By visiting, using and/or submitting information to www.boatstobuy.com, its sub-domains and affiliated sites, including, without limitation, www.boatstobuy.com (collectively "boatstobuy"), you are accepting the practices described in this Privacy Policy and the terms and conditions of our Agreement of Terms of Use located at the URL www.boatstobuy.com/dev/about/terms (the "Terms of Use"). For purposes of this Agreement and the Privacy Policy, the terms "we," "us," or "our" means www.boatstobuy.com.

We take your privacy seriously and published this Privacy Policy to help you understand how we collect and use your personal information.

Collection of Personally Identifiable Information

Certain features of boatstobuy require you to provide personally identifiable information. Personal information generally includes information that could be used to determine your identity, such as your name or email or email address. The following are certain situations in which we may collect personal informationfrom you:

• Registration. When you register with us, we may ask for personal information like your name and e-mail address along with hailing port and boat information. We collect this personal information from you.
• Use of Forums. If you choose to transmit, submit or post information through any forums available on boatstobuy, we will collect that information you provide.
• Forms. We may collect personal information from you if you choose to fill out any forms, profiles, or surveys.
• Correspondence. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on boatstobuy, we may choose to collect such information about you.
• Business Partners. We may receive your personal information from one of our business partners.

Use of Personally Identifiable Information

We use your personal information as follows:

• to fulfill your requests for certain products and services, such as creating your profile;
• to contact you and deliver information to you such as administrative notices, offerings, and other communications relevant to your use of boatstobuy;
• to analyze site usage, conduct market research, improve marketing and promotional efforts, and improve and customize our content, layout, products and services;
• to provide customer support and troubleshoot and resolve problems and disputes;
• for trying to detect and protect against error, fraud or other criminal activity, enforcing our Terms of Use, other internal purposes, and as otherwise described to you at the time of collection; and
• as otherwise set forth in this Privacy Policy.

You expressly agree to our use of your personal information as set forth in this Privacy Policy and the Terms of Use.

Disclosure of Personal Information

The following describes some of the ways that your personal information may be disclosed in the normal scope of business:

• Forums . Any information that you place or submit to be placed within your Captain profile or within any other forum on the boatstobuy will be disclosed to the public.
• Advertisers . We may aggregate personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. We do not disclose your information in a personally identifiable manner to such third party advertisers without your consent .
• External Service Providers. There may be a number of separate services offered by third parties on boatstobuy that we refer to as external service providers and that may be complementary to your use of boatstobuy. We will only provide your personal information to an external service provider with your consent. To prevent the disclosure of your personal information to an external service provider, you can decline such consent or simply not use their services.

Please note that if you choose to use the services of, or disclose information to, an external service provider, then the external service provider’s use of your information is governed by the external service provider’s privacy policy. You should evaluate the practices of external services providers before deciding to use their services.

• Internal Service Providers . We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of our business, product and service operations (e.g., technology, Forums, analytical tools, advertising campaign management) and therefore we may provide some of your personal information directly to these internal service providers. We implement reasonable contractual and technical protections limiting the use of your personal information by internal service providers, unless you have provided permission for additional uses.

Please note that if you provide additional information to an internal service provider directly, then the internal service provider’s use of your personal information is governed by the internal service provider’s privacy policy. You should evaluate the practices of internal services providers before deciding to provide information directly to an internal service provider.

Notwithstanding the foregoing, we reserve the right (and you authorize us) to share or disclose your personal information when we determine, in our sole discretion, that the disclosure of your personal information is necessary to identify, contact, or bring legal action against you if:

• you are or may be violating this Privacy Policy or our Terms of Use;
• you are interfering with another's rights or property, including, without limitation, our rights or property;
• you are violating any applicable law, rule or regulation;
• necessary or required by any applicable law, rule or regulation; and/or
• requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency.

Personal information and other details collected from you may also be transferred to a third party as a result of a sale, acquisition, merger, reorganization, other transfer or bankruptcy (a "Transfer") involving us and/or our affiliates. We specifically reserve the right to transfer personal information collected from boatstobuy, and any of its databases, together with any personal information contained therein, to a third party in connection with a Transfer, and nothing in this Privacy Policy is intended to interfere with our ability to transfer all or part of our business and/or assets (including boatstobuy) to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever.

Please note that, although we use security measures to keep your personal information anonymous, no security measure is perfect or impenetrable. In addition, due to the existing environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. Therefore, notwithstanding anything to the contrary within this Privacy Policy, the Terms of Use or boatstobuy, you use boatstobuy at your own risk and we do not promise, and you should not expect, that your personal information or private communications will always remain private. 

Network Advertising

We may use third-party advertising companies for marketing, advertising and promotional purposes, as well as to serve advertisements to you. Using third-party advertising companies helps us and third-party advertisers better determine which advertisements or content to serve to you. For example, the third-party advertisers may use information regarding your visits to boatstobuy and other Web sites in order to provide advertisements about goods and services, that third party advertisers believe will be of interest to you.

The types of information that may be collected by third-party advertising companies include the following:

• the type of Internet browser you use;
• the type of computer operating system you use;
• the domain name of a Web site you visit, as well as information related to Web sites and Web pages you are viewing when an advertisement is requested;
• whether or not you visit specific pages of boatstobuy or other Web sites;
• the location of your Internet service provider's point of presence;
• the date and time of a visit to a Web site;
• search keywords passed from another server;
• the number of times you have clicked on an advertisement; and
• other interactions between you and a Web site.

CAN-SPAM Compliance

We send only verified, double-opt-in e-mails, specifically requested by our subscribers. We are fully compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.

Cookie technology

"Cookies" are alphanumeric identifiers in the form of text files that are inserted and stored by your Web browser on your computer's hard drive. We , our external service providers, internal service providers, and third-party advertising companies, may set and access cookies on your computer to track and store preferential information about you. We , and our external service providers, internal service providers, and third-party advertising companies gather anonymous information about you through cookie technology on an aggregate level only. For example, a third-party advertising company may assign a cookie (and a Web beacon, described below) to you, to limit the amount of times you see a particular advertisement or to help better determine which advertisements to serve to you. Please note that most Internet browsers will allow you to stop cookies from being stored on your computer and to delete cookies stored on your computer.

Web beacons

"Web beacons", also called single-pixels (1x1) or clear GIFs, are electronic images that allow a Web site to access cookies and help track marketing campaigns and general usage patterns of visitors to those Web sites. Web beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the Web beacon is placed. No personal information about you is shared with third parties through the use of Web beacons.

• Internal use of Web beacons. We may use Web beacons internally to count users and recognize users through cookies. Access to cookies helps us personalize your experience when you visit boatstobuy.
• Email. We may include Web beacons in HTML-formatted email messages that we or our affiliates or agents send. Including Web beacons in email messages helps us determine your interest in and the effectiveness of such emails.
• External use of Web beacons. We may also use Web beacons externally. For example, we may report aggregate information about boatstobuy users, such as demographic and usage information, to third parties. We may also include other company’s Web beacons within boatstobuy.

Security

We use industry-standard security measures to protect your information. In the unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate such information.

Links to Other Web sites

Boatstobuy may include links to other third party Web sites. Such links are not an endorsement by us of those Web sites and/or the products or services offered there. Third party Web sites may have different privacy policies and we are not responsible for the privacy practices of those third party Web sites. If you click on a link to a third party Web site, we encourage you to check the privacy policy of that Web site, as it may differ substantially from that of this Privacy Policy.

Access and Use of boatstobuy

Boatstobuy is intended to be accessed and used only by adults and is not directed to children under the age of 18. We do not knowingly permit registration of personal information by anyone under the age of 18. You hereby agree not to submit any information to us about anyone under the age of 18. We cannot verify that a submission does not constitute information about a person under the age of 18.

Changes to this Privacy Policy

We reserve the right to update, amend and/or change this Privacy Policy at any time in our sole discretion and without notice. Updates to this Privacy Policy will be posted here. Any information we collect from you online is subject only to our most current Privacy Policy. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Our last update was September 12, 2007 . Your continued access and use of boatstobuy following the posting of any such changes shall automatically be deemed your acceptance of the same.

In the event one part of this Privacy Policy is found to be invalid or unenforceable, such provision shall be struck and the other provisions shall remain valid and enforceable provided that doing so does not render the Privacy Policy meaningless or of no value.

Governing Law; Arbitration

This Privacy Policy is to be governed by and construed in accordance with the internal laws of the State of Connecticut, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of, or relating to, this Privacy Policy shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Connecticut. You and we shall select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator as a retainer for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us , and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or we be entitled to punitive, special, indirect or consequential damages, and both you and we hereby waive your rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business. The provisions of the Terms of Use, including, without limitation, disclaimers of warranty, limitation of liability and indemnification, apply to this Privacy Policy.

Amendment

We may amend this Privacy Policy at any time by posting the amended terms on the boatstobuy. All amended terms shall automatically be effective when posted on the boatstobuy.

Contact Us

You can direct any questions concerning this Privacy Policy to us at the following addresses:

Via E-mail: info@boatstobuy 

Agreement of Terms of Service

By visiting, using and/or submitting information to www.boatstobuy, its sub-domains and affiliated sites, including, without limitation, www.boatstobuy.com (collectively "boatstobuy"), you agree to be bound by the terms and conditions of this Agreement of Terms of Service (this "Agreement") and our Privacy Policy, located at www.boatstobuy/privacy (the "Privacy Policy"). For purposes of this Agreement and the Privacy Policy, the terms "we," "us," or "our" means www.boatstobuy.

This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.

Consideration and Your Compliance with this Agreement

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to boatstobuy. You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, we may monitor your access and use of boatstobuy in accordance with our Privacy Policy.

Boatstobuy is not Intended for Minors

Boatstobuy is not intended to be used by, and is not directed to, anyone under 18 years of age. You represent that you are at least 18 years of age. In accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"), if we receive a complaint which states that a user is under 13 years of age, we will (i) request verifiable parental consent prior to gathering any additional personal information from such visitor or user, (ii) keep confidential and secure all personal information gathered from such visitor or user, (iii) provide the applicable parent(s) with access to any personal information gathered from the visitor or user, and (iv) provide the applicable parent(s) the opportunity to prohibit further collection of personal information from such visitor or user.

Your Access and Use of boatstobuy

Your right to access and use boatstobuy is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use boatstobuy for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy.

Your access and use of boatstobuy may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of boatstobuy or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of boatstobuy and/or any portion or feature of boatstobuy at any time in our sole discretion and without prior notice.

Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or our Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of boatstobuy; or (iii) through the use of boatstobuy, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use boatstobuy. You shall not metatag or frame boatstobuy without our prior express written permission.

Public Forums

Boatstobuy may act as a venue, through its blogs and other forums (collectively, the "Forums"), allowing the users to contribute information and make statements ("User Generated Content"). We are not involved in the actual transmission of User Generated Content provided for in the Forums. As a result, we do not approve or endorse any User Generated Content in the Forums. You hereby acknowledge and agree that we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided for by you or any other person or entity in the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, indecent, objectionable, inaccurate or deceptive, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect to such User Generated Content. Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums. Without limiting the generality of the foregoing, and although we do not regularly review User Generated Content provided for in the Forums, we reserve the right, but not the obligation, to remove or edit any User Generated Content in the Forums.

Immediately report problems with the Forums to us at info@boatstobuy.com

Transmissions, Submissions and Postings to boatstobuy

 
If you transmit, submit or post information to boatstobuy that is not Federally trademarked and/or copyrighted, you automatically grant us and our affiliates the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from us to transmit, submit or post information to boatstobuy that is Federally trademarked and/or copyrighted, you automatically grant us and our affiliates the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.

You shall not transmit, submit or post the following to boatstobuy:

• Information that infringes our or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
• Information that violates any law, statute, ordinance or regulation;
• Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party's rights of publicity or privacy;
• Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Information containing or constituting chain letters, mass mailings, political campaigning, or any form of "spam";
• Information that is false, inaccurate or misleading;
• Commercial advertisements or solicitations without our written permission; or
• Federally Trademarked and/or Copyrighted information without our written permission.

Although we do not regularly review your transmissions, submissions or postings, we reserve the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to our Privacy Policy, we may review transmissions, submissions or postings made by you to determine, in our sole discretion, your compliance with this Agreement.

You shall be solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.

Our Intellectual Property Rights

The names "boatstobuy" and our graphics, logos, page headers, button icons, scripts, and service names are our or our affiliates' trademarks or trade dress, in the United States and/or other countries (collectively, the "Proprietary Marks"). You may not use the Proprietary Marks without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on boatstobuy. Any third-party names, trademarks, and service marks are property of their respective owners.

The information, advice, data, software and content viewable on, contained in, or downloadable from, boatstobuy (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the "Collective Work"). All software used on boatstobuy (the "Software") is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

You shall be solely responsible for any damage resulting from your infringement of our or any third party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

Your Use of the Content

We grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without our express prior written permission, which permission may be withheld in our sole discretion.

You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written permission, which permission may be withheld in our sole discretion.

Linking Policy

We encourage and permit you to include text links to content on boatstobuy on your website(s), provided that: (a) any text-only link must clearly be marked "Boatstobuy," (b) any link that is not text-only must be our approved logo and accompanying code; (c) the link must further boatstobuy and its purpose; (d) the appearance, position, and other aspects of the link and host website may not be misleading, fraudulent, or in any other manner damage or dilute the goodwill associated with our name and trademarks, as determined by us in our sole discretion; (e) the appearance, position and other aspects of the link and host website may not create the false appearance than an entity other than us is associated with the link, or that the host website is sponsored by us; (f) the link, when activated by an internet user, must display boatstobuy full-screen and not with a "frame" on the linked website; and (g) we reserve the right to revoke our consent to the link at any time, in our sole discretion, upon notice to you or by amending this Agreement.

We are not responsible for any information, content, or materials contained or provided for on any such host website. Links to boatstobuy are allowed solely for convenience to internet users and to further boatstobuy and its purpose, and are not intended as an endorsement by us of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website.

Access and Interference

You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor boatstobuy or any portion of boatstobuy or for any other purpose, without our express written permission which may be withheld in our sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from boatstobuy without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of boatstobuy or any activities conducted on boatstobuy; or (iv) bypass measures we may use to prevent or restrict access to boatstobuy. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials form boatstobuy for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from boatstobuy. You shall not use any communication systems provided on boatstobuy (i.e., Forums or email) for any commercial or solicitation purposes. You agree not to solicit for commercial purposes any users of boatstobuy without our prior, written consent.

Electronic Communications

 
When you visit boatstobuy or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on boatstobuy. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your Responsibility for Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use boatstobuy, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of boatstobuy.

Third Party Links

There may be provided on boatstobuy links to other websites belonging to our advertisers, business partners, affiliates and other third parties. Such links do not constitute our endorsement of those websites, nor the products or services listed on those websites. We are not responsible for the activities or policies of those websites. We do not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party.

Copyright Infringement

It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We shall in appropriate circumstances disable and/or terminate the accounts of users who may infringe or repeatedly infringe our or others' copyrights or other intellectual property rights.

Notifications (each a "Notification") of claimed copyright infringement should be sent via email laura@boatstobuy 

Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
2. 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;
3. 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;
4. Information reasonably sufficient to permit us 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;
5. 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; and
6. 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.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:

7. We will remove or disable access to the material that is alleged to be infringing;
8. We will forward the written Notification to the alleged infringer ("Subscriber"); and
9. We will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.

Counter Notification:

Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication ("Counter Notification") to our designated agent that includes substantially the following:

10. A physical or electronic signature of the Subscriber;
11. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
12. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
13. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which our offices may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:

14. We will promptly provide the Complaining Party with a copy of the Counter Notification;
15. We will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
16. We will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.

We Make No Representations or Warranties

The Content and all services and products associated with boatstobuy are provided to you on an "as-is" and "as available" basis. WE make no representations or warranties of any kind, express or implied, as to the operation of boatstobuy or the information, content, materials, products or services included on or associated with boatstobuy. You expressly agree that your use of boatstobuy and all products and services included on or associated with boatstobuy is at your sole risk.

we do not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content or the services and products associated with boatstobuy, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the services and products associated with boatstobuy. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with boatstobuy. we make no representation, warranty or guarantee that the Content that may be available for downloading from boatstobuy is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Boatstobuy is controlled and offered by us from our facilities in the United States of America. We make no representations that boatstobuy is appropriate or available for use in other jurisdictions. If you access or use boatstobuy from other jurisdictions, you do so by your own volition and are solely responsible for compliance with local law.

Limitations on Our Liability

WE shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of boatstobuy; (iii) your DELAY IN ACCESSING OR inability to access or use boatstobuy for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH boatstobuy, OR OTHERWISE ARISING OUT OF THE USE OF boatstobuy, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE, OUR AFFILITES AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICRES, EMPLOYEES AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GEENRATER CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO BOATSTOBUY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

Your Indemnification of Us

You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personal information requested or required by us; (iii) your access or use of boatstobuy; (iv) access or use of boatstobuy under any password that may be issued to you; and/or (v) your transmissions, submissions or postings (i.e., your own User Generated Content).

Amendments of this Agreement

We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Our last update was September 12, 2007. Your continued access and use of boatstobuy following the posting of any such changes shall automatically be deemed your acceptance of all changes.

Our Remedies

You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts in Connecticut. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Governing Law; Arbitration

You agree that: (i) boatstobuy shall be deemed solely based in the State of Connecticut; and (ii) boatstobuy shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Connecticut. This Agreement is to be governed by and construed in accordance with the internal laws of the State of Connecticut, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the state of Connecticut.

THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. By using boatstobuy you consent to these restrictions.

You and we shall select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Connecticut.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or we be entitled to punitive damages and both you and we hereby waive your and our respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement and our Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or boatstobuy, please contact us via any of the methods set forth below:

admin@boatstobuy