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, yacht 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.