This Terms of Use Agreement (“Agreement”) is a legally binding agreement between Flagship Boat Transport and you, the User regarding your use of the www.boattransportpros.com Website and any services, features, contents or applications offered at the www.boattransportpros.com domain (the “Website”).
By using the Website, you agree to be bound by the terms of this Agreement. Flagship Boat Transport may change, modify, add, or delete portions of this Agreement from time to time and such changes shall be effective upon posting on the Website. Your continued use of the Website after such changes constitutes your acceptance of the new Agreement.
The term “User” refers to a Visitor or a Customer. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately.
1. Use and Termination
You must be 18 years of age or older to be a user of this site.
2. Proprietary Rights
The Website uses and contains proprietary intellectual property rights owned by or licensed by Flagship Boat Transport. Use of the Website shall not be construed as giving you any rights or license to such intellectual property rights.
3. Customer Conduct
You agree that you will not upload, distribute or reproduce on the Website:
Any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights; including, but not limited to, music, picture and video content.
Any material that is violent, threatening, abusive, sexually explicit, obscene, offensive, hateful, derogatory, defamatory, libelous or racially, ethnically or otherwise objectionable.
Any material that promotes an illegal activity.
Spam or junk mail or other material for a commercial purpose.
False or misleading material.
Any material that contains software viruses, bugs, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You further agree that:
The Website is available for your personal, non-commercial use only
You will not use the Website in any unlawful manner.
4. Links to Other Websites
The Website contains links to other Websites. www.boattransportpros.com is not responsible for the content, accuracy or opinions express in such Websites, and such Websites are pre-approved or checked for accuracy or completeness Flagship Boat Transport. Inclusion of any linked Website on or through the Website does not imply approval or endorsement of the linked Website by Flagship Boat Transport. Website links found to be in violation with our terms of service (any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter, etc.) may be deleted. If you decide to leave www.boattransportpros.com Website and access these third-party sites, you do so at your own risk.
5. Copyright Infringement Notification
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the www.boattransportpros.com Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
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 us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party.
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.
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.
Contact the Designated Copyright Agent with details of the claimed infringement and a Takedown Notice. The www.boattransportpros.com Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached by writing to:
www.boattransportpros.com Copyright Agent
Copyright Infringement Notification
Attn: Lex Carroll
Address: 28261 NC Hwy 561 Enfield
North Carolina 27823, USA
6. Limitation of Liability
Flagship Boat Transport SHALL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFIT, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGIES OR SERVICES, COST OF COVER OR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE USE OF THE Website OR THIS AGREEMENT. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, Flagship Boat Transports’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THAT AMOUNT PAID, IF ANY, BY YOU TO Flagship Boat Transport (excluding 3rd party vendor’s) FOR THE SERVICES OF THE WEBSITE DURING THE TERM OF USE.
7. Indemnity
You agree to indemnify and hold harmless Flagship Boat Transport, its officers, directors, employees, agents, subsidiaries and affiliates from any loss, liability, claim or demand, including attorneys’ fees, made by any third party due to or arising from your use of the Website, any content that you upload, your use of content on the Website, your violation of this Agreement or your violation of any third-party rights.
You agree to indemnify and hold Flagship Boat Transport, its subsidiaries, and affiliates, and their respective 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 use of the www.boattransportpros.com Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the www.boattransportpros.com Website or through Flagship Boat Transport services causes Flagship Boat Transport to be liable to another.
8. Privacy Policy
Click here to read the Flagship Boat Transport privacy policy.
9. Disputes
This Agreement and any disputes arising from this Agreement or use of the Website shall be governed by the laws of the State of North Carolina without reference to its provisions on conflict of laws. Any dispute relating in any way to the Website (including your visit to or use of the Website) shall be submitted to confidential arbitration in Enfield, North Carolina, except that, to the extent you have in any manner violated or threaten to violate proprietary or intellectual property rights of Flagship Boat Transport or any of its affiliates, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, non-exclusive venue and jurisdiction in the state and federal courts of North Carolina. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Website (including your visit to or use of the Website) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
10. Contract
Your contract with Flagship Boat Transport is a “Contract For Transport” only, and does not include “Out Of Pocket” costs, or fee’s or time for third party services that may be associated with providing our service to our individual customers. Customers are responsible for their costs to 3rd party service providers.
11. Miscellaneous
This Agreement together with the Privacy Policy contains the entire agreement between Flagship Boat Transport and you concerning the subject matter hereof. The failure of Flagship Boat Transport to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of that right or operate to bar the exercise or enforcement of it at any time or times thereafter. In the event that any provision of this Agreement is found invalid, the remainder of the Agreement shall remain valid and enforceable according to its terms.
This Agreement is accepted upon your use of the www.boattransportpros.com Website or any of the Flagship Boat Transport services and is further affirmed by you becoming a customer. This Agreement constitutes the entire agreement between you and Flagship Boat Transport regarding the use of the www.boattransportpros.com services. The failure of Flagship Boat Transport to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Flagship Boat Transport and www.boattransportpros.com is a trademark of Flagship Boat Transport. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Flagship Boat Transport reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the www.boattransportpros.com Website at any time, for any or no reason, with or without prior notice, and without liability or refund of any fees.
Fees
You acknowledge that Flagship Boat Transport reserves the right to charge for the www.boattransportpros.com services and to change its fees from time to time at its discretion. If Flagship Boat Transport terminates you as a User because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of any fees.
Non-commercial Use by Users
The www.boattransportpros.com services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Flagship Boat Transport. Illegal and/or unauthorized use of the www.boattransportpros.com services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the www.boattransportpros.com Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of user privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Flagship Boat Transport services.
Flagship Boat Transport is not responsible for any incorrect or inaccurate Content posted on the www.boattransportpros.com Website or in connection with the Flagship Boat Transport services, whether caused by Users of the Flagship Boat Transport services or by any of the equipment or programming associated with or utilized in the Flagship Boat Transport services.