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Terms of Use

These Boatyard Terms and Conditions (The “Agreement”) are a legal agreement between you and Boatyard, Incorporated (“Boatyard”), the owner and operator of http://www.boatyard.com (“Boatyard.com”), a venue and communications platform, including the Boatyard and VanDutch mobile applications (the “Service Platform”), and any content and code related thereto. This Agreement applies to all visitors to or users of the Service Platform. This Agreement states the terms and conditions that govern your use of the Service Platform. Please read this Agreement carefully before accessing the Service Platform. By accessing the Service Platform, you are indicating that you accept and agree to be bound by all of the terms and conditions of this Agreement, as they may be modified or amended from time to time. If you do not agree to any of the terms to this Agreement, do not access the Service Platform.

This Agreement is subject to change at any time, effective upon posting on the Service Platform.

Boatyard.com is a venue and communications platform for enabling the connection between individuals seeking to obtain Services ("Boatyard Service Requesters") and/or individuals seeking to provide Services ("Boatyard Service Professionals"). Boatyard Service Requesters and Boatyard Service Professionals together are hereinafter referred to as "Users." Those certain Services requested by the Boatyard Service Requesters through the Service Platform, which are to be completed by the Boatyard Service Professionals, are hereinafter referred to as "Services."

Disclaimer Summary

Boatyard, through Boatyard.com and its Service Platform, is only a communications platform and venue for enabling connections and facilitating payment transactions between and amongst Users for Services. Boatyard does not take part in the interaction between and among Users. Boatyard does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Services provided by Boatyard Service Professionals, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Boatyard Service Professionals. Boatyard does not have control over the quality, timing or legality of Services delivered by its Boatyard Service Professionals. Boatyard makes no representations about the suitability, reliability, timeliness, or accuracy of the Services requested and provided by Boatyard Service Professionals identified through the Service Platform whether in public, private, or offline interactions. Although Boatyard does perform background checks of Boatyard Service Professionals, Boatyard cannot confirm that each Boatyard Service Professional is who they claim to be. Boatyard does not assume any responsibility for the accuracy or reliability of this information or any information on the Service Platform.

NEITHER BOATYARD NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY BOATYARD SERVICE PROFESSIONAL. BOATYARD AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR REQUEST FOR SERVICES OR USE OF BOATYARD.COM.

Transactions

Boatyard Service Requesters contract for such Services directly with Boatyard Service Professionals through the Service Platform. Boatyard is not and will not be a party to any contracts for Services between or among such Users. Boatyard.com facilitates these contracts by supplying a medium for the exchange of money. Boatyard Service Requesters offer payments through the Service Platform for requested Services (the “Service Payment”).

Within one (1) day after a Services are scheduled, if there is no complaint by the Boatyard Service Requester, Services will be marked as closed by Boatyard, the agreed upon payment will be transferred to the Boatyard Service Professional's online account. The Service Payment must be paid through the Boatyard.com online check out service (the “Web Service”). Any Service Payments paid outside of the Web Service, whether in cash or otherwise, are NOT subject to refunds and are a violation of these terms and conditions. Any reimbursable expenses that are incurred by a Boatyard Service Professional in connection with the completion of Services may, however, be paid in cash offline, or through the Web Service.

Release

Boatyard expressly disclaims any and all liability, whether arising in contract, tort or otherwise, that may arise between or amongst Users in connection with the provision of Services over the Service Platform.

In the event that you have a dispute with one or more Users, you hereby knowingly release Boatyard (and our officers, directors, agents, investors, subsidiaries, affiliates, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Links to Other Web Sites

Links (such as hyperlinks) from Boatyard.com to other sites on the Web do not constitute the endorsement by Boatyard.com of those sites or their content. Such links are provided as an information service, for reference and convenience only. Boatyard does not control any such sites, and is not responsible for their content. The existence of links on the Service Platform to such websites (including without limitation external websites that are framed by the Boatyard Service Platform as well as any advertisements displayed in connection therewith) does not mean that Boatyard endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by Boatyard's Terms of Use or Privacy Policy. You access such third-party websites at your own risk. Boatyard expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Service Platform. You hereby agree to hold Boatyard harmless from any liability that may result from the use of links that may appear on the Service Platform.

Public Areas

The Service Platform may contain profiles, email systems, blogs, message boards, mobile applications, including the Boatyard and VanDutch mobile apps, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (collectively, "Public Areas") that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not:

Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.

Use the Service Platform for any purpose which is in violation of local, state, national, or international law.

Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.

Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.

Advertise or offer to sell any goods or services for any commercial purpose on the Service Platform which are Services or are not relevant to the Services offered on the Service Platform.

Conduct or forward surveys, contests, pyramid schemes, or chain letters.

Impersonate another person or allow any other person or entity to use your identification to post or view comments.

Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.

Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service Platform.

Restrict or inhibit any other User from using and enjoying the Public Areas.

Imply or state that any statements you make are endorsed by Boatyard, without the prior written consent of Boatyard.

Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index Boatyard.com in any manner.

Hack or interfere with Boatyard.com, its servers or any connected networks.

Adapt, alter, license, sublicense or translate Boatyard.com for your own personal or commercial use.

Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Boatyard or Boatyard.com.

Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.

Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.

All submissions made to Public Areas will be public, and Boatyard will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.

Account, Password and Security

You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Boatyard for accessing the Service Platform. You are solely and fully responsible for all activities that occur under your password or account. Boatyard has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you should contact Boatyard immediately.

No Commercial Use or Solicitation

The Service Platform may be used for your personal, non-commercial use only; you may not use the Service Platform in connection with any commercial endeavors whatsoever without the express prior written consent of Boatyard.

Without limitation, the Service Platform may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Services facilitated through Boatyard.com without express written permission from Boatyard.

You may not use the Service Platform to collect usernames and/or email addresses of members by electronic or other means without the express prior written consent of Boatyard.

Your Information

"Your Information" is defined as any information and materials you provide to Boatyard.com or other Users in connection with your registration for and use of the Service Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant to Boatyard that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Boatyard or cause Boatyard to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

Solely to enable Boatyard to use Your Information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known.

Billing and Payment Policy

Boatyard Service Requesters are obligated to pay in advance for all Services requested through the Service Platform, unless specifically notified otherwise. In some instances, Boatyard Service Requesters may also be allowed to pay at the end of a completed Service transaction. For all purchases and payments, whether for Services, reimbursable expenses, fees, charges, or other similar expenses associated with Services, Boatyard will charge your credit card according to the amount agreed upon between you and the Boatyard Service Professional, and you hereby authorize Boatyard to charge your credit card for such amounts, and remit payments to Boatyard Service Professionals. Boatyard retains the right, in its sole discretion, to place a hold on any payment for a completed Service transaction due to a User.

No refunds or credits will be provided once the Boatyard Service Requester's credit card has been charged. At Boatyard's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Boatyard.

While Boatyard will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold Boatyard harmless for any damages that may result therefrom. Boatyard will use third party services to process credit card information. For further information regarding that service, please contact Boatyard to request information about Boatyard's credit card processing providers.

You will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on Boatyard's income).

Employment and Withholding

Boatyard is not an employment service and does not serve as an employer of any User. As such, Boatyard will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your provision or use of Services on the Service Platform. You understand and agree that if Boatyard is found to be liable for any tax or withholding tax in connection with your use or provision of Services, then you will immediately reimburse and pay to Boatyard an equivalent amount, including any interest or penalties thereon.

Termination and Suspension

Without limitation, Boatyard may terminate or suspend your right to use the Service Platform if you breach any term of this Agreement or any policy of Boatyard posted on the Service Platform from time to time, or if Boatyard otherwise finds that you have engaged in inappropriate and/or offensive behavior. If Boatyard terminates or suspends your right to use the Service Platform for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, Boatyard reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Boatyard may terminate or suspend your right to use the Service Platform at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.

Even after your right to use the Service Platform is terminated or suspended, this Agreement will survive and remain enforceable against you.

You may terminate this Agreement at any time by ceasing all use of the Service Platform. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

Intellectual Property Rights

The term “Site Information” means all information, text, pictures, sound, graphics, scripts, photos, software, designs, design rights, video, data, sounds, music, interactive features, content and the like that is displayed on the Site or Service and any and all other proprietary rights contained therein, including, without limitation, the trademarks, service marks, logos, patent rights, copy rights, other proprietary material, marks or rights, know-how, concept, methods, techniques, ideas and all other intellectual property rights and rights of a similar character whether registered or capable of registration. Site Information does not include User-Generated Content.

You hereby expressly acknowledge that Boatyard or it licensors own all legal right, title and interest in the Site Information. Boatyard reserves all rights not expressly granted in and to the Site, Service and Site Information.

Boatyard hereby grants you a personal, non-exclusive, non-assignable and non-transferrable license to use, display, print and download extracts from the Site or Service for your own personal use on the following basis:

no documents, related graphics or materials on the Site or Service are modified in any way;

no graphics on the Site or Service are used separately from accompanying text;

Boatyard copyright and trade mark notices and this permission notice appear in all copies;

any material may only be downloaded or printed from the Site or Service for a maximum of one (1) time;

you agree to fully comply with this Agreement; and

you shall not reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, circulate or store any part of the Site or Service or include any part of such in any public or private electronic retrieval system or service without our prior written permission.

Any rights not expressly granted in these terms are reserved.

  • DMCA Notice
    If you are a copyright owner or an agent thereof and believe any Site Information infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“
    DMCA”) by providing notice to our Designated Copyright Agent (“Designated Copyright Agent”) containing the following information:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 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 us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have 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; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Copyright Agent. Boatyard’s Designated Copyright Agent to receive notifications of claimed infringement is:

Copyright Agent, copyrights@boatyard.com

Please send only DMCA notices to our Designated Copyright Agent. You acknowledge that if you fail to comply with all of the above requirements of this DMCA Notice section, your DMCA notice may not be valid.

Modifications to the Service Platform

Boatyard reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service Platform or any content or information on the Service Platform with or without notice. Boatyard will not be liable to any party for any modification or discontinuance of the Service Platform.

Confidential Information

You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Boatyard and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Boatyard in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Boatyard upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of Boatyard's trade secrets, confidential and proprietary information and all other information and data of Boatyard that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

Disclaimer of Warranties

USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.

THE PLATFORM IS PROVIDED TO USERS ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, NEITHER BOATYARD NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR THAT THE PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM.

NEITHER BOATYARD NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM. NEITHER BOATYARD NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN OR AMONG USERS.

NEITHER BOATYARD NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

BOATYARD AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

No Liability

YOU AGREE NOT TO HOLD BOATYARD, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR ANY SERVICES PROVIDED BY BOATYARD OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL BOATYARD, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT BOATYARD OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES OR REVENUE SHARES PAID BY YOU TO BOATYARD, OR EARNED BY BOATYARD AS A USER OF SERVICE PLATFORM DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

Indemnification

You hereby agree to indemnify, defend, and hold harmless Boatyard, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use or inability to use the Service Platform.

Boatyard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Boatyard.

Dispute Resolution and Governing Law

Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Boatyard agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Boatyard. Boatyard's address for such notices is Boatyard, Inc., 2300 E Las Olas Blvd, 2nd Floor, Fort Lauderdale, FL 33301.

Binding Arbitration. If you and Boatyard are unable to resolve a Dispute through informal negotiations, either you or Boatyard may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL AND YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVER SUCH RIGHT. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If such costs are determined by the arbitrator to be excessive, Boatyard will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law of the state of Florida without regard to conflict of laws principles and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Boatyard may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Exceptions to Alternative Dispute Resolution. You and Boatyard agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Boatyard's intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.

Restrictions. You and Boatyard agree that any arbitration will be limited to the Dispute between Boatyard and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Location. Arbitration will take place at any reasonable location within the United States convenient for you.

Severability. You and Boatyard agree that if any portion of this section entitled "Dispute Resolution and Governing Law" is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled "Exceptions to Alternative Dispute Resolution" is found to be illegal or unenforceable, neither you nor Boatyard will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction and you and Boatyard agree to submit to the personal jurisdiction of that court.

Special Promotions

Boatyard may from time to time provide certain promotional opportunities to Boatyard Service Requesters. All promotions will be run at the sole discretion of Boatyard, and can be activated, modified or removed at any time by Boatyard without advance notification.

In the event that you are given a code by or on behalf of Boatyard through which you may refer a friend to Boatyard.com in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by Boatyard in its sole discretion. Without limiting Boatyard's other rights and remedies, Boatyard may terminate such code and/or your account for any breach of this Section.

No Agency

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

General Provisions

Failure by Boatyard to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Boatyard with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Boatyard, its successors and assigns.

Changes to this Agreement and the Service Platform

Boatyard reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service Platform. Your continued use of the Service Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Boatyard may change, modify, suspend, or discontinue any aspect of the Service Platform at any time. Boatyard may also impose limits on certain features or restrict your access to parts or all of the Service Platform without notice or liability.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND AGREE THAT MY USE OF THE PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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