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.