Please read these terms and conditions carefully.
Broker, Charter, Lessor and Rentor Legal Notice.
YATCO provides listings and related guide information for brokers, charter agents, builders, marinas and dockage (and service providers). YATCO, and its subsidiaries are not offering its Services as a broker, charter or rentor/lessor (and service providers). YATCO does not render legal, brokerage or other professional advice or service to any of its users of the www.YATCO.com site, and does not participate in any manner regarding any of the negotiations of sale, rental, or lease transactions. YATCO is strictly a platform offering listing services for professional members who register and subscribe with YATCO as YATCO’s Customers. YATCO is pledged to the letter and spirit of U.S. policy for the achievement of equal sale, leasing, and/or rental opportunities. 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.
1. Modifications to Terms of Service.
You must be eighteen (18) years old, or the age of majority as that is defined in your jurisdiction, whichever is older, to use YATCO. 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.
3. Access, Alerts, and Downloads.
YATCO reserves the right to reject and to terminate your use of the Website(s) at any time, for any reason or for no reason, without notice to You. YATCO also reserves the right to provide notices and alerts to Users from time to time about use of the Website(s) and information on feature updates and changes.
4. Intellectual Property Protection.
All the content and information displayed or accessible on or through the Website(s), including without limitation, text, artwork, graphics, logos, button icons, images, audio clips, video clips, digital downloads, prices, products, product and service descriptions, and data compilations, is the property of YATCO or YATCO’s Customers. Such content is protected by U.S. and international trademark, copyright, and other intellectual property laws. You shall not copy, distribute, alter, display, perform, publish, or create derivative works from such materials, other than as permitted in these Terms of Service. Systematic retrieval of data or other information from the Website(s) to prepare any collection, compilation, database, or directory is strictly prohibited.
The names and logos for YATCO and Customer, and any other Customer or YATCO graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Customer or YATCO respectively. Customer and YATCO’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any other product or service in any manner that is likely to cause consumer confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of YATCO. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of YATCO or any YATCO affiliates or Customers without YATCO’s express written consent. In addition, You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS OF SERVICE, NEITHER YATCO NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE WEBSITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU BY REASON OF YOUR ACCEPTANCE OF THIS TERMS OF SERVICE.
You acknowledge and agree that a breach or threatened breach by you of any of your obligations under this Section would cause YATCO and/or YATCO’s Customers irreparable harm for which monetary damages would not be an adequate remedy and that, in the event of such breach or threatened breach, YATCO or YATCO’s Customers will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
5. License Grant and Restrictions.
YATCO hereby grants You a limited, non-exclusive, non-transferable, and revocable right to access and use the Website(s) to (i) utilize the features, content and tools that YATCO makes available to You through the Website(s) or otherwise and (ii) receive information relating to the Services. You shall use the Website(s), and any YATCO content solely for Your personal use, and for no other purpose whatsoever without the express written consent of YATCO. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, broadcast, create derivative works from, transfer, or sell any of the YATCO content on the Website(s), including without limitation any data, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, product and service descriptions, and data compilations. The license granted in the Terms of Service does not include any resale or commercial use of the Website(s), and such use is prohibited. You are also prohibited from creating any derivative works from the Website(s), or downloading or copying of any information for the benefit of another person or entity other than contemplated in these Terms of Service. YATCO reserves the right to suspend or deny, in its sole discretion, Your access to the Website(s), without notice to You.
ANY RIGHTS IN THE WEBSITE NOT EXPRESSLY GRANTED TO YOU IN THESE TERMS OF SERVICE ARE RESERVED TO YATCO.
7. Terms and Termination of Access.
This Agreement is effective starting on the date you use the Website(s) for the first time and continues until terminated in accordance with this Agreement.
You understand and agree that YATCO, in its sole discretion, may terminate your right to use the Website(s), direct You to cease using the Website(s), and discontinue or restrict your access to the Website(s), all without notice to You and for any reason. You agree that YATCO shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Website(s), or any parts thereof.
While YATCO may restrict your use of the Website(s) for any reason or for no reason at all, we will suspend, disable, delete, or otherwise limit or restrict your access if YATCO determines that You have violated any provision of this Agreement or that your conduct or content would tend to damage YATCO’s reputation or goodwill. If YATCO deactivates or otherwise restricts your access due to your misconduct, you shall not use the Website(s) under a different name or different email address.
Upon termination of this Agreement, all licenses granted by YATCO to You will terminate. In the event of access restriction for any reason, whether on your behalf or ours, content that You submitted may no longer be available. YATCO is not responsible for the loss of such content.
8. Limitation of Liability.
YATCO 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 & purchase listings (and service offerings). 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 Customer and User Content that it deems necessary or appropriate in its sole discretion if it believes that such 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 Customer and User Content, listings or other material from YATCO 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 Customers and 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 Customer is who they claim to be. Because we do not and cannot be involved in Customer -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 Customers or 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.”
You specifically agree that YATCO is not liable for any of your conduct while using the Website(s). YATCO is also not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the internet or on the Website(s), including any injury or damage to your or any other person’s computer related to or resulting from use of the Website(s).
In no event shall YATCO be liable for any damages, including but not limited to any direct, indirect, incidental, special, or consequential damages resulting from your use or the inability to use the Website(s), any YATCO content, any information accessible on the Website(s), from any messages received through the Website(s), or resulting from unauthorized access to or alteration of transmissions or data, including but not limited to, damages for loss of profits, use, data, or other intangible property, whether based on contract, tort, strict liability or otherwise, even if YATCO has been advised of the possibility of such damages, to the fullest extent permitted by applicable law.
You agree that regardless of any statute or law to the contrary, You will file any claim or cause of action arising out of or related to your use of the Website(s), or to interpret or enforce the Terms of Service within one (1) year of receiving the Terms of Service or be forever barred.
YATCO is not responsible for the conduct of any user. In no event shall YATCO, its affiliates or its partners be directly or indirectly liable for any losses or damages whatsoever, including but not limited to direct, indirect, general, special, compensatory, consequential, and/or incidental damages, arising out of or relating to the conduct of You or anyone else in connection with Your use of the Website(s) and YATCO’s Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE INFORMATION ON THE WEBSITE, AND ANY YATCO CONTENT, IS AT YOUR SOLE RISK. THE YATCO CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YATCO HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON YATCO COMPLIES WITH THIS AGREEMENT OR IS SUITABLE FOR ALL USERS.
YATCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YATCO DOES NOT MAKE ANY WARRANTY THAT THE YATCO CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. EXCEPT AS OTHERWISE SEPARATELY EXTENDED TO YOU AT THE TIME YOU RECEIVE ANY YATCO CONTENT PROVIDED TO YOU, YATCO DOES NOT MAKE ANY WARRANTY CONCERNING THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE YATCO CONTENT PROVIDED ON OR THROUGH THE WEBSITE, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED THEREON. YATCO DOES NOT MAKE ANY WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY WEBSITE OR WEBSITE, INCLUDING ANY ADVERTISER’S WEBSITE OR WEBSITE. YATCO DOES NOT MAKE ANY WARRANTY REGARDING THE RELATIONSHIPS BETWEEN ANY ADVERTISER ON THE WEBSITE AND OTHER USERS OF THE WEBSITE. INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN TO THE EXTENT PERMITTED BY APPLICABLE LAW.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which You first used YATCO, and no warranties shall apply after such period.
10. Your Conduct and Prohibited Activities.
Users are required to be civil and respectful at all times and in all interactions with YATCO and with any other User. In addition, You shall not:
- Attempt to submit information to the Website(s) with more than one email address;
- Harass or stalk any other person;
- Harm or exploit minors;
- Act in a deceptive manner by, among other things, impersonating any person or entity;
- Solicit money from YATCO or other Users;
- Post any content that is prohibited by Section 13 herein;
- Express or imply that any statements you make are endorsed by Us without our specific prior written consent;
- Use the Website(s) or our Services in an illegal manner or to commit an illegal act;
- Access the Website(s) in a jurisdiction in which it is illegal or unauthorized;
- Ask or use other Users to conceal the identity, source, or destination of any illegally gained money or products;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- Collect others’ personal information by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website(s);
- Interfere with or disrupt the Website(s) or the servers or networks connected to the Website(s);
- Email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, computer hardware, or telecommunications equipment;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website(s) (either directly or indirectly through use of third party software);
- “Frame” or “mirror” any part of the Website(s), without YATCO’s prior written authorization;
- Use meta tags or code or other devices containing any reference to Us or the Website(s) (or any trademark, trade name, service mark, logo or slogan of YATCO) to direct any person to any other website for any purpose;
- Post, distribute, or reproduce in any way any copyrighted material, trademarks, service marks, trade names, logos, slogans, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so;
- Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
11. (a) Content Posted by You on YATCO.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available for use on the Website(s) (collectively, “post”) to YATCO, including but not limited to text messages, chats, videos (including streaming videos), and photographs, whether publicly posted or privately transmitted (collectively, “Content”). You agree that any Content you place or provide access to for use on the Website(s) may be viewed by YATCO as applicable for YATCO’s provision of its Services to You.
You are solely responsible for all activities that you perform. You agree to immediately notify YATCO of any disclosure or unauthorized use, or any other breach of security, at [email protected].
You may not post or transmit to YATCO or any other User any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity), via the Website(s). You represent and warrant that (i) all information that You submit is accurate and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on YATCO and grant the licenses set forth below.
You understand and agree that YATCO may, but is not obligated to, monitor or review any Content you post as part of the Website(s). We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of YATCO or the YATCO Website(s).
11. (b) Advertising
YATCO’s business may be partly funded through advertising. You understand and agree that the Website(s) and your use thereof may include advertisements, and that these are, in the sole discretion of YATCO, necessary to support the Website(s) and the Services provided by YATCO. To help make the advertisements relevant and useful to you, YATCO may allow advertisements based on the information we collect from you or in relation to your interaction on our site.
11. (c) Automated Queries
Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Website(s)) are strictly prohibited, unless you have received express written permission from YATCO. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Website(s) and provide an index with links to the Website(s), only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users.
11. (d) Links to Third Party Sites
The Website(s) and Services may include links to third-party products, services, websites, hyperlinks to other websites, and materials provided by third parties. YATCO does not endorse, and takes no responsibility for such products, services, websites, and/or materials. YATCO makes no representations or warranties regarding the legality or appropriateness of any third party products, services, websites, hyperlinks or materials. You understand that YATCO has no obligation to, and does not, review, evaluate, approve or monitor materials provided by third parties. Your dealings with any third party arising in connection with your use of the Website(s) are solely between you and such third party, and YATCO takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
12. Licenses Granted by You to Us.
By posting Content as part of the Service, you automatically grant to YATCO, its affiliates, Customers, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. In addition, you waive any so-called “moral rights” in your Content. If you suggest to YATCO any improvements or new features for YATCO or for its Website(s), YATCO shall have the right to implement such suggestions without any compensation to you.
13. Prohibited Content.
Your use of YATCO, including all Content You post, must comply with all applicable laws and regulations. In addition to the types of Content described in Section 10 above, the following is a partial list of Content which You are prohibited from posting to YATCO. You shall not post, upload, display or otherwise make available Content that:
- Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Advocates harassment or intimidation of another person;
- Requests money from, or is intended to otherwise defraud, YATCO or other Users;
- Involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
- Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
• Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to use the Website(s);
- Solicits passwords or personal identifying information of other Users for commercial or unlawful purposes;
- Disseminates another person’s personal information without his or her permission; or
- Publicizes or promotes commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent.
YATCO reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Website(s) and terminating or suspending access by such violators.
14. Your Representations and Warranties.
For each item of Content that you submit, you represent and warrant that: (i) you have the right to submit the Content to YATCO and grant the licenses set forth above; (ii) YATCO will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the Content complies with this Agreement and all applicable laws.
You agree to indemnify, defend, and hold YATCO, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you provide to YATCO, and the violation of any law or regulation by You. YATCO reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Us in connection therewith.
16. Copyright Policy, Notice and Procedure for Making Claims of Copyright Infringement.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website(s) in a way that constitutes copyright infringement, please notify our Copyright Agent at the following address:
The Concept Law Group, P.A.
6400 North Andrews Avenue,
Fort Lauderdale, FL 33309
To facilitate the processing of your claim, you will need to provide the Copyright Agent with the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site.
(iii) 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 the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, an email address at which the complaining party may be contacted.
(v) 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.
(vi) 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.
YATCO reserves the right to terminate or restrict access by repeat infringers.
17. Our Use of Your Information.
You agree that YATCO may access, preserve and disclose your information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:
(i) Comply with legal process;
(ii) Enforce these Terms of Service;
(iii) Respond to claims that any Content violates the rights of third parties;
(iv) Respond to your requests for customer service;
(v) Allow you to use the Service in the future; or
(vi) Protect the rights, property or personal safety of YATCO or any other person or entity.
18. Reliance on Information Posted
The information presented on or through the Website(s) is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website(s), or by anyone who may be informed of any of its contents.
This Website(s) may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the YATCO, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the YATCO. We are not responsible, or liable to you or any third party, for the content or accuracH. House Accountsy of any materials provided by any third parties.
19. Mandatory Binding Arbitration and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Claims relating to this Agreement or the Service will be resolved through final and binding arbitration, except as set forth below. The parties agree that the Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Initial Dispute Resolution: The parties agree that most disputes can be resolved without resort to litigation. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Accordingly, before initiating a lawsuit or arbitration, you agree to contact YATCO to attempt to resolve the dispute in good faith. In any disputes between You, a Customer and/or a prospective buyer, where YATCO is not a party to the suit, you agree to pay $10,000.00 in damages and costs for YATCO having to respond to any subpoena regarding the dispute.
Binding Arbitration & Class Action Waiver: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time the informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Website(s) shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions.
Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration (“Demand”) that (i) briefly explains the dispute, (ii) lists your and YATCO’s names and addresses, (iii) specify the amount of money in dispute, if applicable, (iv) identify the requested location for a hearing if an in-person hearing is requested, and (v) state what you want in the dispute; (b) Send one copy of the Demand to the AAA, along with a copy of these Terms and the filing fee required by the AAA; and (c) Send one copy of the Demand for Arbitration to us at [email protected]. (and a written copy to Concept Law)?
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in Broward County, Florida, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Broward County, Florida, United States, and you and YATCO agree to submit to the personal jurisdiction of any federal or state court in Broward County, Florida, United States, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in state or federal court located in Broward County, Florida, United States. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including, but not limited to any claim that all or any part of the Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the Parties and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration will be held in Broward County, Florida, United States. If any court or arbitrator determines that this arbitration provision is void or unenforceable for any reason or that the parties are not bound to arbitrate their claims, then the disputes, claims or controversies deemed not to be subject to arbitration must be litigated in state or federal court located in. Broward County, Florida, United States.
Exception: Litigation of Intellectual Property Claims: Notwithstanding the foregoing, disputes, claims, or controversies concerning (1) either party’s patents, copyrights, moral rights, trademarks, and trade secrets or (2) claims of piracy or unauthorized use of the Services (collectively, “IP Claims”) shall not be subject to arbitration.
YOU 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.
20. Miscellaneous Provisions.
A. Applicable Law
You acknowledge that the Content contained in the YATCO Website(s) is controlled in and originates from the United States. YATCO does not make any representation that any of the Content is appropriate or available for use in other locations. Any claim relating to the use of the Website(s) and any Content displayed thereon, shall be governed by the internal substantive laws of the State of Florida, without regard to its conflicts of laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You expressly consent to the personal and exclusive jurisdiction of the state and federal courts located in, or having jurisdiction over, Broward County, Florida, United States for any such claim. You further agree that in the event YATCO prevails in any litigation or arbitration proceeding to interpret or enforce a party’s rights under these Terms of Service, the court or arbitration panel shall have the right and duty, in addition to awarding any relief deemed appropriate in the circumstances, to award YATCO its reasonable attorneys’ fees, costs, and litigation expenses incurred in prosecuting or defending such action or proceeding, at trial, at any arbitration proceeding, on appeal, or in any proceeding to enforce any final judgment or arbitration award. Each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement.
This Agreement shall bind and inure to the benefit of YATCO’s successors, assigns and licensees. YATCO shall have the right to assign or otherwise transfer its rights or obligations under this Agreement whether by contract, merger, sale of all or substantially all of YATCO’s assets, or operation of law without your consent, or notice to You. Any attempted assignment by You shall be null and void, and not have any legal force or effect.
The failure of YATCO to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
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.
E. Entire Agreement
These Terms of Service, and your consent thereto as demonstrated by your use of the Website(s), constitute the entire agreement between You and YATCO relating to the subject matter of this Agreement.
F. Descriptive Headings
The headings of the several sections of this Agreement are intended for convenience of reference only and are not intended to be a part of or affect the meaning or interpretation of this Agreement.
G. Hosting of the Service; Export Restrictions.
The Website(s) is controlled and operated from facilities in the United States. YATCO makes no representations that the Website(s) is appropriate or available for use in other locations. Anyone who accesses or uses the Website(s) from other jurisdictions (or who allow their Authorized Users to do so) do so of their own volition and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. If you are located outside of the United States, you agree that we may transfer, store and process your data in locations other than your country. The export and re-export of content via the Website(s) may be controlled by the United States Export Administration Regulations or other applicable export restrictions or embargo. The Website(s) may not be used in any country that is subject to an embargo by the United States and you may not use the Website(s) in violation of any export restriction or embargo by the United States or any other applicable jurisdiction. In addition, you must ensure that the Website(s) is not made available by you for use by persons or entities blocked or denied by the United States government.
H. Americans with Disabilities Act.
YATCO is committed to using commercially reasonable efforts to comply with the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA), and to providing equal opportunities to individuals with disabilities. Consistent with this commitment, YATCO will provide a reasonable accommodation to disabled Users if the reasonable accommodation would allow the individual to utilize the Website(s), unless doing so would create an undue hardship.
If you believe you need an accommodation because of your disability, you are responsible for requesting a reasonable accommodation from YATCO. You may make the request via email at [email protected]. Please include relevant information, such as:
- A description of the accommodation you are requesting.
- The reason you need an accommodation.
- How the accommodation will help you access the Website(s).
After receiving your request, YATCO will engage in an interactive dialogue with you to determine the precise limitations of your disability and explore potential reasonable accommodations that could overcome those limitations. YATCO encourages you to suggest specific reasonable accommodations that you believe would allow you to better access the Website(s). However, YATCO is not required to make the specific accommodation requested by you and may provide an alternative effective accommodation, to the extent any reasonable accommodation can be made without imposing an undue hardship on YATCO.
I. Information Providing On The Website(s)
The information provided on the Website(s) may contain mirrored information from publicly available sites or information that was obtained by the YATCO and/or the Website(s). If the respective information on the Website(s) belongs to you and you have any complaints about the use of either your intellectual property or personal contact information, please contact [email protected] immediately.
J. For actively listed vessels over 50‘
YATCO requires that the signed Central Agent of the vessel must be listed w a valid user account.
H. House Accounts
A house account can only be assigned to a vessel when a listing is a new build, custom build vessel, or trade. A “Trade” shall refer to a boat owned by a dealer or brokerage being offered for sale.