Boat Owner's World
Terms Of Use
THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE
PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS
OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING
ITS TERMS.
1. Parties. The parties to this Agreement are you, a visitor to this web site
("You"), and the owner and operator of this web site: Boat Owner's World. All references to "us", "this web site" or "this site"
shall be construed to mean Boat Owners World. If the user is not an individual, then "You" means
Your company, its officers, members, agents, successors and assigns.
2. Assent To Terms of Use And Amendment. Boat Owners World grants a non-exclusive,
non-transferable, and revocable license to You and provides the services available
at this site to You subject to the following terms and conditions. THESE TERMS AND
CONDITIONS MAY BE AMENDED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN
REVIEW THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT THIS
SITE. IN ADDITION, WHEN USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR
RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR USE
OF THIS SITE AND YOUR RELATIONSHIP WITH Boat Owners World ARE SUBJECT TO ALL GUIDELINES OR RULES
THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY
REFERENCE INTO THIS AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF THE TERMS OF USE
AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE. IF YOU DO NOT AGREE TO
BE BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE.
3. Entire Agreement. This Terms of Use Agreement will be expressly incorporated
by reference in each and every agreement between You and Boat Owners World, and except for any
separate license agreement for software and/or content, this terms of use agreement
supersedes any and all prior and existing agreements, whether oral or in writing,
between You and Boat Owners World with respect to the subjects addressed herein and constitutes
the entire agreement between the parties with respect to those subjects. Except for
any separate license agreement for software and/or content, You acknowledge that
neither Boat Owners World nor anyone on Boat Owners World's behalf has made any representations, inducements,
promises or agreements, orally or otherwise, to You relating to the subjects addressed
by this terms of use agreement that are not embodied herein.
4. Prohibited Conduct. You agree (i) not to use this site to upload or
distribute in any way files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer;
(ii) not to interfere or disrupt this site or any networks connected to this site;
(iii) not to use any device, software or routine or attempt to interfere with the
proper functioning of this site or any transactions being offered at this site;
(iv) not to take any action that imposes an unreasonable or disproportionately large
load on Boat Owners World's infrastructure; (v) not to use this site to collect or harvest personal
information, including, without limitation, financial information, about other
participants at this site; and (vi) not to impersonate any person or entity or
falsely state or otherwise misrepresent Your affiliation with a person or entity.
You agree not to use the services, products, or downloads available at this site
for illegal purposes, and to comply with all regulations, policies and procedures
of networks connected to this site.
5. Compliance with Laws. You shall comply with all applicable laws and
regulations of the United States and foreign authorities (including, but not limited
to United States trade restriction laws, export laws or license requirements and laws
regarding the sale or transport of hazardous materials, and laws regarding the
transmission of technical data, including without limitation encryption, exported
from the United States through the services available at this site) relating to
any service, product, or download associated with this site.
6. Separate License Agreement(s). You may acquire software and/or content from
Boat Owners World by download from this site, or otherwise directly from Boat
Owners World. You agree that your
use of such software and/or content shall be strictly in accordance with the
applicable license agreement(s).
7. Registration Data And Privacy. Registration may be required for you to
download from this site, or for your participation in certain services offered at
this site. You must provide certain current, complete, and accurate information
about You as prompted to do so by the registration form ("Registration Data"), and
maintain and update such registration information as required to keep such information
current, complete and accurate. You warrant that your Registration Data is accurate
and current, and that You are authorized to provide such Registration Data. You
authorize us to verify your Registration Data at any time. If any Registration Data
that You provide is untrue, inaccurate, not current or incomplete, Boat Owners
World retains the
right, in its sole discretion, to suspend or terminate rights to use the services.
Registration Data and certain other information about You is subject to our Privacy
Policy which may be accessed from the Boatowner.com home page. Solely to enable
Boat Owners World to use information You supply us internally, so that we are not violating any
rights You might have in that information, You grant to Boat Owners World a nonexclusive license
to (i) convert such information into digital format such that it can be read,
utilized and displayed by Boat Owners World's computers or any other technology currently in
existence or hereafter developed capable of utilizing digital information, and (ii)
combine the information with other content provided by Boat Owners World, in each case by any method
or means or in any medium whether now known or hereafter devised.
8. Registration By Children Under The Age of 13 Is Not Permitted. REGISTRATION
IS NOT AVAILABLE TO CHILDREN UNDER THE AGE OF 13. IF A USER UNDER THE AGE OF 13
ATTEMPTS TO REGISTER WITH BOATOWNER.COM, WE SHALL NOTIFY THE USER THAT HE OR SHE
IS NOT ELIGIBLE, AND WE SHALL NOT COLLECT OR USE ANY PERSONAL INFORMATION FROM SUCH
CHILD.
9. Copyrights. The copyright in all material provided on this site is owned by
Boat Owners World or by Boat Owners World's licensor(s). You acknowledge and agree that this site contains
proprietary information that is protected by applicable intellectual property and
other laws. You further acknowledge and agree that information presented to You
through this site, including text, graphics, logos, icons, images and software, and
the arrangement and compilation of such content, are the property of Boat Owners
World or its
content suppliers and is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Boat Owners World does not grant any license or authorization
to any user of its copyrightable material or other intellectual property, by placing
them on this site. Furthermore, except as stated herein, none of the material may
be copied, reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior written permission
of Boat Owners World or the copyright owner. However, You may print a copy of the information on this
site for Your personal, non-commercial internal use or records. In so doing, You may
not modify the materials and You agree to retain all copyright and other proprietary
notices contained in the materials. This permission does not give You any ownership
rights in the information and terminates automatically if You breach any of these terms
or conditions. If You make any other use of this site, except as otherwise provided
herein, You may violate copyright and other laws of the United States, other countries,
as well as applicable state laws and may be subject to penalties.
10. Trademarks. The trademarks, service marks, and logos (the "Trademarks") used
and displayed on this site are registered and unregistered Trademarks of Boat
Owners World and others.
Nothing on this site should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any Trademark displayed on the site, without
the written permission of the Trademark owner. Boat Owners World aggressively enforces its intellectual
property rights to the fullest extent of the law. The Trademark(s) CONTRACTMAKER may not
be used in any way, including in advertising or publicity pertaining to distribution of
materials on this site, without prior, written permission. Boat Owners World prohibits use of any of
the forgoing names or marks as a metatag or as a "hot" link to any Boat Owners
World site unless
establishment of such a link is approved in advance by Boat Owners World in writing. If You have
any questions regarding any trademarks on the site, please contact Boat Owners
World.
11. Links. This site may provide links to other Internet sites.
Boat Owners World is not
responsible for the availability of such other sites and does not endorse and is not
responsible or liable for any content, products or other materials available on such
other sites. Links to external web sites do not constitute an endorsement by
Boat Owners World of
those sites or the sponsors of such sites or the content, products, advertising or
other materials presented on such sites. Further, Boat Owners World reserves the right to terminate
any link or linking program at any time. Boat Owners World does not author, edit, or monitor
these unofficial pages or links. You further acknowledge and agree that Boat
Owners World 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 use of or reliance on any information,
goods or services available on or through any such site. If You decide to access any
of the third party sites linked to this site, You do this entirely at Your own risk.
12. Participation In Promotions Of Advertisers. You may enter into correspondence
with or participate in promotions of advertisers promoting their products or services
on this site ("Advertisers"). You acknowledge and agree that any such correspondence
or participation, including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations associated with such
correspondence or promotions, are solely between You and Advertiser.
Boatowner.com shall have no liability, obligation or responsibility whatsoever
arising out of or in connection with any such correspondence or participation or
transactions.
13. Monitoring. You acknowledge that Boat Owners World or its designees reserves the right to,
and may from time to time, monitor any and all activity or information transmitted or
received through this site. Boat Owners World, in its sole discretion and without further notice
to You, may (but is not obligated to) review, censor or prohibit any activity or the
transmission or receipt of any Information which Boat Owners World deems inappropriate (such as that
specified in above) or that violates any term or condition of this agreement. During
monitoring, information may be examined, recorded, copied, and used for authorized
purposes. Use of this site, authorized or unauthorized, constitutes consent to such
monitoring. Unauthorized uses and unauthorized users of this site will be prosecuted
to the full extent of the law.
14. NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT
TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT, ALL
GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM
Boat Owners World AND ITS INFORMATION PROVIDERS, Boat Owners World AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS
AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE,
THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON
THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS S ITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF
Boat Owners World AND Boat Owners World'S
AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR P URPOSE, TITLE AND/OR NONINFRINGMENT. YOU ACKNOWLEDGE THAT NEITHER THIS SITE NOR THE
CONTRACTMAKER INTERNET SERVICE IS ENGAGED IN PROVIDING PROFESSIONAL LEGAL SERVICES
OR LEGAL ADVICE, AND THAT IT IS YOUR RESPONSIBILITY TO SEEK COMPETENT LEGAL COUNSEL
TO ADVISE YOU REGARDING THE APPLICABILITY OF ANY CONTENT AVAILABLE ON THIS SITE TO
SPECIFIC FACTUAL SITUATIONS. NO ATTORNEY-CLIENT RELATIONSHIP IS INTENDED NOR CREATED
THROUGH YOUR USE OF THIS SITE, OR THE CONTENT.
YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE CONTENT AVAILABLE AT THIS
SITE. WITHOUT LIMITING THE FOREGOING, NONE OF Boat Owners World NOR Boat Owners
World'S AFFILIATES OR CONTENT
PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS SITE
WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv)
THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE,
OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Boat Owners World OR THROUGH THIS SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15. LIMITED LIABILITY. Boat Owners World AND ALL OF Boat
Owners World's AFFILIATES AND CONTENT PROVIDERS AND
THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF
BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL,
OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND
ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH
DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF
THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO
THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS
OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF
YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT
OF FEES OR PAYMENTS MADE TO Boat Owners World, IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT AT
ISSUE.
16. Indemnity. You shall indemnify, defend, and hold harmless
Boat Owners World and its
content providers and their respective shareholders, affiliates, employees,
agents, successors, officers, and assigns, from any suits, losses, claims,
demands, liabilities, costs and expenses (including attorney and accounting
fees) that they may sustain or incur arising from (i) Your use of the software
available at or downloaded from this site, (ii) Your failure to comply with any
applicable laws and regulations (including without limitation those regarding
the export of products or technology abroad) or to obtain any licenses or approvals
from the appropriate government agencies necessary to purchase or sell the subject
goods and services, (iii) Your use of the content available on this site in any way
contrary to this agreement (d) Your breach of any of Your representations, warranties
or obligations set forth in this agreement, (iv) the sale, purchase, transportation,
delivery, use or disposal of any Boat Owners World service, product, or download associated with
this site or available through other sites, or any loss suffered by or harm to any
person or property in any way relating to of caused in whole or in part by Your use
of this site or any service, product, or download associated with this site (including,
without limitation, any personal injuries or death of any third person caused in whole
or in part by such products or services, the use, transportation, delivery, storage,
handling or release thereof), and (v) any taxes attributable to the relating to any
service, product, or download associated with this site.
17. Beneficiaries of this Agreement; No Other Agreements. The rights and
limitations in this agreement are for the benefit of Boat Owners World and each of
Boat Owners World's content
providers, each of which shall have the right to enforce its rights hereunder
directly and on its own behalf.
18. Termination. You agree that Boat Owners World may, at its sole discretion, deny You access
to the site and disable any user name and password associated with You for any reason,
including, without limitation, if Boat Owners World believes that You have violated or acted
inconsistently with the letter or spirit of this agreement. Boat Owners World reserves the right
at any time and from time to time to modify or discontinue, temporarily or permanently,
the services offered under this site (or any part thereof) with or without notice.
You agree that Boat Owners World shall not be liable to You or to any third party for any
modification, suspension or discontinuance of the services offered under this site.
19. Consumer Rights. Boat Owners World maintains specific contact information including an
e-mail address for notifications of complaints and for inquiries regarding pricing
policies. All correspondence should be addressed to Boat Owners World's agent for notice at the
following address:
20. Place of Business. This web site (excluding linked sites) is controlled by
Boat Owners World from its offices within the the Province of Quebec,
Canada. It can be accessed from all 10 Provinces. 50 states, as well as from
other countries around the world. As each of these places has laws that may
differ from those of Quebec, Canada, by accessing this web site both you and
Boat Owners World agree that the statutes and laws of the Province of
Quebec, Canada, without regard to the conflicts of laws principles thereof, will
apply to all matters relating to use of this web site.
You and Boat Owners World also agree and hereby submit
to the exclusive personal jurisdiction and venue of the Municipal Court of
Montréal, Quebec, Canada with respect to such matters. Boat Owners World
makes no representation that materials on this web site are appropriate or
available for use in other locations, and accessing them from territories where
their contents are illegal is prohibited. Those who choose to access this site
from other locations do so on their own initiative and are responsible for
compliance with local laws.
The Boat Owners World web site contains links to
third-party web sites. The linked sites are not under the control of Boat
Owners World, and Boat Owners World is not responsible for the contents of
any linked site or any link contained in a linked site. Boat Owners World
is providing these links only as a convenience, and the inclusion of a link does
not imply endorsement of the linked site by Boat Owners World.
21. BUYER AND SELLER BEWARE. Buyers and Sellers should be prudent and careful in
any exchange of monies, contracts, legal documents, and written or verbal
communications as Boat Owners World cannot guarantee the validity of any
"businesses" or "individuals" that choose to advertise on our sites.
BoatOwner.Com / Boat Owners World does not offer a Payment Protection Service or
any other type of buyer or seller protection. For your protection we encourage
the use of a reputable escrow services and to be certain to verify it is a
reputable institution. Sellers should allow sufficient time to insure that all
monies received have cleared their bank.
Notification of Consumer Rights Complaint or Pricing Inquiry:
Boat Owner's World., Contact: