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Terms and Conditions of Use
1. Ownership of Site This BoatStock.com™ Web site (the "Site") is owned and operated by BoatStock.com, LLC, a New Jersey limited liability company (the "Company").All right, title and interest in and to the content displayed on the Site, including but not limited to the Site's look, information, text, graphics, images, sound and video materials, designs, trademarks, service marks, trade names and the URL (collectively the "Content"), is exclusively the property of the Company and/or its partners or licensors. 2. Usage Subject to Agreement Your use of the Site is governed by the following terms and conditions (the "Terms"). Please read them carefully. By using the Site, you acknowledge that you have read and understand, and that you agree to be bound by, the Terms. 3. Amendments The Company hereby reserves the right, in its sole discretion, to amend the Terms at any time without notice. A link to the currently effective Terms, and any and all prior versions thereof, can be reviewed by clicking on the link on the Site's home page. It is your responsibility to keep yourself updated as to any amendments to the Terms. 4. No License Except as otherwise may be expressly provided in the Terms or in another written agreement between you and the Company, nothing contained in the Terms or on the Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, in, under or to any or all of the Company's intellectual property rights, or in, under or to any intellectual property rights of any of the Company's partners or licensors. 5. No Unauthorized Use Without the prior written consent of the Company no person or entity, directly or indirectly, may: (A) Copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any way exploit, this Site, the Content, or any part thereof; (B) offer all or any part of this Site or the Content for sale; (C) distribute all or any part of this Site or the Content over, through or by means of any medium; (D) make all or any part of this Site or the Content available as part of or in connection with another Web site, whether by hyperlink framing, on the Internet or otherwise; (E) store all or any part of this Site or the Content in any database(s) for subsequent access or use in contravention of any of the foregoing prohibitions. Upon your use of the Site you thereby automatically are granted a nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, and distribute the Content retrieved from the Site for your own legitimate purposes, provided that: (A) such use of the Content does not interfere with the Company's business; (B) you do not remove or obscure the copyright notice or other notices displayed on the Content; and (C) you use the Content only for the purpose(s) for which it is intended and made available to you. Any and all rights not expressly granted herein are reserved to the owners thereof. 6. Non-Company Material Any and all information, content, data, text, links and other materials ("Non-Company Material") posted or placed in or on the Site by site visitors to the Site or customers of the Company (each a "Customer" and collectively the "Customers"), including but not limited to Non-Company Material posted or placed in or about any message boards, Customer sub-sites, or other interactive areas accessible to or by Customers and/or the public (collectively, "Interactive Areas"), are the sole responsibility of the persons from whom or entities from which the Non-Company Material originated. The Company does not control any such Non-Company Material, and therefore does not guarantee the accuracy, integrity, suitability or quality of such Non-Company Material. Non-Company Material is not confidential, and the Company may use or reproduce such Non-Company Material as it sees fit in its sole discretion. The Company cannot and will not monitor the Non-Company Material, but hereby reserves the right to delete, move or edit any Non-Company Material that comes to its attention and which it considers, in its sole discretion, to be unacceptable, unsuitable or inappropriate, whether for legal, other, or no reasons. THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY AND RESPONSIBILITY TO SITE VISITORS OR MEMBERS OR ANY OTHER PERSON OR ENTITY FOR ANY AND ALL LOSSES, CLAIMS, CHARGES, DAMAGES, COSTS, AND EXPENSES RESULTING FROM OR IN ANY WAY ARISING OUT OF ANY CONTENT OR NON-COMPANY MATERIAL POSTED IN, ON OR ABOUT THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS, OMISSIONS OR MISREPRESENTATIONS HAVING TO DO THEREWITH. 7. BoatStock.com™ is Only a Venue. Except as otherwise is expressly stated in the Site, the Company is not a seller or dealer of any of the goods or services which may be offered for sale on or by means of the Site ("Non-Company Goods"). The Site is intended principally to act as a venue to allow anyone to offer, sell, and buy just about any boating-related good or service, at anytime, from anywhere, on their own terms and conditions (and within the parameters of the agreement entered between them and the Company). The Company is not involved in any actual transaction between a buyer and seller. Therefore, with respect to Non-Company Goods advertised or offered for sale on or by means of the Site, the Company has no control over the quality, truth or accuracy of any representations made or not made in any Content or by any Customer, the quality or safety of any Non-Company Goods, the ability of a seller to sell any Non-Company Goods, or the ability of any buyer to buy any Non-Company Goods. The Company cannot and does not ensure that a buyer or seller will actually complete a transaction. The Company also cannot and does not ensure the identity of a buyer or seller. Because we are principally merely a venue, in the event that you have a dispute with any Customer, visitor, or user of the Site, by using the Site you automatically release the Company (and its managers, officers, agents, representatives, affiliates, partners, joint ventures and employees) from any and all claims, demands and damages (actual, incidental and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you thereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 8. Information Control. We do not control the information provided by you or to you to any Customer or other user of the Site that is or may be made available on or by means of the Site or your or their use thereof. You may find such information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and exercise safe and prudent business sense when using our site. Please note also that there may be a risk that any person you deal with on or through the Site may be legally underage, legally incompetent, or acting under false pretenses. There may be other and different risks and consequences when dealing with internationally and/or with foreign nationals. 9. Links This Web site provides links to other Web sites that are completely independent of this Web site. The Company makes no representation or warranty as to the content, ownership or legality of any such linked Web sites. In no event should any link to another Web site be construed as an endorsement by the Company of that Web site or of the products or services described therein. Site visitors and members should also be aware that such linked Web sites may have privacy policies and/or terms of use which differ from those of the Company. 10. Breach. Without limiting the foregoing and any other right or remedies the Company has or may have, the Company reserves the right (but disclaims the obligation) to refuse to provide you access to the Site if: (a) You breach this Agreement in letter or in spirit; (b) it is unable to verify or authenticate any information you provide; or (c) it believes that your actions may cause financial loss or legal liability for you, any Site user, any Customer, or the Company. 11. Privacy. The Company does not sell or rent your personal information to third parties for marketing purposes without your consent, and only uses your information pursuant in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available for review by clicking on the link provided on the Site's home page. 12. No Warranty. THE COMPANY, ITS AFFILIATES, AGENTS, REPRESENTATIVES, PARTNERS, AND EMPLOYEES PROVIDE THE SITE, THE CONTENT AND ITS ACCOMPANYING SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE COMPANY, ITS AFFILIATES, AGENTS, REPRESENTATIVES, PARTNERS, AND EMPLOYEES HEREBY SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Warranties give you specific legal rights. You may also have other legal rights that vary from state to state. 13. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, the Content and the accompanying services, and your bidding on, listing, purchasing, solicitation of offers to purchase, and sale of items. 14. No Agency. You and the Company are independent of one another, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 15. Notices. Except as explicitly stated otherwise, any notices to the Company shall be addressed to the Company's address first above written. 16. Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement, the Site, the Content or the accompanying services, excluding legal action taken by the Company to collect any sums due it and/or to obtain an injunction relating to the Site's operation, or the Company's intellectual property shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Princeton, New Jersey, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or the Company may seek any interim or preliminary relief from any court of competent jurisdiction sitting in Mercer County, New Jersey, or in the United States District Court for the District of New Jersey, necessary to protect the rights or property of you or the Company pending the completion of arbitration. Should either party commence an action or proceeding contrary to this provision, the other party may recover reasonable attorneys' fees and costs incurred up to and including $2,000.00. 17. Additional Policies. Any additional policies to which links are provided on the Site's home page hereby are incorporated into this Agreement by reference. 18. Miscellaneous. This Agreement shall be governed in all respects by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents. The Company does not guarantee continuous, uninterrupted or secure access to the Site or its services, and operation of the Site may be interfered with by numerous factors outside of the Company's control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement, and the Company's obligations hereunder, may be assigned automatically by the Company, in its sole discretion, to a third party in the event of a merger or other reorganization of or by the Company. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section hereof. The Company's failure to act with respect to a breach by you or others does not waive the Company's right to act with respect to any subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof. The Sections hereof relating to Release, License, Access and Interference, Liability Limit, Indemnity and Arbitration shall survive any termination or expiration of this Agreement. Version 2 - 9/10/2002
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