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sailboatlistings.com access agreement and terms of use

Please read this Agreement carefully before accessing sailboatlistings.com. As a condition to and in consideration of receiving and accessing sailboatlistings.com, the User agrees to be bound by the terms of this Agreement. Use of or access to sailboatlistings.com shall constitute acceptance of and agreement to be bound by this Agreement. If you do not wish to be bound by this agreement, do not access sailboatlistings.com.

Sailboatlistings.com is a World Wide Web site designed to allow users to post ads ("Ads", "Sailboat Listings" or "Listings") and/or to view ads posted by other users or interact with those users. sailboatlistings.com contains or may contain information, communications, opinions, text, graphics, links, photographs, and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of sailboatlistings.com that can be modified by Users, such as posting ads.

Sailboatlistings.com does not function as a broker or seller nor is sailboatlistings.com involved in any communication or transaction between buyer and seller. It is the buyer's responsibility to use good judgement and due diligence when considering the purchase of a boat; it is the buyer's duty to inspect a boat prior to purchase and to survey, have it surveyed, or have a broker act on their behalf to confirm that boat is as advertised and as desired, that seller has clear title, and that the conditions of sale are satisfactory. It is the seller's responsibility to use good judgement and due diligence when considering the sale of a boat; it is the seller's responsibility to confirm that all payments have cleared and are non-fraudlent before any sailboat or property is released or changes hands. Please review and follow our Tips to Avoid Fraud when selling or buying a sailboat online.

1. User Rights and Responsibilities
You agree to access and use sailboatlistings.com only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of sailboatlistings.com, including any Interactive Area, (ii) the use of any networks or other services connected to sailboatlistings.com, and (iii) the communications means by which you connect your modem, computer, or other equipment to sailboatlistings.com. By accessing sailboatlistings.com, you agree that you will not:

(1) post or transmit any information which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

(2) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;

(3) post or transmit any information through any phone number or through any contact form on this site that is not honest and accurate.

2. Intellectual Property Rights
2.1 Content provided by sailboatlistings.com

(a) You acknowledge that Content on sailboatlistings.com is generally provided by sailboatlistings.com, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that sailboatlistings.com permits access to Content that is protected by copyrights, trademarks, and other proprietary rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws.

(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content.

2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through sailboatlistings.com only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on sailboatlistings.com, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to sailboatlistings.com the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit sailboatlistings.com to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.

3. Interactive Areas
You acknowledge that sailboatlistings.com may include various interactive areas ("Interactive Areas"), including but not limited to ads ("Ads" or "Sailboat Listings" or "Listings"). These Interactive Areas allow feedback to sailboatlistings.com and interaction between users. You further understand that sailboatlistings.com does not control the messages, information, or files delivered to such Interactive Areas and that sailboatlistings.com may offer you and other Users the capability of creating and managing an Interactive Area. However, neither sailboatlistings.com, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that sailboatlistings.com cannot, and does not intend to, screen communications in advance. Moreover, because sailboatlistings.com encourages open and candid communication in the Interactive Areas, sailboatlistings.com cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. sailboatlistings.com is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that sailboatlistings.com has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, sailboatlistings.com may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. sailboatlistings.com reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written sailboatlistings.com policy in effect at that time, (ii) be harmful to the rights of any User, sailboatlistings.com, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.

4. Termination
The only right with respect to dissatisfaction with any policies, guidelines, or practices of sailboatlistings.com in operating sailboatlistings.com, or any change in Content, is for you to discontinue accessing sailboatlistings.com. sailboatlistings.com may terminate or temporarily suspend your access to all or any part of sailboatlistings.com, without notice, for conduct that sailboatlistings.com believes is a violation of this Agreement or any policies or guidelines posted by sailboatlistings.com, or for other conduct which sailboatlistings.com believes, in its sole discretion, is harmful to sailboatlistings.com or other Users. sailboatlistings.com may discontinue operating sailboatlistings.com and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access sailboatlistings.com, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from sailboatlistings.com, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

5. Disclaimers Of Warranties; Limitations of Liability
Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on sailboatlistings.com. It is the policy of sailboatlistings.com not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF sailboatlistings.com IS AT YOUR SOLE RISK. NEITHER sailboatlistings.com NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT sailboatlistings.com OR ANY INTERNET SITE LINKED TO OR FROM sailboatlistings.com WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF sailboatlistings.com OR ANY INTERNET SITE LINKED TO OR FROM sailboatlistings.com OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH sailboatlistings.com OR ANY SITE LINKED TO OR FROM sailboatlistings.com. sailboatlistings.com IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL sailboatlistings.com, ITS SUBSIDIARY AND PARENT COMPANIES, boatdesign.net (Boat Design Net), OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, sailboatlistings.com, OR ANY INTERNET SITE LINKED TO OR FROM sailboatlistings.com, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.

UNDER NO CIRCUMSTANCES SHALL sailboatlistings.com, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN sailboatlistings.com OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM sailboatlistings.com. THE CONTENT WITHIN sailboatlistings.com AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM sailboatlistings.com MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF sailboatlistings.com AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. sailboatlistings.com AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT sailboatlistings.com IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY sailboatlistings.com SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF sailboatlistings.com, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING sailboatlistings.com.

Sailboatlistings.com does not function as a broker or seller nor is sailboatlistings.com involved in any communication or transaction between buyer and seller. It is the buyer's responsibility to use good judgement and due diligence when considering the purchase of a boat; it is the buyer's duty to inspect a boat prior to purchase and to survey, have it surveyed, or have a broker act on their behalf to confirm that boat is as advertised, that seller has clear title, and that the conditions of sale are satisfactory. It is the seller's responsibility to use good judgement and due diligence when considering the sale of a boat; it is the seller's responsibility to confirm that all payments have cleared and are non-fraudlent before any sailboat or property is released or changes hands. Please review and follow our Tips to Avoid Fraud when selling or buying a sailboat online.

6. Indemnity
You agree to indemnify and hold sailboatlistings.com, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of sailboatlistings.com or any Internet site linked to or from sailboatlistings.com, any email transmission sent from an individual buyer through a contact form processor on the sailboatlistings.com webserver or website to an email address designated as the contact address for a sailboat ad, or in connection with the transmission of any Content on sailboatlistings.com.

7. Miscellaneous
This Agreement comprises the entire agreement between sailboatlistings.com and you, and supersedes any prior agreements with respect to the subject matter herein. sailboatlistings.com may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective upon posting notice of such revision on sailboatlistings.com. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing sailboatlistings.com. Your continued accessing and use of sailboatlistings.com following notice of any such revision shall conclusively be deemed acceptance of all such revisions. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of sailboatlistings.com to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of sailboatlistings.com, excluding its conflict of laws rules, and you and sailboatlistings.com each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone.

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