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Terms of Use Agreement
Effective Date: This Terms of Use Agreement was last updated on March 03, 2009. This
Terms of Use Agreement sets forth the standards of use of the Powerboat
Authority.com Online Service. By using the PowerboatAuthority.com
website, owned by Yacht Authority, LLCTM ,
you (the "Member") agree to these terms and conditions. If you do not
agree to the terms and conditions of this agreement, you should
immediately cease all usage of this website. We reserve the right, at
any time, to modify, alter, or update the terms and conditions of this
agreement without prior notice. Modifications shall become effective
immediately upon being posted at PowerboatAuthority.com website. Your
continued use of the Service after amendments are posted constitutes an
acknowledgement and acceptance of the Agreement and its modifications.
Except as provided in this paragraph, this Agreement may not be amended.
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites. 2. Disclaimer Regarding Accuracy of Member Information Product specifications and other information have either been provided by the Members. PowerboatAuthority.com makes no representations or warranties as to the accuracy or reliability of any information provided on this website and you acknowledge that any reliance on representations and warranties provided by any Member shall be at your own risk. 3. Disclaimer of Warranties. The
site PowerboatAuthority.com is provided by Yacht Authority, LLCTM
on an "as is" and on an "as available" basis. To the fullest extent
permitted by applicable law, Powerboat Authority.com and Yacht AuthorityTM
makes no representations or warranties of any kind, express or implied,
regarding the use or the results of this web site in terms of its
correctness, accuracy, reliability, or otherwise.
PowerboatAuthority.com, owned by Yacht Authority, LLCTM shall have no liability
for any interruptions in the use of this Website. PowerboatAuthority,
along with Yacht Authority, LLCTM
disclaims all warranties with regard to the information provided,
including the implied warranties of merchantability and fitness for a
particular purpose, and non-infringement. PowerboatAuthority.com along
with Yacht Authority, LLCTM
offers the details of all vessels in good faith but cannot guarantee,
nor will it guarantee, the accuracy of the information herein listed. A
potential buyer should instruct his or her agents to investigate such
details as the buyer desires validated.
PowerboatAuthority.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR PowerboatAuthority.com SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF PowerboatAuthority.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. Indemnification Member
agrees to indemnify and hold PowerboatAuthority.com owned byYacht
Authority, LLCTM,
its parents, subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, including reasonable attorneys' fees and
costs, made by any third party due to or arising out of Member's use of
the Service, the violation of this Agreement, or infringement by
Member, or other user of the Service by unauthorized use of Member's
computer or access thereof, of any intellectual property or any other
right of any person or entity.
7. Governing Jurisdiction of the Courts of New York State. Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York. 8. Compliance with Laws. Members
and users assume all knowledge of applicable law and is responsible for
compliance with any such laws. Members and users may not use the
Service in any way that violates applicable state, federal, or
international laws, regulations or other government requirements.
Members and users further agree not to transmit any material that
encourages conduct that could constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable local, state,
national, or international law or regulation. Any violation will result
in that member's or advertiser's termination of use of the web site.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 PowerboatAuthority.com, with all rights reserved, or is the property of PowerboatAuthority.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Yacht Authority, LLCTM is strictly prohibited. Members, users or advertisers agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Yacht Authority, LLCTM. Yacht Authority, LLCTM , YachtAuthority.comTM and PowerboatAuthority.comTM are proprietary marks of YachtAuthority.comTM. PowerboatAuthority.comTM , Yacht Authority, LLC.TM's trademarks may not be used in connection with any product or service that is not provided by Yacht Authority, LLCTM, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Yacht Authority, LLCTM. All
other trademarks displayed on Yacht Authority, LLC.TM's
websites are the trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those Vendors. In
addition, such use of trademarks or links to the web sites of Vendors
is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with Yacht Authority, LLCTM.
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Yacht Authority, LLC TM, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. |