described below) pursuant to California law. Once we receive your request to delete your Personal Data and have verified your identity, we will delete such of your Personal Data that is not subject to any of the legal exceptions. Please note that deletion of your Personal Data may result in unavailability of all or certain features, functions, or services of the MasterCraft Connect System. MasterCraft may deny a portion or all of your deletion request under the following circumstances: (i) if the Personal Data is required to complete the transaction for which the Personal Data was collected, provide the features, functions, or services for which the Personal Data was collected, take actions reasonably related to the ongoing business relationship with you, or otherwise perform any contract we may have with you; (ii) if the Personal Data is necessary to fulfill our limited warranty obligations to you, is necessary to perform any product recall, or is otherwise required to be retained by applicable law or regulation; (iv) if the Personal Data is necessary to exercise free speech, ensure the right of another consumer to exercise their free speech, or exercise another right under applicable law; (v) if the Personal Data is necessary to detect or correct security incidents, protect against malicious, fraudulent, or illegal activity, to prosecute those responsible for any security incident, or as otherwise reasonably necessary to protect against data security threats; (vi) of the Personal Data is required to comply with any legal obligation under applicable law or regulation, is reasonably necessary to exercise any legal claim or rights, or is reasonably necessary to defend any legal claim; or (vii) if the Personal Data is subject to any other exemption under applicable law.
Right to Opt-Out of Sale of Your Personal Data: If you are a California consumer, you may have the right to request that MasterCraft stop selling portions or all of your Personal Data. Currently, MasterCraft does not sell your Personal Data and only shares your Personal Data with certain third-parties as disclosed herein or to provide third-party services or functionality requested by you through the MasterCraft Connect App. However, prior to selling your Personal Data, MasterCraft will notify you and provide you with the opportunity to Opt-Out of such sale of your Personal Data.
Right to Non-Discrimination: MasterCraft will not deny any California consumer any goods or services, charge you a different price, or provide a different level or quality of goods or services solely because you exercised any of your rights under California law or regulation. However, if you refuse to provide, request deletion, or opt-out of sharing of personal information necessary or otherwise required to provide a feature, function, or service of the MasterCraft Connect App, administer or notify users of a program or promotion, or which is necessary to complete a transaction or fulfill a contract, you may not be able to use or participate in such programs.
California Data Privacy Contacts: To the extent applicable under California law or regulation applicable to You as a California consumer, You may exercise these rights in multiple ways:
• Email MasterCraft at: care@mastercraft-wake.com
• Writing to MasterCraft at: Attn: MasterCraft Connect Administrator
100 Cherokee Cove Drive
Vonore, TN 37885 USA
• Filling out a request online: https://www.mastercraft-wake.com/contact
• Updating Your privacy settings or preferences in the MasterCraft Connect App.
To the extent necessary to process your request, MasterCraft may request additional information in order to properly identify your issue, verify your identity, or otherwise research and respond to your request. MasterCraft may also require additional time to research and respond to your request. However, MasterCraft will endeavor to properly respond to any of your requests within a reasonable time and in a manner compliant with California law or regulation.
PRIVACY POLICY CONTACT OR QUESTIONS
If you have need to contact MasterCraft with respect to this Privacy Notice, to exercise any of your applicable privacy rights, or with any questions, you may contact us in multiple ways:
• Email MasterCraft at: care@mastercraft-wake.com
• Writing to MasterCraft at: Attn: MasterCraft Connect Administrator
100 Cherokee Cove Drive
Vonore, TN 37885 USA
• Filling out a request online: https://www.mastercraft-wake.com/contact
• Updating Your privacy settings or preferences in the MasterCraft Connect App.