Terms of Use

BOATQUEST TERMS OF USE

Please read the Terms of Use carefully. Your agreement to comply with the Terms of Use is a binding legal contract between you and Yachting Promotions, Inc. d/b/a/ BoatQuest.com (“BoatQuest”).

1. Introduction: Your use of the BoatQuest.com website and services (collectively, the “BoatQuest Website”) is subject to the terms and conditions set forth below. By accessing or using the BoatQuest Website, you are agreeing to comply with these Terms of Use, as well as any other agreements and policies that may apply to you, including, without limitation, the BoatQuest Membership Agreement, and the BoatQuest Privacy Policy.

2. Changes to the Terms of Use: BoatQuest may change or modify these Terms of Use at its sole discretion at any time by posting the revised Terms of Use at the BoatQuest Website. Any changes to the Terms of Use shall be automatically effective immediately upon posting. Your continued use of the BoatQuest Website after the posting of the revised Terms of Use constitutes your agreement to comply with the revised Terms of Use.

3. Changes to the BoatQuest Website: BoatQuest reserves the right to change, modify or discontinue, temporarily or permanently, the BoatQuest Website or any portion thereof, including any and all content contained on the BoatQuest Website, at any time without notice. You agree that BoatQuest shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the BoatQuest Website or any portion thereof.

4. Website Content and License to Access: The BoatQuest Website enables users to access text, images, audio and video materials, computer code, and other services, products, and materials (the “Content”). With the exception of User Submitted Materials, as defined in Section 5, BoatQuest owns all rights, title, and interest in and to the Content and all intellectual property and associated rights therein. All trademarks, service marks, trade names, logos, designs, and domain names that are used or displayed on the BoatQuest Website are the property of BoatQuest or their respective owners. The BoatQuest Website may contain links to other websites, which are not owned, controlled, or maintained by and are completely independent from BoatQuest (the “Outside Websites”). The presence of links to the Outside Websites on the BoatQuest Website does not imply affiliation with or endorsement of the content, owners, products or services of the Outside Websites. BoatQuest is not responsible for the contents of the Outside Websites and will not be liable to any damage or loss you may incur as a result of accessing the Outside Websites. The Outside Websites may have Terms of Use and privacy practices that are different from BoatQuest’s Terms of Use. BoatQuest grants you a limited license to access the BoatQuest Website, subject to these Terms of Use. This license does not grant you the right to, and you therefore may not copy, reproduce, duplicate, download, republish, sell, resell, or create derivative works from the BoatQuest Website or any of the Content therein (with the exception of your User Submitted Materials, as defined in Section 5), except as expressly permitted by other provisions of these Terms of Use or by applicable law.

5. User Submitted Materials: The BoatQuest Website permits users to post, upload, and / or submit information, including text and images (the “User Submitted Materials”). By posting, uploading, and / or submitting User Submitted Materials to the BoatQuest Website, you warrant and represent that you own or otherwise control all necessary rights to the User Submitted Materials. While you retain any copyright and other ownership rights that you may own in the User Submitted Materials that you submit to the BoatQuest Website, by posting, uploading, and / or submitting such User Submitted Materials you grant to BoatQuest a non-exclusive, perpetual, royalty-free, worldwide, irrevocable, transferable license to use, display, copy, reproduce, distribute, sublicense, modify, adapt, publish, translate, and create derivative works from your User Submitted Materials, and to incorporate them in other works in any form, media, or technology now known or later developed. You agree that BoatQuest is under no obligation to maintain confidentiality of your User Submitted Materials. No compensation will be paid to you or any other person or entity in connection with your submission of the User Submitted Materials or with BoatQuest’s exercise of its rights under the license described above. BoatQuest does not monitor or control the User Submitted Materials and thus does not guarantee its accuracy, integrity, or quality. BoatQuest reserves the right (but not the obligation) to refuse, modify, or remove any User Submitted Materials at any time for any or no reason, in its absolute and sole discretion. BoatQuest assumes no responsibility or liability for any User Submitted Materials posted, uploaded, and / or transmitted by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.

6. Members-Only Area: BoatQuest reserves access to some of the Content to BoatQuest Members (the “Members-Only Content”). Such Members-Only Content is located at the password-protected area of the BoatQuest Website (the “Members-Only Area”). Access to the Members-Only Area is limited to BoatQuest Members in good standing. If you are not a BoatQuest Member, you are prohibited from accessing or attempting to access the Members-Only Area. If you are a BoatQuest Member, you may not share your access password with non-Members or to otherwise facilitate non-Member access to the Member-Only Area.

7. Acceptable Use: You agree that you will not take any of the following actions with respect to the BoatQuest Website or Content, and that you will not use the BoatQuest Website to upload, post, e-mail, distribute, transmit, link, solicit or otherwise make available any Content or use the BoatQuest Website in any manner that: a. is unlawful, harmful, threatening, abusive, harassing, false, defamatory, libelous, slanderous, obscene, invasive of another’s privacy, or that constitutes hate speech or is otherwise offensive, hateful, or abusive toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; b. infringes BoatQuest’s or someone else’s intellectual property rights, including, without limitation, patent, trademark, trade secret, copyright, or right of publicity; c. constitutes confidential information that is protected from disclosure by operation of law or your contractual obligations; d. is deceptive or fraudulent in any way, including, without limitation, impersonation of any person or entity, misrepresentation of an affiliation with or endorsement by a person or entity, or any offer to sell fraudulent or counterfeit goods; e. involves distribution or promotion of pyramid schemes, chain letters, junk or bulk e-mail (SPAM); f. contains a software virus, worm, Trojan horse, or any other malware or harmful computer code, file, script, agent, program, or device that is designed or intended to disrupt, damage, destroy, overburden, impair, or limit the functioning of any software, hardware, network, server, or telecommunications device, system, or equipment; g. disrupts, interferes with, or inhibits use of the BoatQuest Website; h. uses any robot, spider, or other such programmatic or automatic device gather, compile, use, download, or otherwise collect any user information or Content; i. uses “framing” to enclose and display any portion of the BoatQuest Website; and / or j. provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

8. Disclaimer of Warranties: Your use of the BoatQuest Website, including the Content and the User Submitted Materials contained within, is at your sole risk. BoatQuest does not warrant and hereby disclaims all warranties that (i) your use of the BoatQuest Website will be uninterrupted or error-free; (ii) the Content or the User Submitted Materials are free of viruses, Trojan horses, worms, or other malware; or (iii) the quality of any products, services, or information obtained through the BoatQuest Website will meet your expectations. You agree that any Content, User Submitted Materials, or other materials viewed, downloaded, or otherwise accessed through the use of the BoatQuest Website are accessed at your own risk. You agree to be solely responsible for any damage to your computer system or business or loss of data that results from accessing the BoatQuest Website or any Content or User Submitted Materials therein. The BoatQuest Website, including the Content, User Submitted Materials, and any other information, materials, or services are provided on the “as is” and “as available” bases. To the fullest extent permitted by law, BOATQUEST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, ACCURACY OF DATA, OR NON-INFRINGEMENT OF ANY RIGHTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

9. Limitation of Liability: IN NO EVENT SHALL BOATQUEST, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, OR SUBSIDIARIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, RESULTING FROM OR ATTRIBUTABLE TO (i) ANY ASPECT OF YOUR USE OR MISUSE OF THE BOATQUEST WEBSITE; (ii) YOUR INABILITY TO ACCESS OR USE THE BOATQUEST WEBSITE; (iii) ANY INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BOATQUEST WEBSITE; (iv) YOUR RELIANCE ON ANY INFORMATION OR REPRESENTATIONS PROVIDED ON THE BOATQUEST WEBSITE OR AT THE OUTSIDE WEBSITES LINKED ON THE BOATQUEST WEBSITE; (v) ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE BOATQUEST CONTENT, USER SUBMITTED MATERIALS, OR THE CONTENT OF THE OUTSIDE WEBSITES LINKED ON THE BOATQUEST WEBSITE; OR (vi) ANY DEFAMATORY, INFRINGING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. In some jurisdictions, limitations of liability are not permitted. In the event that any part of the above limitation of liability is found to be invalid or unenforceable for any reason, under no circumstances will BoatQuest, its directors, officers, employees, agents, representatives, affiliates, or subsidiaries be liable, in aggregate, for any amount in excess of $100.

10. Indemnification: You agree to indemnify, defend, and hold harmless BoatQuest, its directors, officers, employees, agents, representatives, affiliates, subsidiaries, successors, and assigns from and against any and all claims, liabilities, losses, expenses, damages, or costs, including, without limitation, reasonable attorneys’ fees and court costs, made by any third party and arising from or attributable to (i) your User Submitted Materials; (ii) your use or misuse of the BoatQuest Website; (iii) your violation of these Terms of Use and (to the extent it applies to you) the BoatQuest Membership Agreement; or (iv) or your violation of any law or the rights of another.

11. Miscellaneous: These Terms of Use, together with the BoatQuest Privacy Policy and (to the extent it applies to you) the BoatQuest Membership Agreement represent the entire agreement with respect to your access to and use of the BoatQuest Website, and supersede any previous document, writing, agreement ,or understanding, whether written or oral, relating to your access to and use of the BoatQuest Website. BoatQuest’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute waiver of such right or provision. These Terms of Use shall be governed by and construed pursuant to the laws of the State of Florida without giving effect to its principles of conflicts of law. You agree that any dispute arising out of the Terms of Use shall be brought exclusively in the Federal Court of the United States of America, Southern District of Florida or the in the courts of record of the State of Florida in Broward County. In the event that a court of competent jurisdiction determines that any provision of these Terms of Use is void, unenforceable, or unlawful, that provision shall be severable from the Terms of Use, and the remainder of the Terms of Use will continue in full force and effect. Unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction. BoatQuest may assign its rights and duties under the Terms of Use to any party at any time without notice to you. You may not assign your rights and duties under these Terms of Use to anyone without prior written consent of BoatQuest.