Privacy Policy

Last Updated: November 5, 2025


Welcome to F.R. Smith and Sons Marina. These Terms of Use and Conditions ("Terms") govern your access to and use of our website, products, and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.


1. Acceptance of Terms

By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the website following any changes constitutes acceptance of those changes.


2. Use of Website


2.1 Permitted Use

You may use our website only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the website in any way that violates any applicable federal, state, local, or international law or regulation
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
  • Transmit any advertising, promotional materials, or any other form of solicitation
  • Impersonate or attempt to impersonate F.R. Smith and Sons Marina, our employees, another user, or any other person or entity
  • Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material
  • Attempt to gain unauthorized access to any portion of the website or any systems or networks connected to the website


2.2 Account Registration

To access certain features of our website, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current. You are responsible for safeguarding your account credentials and for any activities or actions under your account. You must notify us immediately of any unauthorized use of your account.


3. Products and Services


3.1 Product Descriptions

We strive to provide accurate product descriptions, images, and pricing information. However, we do not warrant that product descriptions, images, pricing, or other content on the website are accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.


3.2 Pricing and Availability

All prices are subject to change without notice. We reserve the right to limit quantities of products offered and to discontinue any product at any time. Product availability is not guaranteed until your order is confirmed and payment is processed.


3.3 Orders and Payment

All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraudulent activity. If your order is cancelled after your credit card has been charged, we will issue a credit to your account. Payment must be received by us prior to acceptance of an order. We accept various forms of payment as indicated on our website.


4. Intellectual Property Rights

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by F.R. Smith and Sons Marina, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.


You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent, except:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your web browser for display enhancement purposes
  • You may print one copy of a reasonable number of pages of the website for your own personal, non-commercial use


5. User-Generated Content

If you submit reviews, comments, or other content to our website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or control all rights to the content you post and that the content is accurate and does not violate these Terms.


6. Disclaimer of Warranties

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. F.R. SMITH AND SONS MARINA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.


We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any information on the website. You assume all risk associated with your use of the website.


7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, F.R. SMITH AND SONS MARINA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (C) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.


8. Indemnification

You agree to defend, indemnify, and hold harmless F.R. Smith and Sons marina, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website.


9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms and any dispute or claim arising out of or related to these Terms or the website shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.


9.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall take place in Bolton Landing, NY. Judgment on the arbitration award may be entered in any court having jurisdiction.


9.3 Class Action Waiver

YOU AND F.R. SMITH AND SONS MARINA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.


10. Termination

We may terminate or suspend your access to our website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


11. Links to Third-Party Websites

Our website may contain links to third-party websites or services that are not owned or controlled by F.R. Smith and Sons Marina. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party content, goods, or services.


12. Electronic Communications

By using our website, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to our services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.


13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and such provision shall be deemed modified to the minimum extent necessary to make such provision valid, legal, and enforceable.


14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the website, constitute the entire agreement between you and F.R. Smith and Sons Marina concerning the website and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the website.


15. Waiver

No waiver by F.R. Smith and Sons Marina of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.


16. Contact Us

If you have any questions, concerns, or comments regarding these Terms, please contact us at:

F.R. Smith and Sons Marina

Email: admin@frsmithandsonsmarina.com

Phone: (518) 644-5181

Address: 36 Sagamore Rd. Bolton Landing, NY 12814


By using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and Conditions.

Terms & Conditions Questions