Terms of Use
The following are terms of a legal agreement ("Agreement") between you and New House of Maine LLC doing business as Boats for Boaters and boatsforboaters.com ("Boats for Boaters"). By accessing, browsing and/or otherwise using boatsforboaters.com ("Site"), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, you may not utilize this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.
DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
This Site, including all software, functions, materials, and information, is provided "as is" without warranties of any kind, either express or implied. BOATS FOR BOATERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. Boats for Boaters does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy or reliability of, or the results of the use of the materials on this Site or any other sites linked to this Site. The materials of this Site may be out of date, and Boats for Boaters makes no commitment to update the materials at this Site. Boats for Boaters does not and cannot guarantee or warrant that the files available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Boats for Boaters cannot guarantee or warrant that this Site, software, materials, products, or services will be uninterrupted or error-free or that any defects in this Site, software, materials, products, or services will be corrected.
Boats for Boaters reserves the right to edit, refuse, delete, modify, or remove ads, postings, listings or messages in its sole discretion for any reason. Boats for Boaters strictly prohibits the sale of illegal items (including, without limitation, counterfeit or stolen items). Boats for Boaters is not responsible for damages or loss caused by errors in the system or the Internet, including, without limitation, network outages, Internet connectivity problems, client side browser issues or other such problems. You agree to indemnify and hold harmless Boats for Boaters, its subsidiaries, related companies, officers, directors, employees and agents from and against all loss, damage, cost, expense and claim which may be suffered or incurred by you as a result of or related in any way with your use of this Site.
In no event will Boats for Boaters, its suppliers or other third parties mentioned at or in this Site be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of or relating to the use, inability to use, or resulting from the use of this Site, any web sites linked to this Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold Boats for Boaters, its affiliates, licensors, content and service providers, participating publishers, authors, dealers and suppliers harmless from any liability, loss, claim or expense, including attorney’s fees and expenses, related to your use of this Site.
ASSUMPTION OF RISK
If you are using this Site to list or advertise any item for sale, you represent that you own the entire right, title and interest, or the equivalent appropriate license, to use any text, photographs or other images provided or identified. Boats for Boaters is not responsible for the goods or services listed on the Site. The sellers assume all risk and liability arising from their offer for sale of any item. The buyers are solely responsible for the merchandise purchased through boatsforboaters.com. Buyers assume all risk and liability arising from their purchase of any item. Boats for Boaters does not get involved in the transactions between sellers, buyers, advertisers, and contacts. All terms are agreed upon between seller and buyer. Since Boats for Boaters does not get involved in the actual transaction between sellers and buyers, Boats for Boaters does not control and is not responsible for the following: the quality, authenticity, condition, safety or legality of listed items; the content or context of listings, including, without limitation, the truth, accuracy, or reliability of the listings; the ability of the seller to sell or complete the sale; or the ability of the buyer to purchase or complete the purchase. In addition, by using this Site you represent that you are aware that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.
CONTENT OR CONTEXT OF LISTINGS OR PUBLIC DISPLAY AREAS
Boats for Boaters is not responsible for typographical errors, accuracy, content, or quality of any listings or advertisement or transactions between seller/advertiser and his/her/its contact. Boats for Boaters does not assume responsibility for the content or the context of the listings or advertisements. Boats for Boaters does not assume responsibility for the content or the context of the public display areas such as forums. You are at your own risk in using this Site, including without limitation any part or subpart thereof and/or any site, link, or portion of web site accessed on or through Boats for Boaters web site.
USE RESTRICTIONS
Copyright. Boats for Boaters owns all right, title and interest in and to the content other than the Property (advertisement and products listed for sale as defined below), including but not limited to: site designs, graphics, formats, software and arrangements of Property, and all other content comprising the Site ("Web Materials"). All Web Materials are copyrighted materials of Boats for Boaters, ALL RIGHTS RESERVED, or by the original creator of the material. You may not distribute copy, reproduce, display, republish, download, or transmit any material on this Site without prior approval of Boats for Boaters. You may not "mirror" any material contained on this Site on any other server without prior written permission from Boats for Boaters. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Trademarks. The trademarks, service marks, trade names, and logos of Boats for Boaters, including but not limited to boatsforboaters.com (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Boats for Boaters. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Boats for Boaters, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Boats for Boaters. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Boats for Boaters or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Boats for Boaters or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited. Following any termination of Service, all Web Materials will remain the property of Boats for Boaters, and you shall promptly destroy any references to any Web Materials or copies thereof.
Limited Access. Except as otherwise expressly permitted by Boats for Boaters, any access or attempt to access other areas of the Boats for Boaters computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the Web pages on the Site or the content contained therein without Boats for Boaters’ prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Boats for Boaters infrastructure.
Prohibited Activities. By using this Site you agree that any information provided by you (or any items listed) and your activities on this Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for sale on a commercial web site other than Boats for Boaters (this does not prevent linking to or advertising a Boats for Boaters item from another web site); or (cc) you do not have a right to link to; or (j) include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to include. Moreover you shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase and sale of items.
REVISIONS TO THIS AGREEMENT
Boats for Boaters may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.
TRANSMISSIONS
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Boats for Boaters or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law. Please consult the Boats for Boaters Privacy Policy for more information.
TERMINATION
Boats for Boaters reserves the right to terminate the publication of advertisements, lists and/or accounts at any time if you violate this Terms of Use Agreement.
APPLICABLE LAWS & MISCELLANEOUS
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Boats for Boaters’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Boats for Boaters in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by Boats for Boaters. This Agreement sets forth the entire agreement between us with respect to the subject matter hereof. This Agreement may not be assigned in any manner by you without the express, prior written permission of Boats for Boaters. This Agreement shall be governed by and construed in accordance with the laws of the State of Maine notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal in the County of Cumberland, Maine (the "Maine Courts") for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Maine Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Maine courts represent the exclusive jurisdiction for all disputes relating to this Agreement.