Terms and Conditions
boatrentals.net
I. Terms and Conditions of Use
a) By using the BOATRENTALS.NET site, you are indicating your acceptance to be bound by these Terms and Conditions. The current version of the Terms and Conditions is always available on this Web page. If you do not accept the Terms and Conditions, you cannot use this site. Boatrentals.net has the right to terminate your contract if you do not follow the Terms and Conditions. The following Terms and Conditions apply to all existing and future interactions between you and this site. The terms "you," "your," and "business" are used interchangeably herein to refer to all individuals and business entities accessing and using this site.
b) Acceptable deviations from these Terms and Conditions (such as supplemental agreements or guarantees) that go above and beyond the content of the contract, including these Terms and Conditions, must be in writing.
c) Boatrentals.net reserves the right to amend the Terms and Conditions at any time without notice, and it is your responsibility to periodically review these binding Terms and Conditions. If you do not agree to the amended Terms and Conditions, you have the right to terminate your contract within 30 days of the amendment of the Terms and Conditions. Failure to cancel your contract within these 30 days signifies your acceptance of the amended Terms and Conditions. You agree that your continued use of this site after such amendment indicates your acceptance of any such amendment.
II. Use of Online Contentb) Boatrentals.net will take any action it deems appropriate with respect to your posted information if it believes that the information may create liability or harm. Boatrentals.net has the right to disable or delete pages containing information provided by a business and delete a business's ads or offers. The business will be informed in a timely manner about the possible interruption in service or deletion of a page, ad, or offer. The same applies if Boatrentals.net is notified by a third party to modify or delete business-posted information available on this site because it violates another individual's or business entity's rights. If the accused business can bring forward evidence that a violation of a third party's rights is not likely, Boatrentals.net will reinstate the disabled or deleted information following the review of the presented evidence.
c) Boatrentals.net allows businesses to post classified ads for the purpose determined by the classified categories. It is illegal to use the BOATRENTALS.NET Web pages for any other purpose, including promotional advertisements or derivatives thereof. Business warrants that business will not post any information or material that contains slanderous, obscene, pornographic, or defamatory content. Boatrentals.net reserves the right, at its sole discretion, to terminate a business's contract if a violation of these Terms and Conditions is suspected or evident. In case of a violation of these Terms and Conditions, the business will be liable for a fine in the amount of $5,000.00 for each occurrence.
d) Each listing may be posted only once. The business may include photos of the appropriate boat or boat type only, no substitutions are allowed.
e) Boatrentals.net reserves the right to delete listings that are posted several times, without consultation with the business.
f) Boatrentals.net reserves the right to display banner and other advertisements for profit on any BOATRENTALS.NET Web page.
III. References and Links
Boatrentals.net is not responsible or liable for the content of third-party Web sites accessed through direct or indirect references or links from BOATRENTALS.NET, unless it is evident that Boatrentals.net had knowledge of any infringing or harmful third-party content, and Boatrentals.net could have been reasonably expected to disable access to such third-party content. In general, Boatrentals.net does not have any influence on and does not make any representations regarding the current and future design and content of any referenced or linked third-party Web site. Hence, any such references and links do not represent an endorsement by BOATRENTALS.NET of the referenced or linked third-party content. This applies to all references and links as well as to information contributed by businesses to or posted by businesses on BOATRENTALS.NET's guest book, forums, mailing lists, and pages containing ads or offers. The owner of a referenced or linked Web site containing illegal, inaccurate, or incomplete information is solely liable for any damages arising from the use or lack of use of such information.
IV. Intellectual Property Rights
Any content developed by Boatrentals.net is the exclusive property of Boatrentals.net and is under the protection of US and international copyright and intellectual property laws. Unauthorized distribution or use of such content including graphics, audio files, video files, and other digital or printed documents is prohibited. All Web pages are treated as intellectual property. You may not copy, reproduce, or distribute Web pages in part or as a whole for any public or commercial purpose. Reproduction and other use of Web pages and other intellectual property in any media are only permitted with written authorization from Boatrentals.net.
V. Non-Public Area
a) Boatrentals.net may provide you with a password allowing access to the non-public area of this site, where you may post information and material according to guidelines set within the Terms and Conditions. You are prohibited from disclosing the password to or sharing the password with any third parties.
b) Boatrentals.net is in no position to screen or monitor information posted by a business in the non-public area. The business who was provided with the password to the non-public area by Boatrentals.net carries the sole responsibility for any information posted in the non-public area using a forementioned password.
c) You agree not to post any material including graphics, audio files, video files, or other digital or printed files that is copyrighted by or that infringes on any other intellectual property rights of a third party, unless you have the permission of the copyright or intellectual property owner to post it.
d) Boatrentals.net is under no legal obligation to control the information provided by businesses on this site, and it does not represent or guarantee the truthfulness, accuracy, legality, or reliability of information posted by businesses on this site. In case any content provided on this site by a business signifies a legal or moral violation or a violation against the Terms and Conditions, the business is solely liable for any damages including, without limitation, consequential and incidental damages and lost profits resulting from such posted information.
VI. Privacy and Data Protection
a) Unless stipulated differently in writing, any information provided by businesses on this site is not treated as confidential. The content of business-posted ads or listings and any included contact information may be made available to third parties (such as online directories, portals, search engines, and similar entities or services).
b) The business agrees to the electronic storage, use, and transfer of business's provided information by Boatrentals.net according to the applicable data protection laws of US.
c) If Boatrentals.net contracts or affiliates with a third party to provide any services made available through this site, it reserves the right to disclose any business data to the third party as necessary for the continued functionality and security of its business.
d) The business is not permitted to access information not intended for such business or any third party or log into an account that the business is not authorized to access.
e) The business is aware that any online communication and data transfer may be intercepted and processed by a third party. The business assumes all such risks. E-mail communications may be insecure: such communications may be intercepted and accessed by skilled third parties.
VII. Range of Services
a) The range of services provided by Boatrentals.net is stipulated within the applicable contract.
b) Boatrentals.net reserves the right to amend, extend, or improve any services.
c) Boatrentals.net reserves the right to discontinue any complimentary services at any time without notice. No rights or entitlement to refunds or any other damages arise from such discontinuance.
d) Boatrentals.net reserves the right to make technical modifications to any service. As far as possible, service functionality will not be impaired by such a modification. The business is not entitled to and Boatrentals.net is not liable for any damages in excess of the value of applicable service fees paid to Boatrentals.net for claims that arise from any malfunction of services.
e) Currently various complimentary services are offered at BOATRENTALS.NET. It may not be assumed that such services will remain complimentary indefinitely. Boatrentals.net reserves the right to change any complimentary service into a fee-based service at any time. Boatrentals.net may notify businesses about such changes in the service fee structure, but it is not obligated to do so.
VIII. Contract Period
a) By agreeing to Terms and Conditions, the business enters into a contract with Boatrentals.net.
b) All contracts are valid for one (1) month, unless noted differently. In case of an upgrade, the upgraded contract is also valid for one (1) month. The upgraded contract applies to the whole service package and becomes effective at the time of the upgrade.
c) A contract can be canceled in writing at any time prior to contract's expiration date in order to avoid automatic renewal of contract. Contract may also be terminated at any time due to critical circumstances. A critical circumstance is apparent in case of a significant or continuing violation against the Terms and Conditions or in case that enforcement of the contract is unfeasible.
a) Business warrants that all information and material provided and posted by business is accurate, complete, and not misleading, and that any information and material provided and posted by business does not infringe or misappropriate any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; will not violate any American laws or regulations, and if business is not located in the United States, will not violate any law or regulation in the country of business origin. Boatrentals.net reserves the right to forward any expenses that occur as the result of a business's infringement or misappropriation of information or material provided to the offending business. Boatrentals.net does not make any representations and warranties, express or implied, as to the accuracy, timeliness, completeness, or quality of any information or material provided by businesses.
In case of a contract's termination due to critical circumstances, Boatrentals.net reserves the right to immediately prohibit access to the non-public area and to delete any pages or part thereof containing information or offers provided by the formerly contracted party.
d) Any change in service or listing prices is posted at BOATRENTALS.NET in a timely manner, and such a change entitles the business to cancel the contract within 14 days of the posting of such a change. Failure to cancel the contract within these 14 days signifies the business's acceptance of the new prices, which then automatically apply to the contract.
IX. Fees and Payment TermsBOATRENTALS.NET does charge fees for using their services, such as listing a business. When you list a business or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our listings options, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on boatrentals.net. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services 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.)
X. Limitation of Liability
a) Boatrentals.net researches the contents of BOATRENTALS.NET as well as possible. Boatrentals.net makes no warranties about the accuracy, reliability, completeness, or timeliness of the provided or posted information. Information provided by businesses in guest books, forums, and similar services represents the opinion of the applicable business and does not signify an endorsement of such information by Boatrentals.net. You are accessing such information at your own risk.
b) Boatrentals.net is not liable for lost profits, business interruptions, unrealized cost savings, and any incidental or consequential damages. This limitation of liability does not apply to damages that result from intent or negligence.
c) Boatrentals.net is not liable for lost data. The business is responsible to protect business's data with security measures that reflect the current state of technology and thereby allow for the reconstruction of any such data at the minimum acceptable level of effort. In addition, the business is responsible for providing such data to Boatrentals.net once more at no cost.
d) Boatrentals.net is not liable for any damages that are the results of circumstances beyond Boatrentals.net's control including acts of God or labor interruptions.
e) Boatrentals.net does not screen or verify the content of ads or offers and the identity of businesses.
XI. Additional Terms
a) boatrentals.net is division of Paradise Holiday Corporation, Cape Coral, Florida, USA. b)You agree that the sole jurisdiction and venue for any litigation arising from your use of this site or services shall be an appropriate court located in Florida.
c) The laws of Florida shall govern these Terms and Conditions.
d) If any provision of these Terms and Conditions is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of these Terms and Conditions be construed to remain fully valid, enforceable and binding on the parties. In addition, the parties will replace the invalid or unenforceable provision with a provision that serves the same purpose in a valid and enforceable manner.