Use of the Website
By accessing the website, you warrant and represent to Boatmo.com and onQsites, LLC that you are legally entitled to do so and to make use of information made available via the website.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Boatmo.com, Boatmo and onQsites, LLC and other third party manufacturers, products and companies. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of Boatmo.com, onQsites LLC or those respective third party companies.
External links may be provided for your convenience, but they are beyond the control of Boatmo.com and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
Boatmo.com makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
Disclaimer of liability
Boatmo.com shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither Boatmo.com nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
You hereby grant to Boatmo.com the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, reviews or comments, advertisements or listings for products and/or services, or other information communicated to Boatmo.com through this website (together, the “Listing”), and to incorporate any Listing in other works in any form, media, or technology now known or later developed. Boatmo.com will not be required to treat any Listing as confidential, and may use any Listing in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Boatmo.com operations.
You agree that all Listings provided on this website are the sole responsibility of the person or entity from which the Listing originated, and that you are responsible for each Listing that you post on this website. As Boatmo.com may make modifications of this website, you agree that Boatmo.com may at any time delete, refuse or move Listings posted to the website for any reason.
NO UNLAWFUL OR PROHIBITED USE
The website may contain communication services such as bulletin boards, chat rooms, news groups, communities, personal web pages, group calendars, electronic mail postings, and other public forums. You agree to post messages only if they are relevant to the intended subject matter of the forum.
You agree that you will not:
- Post Listings or messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others.
- Violate the copyright, trademark, or other intellectual property rights of any other person or entity.
- Misuse contact forms for purposes other than contacting for legitimate inquires about listings or for additional information.
- Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
- Improperly assume or claim the identity, characteristics, or qualifications of another person.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
- Attempt to gain access to any portion of this website, any computer, server, account, network, software, or hardware associated with this website, from which you are restricted.
- Violate any applicable laws or regulations.
- Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this website.
- Post Listings or any other content using any manual or automatic posting tools other than those provided by Boatmo.com without express written consent from Boatmo.com.
- Post hyperlinks to other websites that contain content that falls within the descriptions set forth above.
Boatmo.com is not obligated to monitor the communications contained on the website. However, Boatmo.com may, at its sole discretion edit, decline to post, or remove any listing, information or materials or any portion thereof. You agree that you will create only one account for use of this website, and that business entities are only entitled to one account for use with this website unless given permission in writing from Boatmo.com.
Any user names and/or passwords used for this website are for individual use only. You will be responsible for the security of your user name and/or password (if any). Boatmo.com will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Boatmo.com considers insecure, Boatmo.com will be entitled to require the password to be changed and/or terminate your account.
You agree to provide true, accurate, current and complete information on this website for use in any program or service in which you participate through this website. If you provide to Boatmo.com any information that is false, inaccurate, out of date, or incomplete, or Boatmo.com has reasonable grounds to suspect that such information is false, inaccurate, out of date, or incomplete, Boatmo.com may suspend or terminate your access to this website and the services thereof, and may refuse any and all current or future use of the services.
DISCLAIMER OF LIABILITY FOR LISTINGS
As the Boatmo.com website is a place for users to post advertisements and listings of Boats, equipment and other goods and services for sale, you agree that this site merely acts as a conduit for persons to conduct sales and for buyers to purchase sellers’ goods. Boatmo.com has no control over the quality, safety or legality of the user-posted Listings, the truth or accuracy of the Listings, the ability of sellers to sell items or the ability of buyers to buy items. Boatmo.com cannot and does not control whether or not sellers will complete the sale of items they offer. Boatmo.com cannot and does not control whether or not buyers will complete the purchase of items they have bid on. Because Boatmo.com does not and cannot control the action of others, in the event that you have a dispute with one or more buyers or sellers, you hereby release Boatmo.com (and our agents and employees and any third party partners and/or licensees of Boatmo.com) from all claims, demands and damages (actual and consequential) of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such a claim or demand. If you are a resident in a state which restricts the effect of a general release, you hereby waive any such provision to the fullest extent allowable by law and agree that this release of liability shall apply to this agreement to the fullest extent possible.
The information provided on this website including Listings supplied by others is provided “as is” or “as available” and Boatmo.com makes no representations or warranties, expressed or implied, to any actual or prospective purchaser or owner of any item as to the existence, ownership, or condition of the item or as to the accuracy or completeness of any information about the item contained in this service. You acknowledge that any reliance upon any such materials shall be at your sole risk, and that Boatmo.com will not be liable in any way for Listings or for any loss or damage of any kind incurred as a result of the use of any Listings posted, emailed or otherwise made available through the use of this website.
UNDER NO CIRCUMSTANCES SHALL BOATMO.COM OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BOATMO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES; BOATMO.COM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
If you are dissatisfied with any portion of the website or the associated services, your sole remedy is to cease using them.
You agree to defend, indemnify, and hold harmless Boatmo.com and its employees, agents, directors, officers, owners and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of this website, any Listings that you post on this website, your breach of this agreement, or your infringement of the intellectual property rights of third parties.
TERMINATION AND CHANGES TO LISTING POLICY
Boatmo.com reserves the right to terminate your access to the website or to any or all of its services at any time without notice for any reason whatsoever. Boatmo,com reserves the right to make changes to any of it’s listing programs and charges at any time. Boatmo.com shall not be held liable to you or any third-party for any termination
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent.
PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
In accordance with the Digital Millennium Copyright Act (DMCA), Boatmo.com has designated an agent to receive notice of unauthorized online use of copyrighted materials. If you believe that your copyrighted work is being infringed, please notify our copyright agent specified below.
E-mail may be sent to: info@Boatmo.com
Please notify us in writing and include all of the following:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Boatmo.com to locate the material.
- Information reasonably sufficient to permit Boatmo.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Conflict of terms
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Applicable laws (choice of venue and forum)
Use of this website shall in all respects be governed by the laws of the state of South Carolina, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the South Carolina courts located in Charleston county, SC, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.