Terms of Use Agreement

 

Please read this Terms of Use Agreement carefully as it is a binding contract between you and YachtX, Inc.

© Copyright 2011 YachtX, Inc. All rights reserved. For related information, please also see our Privacy and Copyright Notices.

General

The web sites located at YachtX.com (the “Web Site”) are owned by YachtX, Inc. (“YachtX” or “we”). The Web Site provides registered members (“Members”) of YachtX that have executed a membership agreement (the “Membership Agreement”) with services to assist them in a boat sale transaction. Such Members may be boat sellers, boat buyers (“Principals”) or other third parties including, without limitation: marine lenders, marine insurance providers or marine title service providers (“Providers”). YachtX.com is also made available to non-Member visitors (“Visitor”).

As consideration for providing access to the Web Site and services including those available only to YachtX Members via YachtX.com, you agree to be bound by all of the terms and conditions established herein (“Terms of Use” or “Agreement”). By using the Web Site in any way, including visiting, you agree to comply with all Terms of Use, the Copyright Notice found at www.yachtx.com/copyright-notice and Privacy Notice found at www.yachtx.com/privacy-notice, incorporated herein by reference, all as revised and amended from time to time by YachtX, in its sole discretion. YachtX reserves the right, at its sole discretion, to terminate access to the Web Site for any party. If you do not want to agree to the Terms of Use, Copyright Notice and Privacy Notice, you must exit the Web Site.

Content Ownership

The Uniform Resource Locator, software, text, design, layout, look and feel, images, graphics, video or sound materials (taken collectively, the “Content”) and compilation thereof, is the property of YachtX or is used by YachtX with the permission of the owner. All Content of this Web Site are protected under applicable U.S. and international copyright, trademark, patent, trade secret or other intellectual property or proprietary rights laws. All rights, including copyright, interest and title in the Content belong to YachtX and/or Content owner. Members have granted YachtX an unrestricted, royalty-free and irrevocable license to and in all Content owned by Members (“Member Content”).

Except as provided herein, no portion of the Content contained in the Web Site, including Member Content, may be reproduced, modified, distributed, published, reverse engineered or derivative works created therefrom, in any form or by any means, for commercial or any other purpose, without the prior written permission of YachtX or the respective owner, or as permitted in this Terms of Use Agreement. YachtX will enforce any and all of its legal rights to the fullest extent possible, including, without limitation, pursuing injunctive relief, damages, attorneys’ fees and criminal prosecution.

If you print, copy, modify, download or otherwise use any part of the Web Site in breach of the Terms of Use, your right to use the Web Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Web Site or any Content on the Web Site is transferred to you, and all rights not expressly granted are reserved by YachtX. Any use of the Web Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, intellectual property and other laws.

Limited License and Acceptable Use

YachtX hereby authorizes Visitors and Members use of the Web Site, including to download, display, and print materials published by YachtX on the Web Site. This authorization is subject to YachtX’s sole determination that such use does not in any way damage YachtX’s business; is not used in connection with any competing enterprise; does not constitute a violation of this Agreement nor of YachtX’s Membership Agreement or policies (if applicable); and does not violate any laws or regulations. In consideration of this authorization, you agree that any copy of these materials which you make shall retain company name, logo and all copyright and other proprietary notices in the same form and manner as on the original.

Except as specified above, nothing contained herein shall be construed as conferring or granting by implication, estoppel or otherwise any license or right under any intellectual property including without limitation any software, patent, trademark or copyright of YachtX or any third party.

The Web Site permits Members to provide information, including text and images as part of the Member Content on the Web Site. By providing Member Content to the Web Site, you warrant and represent that you own or otherwise control all necessary rights to the Member Content. While you retain any copyright and other ownership rights that you may own in the Member Content that you submit to the Web Site, by providing such Member Content you grant to YachtX 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 Member Content, and to incorporate them in other works in any form, media, or technology now known or later developed. You agree that YachtX is under no obligation to maintain confidentiality of your Member Content. No compensation will be paid to you or any other person or entity in connection with your submission of the Member Content or with YachtX's exercise of its rights under the license described herein.

All Web Site Content not originated by YachtX is the sole responsibility of the originator. YachtX does not monitor or control the Member Content and thus does not guarantee its accuracy, integrity, or quality. YachtX reserves the right (but not the obligation) to refuse, modify, or remove any Member Content at any time for any or no reason, in its absolute and sole discretion. YachtX disclaims all responsibility and liability for any Member Content provided by you or by any third party, or for any errors, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.

Visitors to and Members of the Web Site and all others are prohibited from applying data mining or other automation technologies to the Web Site including, without limitation, a “robot”, “spider”, “rover”, “scraper” to monitor, cache, frame, scrape, mask, enter, modify, extract, remove or for any other purpose, data, information, Content or any other Web Site material. You agree that you will not directly, or through the use of technology, damage, disable, impair, interfere with, or attempt to damage, disable, impair, or interfere with, the proper working of the Web Site, Content, or any activities conducted on the Web Site. You agree that you will not take any action that, in YachtX's sole discretion, overburdens or imposes a disproportionately large load on YachtX's infrastructure.

Members represent, warrant and agree that any and all information they provide to YachtX, including, without limitation, Member Content, will be complete, true and accurate and not false or misleading; that the Member owns or controls all applicable rights in such information; that the information or use of information in the Web Site will not infringe on or otherwise violate the rights of any third party or violate any applicable laws, regulations, this Agreement, Member agreement or YachtX policies; that the information does not contain any malware, including, without limitation, virus, worm, trap door, back door, Trojan horse, or other computer software designed to adversely affect the Web Site infrastructure or any Visitor or Member computer; and that the information is not unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, tortuous, libelous, defamatory, slanderous, vulgar, invasive of another's privacy, racially, ethnically or otherwise objectionable or embarrassing to a third party.  Members agree to indemnify and hold harmless YachtX, its directors, officers, employees, agents, representatives, affiliates, subsidiaries, successors, and assigns from any breach of the Member’s foregoing representations and warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Web Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEB SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Any unauthorized use of the Web Site or Content may be subject to without limitation, termination of Web Site user privileges and services, injunctive relief, damages, attorney’s fees and criminal prosecution.

Restrictions on and Termination of Use

YachtX reserves access to certain Content and services for YachtX Members via password protected areas on YachtX.com (the “Member Site”). Access to Member Site is limited to Members in good standing. YachtX Members are prohibited from sharing their access password with any third party.

YachtX reserves the right to terminate any Member's access to Member Site and related services at any time and without notice if YachtX, in its sole discretion, determines that said Member's use of the Web Site is not in compliance with the Terms of Use, YachtX’s policies or Membership Agreement, violates any laws, in any way interferes with others' use of the Web Site, or in any way adversely affects YachtX’s business.

Links to and from Third Party Web Sites

The Web Site may contain links to third party sites. Access to any other Internet site linked to the Web Site is at the user's own risk and YachtX is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. YachtX provides these links merely as a convenience and the inclusion of such links does not imply an endorsement by YachtX of any of these sites.  YachtX disclaims any and all liability and responsibility arising from the use of such third party web sites.

Trademarks

YachtX™, the YachtX logo, “You Are At The Helm”™ and all related names, logos, product and service marks, designs and slogans are trademarks of YachtX, Inc. in the U.S. and other countries. All other names are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

The trademark(s), trade name(s), service mark(s), domain name(s), slogan(s) and logo(s) ("Trademarks") displayed on the Web Site are either registered, pending, or unregistered Trademarks of YachtX or their respective owners. Users of the Web Site may not publish or otherwise use any Trademarks without the express written consent of YachtX or the Trademark owner.

Disclaimer of Warranties

YOUR USE OF THE WEB SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB SITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL LOSS OF DATA OR DAMAGE THAT RESULTS FROM THE USE OF THE WEB SITE. THE WEB SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER YACHTX NOR ANY PERSON ASSOCIATED WITH YACHTX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEB SITE. WITHOUT LIMITING THE FOREGOING, NEITHER YACHTX NOR ANYONE ASSOCIATED WITH YACHTX REPRESENTS OR WARRANTS THAT THE WEB SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEB SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YACHTX EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF RELIABILITY, AVAILABILITY, TIMELINESS, SUFFICIENCY, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. INFORMATION ON THE WEB SITE MAY BE INACCURATE, OUTDATED OR INCOMPLETE AND MAY BE CHANGED WITHOUT NOTICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

YACHTX, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF GOOD WILL, OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OF, MISUSE OF OR INABILITY TO USE THIS WEB SITE, ANY YACHTX SERVICE OR ANY LINKED SITE, OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED OR ON OTHER WEBSITES LINKED ON OR TO THE WEB SITE, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE CONTENT INCLUDING MEMBER CONTENT AND ANY CONTENT OF OTHER WEBSITES LINKED ON OR TO THE WEB SITE, OR ANY DEFAMATORY, INFRINGING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; INCLUDING, WITHOUT LIMITATION, ANY LIABILITY ARISING FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY, EVEN IF FORESEEABLE. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS, ATTORNEY FEES, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON INFORMATION PROCESSING SYSTEM. YACHTX EXPRESSLY DISCLAIMS ANY LIABILITY UNDER CRIMINAL OR CIVIL LAWS RELATING TO DEFAMATION, INTELLECTUAL PROPERTY INFRINGEMENT, PRIVACY, OBSCENITY, OR ANY OTHER AREA OF LAW, ARISING OUT OF THE USE OR AVAILABILITY OF THIRD-PARTY INFORMATION OR INTELLECTUAL PROPERTY, MEMBER CONTENT, VISITOR CONTENT OR STATEMENTS OR OPINIONS POSTED ON THE WEB SITE.  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 YACHTX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, OR SUBSIDIARIES BE LIABLE, IN AGGREGATE, FOR ANY AMOUNT IN EXCESS OF $100. 

Indemnification

You agree to indemnify, defend, and hold harmless YachtX, 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 (and fees and expenses incurred to collect such fees and expenses), made by any third party or parties arising from or attributable to your violation of these Terms of Use or your use of the Web Site, including, without limitation, Member Content submitted by you, your use or misuse of the Web Site, your violation of the YachtX Membership Agreement (to the extent it applies to you), or your violation of any law or the rights of YachtX or another person.

Governing Law, Severability

This Agreement shall be deemed entered into, interpreted and construed under the laws of the State of Maryland, U.S.A., without regard to conflicts of law, regardless of the domicile of Visitor or Member. Controversies or disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Maryland and the venue for such disputes shall rest solely and exclusively in Frederick Maryland, USA. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  The Terms of Use, Copyright Notice, and Privacy Notice (and the respective Membership Agreement in the case of Members) constitute the entire agreement with respect to your access to and use of the Web Site. Any provision of these 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.  No waiver of these Terms of Use by YachtX shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of YachtX to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

YachtX, the owner of the Web Site, is based in the state of Maryland in the United States. YachtX makes no claims that the Web Site or any of its content is accessible or appropriate outside of the United States. Access to the Web Site may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEB SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Changes

At its sole discretion, YachtX reserves the right to change its policies with regards to Terms Of Use at any time and without notice. It is the responsibility of users of the Web site to ensure they are up to date with YachtX’s policies. Your continued use of the Web Site after we make changes to the Terms of Use are deemed to be your acceptance of those changes. YachtX will always provide a link to this page visible to users of YachtX.com.

YachtX reserves the right to modify or discontinue the Web Site or any portion thereof, at any time without notice. You agree that YachtX shall not be liable to you or to any third party for any such changes or discontinuation.