myBoat.com Terms of Use
myBoat.com's Website and services are offered to you
conditioned on your acceptance without modification of the following terms and
conditions ("Terms of Use"). Your use of this Website, or submission of
requests via Web form, email, telephone, live chat, or any other means,
constitutes your agreement to all such terms and conditions in effect at such
time. We may amend these Terms of Use at any time by posting a revised version
of these Terms of Use on myBoat.com. These Terms of Use were last updated on 7/11/2011.
1. General
Provisions
The material that appears on myBoat.com is for
information purposes only. Despite our best efforts to provide useful and
accurate information, errors may appear from time to time. Before purchasing a
boat or any other goods or services you read about on myBoat.com, you should
confirm with the dealer, vendor, seller, service provider, or other content
provider, any information that is important to your purchasing decision.
Disclaimer
MYBOAT.COM IS NOT RESPONSIBLE FOR, AND DOES NOT
GUARANTEE, THE ACCURACY OF ANY INFORMATION OR PERFORMANCE OF ANY SUCH VESSELS,
GOODS, OR SERVICES DISPLAYED ON OR THROUGH OUR SITE.
MYBOAT.COM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE CONTENT OF ITS WEB SITE FOR ANY PURPOSE. ALL CONTENT IS PROVIDED
"AS IS" WITHOUT ANY WARRANTY OF ANY KIND. ALL MANUFACTURERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. MYBOAT.COM DOES NOT WARRANT THE ACCESSIBILITY OF
THE SITE OR THE AVAILABILITY OF ANY PRODUCTS DESCRIBED THEREIN. IN NO EVENT
SHALL MYBOAT.COM BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION
WITH THE USE, COPYING OR DISPLAY OF THE CONTENT ON THIS SITE, INCLUDING, BUT
NOT LIMITED TO, DAMAGES RELATING TO THE LOSS OF USE, DATA OR PROFITS, WITHOUT
REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTIONS. ALTHOUGH MYBOAT.COM HAS TRIED TO BE AS
ACCURATE, COMPLETE AND CURRENT AS POSSIBLE, MYBOAT.COM DOES NOT WARRANT THAT
THE CONTENT OF ITS WEB SITE IS ACCURATE, COMPLETE OR CURRENT. THE CONTENT MAY
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. IT IS YOUR
RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT.
If you find any material on our Website that you believe
to be inaccurate, offensive, or misrepresentative, please forward a copy to our
Website
Administrator coupled with an explanation of your objection.
2. User
Generated Content
You have the ability to interact with the Website and
other users by listing vessels for sale, posting comments, offering ratings and
feedback, engaging in discussions, participating in forums, uploading photos,
and a variety of other ways (collectively referred to as "User Generated
Content".
To post User Generated Content on the Website, you must
first complete the Website registration process to create an account with an
email address and password (the "Account"). You agree to be liable
for any User Generated Content posted using your Account and for any
transactions associated with your Account.
A. Representations
and Warranties
By submitting or posting any
User Generated Content, you warrant and represent that:
1. You
own all rights in your User Generated Content or you have acquired all
necessary rights in your User Generated Content to enable you to grant to myBoat.com
the rights;
2. You
have paid and will pay in full all license fees, clearance fees, and other
financial obligations, of any kind, arising from any use of commercial
exploitation of your User Generated Content;
3. Your
User Generated Content is not defamatory in nature, and does not infringe upon
the intellectual property rights, privacy, rights to publicity or any other
legal or moral rights of any third party;
4. You
fully disclose if you are a direct competitor of another author or another
posting user, or otherwise have an interest adverse to the author or another
posting user;
5. You
will not stalk, threaten, or harass authors or other users or infringe upon,
invade or attempt to infringe upon or invade their privacy; and
6. You
will not post any information or material which may constitute or encourage
conduct that violates any applicable law.
When you submit ideas,
suggestions, or proposals (collectively, "Ideas") to us, you agree
that: (1) your Ideas do not include confidential or proprietary information,
you have all necessary rights to submit them and that they do not and will not
infringe or violate any third party rights; (2) we may use and disclose your
Ideas in any way; and (3) we have no obligation to pay or reimburse you for
your Ideas or our use of your Ideas. You also acknowledge that we may have
already created, or be in the process of creating, content that may be
substantially similar to your Ideas at the time you submit them to us. Elements
of your Ideas and work samples may not be subject to protection under copyright
law.
3. Ownership
of Rights for User Generated Content; License Rights
You grant myBoat.com a worldwide, royalty-free, freely
transferable, freely sub-licensable, non-exclusive license to use, reproduce,
modify, transmit, distribute, publicly perform and display, and create
derivative works of the User Generated Content, in any form, media, or
technology now known or later developed. You agree that we may display your
User Generated Content and your user name or actual name along with your User
Generated Content.
You retain ownership of your copyrights and other
intellectual property and proprietary rights in any User Generated Content you
post, subject to the non-exclusive rights you grant to us as described herein.
4. Prohibited
Content
You agree not to submit or post to the Website any
content that is or could appear to be:
A. Untrue,
misleading, harmful, threatening, abusive, harassing, defamatory, vulgar,
libelous, invasive to another person's privacy or protected data, hateful, or racially,
ethnically or otherwise objectionable;
B. Infringing
upon a third party's rights, including any patent, trademark, trade secret,
copyright, right of publicity, or other proprietary rights of any part;
C. Of a
type that you do not have a right to transmit such as inside, proprietary, or
confidential information;
D. Unsolicited,
undisclosed or unauthorized advertising;
E. Software
viruses, computer code, files, or programs designed to interrupt, destroy, or
limit the functionality of any computer software, hardware, or
telecommunications equipment;
F. Data
or information obtained or acquired in an unauthorized way, or which such
posting would constitute unauthorized use; or
G. In
violation of any applicable local, state, national or international law or
statute.
5. Prohibited
Conduct
You agree not to do, or attempt to do, any of the
following:
A. Access
or use the Website in any way that violates or is not in full compliance with
any applicable local, state, national or international law;
B. Access,
tamper with, or use areas of the Website that you are not authorized to access;
C. Alter
information on or obtained from the Website;
D. Tamper
with postings, profiles, submissions, or User Generated Content of other users;
E. Use
any robot, spider, scraper or other automated means to access or extract data from
the site or transmit any unsolicited advertising, junk mail, spam, or chain
letters;
F. Frame
any part of the Website, or link to the Website, or otherwise make it look like
you have a relationship with us or that we have endorsed you or your User
Generated Content;
G. Impersonate
or misrepresent your affiliation with any person or entity;
H. Reverse
engineer any aspect of the Website or do anything that might discover source
code, or circumvent measures employed to restrict access to any area, content
or code of the Website;
I.
Send or post harmful, illegal, deceptive or disruptive code such as a
virus, spyware, adware or other code that could adversely impact the Website or
any recipient; or
J.
Take any action which might impose a significant burden on the Website's
infrastructure, computer systems, or otherwise interfere with the ordinary
operation of the Website.
6. Monitoring
User Generated Content
While we strive to maintain high standards for this Website,
we are under no obligation to regularly monitor the accuracy or reliability of
User Generated Content appearing on the Website.
We reserve the right to modify or remove any User
Generated Content at any time. myBoat.com neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice, information, or statement
made on this Website. Any opinions, advice, statements, services, offers, or
User Generated Content expressed by third parties, are those of the respective
author(s) and not of myBoat.com.
7. Protection
of Website Content
Our Website is protected by intellectual property laws. myBoat.com
grants you a limited, revocable, non-transferable, non-sub-licensable,
non-exclusive license, under the rights myBoat.com has in the content on the Website,
to privately display and perform the Website on your computer or mobile device for
your own personal, non-commercial purposes. myBoat.com reserves all other
rights in the content on the Website, on its own behalf and the behalf of its
licensors, and myBoat.com does not, directly or by implication, grant any other
rights or licenses to you under these Terms of Use.
YOU MAY NOT REPRODUCE, DISTRIBUTE, MODIFY, PUBLICLY
PERFORM OR DISPLAY, OR PREPARE DERIVATIVE WORKS OF ANY CONTENT ON THE WEBSITE
WITHOUT PRIOR WRITTEN CONSENT FROM MYBOAT.COM OR THE THIRD-PARTY OWNER OF THE
RIGHTS IN THAT USER GENERATED CONTENT.
8. Copyright
Infringements
If you believe that your work
has been made accessible on the Website in a way that constitutes copyright
infringement, please notify us in writing by providing the following
information:
A.
Identification of the copyrighted work
that you claim has been infringed;
B.
Identification of the material on the
Website that is claimed to be infringing and information sufficient to permit myBoat.com
to locate the material (providing a URL to the material for example);
C.
The electronic or physical signature of
the owner of the copyright or the person authorized to act on the owner's
behalf;
D.
Your name, address, telephone number,
and email address;
E.
A statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; and
F.
A statement that the information in
your notification is accurate and a statement made under penalty of perjury, that
you are the copyright owner or are authorized to act on the copyright owner's
behalf.
Copyright notices can be sent
to:
myBoat.com
Attn: Copyright Agent
PO Box 536
Palm Harbor, FL 34682.
9. Ratings
& Reviews Not Endorsed by myBoat.com
All ratings and reviews of dealers and service providers
reflect the opinions of other consumers. Reviews do not reflect the views of
myBoat.com; its parent, subsidiary or affiliated companies; its employees,
officers, directors, or shareholders. myBoat.com does not assume responsibility
or liability for any review or for any claims, damages, or losses resulting
from any use of the Website or the materials contained therein.
10. Services
myBoat.com is not a dealer,
broker, agent, service provider, technician, transportation company, importer,
exporter, bank, insurance company, or other legal or licensed entity that
directly performs work, on or for, marine vessels or other recreational vehicles.
The Website is a venue where buyers, sellers, and owners of boats can connect,
communicate, gather information, and initiate transactions. myBoat.com is not
involved in the actual transaction between buyers, sellers, service providers,
and owners, as a result, we have no control over the quality, safety, or legal
aspects of the transactions that were either initiated or take place through our
Website.
myBoat.com does not prequalify
or validate the claims of service providers, dealers, sellers, or individuals,
including with respect to their qualifications, licensure, insurance and
registration. We and our Website function solely as a neutral venue where two
parties may connect for a particular type of service. You acknowledge and agree
that we do not provide the services and we are not in any way responsible for
assisting you in any manner with your provision of the services. We cannot
guarantee the ability of members to complete payment for any of the provided
services.
Furthermore, due to the
difficulty of individual authentication, we cannot in any manner verify or
confirm the identity or ability of customers to pay for the provided services.
You acknowledge and agree that any and all communications, correspondence,
verbal or written, or any warranties or representations, made with regard to
the services are not provided by myBoat.com and are solely between you and the
other user. Because myBoat.com is not involved in the actual transaction
between buyers and sellers or service providers, we have no control over the
accuracy of listings, the ability of service providers to provide the actual
service represented, or the ability of buyers to purchase goods or services. We
cannot guarantee that a buyer will complete a purchase.
A.
Connecting
Boat Sellers and Boat Buyers
i.
myBoat.com
is a boat listing and information service that connects boat buyers with boat
sellers. The price and other terms of any sale remain subject to direct
negotiation between the buyer and the seller. The prices listed by sellers on myBoat.com
often exclude tax, finance charges, title, or other fees, all of which may be
added to the advertised price. We can't verify the seller's information or
guarantee the boat they offer.
ii.
Responsibility
for the information contained in each listing lies with the seller.
iii.
Listings
may be screened before being posted publicly. We may also screen email messages
sent to sellers. This process may delay the display of your listing or inquiry.
iv.
When
you offer a vessel for sale through myBoat.com, you must have possession of the
actual vessel listed and the ability to transfer title.
v.
Only
one vessel may be listed per ad purchased regardless of ad duration. For this
reason, you cannot edit your vessel's Year, Make, or Hull ID Number (HIN #)
once you've purchased your ad.
vi.
Individuals
who seek to list more than three (3) vessels on the myBoat.com Website
simultaneously, as well as all dealers and brokers, must advertise their boats
using our dealer advertising packages. Visit our Dealer page (link) for
more details.
vii.
As
a seller, you agree to pay the fees specified for the ad package you select,
regardless of whether your vessel sells as a result of the listing. Listing
fees are non-refundable, even if you provide erroneous information or fail to
sell your vessel.
B. Service
and Referral Directory
Upon selecting a service
category and notifying us of your location, we will provide you with a list of
service providers in your area, if any, who may be able to fulfill your service
need.
While we review and certify
some credentials for some of our service providers, myBoat.com makes no
guarantees or representations regarding the skills or representations of such
service provider or the quality of the job that they may perform for you if you
elect to retain their services.
Any quotes provided by service
providers via the myBoat.com Website are not contractually binding offers, are
for informational purposes only, and cannot be paid for through the myBoat.com Website.
It is entirely up to you to enter into a direct contract with a service provider.
myBoat.com does not guarantee or warrant their performance on the job or the
outcome or quality of services performed.
myBoat.com does not perform,
and is not responsible for, any of the services requested by you in your
service request. Your rights under contracts you enter into with service providers
are governed by the terms of such contracts and by applicable federal, state,
provincial and local laws. Should you have a dispute with any service provider,
you must address such dispute with the service provider directly.
YOU HEREBY AGREE TO RELEASE MYBOAT.COM;
ITS PARENT, SUBSIDIARY OR AFFILIATED COMPANIES; ITS EMPLOYEES, OFFICERS,
DIRECTORS, or SHAREHOLDERS, AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY
DAMAGES OR CLAIMS OF EVERY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH
YOUR DEALINGS WITH SERVICE PROVIDERS.
C. Ask an Expert
myBoat.com
is a venue that allows individuals to ask questions and experts to answer. Experts
determine which questions they answer; experts are not employees or agents of myBoat.com
but are simply Website users.
myBoat.com is not involved in the conversation between individuals
and experts and does not endorse or recommend particular experts. You agree
that myBoat.com does not edit, modify, endorse, or guarantee the content of posts
and answers. Accordingly, myBoat.com is not liable for any acts or omissions of
experts, content in posts, qualifications of experts to answer questions, or
the ability of individuals to pay for services requested. We cannot ensure that
an individual or expert will complete a transaction.
D. Managed Services
myBoat.com offers referral services for users seeking
guidance on specific topics. Our agents may refer users directly to service
providers. myBoat.com may be compensated for such referrals.
No contractual arrangement is
created between the user and service provider based upon the referrals we
provided. It is entirely up to the user to enter into a direct contract with a
service provider, and we do not guarantee or warrant their performance on the
job or the outcome or quality of services performed.
myBoat.com does not perform,
and is not responsible for, any of the services requested by you in your
service request. Your rights under contracts you enter into with service
providers are governed by the terms of such contracts and by applicable
federal, state, provincial and local laws. Should you have a dispute with any
service provider, you must address such dispute with the service provider
directly.
YOU HEREBY AGREE TO RELEASE
MYBOAT.COM; ITS PARENT, SUBSIDIARY OR AFFILIATED COMPANIES; ITS EMPLOYEES,
OFFICERS, DIRECTORS, or SHAREHOLDERS, AND ANY OTHER PERSON, FIRM, OR ENTITY
FROM ANY DAMAGES OR CLAIMS OF EVERY KIND ARISING OUT OF OR IN ANY WAY CONNECTED
WITH YOUR DEALINGS WITH SERVICE PROVIDERS.
E. Advice
myBoat.com
publishes articles and other content on its Website for informational and
educational purposes only. The information provided through any article is not intended
to be a substitute for legal or other professional advice. If any user requires
legal or other professional advice, each user should consult their own legal or
other professional advisors and discuss the specific facts and circumstances
that may apply.
11. Information You
Provide to Us
When using myBoat.com services, you will be prompted to
disclose certain information about yourself and your service requirements. Some
of this information will be sent to service providers who will need this
information to respond to you in connection with your request. By providing
this information to us, or by submitting a service request, you are requesting,
and you expressly consent to being contacted by us and by service providers and
sellers at any of your contact numbers or addresses, even if you are listed on
any federal, state, provincial or other applicable "Do Not Call" lists.
12. Google Site
Stats
myBoat.com displays some ads that are delivered by
Google.
Relevant Ads, Quality Advertisers
Google measure the performance of the advertising it
delivers. By providing a tool to more accurately measure the performance of the
ads they deliver, Google (and advertisers) will be abel to improve the quality
and relevance of the ads that you see.
Your Privacy
To measure performance, Google uses small strings of text
(known as cookies) that are placed on your computer when you click on ads.
Cookies typically remain active on your computer for about 30 days. If you
visit certain pages of the advertiser's website during that period, Google and
the advertiser will be able to tell that you saw the ad delivered by Google.
If you'd like to know more about how Google handles
information gathered from the sue of cookies, please read Google's privacy policy. If you want
to disable the use of cookies, you can reset your browser to refuse all cookies
or to indicate when a cookie is being sent. Be aware, however, that some
websites may not function properly if you refuse to accept cookies.
13. Your Use of the
myBoat.com Services
You agree that your use of myBoat.com is for your
personal use and not for commercial purposes. You may not use the myBoat.com Website
or services to recreate or compete with myBoat.com, to solicit or harass myBoat.com
service providers, or for any other purpose. We reserve the right to revoke
your access to the myBoat.com Website and services at any time.
14. Links to 3rd
Party Sites
myBoat.com links to other Websites that we don't operate
where you can obtain boat related products and services. We cannot guarantee
the prices, terms, quality, reliability or performance of the products or services
provided by these third party service providers. MyBoat.com is not responsible
for the products or services that these service providers deliver. You release myBoat.com
from any damages that you may incur, and agree not to assert any claims against
them, arising from your purchase or use of third-party supplied products and
services.
15. Indemnification
As a condition of your access to and use of the Website
and services, you agree to hold myBoat.com, its parent, subsidiary or
affiliated companies, its employees, officers, directors, or shareholders harmless
and indemnify them for, all damages, costs, expenses and other liabilities relating
to any claim arising out of or related to: (1) your access to and use of the
Website and the content therein; (2) your violation of these Terms of Use, and
any applicable law or the rights of another person or party; (3) any dispute
you have or claim to have with one or more users of the Website; (4) myBoat.com's
resolution of any dispute you have or claim to have with one or more users of
the Website; (5) your improper authorization for myBoat.com to collect, use or
disclose any data or User Generated Content provided by you; and (6) any
disclosures made with your permission. Furthermore, you fully understand and
agree that: (7) myBoat.com will have the right but not the obligation to
resolve disputes between users relating to the Website and myBoat.com's resolution
of a particular dispute does not: (a) create an obligation to resolve any other
dispute; and (b) myBoat.com's resolution of a dispute will be final with
respect to the Website.
16. Other Provisions
You agree that the myBoat.com services are provided to you
on an "AS IS" basis without any warranty whatsoever, and your sole
and exclusive remedy, and myBoat.com's sole obligation to you or any third
party for any claim arising out of your use of the myBoat.com services or the myBoat.com
Website, is that you are free to discontinue use of the myBoat.com services or Website
at any time.
The Terms of Use will inure to the benefit of myBoat.com's
successors, assigns affiliates, and licensees. If any provision of these Terms of
Use shall be deemed unlawful, void or unenforceable, for any reason, by any
court of competent jurisdiction that provision shall be modified in order to
make it enforceable, while maintaining the spirit of the provision.
Alternatively, if modification is not possible, such provision shall be
stricken and shall not affect the validity and enforceability of the remaining
terms. The failure of myBoat.com to exercise or enforce any right or provision
of the Terms of Use shall not constitute a waiver of such right or provision.
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 myBoat.com services or
the Terms of Use must be filed within thirty (30) days after such claim or
cause of action arose. The section titles in the Terms of Use are for
convenience only and have no legal or contractual effect. These Terms of Use
are governed by the laws of the State of Florida as such laws are applied to
agreements entered into and to be performed entirely in the State of Florida
and between Florida residents. You agree to submit to jurisdiction in Florida
and that any claim arising out of or related to these Terms of Use will be
brought solely in a court in Pinellas County, Florida.