Terms of Use

Boat-Dealers.org TERMS AND CONDITIONS

 

 

Introduction

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

  

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our Boat-Dealers.org's use of cookies in accordance with the terms of Boat-Dealers.org's privacy policy / cookies policy.

 

License to use website

 

Unless otherwise stated, Boat-Dealers.org and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages, text, or images from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. Scraping is not allowed but you can purchase data from us.

 

You must not:

 

·        republish material from this website (including republication on another website);

·        sell, rent or sub-license material from the website;

·        show any material from the website in public;

·        reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

·        redistribute material from this website.

 

 

Acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.

 

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing.

 

Restricted access

 

Access to certain areas of this website is restricted. Boat-Dealers.org reserves the right to restrict access to some areas of this website, or indeed this entire website, at our discretion.

 

If Boat-Dealers.org provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

 Boat-Dealers.org may disable your user ID and password in our sole discretion without notice or explanation.

 

User content

 In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 You grant to Boat-Dealers.org a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Boat-Dealers.org the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Boat-Dealers.org or a third party (in each case under any applicable law). 

 You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

Boat-Dealers.org reserves the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.

 

[Notwithstanding our rights under these terms and conditions in relation to user content, Boat-Dealers.org does not 

undertake to monitor the submission of such content to, or the publication of such content on, this website.]

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  Boat-Dealers.org makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, Boat-Dealers.org does not warrant that:

 

l  this website will be constantly available, or available at all; or

l  the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

 Refund Policy

You may request a full refund by submitting an email to us within 5 days of purchase describing why. It is expected that you had ready this policy.

Right of Rescission: As a customer of Boat-dealers.org.com, you have the right to cancel your order and request a refund within 5 days of the purchase date. This right of rescission allows you to cancel your subscription or service without penalty, provided that you notify us in writing within the specified timeframe and within the limited guarantees in this agreement for reasonable reasons. To exercise your right of rescission, please send an email to with your cancellation request. Please include your order number, order email and reason.

 

Limitations of liability

 

Boat-Dealers.org will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

l  [to the extent that the website is provided free-of-charge, for any direct loss;]

l  for any indirect, special or consequential loss; or

l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Boat-Dealers.org has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any:

 

l  death or personal injury caused by our negligence;

l  fraud or fraudulent misrepresentation on the part of Boat-Dealers.org; or

l  matter which it would be illegal or unlawful for Boat-Dealers.org to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

[You accept that, as a limited liability entity, Boat-Dealers.org has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website.]

 

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Boat-Dealers.org.

 Indemnification

You agree that you will indemnify and hold harmless The-Company, its affiliated companies and their officers, directors, employees and shareholders from any and all damages as well as any and all fines, penalties or any other liabilities imposed by local, state or federal laws or regulations or claimed by any third party, including attorneys fees, which result from or arise out of your giving The-Company data or information, or your use of the information reports and services which are provided on this website or any trademark or copyright infringement you suspect. You agree not to sue for any reason including fair competition law. The User agrees to indemnify and hold nivalerte and its subsidiaries, affiliates, officers, agents, associate entities and employees, harmless from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of: the User’s use or misuse of the system or the data provided, the content submitted, posted, transmitted or made available through boat-dealers.org by the User; the User’s connection to us; the User’s violation of the terms, or the User’s violation of any rights of another. Affiliates and marketers indemnify us from any problems they my encounter, legal issues, or damages. any contract work we do for you also falls under the protections afforded to us by this agreement.

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify Boat-Dealers.org and undertake to keep Boat-Dealers.org indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Boat-Dealers.org to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by Boat-Dealers.org arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 

Breaches of these terms and conditions

 

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, Boat-Dealers.org may take such action as Boat-Dealers.org deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

 

Boat-Dealers.org may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

 

Boat-Dealers.org may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

 

These terms and conditions together with other published policies constitute the entire agreement between you and Boat-Dealers.org in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

 

These terms and conditions will be governed by and construed in accordance with Canadian LAW, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Quebec.

 

Registrations and authorisations

 

Boat-Dealers.org is registered with quebec as nivalerte.

Filing a Complaint

1. Submit Your Complaint: Please submit your complaint through our contact page. Ensure to provide detailed information about your issue to help us understand and address it effectively.

2. Review Process: Once your complaint is received, our Customer Service team will review it and get back to you within 3 days on average. We may contact you for additional information if needed.

3. Resolution: We strive to resolve all complaints in a fair and timely manner. Our Customer Service team will work with you to address your concerns and find a suitable resolution while taking into accout the product description and terms of service.

4. Follow-Up: After resolving the complaint, we may follow up with you to ensure that the issue has been addressed to your satisfaction and to gather feedback on our resolution process.

Class action waiver.
By signing this agreement or using our services, you expressly waive your right to participate in any class, collective, or representative action, whether filed before, on, or after the effective date of this agreement. This waiver applies retroactively to any claims that may have arisen before this agreement’s execution, whether known or unknown at the time of signing. You acknowledge that you have been provided with adequate consideration in exchange for this waiver and that this provision is a material condition of this agreement.

ARBITRATION:
THE PARTIES HEREBY AGREE, IN CONSIDERATION OF THE FORGOING AND AS A CONDITION OF ACCEPTING SERVICE, THAT ANY CLAIM OR DISPUTE (INCLUDING THOSE BASED ON CONTRACT, NEGLIGENCE, TORT OR STATUTE) AMONGST THE PARTIES INCLUDING, BUT NOT LIMITED TO ANY THIRD PARTY CLAIM AND OR CLAIM FOR INDEMNITY OF CONTRIBUTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR THE SERVICES PROVIDED BY US UNDER THIS AGREEMENT, SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION, ACCELERATED PROCEDURES. ARBITRATION SHALL TAKE PLACE IN MONTREAL CANADA. EACH PARTY SHALL BEAR THEIR OWN COSTS (INCLUDING ARBITRATION COSTS) AND ATTORNEY’S FEES.

Testimonial Release:

The user understands that any testimonial they provide to nivalerte by any means and at any public location, including all text, images, and video (hereinafter called “The Testimonial”), was made on behalf of of your own will, and that you certify by means of this affidavit that your testimonial is factual and agree that it will be used in marketing and promoting our business. You authorize us to use The Testimonial in marketing and promotional efforts, including, but not limited to, advertisements, social media posts, blog, website, and brochures. You waive any claim to inspect, edit or approve of any materials where The Testimonial is used. You also waive any claim to copyright The Testimonial or materials where The Testimonial appears, and waive any claim to financial compensation or gain from using The Testimonial. Boat-Dealers.org testimonials may be typical or atypical client results. every vessel lookup is different.

 Acknowledgment of Risk I, the undersigned, acknowledge that the use of the our System (the "System") and related services involves inherent risks, including but not limited to weather conditions, equipment failure, and human error. I understand that the System is designed to provide alerts related to boating safety and conditions, but I recognize that these alerts may not always be accurate, timely, or complete.

 Assumption of Risk By using the System, I assume full responsibility for any and all risks of injury, death, property damage, or other loss arising from my participation in activities related to the System, including but not limited to boating activities and the use of the alerts provided by the System.

 Waiver of Liability I, for myself, my heirs, executors, administrators, and assigns, hereby release and discharge Boat Alert (the "Company"), its officers, directors, employees, agents, affiliates, and any other parties involved in the development, maintenance, or operation of the System (the "Released Parties") from any and all claims, demands, damages, losses, or causes of action, including legal fees, arising from or in connection with my use of the System or any alert or information I may receive through it, whether or not caused by the negligence or fault of the Released Parties.

 No Warranty I acknowledge that the Company does not guarantee the accuracy, reliability, or completeness of the reports or other information provided by the System. The System is provided on an "as-is" basis, and the Company makes no warranties, express or implied, regarding the System's performance or fitness for any particular purpose.

 Recurring Billing. our plans are subscription plans so they will rebill automatically as indicated on the order page.

ROCSA Protection and Recurring Billing Disclosure for Dealership Plan

By subscribing to the Dealership Plan on Boat-dealers.org, you acknowledge and agree to the following terms regarding your recurring billing and cancellation rights: 

Click2Cancel: To provide you with an easy and transparent cancellation process, Boat-dealers.org offers a Click2Cancel feature. You can cancel your subscription at any time directly through your account dashboard or by contacting us via email. Cancellation will take effect at the end of your current billing cycle, and you will not be charged for the following period.

Digital Millennium Copyright Act (“DMCA”) Policy

At boat-dealers.org, we take copyright law seriously and respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA"), we have established the following policy for reporting and responding to claims of copyright infringement.

1. Copyright Infringement Notification

If you believe that your copyrighted work has been infringed on our website, you may submit a notification of claimed infringement ("DMCA Notice") to our designated Copyright Agent, as described below. The DMCA Notice must contain the following information:

1. Identification of the copyrighted work that you believe has been infringed. If multiple copyrighted works are involved, a representative list of such works may be provided.

2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity. This should include sufficient detail to allow us to locate the material on our website, such as the URL(s) where the infringing material is located.

3. Your contact information, including your full legal name, address, telephone number, and email address.

4. A statement that you have a good faith belief that the material identified in the DMCA Notice is not authorized by the copyright owner, its agent, or the law.

5. A statement, made under penalty of perjury, that the information in the notice is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.

6. Your physical or electronic signature (or the signature of the person authorized to act on your behalf).

7. You should have a trained professional evaluate the facts of every takedown notice you send. If you are outsourcing your efforts to a third party, make sure you know how they operate, and make sure they are not using automated bots to submit notices in bulk. These notices are often invalid and processing them results in needlessly taking down content.

2. Removal of Infringing Content: Upon receiving a valid DMCA Notice, we will promptly remove or disable access to the allegedly infringing content in accordance with the DMCA. We will notify the user who submitted the content of the action taken.

3. Repeat Infringers: boat-dealers.org may terminate the accounts of users who repeatedly infringe the copyrights of others in accordance with the Digital Millennium Copyright Act.

4. Disclaimer: This DMCA Policy is intended to comply with the requirements of the DMCA and does not constitute legal advice. If you believe your rights have been violated, you should seek independent legal counsel.

 Corrections and Updates

• We are committed to correcting any inaccuracies promptly. If a reader points out an error, we will review the information and update the content as necessary.
• Updates to articles will be noted with the date of the change. DMCA process is in place.

Editorial Independence

• Our editorial content is created independently of any commercial interests. Advertisers and sponsors do not influence our editorial decisions.
• We maintain the right to decline sponsored content or advertisements that do not align with our values or the interests of our readers.

Complaints Policy and Legal Team

• You can submit complaints to the support team as found on the contact us page.
• To reach the legal team, contact us on the contact page via email.

Responsible Disclosure Policy

• In case of a data breach, there will be a notice to all parties as needed within 30 days. At our company, we prioritize the security and privacy of our users. We are committed to maintaining the highest standards of cybersecurity and appreciate the assistance of the security community in identifying potential vulnerabilities.
  Reporting a Vulnerability: If you believe you have discovered a security vulnerability in our systems, we encourage you to disclose it to us responsibly. Please email your findings to us. Include detailed information on the vulnerability, including steps to reproduce it. We will acknowledge receipt of your vulnerability report within 3 business days. We will investigate the issue and provide an estimated timeline for resolution. We will keep you informed of our progress as we work to fix the vulnerability. We will not take legal action against researchers who discover and report vulnerabilities responsibly. There is no bug bountry program.

Our details: 

The full name of Boat-Dealers.org is Boat dealers Directory.

 our registered address is 5161 eliot, h7w0g2, Canada.