Please read these Terms carefully. If You do not accept the Terms stated here, do not use YATCO.COM and its services. By using YATCO.COM, You agree to be bound by these Terms, including the YATCO Privacy Statement.
YATCO, LLC. (herein referred to as "YATCO" or “YATCO.com”) may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing YATCO.COM for any reason. The term “post” as used herein shall mean information that You submit, publish or display on any YATCO Site (as defined below).
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use YATCO.COM in any manner. By visiting YATCO.COM or accepting these Terms, You represent and warrant to YATCO that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to YATCO that You will use YATCO.COM in a manner consistent with any and all applicable laws and regulations.
A. In order to access some features of YATCO, you will have to create a YATCO account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify YATCO immediately of any breach of security or unauthorized use of your account.
B. Although YATCO will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YATCO or others due to such unauthorized use.
C. YATCO permits You, which includes all Visitors, Brokers, Buyers, and Advertisers, to participate in, use and/or obtain access to the YATCO Products and Services in a variety of ways, explained in more detail below.
D. Visitors: If you visit any of the YATCO sites, but fail to register, your access and rights to use the YATCO services will be significantly limited. As a Visitor you are restricted from certain aspects of the YATCO sites.
2. Use of YATCO Content.
YATCO authorizes You to view and access a single copy of the content available on or from YATCO.COM solely for your personal use. The contents of YATCO.COM, and of all other Web sites under YATCO's control, whether partial or otherwise (YATCO.COM and such other Web sites are sometimes collectively referred to as "YATCO Sites") such as text, graphics, images, logos, button icons, software and other YATCO content (collectively, "YATCO Content"), are protected under both United States and foreign copyright, trademark and other laws. All YATCO Content is the property of YATCO or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the YATCO Sites is the exclusive property of YATCO and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the YATCO Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original YATCO Content on any authorized copy You make of the YATCO Content.
You agree not to sell or modify the YATCO Content or reproduce, display, publicly perform, distribute, or otherwise use the YATCO Content in any way for any public or commercial purpose, in connection with products or services that are not those of YATCO.COM, in any other manner that is likely to cause confusion among consumers, that disparages or discredits YATCO or its licensors, that dilutes the strength of YATCO's or its licensor's property, or that otherwise infringes YATCO's or its licensor's intellectual property rights. You further agree to in no other way misuse YATCO Content that appears on this Site, other than those specifically permitted herein or by written agreement with YATCO. Unless specifically permitted herein or in writing by YATCO, the use of the YATCO Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that YATCO creates to generate or display any YATCO Content or the pages making up any YATCO Site is also protected by YATCO's copyright and you may not copy or adapt such code.
(2)(i) YATCO's Ownership Rights. YATCO and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the YATCO Products and Services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the YATCO Products and Services. By entering into this Agreement or by Your Participation, You will not acquire any intellectual property or similar rights in the YATCO Products or Services other than a limited right to use the Products or Services for Your personal benefit. You agree You will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the YATCO Products, the YATCO Partner Program or related products and services; or (ii) use YATCO's name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without YATCO's prior written consent.
(ii) YATCO's Trademark License to You. During the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, You will have the right to use the trade names, trademarks, logos and designations in or associated with the YATCO marks solely for purposes of identifying YATCO and solely in connection with Your permitted activities under this Agreement. You agree that the YATCO marks and all associated goodwill are and will remain the sole property of YATCO, that any goodwill generated as a result of Your licensed use of YATCO marks belongs exclusively to YATCO and inures solely to the benefit of YATCO, and that Your use of YATCO marks is subject to YATCO's control of the quality of any products or services with respect to which You may be authorized to use YATCO marks.
3. YATCO Site Restrictions.
You may not use any YATCO Site in order to transmit, post, distribute, store or destroy material, including without limitation, YATCO Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You warrant and agree that, while using the YATCO site and the various services and features offered on or through the YATCO site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the YATCO site's content, materials or services, or use, redistribute, republish or exploit such content or service for any commercial or promotional purposes unrelated to authorized uses contained within the YATCO.com site; (c) attempt to gain unauthorized access to other computer systems through the YATCO site; (d) engage in spidering, screen scraping, database scraping, harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the YATCO site or the services offered on or through the YATCO site, including without limitation any information residing on any server or database connected to the YATCO site or the services offered on or through the YATCO site; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the YATCO site or the services made available on or through the YATCO site in any manner with the intent to interrupt, damage, disable, overburden, or impair the YATCO site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (g) use the YATCO site or the YATCO site's services or features in violation of YATCO or any third party's intellectual property or other proprietary or legal rights; (h) use any known or future unknown technology to harvest, names, YATCO site addresses, names or addresses for spam, reverse engineering, data collection, data mining, unsolicited telemarketing or other unwanted nuisance intrusions; (i) use any device, software or scheme that would interfere with the proper functioning of the YATCO site, or any transaction via the YATCO site; (j) place an undue burden or interfere with the lawful transmission of our content to our users, use any device to limit our total free access to the web infrastructure; and (k) use the YATCO site or the YATCO site's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the YATCO site or the YATCO site's services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the YATCO site in any manner that could damage, disable, overburden, or impair the YATCO site or interfere with any other party's use and enjoyment of the YATCO site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the YATCO site.
4. Specific Prohibited Uses or Restrictions.
YATCO.COM may be used only for lawful purposes by individuals, buyers, brokers and other swithin the yachting industry. YATCO Profiles may be used only for lawful purposes. YATCO specifically prohibits any other use of YATCO.COM, and You agree not to do any of the following: (a) post or submit to any YATCO Site any incomplete, false or inaccurate information including but not limited to listing information, information which is not your own or authorized by a third party; (b) post on any YATCO Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only, or requires recruitment of other members, sub-distributors or sub-agents; (c) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any YATCO Site; (d) delete or revise any material posted by any other person or entity; (e) take any action that imposes an unreasonable or disproportionately large load on any YATCO Site's infrastructure; and (f) post listings, or submit any information or request for information that violates any federal, state or local law.
YATCO does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, YATCO may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. YATCO has no liability or responsibility to Users for performance or nonperformance of such activities. Such actions by YATCO regarding violations of these terms, may include issuing warnings or penalizing an account. Any action or inaction on the part of YATCO shall not constitute a waiver of any enforcement rights YATCO has regarding this Agreement.
5. Registration Information and Password.
When You register with YATCO.com, including but not limited to as a Broker, Buyer or Sponsor, You will be asked to create a YATCO Account or other account and provide YATCO with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with YATCO's Privacy Statement. You are responsible for providing accurate information in order to create an account, including those obligations noted in Section 6. This responsibility extends to account created automatically through any third party site authentication module provided. If you are not a registered user of YATCO, you agree that you are not permitted to use another registered user’s account information, password and log on credentials, regardless of whether that registered user gave you permission.
You understand and acknowledge that you have no ownership rights in your YATCO Account, and that if you cancel your YATCO Account, all your account information from YATCO, will be marked as deleted in YATCO's databases and may be removed from any public area of the YATCO Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through YATCO's web servers. All data relating to completed yacht sales, based upon prior listings, are never removed. In addition, third parties may retain cached copies of your Information.
You are responsible for maintaining the confidentiality of your YATCO Account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your YATCO.COM registrations and passwords, whether or not authorized by You. You agree to immediately notify YATCO of any unauthorized use of your YATCO Account, Profile, or passwords, as the case may be.
6. User Content and Submissions.
YATCO acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, YATCO may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any YATCO Site.0
As a YATCO account holder you may submit Content, including yacht listings, dock listings, or charter listings. You understand that YATCO does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on YATCO.com. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content you submit; and that by your submission of User Content you license to YATCO all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on YATCO.com pursuant to these Terms of Service. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to YATCO, you hereby grant YATCO a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with YATCO's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of YATCO (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of YATCO a non-exclusive license to access your Content through YATCO.com, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of YATCO.com and under these Terms of Service. The above licenses granted by you in the Content you submit to YATCO terminate within a commercially reasonable time after you remove or delete your Content from YATCO.com, excluding Content which is placed in connection with a yacht that is ended in a sold transaction. You further agree that Content you submit to YATCO will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YATCO all of the license rights granted herein. YATCO does not endorse any Content submitted to YATCO.com by any user, broker or other licensor, or any opinion, recommendation, or advice expressed therein, and YATCO expressly disclaims any and all liability in connection with Content. YATCO does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and YATCO will remove all Content if properly notified that such Content infringes on another's intellectual property rights, in accordance with the DMCA procedures stated in section 9, below. YATCO reserves the right to remove Content without prior notice.
You further agree that Content you submit to YATCO will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YATCO all of the license rights granted herein.
YATCO does not endorse any Content submitted to YATCO.com by any user, broker or other licensor, or any opinion, recommendation, or advice expressed therein, and YATCO expressly disclaims any and all liability in connection with Content. YATCO does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and YATCO will remove all Content if properly notified that such Content infringes on another's intellectual property rights, in accordance with the DMCA procedures stated in section 9, below. YATCO reserves the right to remove Content without prior notice.
(a) You are responsible for maintaining the confidentiality of Your broker account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Yatco Site registrations and passwords, whether or not authorized by You. You agree to immediately notify YATCO of any unauthorized use of Your employer account, Profile, or passwords. Each broker must have their own account and YATCO does not permit joint accounts between brokers. Each broker is responsible for the security of their account information. If you are a Broker administrator who oversees multiple broker accounts on YATCO, you expressly acknowledge and understand that you are responsible for all actions undertaken by each sub-broker account.
Brokers are solely responsible for their postings and the user content within those postings on the YATCO Sites. YATCO is not to be considered to be an Broker with respect to Your use of any YATCO Site and YATCO shall not be responsible for any listing, purchase, rental, or charter decisions, for whatever reason, made by any entity posting such goods or services on any YATCO Site. Brokers are responsible for all final posting decisions regarding a specific vessel posting.
A listing may not contain: (a) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the vessel being presented, as determined in YATCO’s reasonable and sole discretion; (b) the names, logos or trademarks of unaffiliated companies other than those of your company or where expressly agreed by YATCO; (c) irrelevant information which is unrelated to the posting; (d) inaccurate, false, or misleading information; and (e) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
7(c) YATCO reserves the right to remove any listing or content from any YATCO Site, which in YATCO’s sole discretion, does not comply with the above Terms, or if any content is posted that YATCO believes is not in the best interest of YATCO. If at any time during Your use of the YATCO Site or Services, You made a misrepresentation of fact to YATCO or otherwise misled YATCO in regards to the nature of Your business activities, YATCO will have grounds to terminate Your use of the YATCO Site or Services.
8. Broker, Charter, Lessor and Rentor Legal Notice.
YATCO.com provides listings and related guide information for brokers, charters and rental of dockage. YATCO, and its subsidiaries are not offering its services as a broker, charter or rentor/lessor of dockage. YATCO does not render legal, brokerage or other professional advice or service to any of its users of the YATCO.com site, and does not participate in any manner regarding any of the negotiations of sale, rental, or lease transactions.
YATCO.com is pledged to the letter and spirit of U.S. policy for the achievement of equal sale, leasing, and/or rental opportunities throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining a sale, lease or rental because of race, color, religion, sex, handicap, familial status, or national origin.
All listings displayed in the YATCO.com site herein are prohibited from "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." YATCO will not knowingly accept any listing which is in violation of the law. All persons are hereby informed that all listings are available on an equal opportunity basis.
9. Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to YATCO, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
10. YATCO's Liability.
YATCO.COM acts as a venue for an on-line service dedicated to the yachting industry, including brokerage listings, yacht building opportunities, charter options, and dock space rental listings. YATCO is not involved in the actual transaction between you and other users, brokers or owners. As a result, YATCO has no control over the accuracy, quality, safety or legality of the listings or information posted and YATCO makes no representations about any listings or User Content on YATCO.COM.
YATCO may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for YATCO, damage YATCO's brand or public image, or cause YATCO to lose (in whole or in part) the services of its ISPs or other suppliers. While YATCO reserves the right in its sole discretion to remove User Content, listings or other material from YATCO.COM from time to time, YATCO does not assume any obligation to do so and disclaims any liability for failing to take any such action.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through YATCO.COM and/or the other YATCO Sites.
Because User authentication on the Internet is difficult, YATCO cannot and does not confirm that each User and/or broker is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any YATCO Site, in the event that You have a dispute with one or more Users, or in connection with one or more listings on YATCO.com, You release YATCO (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
The YATCO Sites and the YATCO Content may contain inaccuracies or typographical errors. YATCO makes no representations about the accuracy, reliability, completeness, or timeliness of any YATCO Site or the YATCO Content. The use of all YATCO Sites and the YATCO Content is at your own risk.
11. DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YATCO ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, YATCO AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY VESSELS OR SERVICES VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN SAID VESSEL OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH ITS AGENTS. ANY VESSELS AND SERVICES VIA THE SITE ARE PROVIDED BY YATCO "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND YATCO OR ITS LICENSOR OR SUPPLIER.
12. LIMITATION OF LIABILITY.
IN NO EVENT SHALL YATCO, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO YATCO FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS OR SERVICES VIA THE SITE.
13. Links to Content and Other Sites.
YATCO.COM and certain other YATCO Sites contain links to third party Web sites and content. These links are provided solely as a convenience to You and not as an endorsement by YATCO of the contents on such third-party Web sites. YATCO is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
YATCO.COM and certain other YATCO Sites contain links to social media sites. These links are provided solely as a convenience to You and not as an endorsement by YATCO of the content on such social media sites. YATCO is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third party social media sites. YATCO also provides information about upcoming industry related events and shows. This is being provided on an information basis only. Although YATCO uses its best efforts to verify and provide such information, you should independently check and not rely upon the information posted about these industry related events and shows. You specifically agree that the use of these social media sites in conjunction with YATCO and the informational sections on YATCO about industry related events and shows is at your own risk.
You agree to defend, indemnify, and hold harmless YATCO, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any YATCO Site, (ii) your use of any YATCO Content, or (iii) your breach of the terms of these Terms. YATCO shall provide notice to You promptly of any such claim, suit, or proceeding.
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the relationship between you and us shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any waiver of any provision of these Terms of Service by YATCO must be made in writing and signed by an authorized representative of YATCO specifically referencing these Terms of Service and the provision to be waived. Headings used in these Terms of Service are for convenience only and are not to be relied upon. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. These Terms of Service will inure to the benefit of, and are intended to be enforceable by, YATCO's successors, assigns and licensees. There are no third party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term or provision of this Agreement.
Throughout this Agreement, there are sections headings, which are used merely for ease of navigation and should not be considered as bearing a legal meaning.
16. Legal Disputes
If any dispute arises between You, a Visitor, a Broker, a Prospective buyer, and/or YATCO or any combination thereof, as it relates to YATCO, YATCO.com and this Agreement, such dispute shall be submitted and settled in accordance with the Rules of the American Arbitration Association, in Ft. Lauderdale, Florida and the decision of a single English speaking arbitrator shall be final and binding. You further agree that in the event YATCO becomes a party to the dispute involving this Agreement, each party shall bear its own costs and legal fees. In any disputes between You, a Visitor, a Broker and/or a Prospective buyer, where YATCO is not a party to the suit, you agree to pay $1,000.00 in damages and costs for YATCO having to respond to any subpoena regarding the dispute. Despite this clear understanding of arbitration for all disputes, and without waiver of said arbitration requirement, you agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the State of Florida, Broward County. You agree to submit to the personal and exclusive jurisdiction of the courts located within Broward County in the State of Florida. YOU AND YATCO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. Confidential Information: During the term of this Agreement, You may receive confidential information from YATCO related to Your participation and interaction with YATCO. Except as expressly authorized by this Agreement or necessary for performance under this Agreement, You will use reasonable efforts to maintain the confidentiality of all such information and You will not disclose such information without the prior written consent of YATCO. In no event will You use less effort to maintain the confidentiality of such information than You ordinarily use with respect to Your own confidential information. The foregoing will not restrict You from disclosing confidential information of YATCO: (a) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that if You are required to make such a disclosure, You give reasonable and timely notice to YATCO to contest such order or requirement; and (b) on a confidential basis to Your legal or financial advisors, or prospective acquirers or investors. Examples of YATCO confidential information include without limitation: (i) all software, technology, services, algorithms, search engines and search indices, programming, specifications, materials, guidelines and documentation relating to the YATCO Products and services and (ii) trial features, beta versions or any other information designated in writing by YATCO as "Confidential" or an equivalent designation. Confidential information does not include information that: (a) is or becomes generally known to the public through no fault of or breach of this Agreement by You; (b) is rightfully known by You at the time of disclosure without a confidentiality obligation; (c) is independently developed by You without use of YATCO's confidential information; or (d) You rightfully obtain from a third party without disclosure restrictions.
These Terms constitute a binding agreement between You and YATCO, and is accepted by You upon your use of the YATCO Site.
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