We offer you the Websites, applications, services and content on boatXchg.com and its affiliated sites and services (“boatXchg”) on the condition that you agree to the following terms.
EACH TIME YOU ACCESS, USE OR REGISTER FOR BOATXCHG, YOU ARE SIGNIFYING YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS (either the “Terms of Service” or “Agreement”).
You may not use boatXchg if you do not agree to these Terms of Service.
Summary of Our Terms
- BoatXchg is provided by Stephen D. Griffitts and his affiliates (either “we” or “us”).
- These Terms of Service have the same legal effect as an agreement in writing.
- We can change these terms at any time, in which case such changes take effect after we post notices of the changes.
- We may change or discontinue any feature on boatXchg at any time.
- You agree to pay us for any purchases and subscription plans ordered by you.
- We give you a limited right to access and use boatXchg. You are not authorized to access boatXchg or its computers, servers, or databases to scrape or “data mine” our data.
- You may not resell or redistribute boatXchg services and databases unless otherwise authorized by us in writing.
- You must comply with these terms and all applicable laws when you use boatXchg.
- You will own the Content (defined below) you post on boatXchg. You give us the right to use and re-purpose the Content that you post on boatXchg. We own all compilation rights in our site and services.
- You own or have the right to submit any Content you post on boatXchg.
- We offer boatXchg “AS IS” and without warranties of any kind, and we limit our liability to you.
- You agree that we may send you text messages and MMS messages to your mobile device if you sign up for such features.
- Georgia law governs this Agreement, and you agree to resolve any disputes in Gilmer County, Georgia.
About These Terms
In this Agreement, (a) the term “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms of Service; (b) the term “Content” means any data, information, text, images, audio, video, profiles, and all other forms of data and communications on boatXchg that is provided by us, our Contributors, affiliates, and users; and (c) the term “Contributors” means our users, third party providers, licensors and businesses, Agencies (defined below), Clients (defined below), and proprietors that post content, which include any profiles and listings, on boatXchg. These Terms of Service serve as a binding contract between you and us and govern your relationship with us.
Additional terms may apply to certain subscription plans, purchases, products, services, and content offered by boatXchg or a Contributor.
We will give you the opportunity to review any supplemental terms if you elect to use such products and services. If you do not agree to the additional terms, do not sign up for the additional services.
Google, Inc. provides the map features on boatXchg. When you access and use the map features, you agree to be bound by Google Maps Terms of Service located at http://www.google.com/help/terms_maps.html.
Changes to These Terms
We may make changes to the terms of this Agreement at any time. All modifications will be posted on boatXchg properties and such modifications take effect after we post them. You assume the responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. If you disagree with any material changes to this Agreement, you must discontinue your use of boatXchg. Your ongoing use of boatXchg after the changes take effect signifies your agreement to the new terms.
About boatXchg and its Services
BoatXchg offers Website and mobile applications, databases, Content, business profile services, tools, and other consulting services to help businesses grow, which collective we refer to as “boatXchg” in this Agreement. We may change, update or discontinue any offering, feature or Content on boatXchg at any time and without notice and without liability to you.
Registration and Eligibility
Registration is optional; however, you will need to register with us to use certain of our features and services. We will open an individual profile account when you register on boatXchg. If you open an account, we will give you the ability to set up a profile for your business and use other features of boatXchg. In order to register with boatXchg, you must meet the following qualifications:
- You must be at least 18 years of age and have legal capacity to agree to these Terms of Service.
- You must provide true, accurate, current, and complete registration information.
- You agree to keep this information up-to-date.
- You must abide at all times with the Terms of this Agreement.
- If you are registering on behalf of a business or entity, you must have authority to act on behalf of such business or entity.
We are not responsible if we are unable to communicate with you because you have not kept your registration information up to date. By accessing and/or registering for the use of boatXchg, you represent and warrant that (a) you have the authority and legal capacity to enter into the Agreement and follow its obligations, (b) you have the authority to bind your principal or employer company if you are applying on behalf of a business, and (c) you are providing true, complete, and current information.
Our Contributors, licensors, and we own all rights in the boatXchg site, Content, aggregate user review ratings, data, text, designs, pages, print screens, the organization and structure of our data and Websites, trademarks, logos, trade names, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable or otherwise discoverable on boatXchg. We (or as applicable, our licensors) own all intellectual property rights in our databases’ code, indexes, algorithms, organization and structure, and compilation of data. Except for the limited license we grant to you below, you obtain no other rights in boatXchg or its Content.
License and Authorized Uses
The boatXchg services and its Content are licensed, not sold. We grant you a non-exclusive, non-transferable, limited license to access and use boatXchg and the Content subject to the terms and limitations of this Agreement. Any use beyond this limited license is prohibited. You may create a profile only on your own behalf or on behalf of your business. Unless otherwise provided in any supplemental terms, you may download and temporarily store Content that you purchase to one computing device under your exclusive control. You may use such Content only (1) to display internally such Content for your internal business and research needs and (2) to quote and excerpt from such Content. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. We do not authorize any other access and use of boatXchg not expressly provided in this Agreement.
Unauthorized Access and Use of boatXchg
You may not directly, indirectly, or through any intermediary:
- Copy, scrape, crawl, mine, spider, record, aggregate, resell, retransmit, redistribute, modify, translate, or otherwise create derivative works of boatXchg, its databases, Content, or its user IDs or passwords;
- Export or re-export boatXchg services or its technology and applications in violation of any United States export law or regulation;
- Violate these Terms of Service;
- Violate the intellectual property rights, privacy rights or the rights of others;
- Violate applicable laws and regulations;
- Frame our Websites, pages or other Content;
- Use any automated means to create one or more profiles or user IDs;
- Offer services or assist any other party to circumvent the restrictions in these Terms of Service;
- Store or use our databases or Content to create an archival, searchable database of Content or compile data in a way that can be used by a competitive listing product or service;
- Use our data, information about our customers or Content to send spam, unsolicited communications, or other mass communications to consumers or third parties;
- Use our trademarks, logos, or trade names without our express authorization to solicit your own customers, to imply any affiliation between you and us, or to make misrepresentations about boatXchg or us;
- Make excessive traffic demands on our computer networks, impair, damage, disable, or otherwise attack boatXchg or our computer networks, or attempt to gain unauthorized access to boatXchg through any manual or automated means;
- Circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of boatXchg or otherwise attempt to derive any source code or underlying ideas or algorithms of boatXchg;
- Remove any copyright, trademark or other proprietary rights notices;
- Impersonate any person, business or entity, including our company and our employees and agents;
- Intentionally or negligently mislead others; or
- Create profiles of a third party without the express authorization from such person or entity.
You are responsible for all activities under your subscription account, including all legal liability incurred from the use of your profile by you or others. You may not give access to your profile, or disclose your password to others. You may not harvest Content for the purposes of sending spam or other forms of unsolicited communications. You are responsible for keeping your profile information, including all passwords, confidential. You shall be solely responsible and accept all liability for your (including your agents’ and representatives’) changes, edits, modifications or additions to the information and/or data you receive through boatXchg. We are not responsible if your profile or account is compromised if any of your devices containing your profile (such as a mobile device) is lost or stolen. You are responsible for notifying us immediately if your profile has been compromised.
Use of Content, Forums, Comment Areas, and Message Boards
BOATXCHG PROVIDES THE CONTENT “AS IS” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY ARE YOUR OWN RISK. We offer the Content for general information, general discussion, education, and entertainment purposes only. This Content may be provided by us, our Contributors, and subscribers. Do not construe any Content on boatXchg as endorsed or verified by our Contributors or us. Our Contributors and we are not liable to you or any third party for the truthfulness, accuracy, reliability, completeness, timeliness, legality, or applicability of any Content posted or otherwise transmitted by any users. We do not endorse opinions expressed by any users. We reserve the right, but we shall have no obligation or responsibility to you or any third party, to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content on boatXchg that violates this Agreement, as we determine in our sole discretion.
You acknowledge that we may, but we have no obligation to you or any third party, to investigate and take appropriate technical, legal, and equitable action against anyone who, in our sole discretion, violates this Agreement, including but not limited to, terminating their subscription account and/or reporting such Content, conduct, or activity to law enforcement authorities. We may access, preserve or disclose information you provide, including user Content, when we have a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend our and our Contributors legal rights or property, or their employees, agents, and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of boatXchg or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with application laws or other legal process.
Important Terms About the Content You Post on boatXchg
BoatXchg offers features where Contributors may post Content such as business profiles, ratings, and comments on forums and discussion boards. You remain the owner of any Content you post on boatXchg. However, by submitting Content to boatXchg:
- You grant us, our affiliates, and distributors a perpetual, worldwide and royalty-free right to use, copy, store, display, perform, distribute, redistribute, syndicate, transmit, adapt, and promote your Content, and any information contained within such Content, in any medium including, without limitation, the use of your user name and alias associated with your Content;
- You grant other users of boatXchg free permission to view and use your Content; and
- We own all rights in any compilation and collective works of Content as organized and presented on boatXchg and retained in our databases.
If you participate in any feature on boatXchg that allows users to share, modify, or combine user Content with other Content, you grant us and our users an irrevocable, royalty-free, fully paid-up, perpetual, worldwide right and license to use, share, reproduce, modify, create derivative works, display, distribute, and perform your Content on boatXchg. Any suggestions or ideas that you submit to us become our property and can be used by us for any purpose. We will not pay you for your submissions. We may refuse to publish, and may remove the Content from boatXchg at any time and for any reason. You represent and warrant to us that you have all rights necessary for you to grant the permissions in this section.
In addition to the restrictions specified above, you may not use boatXchg to submit Content or engage in any conduct that:
- Violates laws pertaining to securities and investment advising, including any rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges, especially and including the rule against making false or misleading statements to manipulate the price of any security;
- Constitutes stock touting;
- Posts or transmits any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes;
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, or other proprietary rights;
- Discloses anyone’s identification documents (such as driver license numbers, social security numbers, financial information, or other private or sensitive information;
- Is unlawful, threatening, abusive, harassing, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts, or uses profane or derogatory language;
- Publishes falsehoods or misrepresentations that could damage any person or entity, or is otherwise defamatory, libelous, or deceptive;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonates any person, business or entity, including without limitation, impersonating others to post favorable comments to your profile or business;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Violates any applicable local, state, federal, national or international law, statute, ordinance, or regulation including, without limitation, Credit Card Association rules, consumer protection laws, election laws, laws regulating tobacco-related products and electronic cigarette sales, and laws pertaining to unfair competition, false advertising and discrimination;
- Promotes any form of gambling or lottery type services not affiliated with a state-run lottery service;
- Promotes dating, escort, strip-tease acts, or prostitution;
- Is associated with illegal telecommunications or cable television equipment;
- Is associated with the sale of (a) any controlled drug that requires a prescription from a licensed practitioner unless you are authorized by the National Association of Boards of Pharmacy to offer such products as a Verified Internet Pharmacy Practice Site and only if such a prescription has been issued by the practitioner after a bona fide examination of the patient; or (b) any over-the-counter drug, unless the sale of such product, without a prescription, has been approved by the Food & Drug Administration; or (c) nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval; or (d) any drug or controlled substance that boatXchg believes to be or may become harmful, unlawful, or prohibited;
- Violate Title IV of the Higher Education Act of 1965, Family Education Rights and Privacy Act, Truth in Lending Act, Real Estate Settlement Procedures Act, Equal Credit Opportunity Act, Fair Housing Act or the Fair Credit Reporting Act;
- Is associated with the sale of firearms;
- Involves posting “fake” endorsements or recommendations; or
- Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability.
In order to help you comply with these Terms of Service, you agree to review the information made available to the public by the Security Exchange Commission regarding the prohibitions against insider trading at https://www.sec.gov/fast-answers/answersinsiderhtm.html.
You acknowledge that posting Content that violates the terms of this Agreement, the rights of others, or any applicable law or regulation, may result in civil or criminal liability. You represent and warrant to us that your conduct on boatXchg will at all times comply with the terms of this Agreement.
You are solely responsible for backing up any Content that you store on any customizable area on boatXchg. We are not responsible for the loss of any data or Content you elect to store on boatXchg.
By submitting Content on boatXchg, (a) you represent and warrant that your Content is true, accurate, current, complete, and that you own or have express permission to post the materials on boatXchg; (b) that you have the authority to post such Content and that such submission will not violate any trade secrets, confidential information, or violate any securities laws; (c) in the event your Content contains the name, image, video, audio or participation by individuals, performers, or entities other than you, that you have obtained such parties consent to their appearance or use of their contribution in the Content that you upload; and (d) you agree to indemnify and hold us harmless from all claims, costs and expenses (including legal expenses) arising out of any Content posted or published by you that are in breach of this section.
Last updated: January 1, 2018