This is the Terms for our
Advertisers with BuyMarine.com
.
Welcome to BuyMarine.com. By using
the services on the BuyMarine.com Web sites you are
agreeing to the following terms:
As an advertising user of
BuyMarine.com or any of their Sites, you must read and
accept all of the terms and conditions in, and linked to, this User
Agreement, our
Terms of Use and Privacy Policy.
We strongly recommend that, as you read this User
Agreement, you also access and read any linked
information.
When Using BuyMarine.com Sites
While using the Sites, you will not:
- Post content or
items in an inappropriate category or areas on the
Sites;
violate any laws, third party rights, or our
policies; including any pornographic, nudity or
obscene photos or typed discussion of such
- Use the Sites if you
are not able to form legally binding contracts, are
under the age of 18, or are temporarily or
indefinitely suspended from our Sites;
- Fail to deliver
payment in any transaction for any Third Party Goods
or Services (as defined below) provided to you by a
third party purveyor, unless that third party has
materially changed the good or service from what was
originally listed, a clear typographical error is
made, or you cannot authenticate the third party
purveyor's identity;
- Fail to deliver
goods or services purchased from you, unless the
interested third party fails to meet the posted
terms, or you cannot authenticate the interested
third party's identity; or they do not pay for what
they ordered.
- Manipulate the price
of any good or service or interfere with other
user's listings;
- Circumvent or
manipulate our fee structure, the billing process,
or fees owed to BuyMarine.com;
- Post false,
inaccurate, misleading, defamatory, or libelous
content (including personal information);
- Transfer your
BuyMarine.com account (including
feedback) and User ID to another party without our
consent;
- Distribute or post
spam, chain letters, or pyramid schemes;
- Distribute viruses
or any other technologies that may harm
BuyMarine.com, or the interests or property
of the users of BuyMarine.com
Sites;
- Copy, modify, or
distribute content from the Sites and
BuyMarine.com copyrights and trademarks;
or
- Harvest or otherwise
collect information about users, including e-mail
addresses.
BuyMarine.com works to keep
the Sites working properly and the Community safe.
Please report problems, offensive content and policy
violations to us.
Without limiting other remedies, we may limit,
suspend or terminate our service and user accounts,
prohibit access to our Web site, remove hosted
content, and take technical and legal steps to keep
users off the Sites if we think that they are
creating problems, possible legal liabilities, or
acting inconsistently with the letter or spirit of
our policies. We also reserve the right to cancel
unconfirmed accounts.
Fees
Unless otherwise
stated, all fees are quoted in U.S. Dollars. You are
responsible for paying all fees and applicable taxes
associated with the Sites in a timely manner with a
valid payment method. If your payment method fails
or your account is past due, we may collect fees
owed using other collection mechanisms. (This
includes charging other payment methods on file with
us, retaining collection agencies and legal
counsel.)
Fees and Services
Our Sites offer a service that brings together
third party purveyors and interested third parties
in connection with transactions involving
merchandise and/or services . Information about Third Party Goods or
Services is supplied by third party purveyors and
not by BuyMarine.com. The price and
other terms of any transaction remain subject to
direct negotiation between the parties to the
transaction. The prices listed by third party
purveyors on the Sites often exclude sales tax,
finance charges and other charges including, without
limitation, title, license, regulatory and
compliance fees. Though we hope that all who visit
our Sites will act honorably and treat each other
fairly, we cannot verify the information third party
purveyors supply or guarantee Third Party Goods or
Services they offer. Nor can we assure the third
party purveyor that any check he/she gets from
interested third parties for any Third Party Goods
or Services is valid. When using these Sites to
offer Third Party Goods or Services, we urge third
party purveyors to use the same common sense and
good judgment one would use in offering Third Party
Goods or Services through, or responding to, a
classified ad in the newspaper.
When you offer any Third Party Goods or Services
through the Sites, you must be prepared to provide
those goods or services upon the terms on which you
have listed them, including, where applicable,
transfer of title or ownership. To list Third Party
Goods or Services on the Sites, third party
purveyors are required to provide certain
identifying and contact information. The information
must accurately identify the third party purveyor,
and the method of contact must permit interested
third parties to communicate directly with the third
party purveyor. You may not charge any interested
third party for information about any Third Party
Goods or Services you list on the Sites, nor may you
use our Sites to promote, without our prior written
permission, any other Web site, product or service. BuyMarine.com
reserves the right to deny use of the Sites to
anyone who does not comply with these requirements
or who otherwise uses our Sites in a manner we
consider inappropriate.
Responsibility for the information contained in
listings lies with each third party purveyor. You
alone are responsible for the material you post and
for the content, including, without limitation, all
e-mail messages transmitted through the Sites.
Nothing will undermine a user's confidence in Third
Party Goods or Services you offer faster than
inaccurate statements or misleading representations
about the Third Party Goods or Services. And since
any erosion of user confidence in you is likely to
be accompanied by erosion of user confidence in us,
we require that the information you supply be
accurate and that, in all respects, you treat the
users to the Sites fairly and honorably.
Though we cannot monitor every transaction that
originates on the Sites, we may perform random
quality assurance tests to confirm that those who
offer Third Party Goods or Services over the Sites
are prepared to provide the goods or services on the
terms on which they advertise them. By using our
advertising service, you agree to cooperate in these
random quality assurance tests. If our tests reveal,
or we otherwise learn, that a third party purveyor
is engaging in "bait and switch" or other unfair or
deceptive practices, BuyMarine.com
reserves the right to deny that third party purveyor
use of the advertising service.
When submitting a listing through our advertising
service, you agree to pay the fees specified for the
listing package you select, regardless of whether
you are successful in consummating a transaction of
Third Party Goods or Services as a result of the
listing. Take care in selecting your listing package
and inputting your listing information; listing fees
are generally not refundable, even if you provide
erroneous information or fail to consummate a
transaction of Third Party Goods or Services.
We reserve the right to reject any ad copy. All
orders are subject in all respects to our current
rules and regulations and current demands upon
advertising space. We reserve the right to edit,
reclassify, revise or cancel any advertisement at
any time. Rates and specifications are subject to
change.
We retain the right to deny access to anyone who we
believe has violated these terms or any other term
of this agreement. We will not, in the ordinary
course of business, review the content of private
electronic messages that are not addressed to
BuyMarine.com. However, we may
occasionally release information concerning such
communications when release is appropriate to comply
with law (including disclosure in response to a
request from a law enforcement agency) to enforce
our Terms of Use, User Agreement, Privacy Policy or
to protect the rights, property or safety of
visitors to our Sites, our advertisers, the public
or BuyMarine.com. We do not
knowingly accept advertising that discriminates or
intends to discriminate based on race, color,
religion, sex, national origin, handicap or familial
status.
Publisher accepts no liability for error or
omission. NO REFUNDS AFTER PUBLICATION DEADLINE.
Content License
When you give us content, you grant us a
non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple
tiers) right to exercise the copyright, publicity
and database rights (but no other rights) you have
in the content, in any media known now or in the
future.
Liability
You will not hold BuyMarine.com
responsible for other users' actions or inactions,
including things they post. The Sites are a venue to
allow anyone to consummate transactions involving
Third Party Goods or Services, at any time, from
anywhere, in a variety of pricing formats. We are
not involved in the actual transaction between third
party purveyors and interested third parties. We
have no control over and do not guarantee the
quality, safety or legality of Third Party Goods or
Services advertised, the truth or accuracy of
listings, the ability of third party purveyors to
sell items, the ability of interested third parties
to pay for items, or that an interested third party
and a third party purveyor will actually complete a
transaction.
Transfer Legal Ownership
We do not transfer legal ownership of items from the
third party purveyor to an interested third party,
and nothing in this Agreement shall modify the
governing provisions of Uniform Commercial Code §
2-401(2), under which legal ownership of goods are
transferred upon physical delivery of the goods to
the interested third party by the third party
purveyor. Unless the interested third party and the
third party purveyor agree otherwise, the interested
third party will become the lawful owner of the
goods upon physical receipt of the goods from the
third party purveyor, in accordance with Uniform
Commercial Code § 2-401(2). Further, we cannot
guarantee continuous or secure access to our
services, and operation of the Sites may be
interfered with by numerous factors outside of our
control. Accordingly, to the extent legally
permitted, we exclude all implied warranties, terms
and conditions. We are not liable for any loss of
money, goodwill, or reputation, or any special,
indirect, or consequential damages arising out of
your use of our Sites. Some jurisdictions do not
allow the disclaimer of warranties or exclusion of
damages, so such disclaimers and exclusions may not
apply to you.
Our Liability
Our liability for an error will not exceed the cost
of the space occupied by the error, and in no event
shall our liability for your use of our classified
advertising services exceed the amount you paid for
the use of the services.
Release
If you have a dispute with one or more users,
you release us (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from
claims, demands and damages (actual and
consequential) of every kind and nature, known and
unknown, arising out of or in any way connected with
such disputes. If you are a California resident, you
waive California Civil Code §1542, which says: "A
general release does not extend to claims which the
creditor does not know or suspect to exist in his
favor at the time of executing the release, which if
known by him must have materially affected his
settlement with the debtor."
Access and Interference
Much of the information on the Sites is
updated on a real-time basis and is proprietary or
is licensed to BuyMarine.com by our
users or third parties. You agree that you will not
use any robot, spider, scraper or other automated
means to access the Sites for any purpose.
Much of the information on the Sites is updated on a
real-time basis and is proprietary or is licensed to
BuyMarine.com by our users or third
parties. You agree that you will not use any robot,
spider, scraper or other automated means to access
the Sites for any purpose without our prior, express
written permission. Much of the information on the
Sites is updated on a real-time basis and is
proprietary or is licensed to BuyMarine.com
by our users or third parties. You agree that you
will not use any robot, spider, scraper or other
automated means to access the Sites for any purpose
without our prior, express written permission.
Additionally, you agree that you will not:
- take any action
that imposes or may impose (in our sole
discretion) an unreasonable or
disproportionately large load on our
infrastructure;
- copy, reproduce,
distribute, modify, create derivative works
from, or publicly display any content
(except for your information) from the Sites
without the prior express written permission of
BuyMarine.com and the
appropriate third party, as applicable;
- interfere or
attempt to interfere with the proper working of
the Sites or any activities conducted on the
Sites; or
- bypass our robot
exclusion headers or other measures we may use
to prevent or restrict access to the Sites.
Privacy
We do not sell or rent your personal
information to third parties for their marketing
purposes without your explicit consent. We use
your information only as described in the
BuyMarine.com Privacy Policy.
We view protection of users' privacy as a very
important Community principle. We store and
process your information on computers located in
the United States that are protected by physical
as well as technological security devices. You
can access and modify the information you
provide us and choose not to receive certain
communications by signing-in to your account.
For a complete description of how we use and
protect your personal information, see the
BuyMarine.com Privacy Policy.
If you object to your information being
transferred or used in this way, please do not
use our services.
Indemnity
You will indemnify and hold us (and our
officers, directors, agents, subsidiaries, joint
ventures and employees) harmless from any claim
or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of
or relating to your breach of this Agreement, or
your violation of any law or the rights of a
third party.
No Agency
No agency, partnership, joint venture,
employee-employer or franchiser-franchisee
relationship is intended or created by this
Agreement.
Notices
Except as explicitly stated otherwise, legal
notices shall be served on BuyMarine.com'
national registered agent (in the case of
BuyMarine.com) or to the e-mail
address you provide to BuyMarine.com
during the registration process (in your case).
Notice shall be deemed given 24 hours after
e-mail is sent, unless the sending party is
notified that the e-mail address is invalid.
Alternatively, we may give you legal notice by
mail to the address provided during the
registration process. In such case, notice shall
be deemed given four days after the date of
mailing.
Law and Forum for Disputes
This Agreement shall be governed in all
respects by the laws of the State of Florida as
they apply to agreements entered into and to be
performed entirely within Florida between
Florida residents, without regard to conflict of
law provisions. You agree that any claim or
dispute you may have against
BuyMarine.com must be resolved by a
court located in Florida. You agree to submit to
the personal jurisdiction of the courts located
within Florida for the purpose of litigating all
such claims or disputes.
For More Information
please contact:
sales@buymarine.com
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