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Terms & Policy |
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Introduction |
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This document comprises the Terms of Use Agreement, hereinafter referred to as the "Agreement", and constitutes a legally binding Agreement between you, ("You") the visitor to our site, our user of our tools and services, hereinafter referred to as the "site", and Yachtloop, LLC a limited liability company duly formed in Delaware, USA, that serves as the owner and operator of this site.
As a condition precedent to you being able to use any of the tools, functions and services provided to you by Yachtloop.com, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this site, or use any tools, functions or services that this site offers, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this site at once and you may not use the tools and services that Yachtloop.com provides.
Any usage by you of any tool or service that we provide is your express indication to us that you agree to be bound by each and every term and condition contained within this Agreement.
We reserve the right to alter, amend, redact, and modify this Agreement at any time without prior notice to you. Your usage of any tool or service that Yachtloop.com provides subsequent to any modification of any nature by us to this Agreement is your express indication to us that you agree to be bound by each and every term contained within the modified version of this Agreement. We may cease the provision of any and all tools and services at any time for any reason in our sole discretion we find reasonable with no prior notice being given to you.
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General Rules of Conduct |
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Site visitors and those who use Yachtloop.com's tools and services may not:
Violate the law of any jurisdiction while visiting Yachtloop.com or using any tool or service that we provide.
Conduct any activity that is harmful or detrimental to our Yachtloop.com or our business operations as solely determined by us.
Minors should be supervised by their parent or guardian while using the tools and services that we provide. However, parents and guardians of minors who use the tools and services that this site provides expressly agree to be bound by this Agreement. Do not use this site if you are under the age of majority in your jurisdiction unless you are directly supervised by your parent or legal guardian.
We may post rules, guidelines or policies. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.
Any user may terminate their use of Yachtloop.com at any time without notifying us.
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Modification of Services and Additional Information |
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Yachtloop.com constantly evolves as we strive to provider improved services to our user community. As such, you agree that the form and content of our services and tools will not remain fixed but rather, shall be subject to constant alternation in our attempt to perfect our tools and services and service changes will take place without prior notice being given to you.
We may disable or prevent your usage of our tools and services at anytime with no prior notice to you for any reason we deem appropriate. We will not provide an explanation regarding why we have disabled or prevented your usage of our tools and services if we disable or prevent your usage or access.
We do not presently limit the amount of times you may access our tools and services but we may engage such limits in the future with no prior notice being given to you.
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Access of Services and Materials |
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You agree to refrain from accessing our tools and services by any means other than directly via the interface provided at Yachtloop.com. You further agree that you may not access our tools and services via any automated means (such as programs, scripts, robots or any other automated system, whether known or unknown at the time of the publication of this Agreement). You agree that you will not resell, exchange, duplicate, sell, lease, lend, copy or reproduce our tools, services, discovered lists of links or material produced by our tools and services, our trade dress, trademarks, copyright protected property, intellectual property of any and all nature, or any other property or design of Yachtloop.com without our express written permission. |
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Your Acceptance of Personal Responsibility |
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You agree that you are solely responsible for any violation or breach of the any of the terms and conditions of this Agreement including any damages, loss, fees, costs or reasonable attorney's fees suffered by YachtLoop.com pursuant to your violation and or breach of any such terms and conditions contained herein. |
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Content Related Terms and Conditions |
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Pursuant to your use of our tools and services, you will possibly obtain links to data and information as a product of a search conducted via Yachtloop.com. Such data and information could potentially include text, software, music/audio, video, animation, scripts, data and other files of various formats and content ("Content Results"). All such Content Results are created or provided by third parties and are the sole responsibility of those third parties who have created the content or otherwise made the Content Results available on the Internet. You agree to hold YachtLoop.com harmless regarding any loss, damage or injury resulting from such Content Results.
All content, including advertising, the content published on our site, and Content Results, may be subject to various copyright, trademark, trade dress, patent and other intellectual property and other legal restrictions. You may not use any such content in anyway that violates intellectual property rights, rights of privacy, rights of publicity or in any other way violates any criminal, civil, or other law or regulation of any jurisdiction regardless of the jurisdiction you are present within during the time you accessed such content or used such content.
We may screen, filter, block, alter, or remove any content at any time, including Content Results, with no prior notice to you or any notification to you what so ever, including screening, filtering, blocking, altering or removing any content on a basis that limits access to those living or working in certain nations while allowing the content to be provided without similar restrictions to those living in other nations. We have no responsibility to filter, block, alter or remove any content and have to sole discretion to either do so or refrain from doing so. We may annotate content internally or publish annotations, or variations thereof, if we deem appropriate to do so.
Any usage of our site, or the Internet in itself, may result in objectionable content being viewed or received by our site user-you, as our site user, assume the sole risk of harm regarding such content, including all potential harm, loss or injury of any and all nature.
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Confidentiality and other Issues |
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As a user of Yachtloop.com, you may receive material designated as confidential in nature by Yachtloop.com and owned solely by Yachtloop.com and you agree to hold such material confidential. You agree that all intellectual property owned by Yachtloop.com is the sole property of Yachtloop.com and that you may not use such material in anyway contrary to the legal rights of Yachtloop.com unless you have received express written permission from Yachtloop.com. Nothing in this Agreement grants you any right to use trademarks, trade names, domain names, logos, patents, copyrights or any other similar materials and property without the express permission of the owner(s) of such materials and property. We do not have any responsibility to protect or enforce the legal rights of any third party, including you, unless we have agreed to that in a separate writing. |
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Your License to use Yachtloop.com Services and Tools. |
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You are granted a personal, royalty-free, non-transferable, non-assignable and non-exclusive license to use the Yachtloop.com tools and services made available to the public at large. You may not use Yachtloop.com tools or services in any way that is contraindicated by the terms and conditions of this Agreement or in any way that we disallow in the future. |
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License Regarding Your Content |
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You agree that any content provided by you maybe be published world wide via our tools and services at no cost to Yachtloop.com. We are given the right by you to modify the content in anyway required to ensure proper transmission or delivery to our user base. Some content may be blocked, redacted, or restricted. You confirm that you have the right and legal ability to grant this license to us. |
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Disclaimer of Warranty |
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We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site is provided to you "As Is, Where Is", without any warranty of any kind, express or implied. |
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Intellectual Property Provisions |
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All content provided within or via this site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be "framed" or "mirrored". All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way. |
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Automatic Viewing or Usage of this Site |
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You may not use any automated scripts or "robots" to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site. |
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Links to Third Party Sites |
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We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites. |
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Submissions |
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All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. "Submissions" may be thought of as "letters to the editor" or "suggestions/ideas" type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action. |
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Limitation of Liability |
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We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly. |
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Jurisdiction/Arbitration |
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This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Delaware, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Los Angeles, California, or any location closer to our offices within Ventura County, California, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section. |
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Foreign Usage |
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We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA). |
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General Information |
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This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere.
Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
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Notice |
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Notices to you may be issued via electronic mail or by surface mail, at our sole selection. |
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Force Majeure |
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Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances. |
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Intellectual Property Notices |
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You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be "willful" in nature.
All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.
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Click here to Contact Us |
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