American
  Home | Boats for Sale | Boat Loans | Insurance | Transport | Marine Directory | Charters

YachtWorld.com Terms of Use

The use of the YachtWorld.com Web site ("Web site") is governed by the terms and conditions set forth below ("Terms of Use"). Please read them carefully. By using this Web site you agree to be bound by the Terms of Use. If you are a member or trial member with access to Boat Wizard, your use of this site is also governed by the terms and conditions set forth in the Service Agreement. This Web site is owned and operated by boats.com, Inc. ("Boats"). Boats reserves the right, in its sole discretion, to revise the Terms of Use at any time. A link to revisions will be posted at the home page of the Web site and it is your responsibility to check that page regularly to learn about the revisions. By using this Web site after the revision of the Terms of Use, you agree to be bound by such revisions. If you find the Terms of Use to be unacceptable to you, you must immediately terminate your use of this Web site.

Ownership

All rights, title and interest in and to the content displayed on the Web site, including but not limited to the Web site's look and feel, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names and the URL ("Content"), is the property of Boats or its partners, agents and third parties.

License

Except as expressly provided in this Section, nothing contained in the Terms of Use or on the Web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of Boats' intellectual property rights, or under any third party's intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means except as expressly stated in the Terms of Use.

You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, and distribute the Content retrieved from this Web site provided that (a) such use of the Content does not interfere with Boats' business and (b) you do not remove or obscure the copyright notice or other notices displayed on the Content. Any rights not expressly granted herein are reserved.

Interactive Areas

All information, data, text or other materials ("Materials") posted by site visitors or members anywhere on the Web site, including but not limited to forums, the Boating Yellow Pages, or other interactive areas (collectively, "Interactive Areas"), are the sole responsibility of the person from whom the Materials originated. Boats does not control the Materials posted in the Interactive Areas and, as such, does not guarantee the accuracy, integrity or quality of such Materials. Materials posted in the Interactive Areas are not confidential and Boats may use or reproduce such Materials as it sees fit. Boats cannot and will not monitor all of the postings in the Interactive Areas, but reserves the right (with no obligation) to delete, move or edit any postings that come to its attention that are considered by it unacceptable or inappropriate, whether for legal or other reasons. Boats HAS NO LIABILITY OR RESPONSIBILITY TO SITE VISITORS OR MEMBERS OR ANY OTHER PERSON OR ENTITY FOR CONTENT/MATERIALS POSTED ON THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS, OMISSIONS OR MISREPRESENTATION IN ANY CONTENT/MATERIALS.

Every site visitor and member agrees that s/he will not use the Interactive Areas to:

1. Violate any local, state, national or international laws;

2. Post Materials that infringe the intellectual property rights, including without limitation, trademark, copyright, patent and trade secret rights, of others;

3. Post Materials that infringe the privacy or publicity rights of others;

4. Post information that the site visitor or member knows to be false or misleading;

5. Post Materials that are unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, tortious, libelous, vulgar, invasive of another's privacy, racially, ethnically or otherwise objectionable or embarrassing to a third party,

6. Post chain letters, junk mail, pyramid schemes, spam or other forms of advertisements or solicitations;

7. Collect or store personal data about others;

8. Impersonate another person, whether a third party or a Boats representative or moderator; or falsely state or otherwise misrepresent site visitor's or member's affiliation with a person or entity;

9. Engage in any conduct that limits any other person from using or enjoying the Interactive Areas;

10. Engage in any conduct that, in Boats' opinion, exposes Boats or any of its affiliates, customers or suppliers to any liability or detriment of any type;

11. Alter, delete, interfere with or otherwise damage any Web site content.

Confidentiality

Your confidential use of the Web site cannot be guaranteed by Boats. Boats discourages you from sending any information that you consider to be confidential or proprietary through this Web site and Boats is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality with respect to your use of this site. Please note that if you do send us any such information or material, Boats will assume it is not confidential. By sending Boats information or material, you grant Boats an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Boats is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Security

We take every precaution to protect our site visitor's and member's information. When site visitors or members submit sensitive information via the Web site at Boats' request such information is protected both online and off-line.

When our registration/request form asks site visitors or members to enter sensitive information, that information is encrypted and is protected with the best encryption software in the industry, secure socket layer (SSL). While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer appears locked.

While we use SSL encryption to protect sensitive information online, we also do everything reasonably in our power to protect site visitor and member information off-line. All of our members' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific task (for example, our billing clerk or a customer service representative) are granted access to personal information. Finally, the servers on which we store personal information are kept in a secure environment.

If you have any questions about the security at the Web site, you can send an e-mail message to cs@yachtworld.com.

No Representations or Warranties

The Web site may include inaccuracies, outdated information, defects, omissions and/or other errors. Boats does not make any representations regarding the use of this site's content including its accuracy, reliability or correctness. Boats reserves the right to modify the information displayed on this Web site but it does not make any commitment to update the information displayed on this Web site. TO THE EXTENT PERMITTED BY LAW, THE CONTENT PROVIDED ON THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION, DATA, TEXT, DOCUMENTS AND GRAPHICS, IS PROVIDED "AS IS". ALL EXPRESS AND/OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY RIGHTS (INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS OF ANY KIND) ARE EXPRESSLY EXCLUDED.

Users of this Web site should not rely upon opinions expressed at this Web site when making business, financial, personal or any other decisions.

Limitation of Liability

IN NO EVENT WILL BOATS.COM, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, ECONOMIC, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE, OR USE OF ANY LINKED WEB SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING FROM BREACH OF CONTRACT, NEGLIGENCE AND ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY, EVEN IF BOATS HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION PROCESSING SYSTEM.

BOATS EXPRESSLY DISCLAIMS ANY LIABILITY FOR THIRD-PARTY INFORMATION OR OPINIONS POSTED ON THIS WEB SITE THAT ARISES UNDER CRIMINAL OR CIVIL LAWS RELATING TO DEFAMATION, INTELLECTUAL PROPERTY INFRINGEMENT, PRIVACY, OBSCENITY, OR ANY OTHER AREA OF LAW.

Links

This Web site provides links to other Web sites that are completely independent of this Web site. Boats 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 Boats 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 Boats.

Termination of Use

Boats reserves the right to terminate any member's use of this Web site by disabling that member's access to BoatWizard immediately without notice if Boats in its sole discretion determines that your use of this Web site does not comply with the Terms of Use, or violates any local, state, national or international laws, or interferes with others' use of this Web site, or adversely affects operations of the Boats business.

Additional Legal Matters

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its principles of conflicts of law. Any disputes or controversies arising out of the Terms of Use shall be subject to the exclusive jurisdiction of the Federal Courts of the United States of America and/or the State Courts of California and the venue for such disputes shall rest solely in San Francisco County, California, USA. The Terms of Use (and, in the case of members, the Service Agreement) constitute the entire agreement with respect to your access to and use of this Web site. Any provision of the Terms of Use that is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from the Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of the Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

Privacy

Our privacy policy is described in the Privacy Statement. Please refer to it to learn about Boats' information collection practices.

Copyright

Copyright 2003 boats.com, Inc. All rights reserved.