Terms of Service| Terms of Service |
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Terms of Service
Some or all of the information on this Web site(s) is provided by Fundamental Developments L.L.C. on one or more Fundamental Developments L.L.C. Web sites. The Fundamental Developments L.L.C. Web sites include the following Web sites: www.boatjobsguide.com, www.yachttrails.com, and any others that may be added in the future. Fundamental Developments L.L.C. provides this service to you, subject to the following Terms of Service (“TOS”), which may be updated by us anytime without notice to you. When using particular Fundamental Developments L.L.C. services, you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. For specific services, Fundamental Developments L.L.C. also may put forth specific Terms of Service that differ from this TOS. It is your responsibility to periodically review the TOS. If you do not agree with or understand the TOS, do not use a Fundamental Developments L.L.C. site.
The TOS apply to both “Affiliates” (persons or entities that receive the Service, as defined below, for redistribution and/or republication on a non-Fundamental Developments L.L.C. website) and “Users” (all persons, including Affiliates, that make any use whatsoever of any Service, as defined below). Fundamental Developments L.L.C. currently provides Affiliates and Users with several resources, including news feeds, message boards, financial calculators, articles, stock and foreign currency quotes, email, resume posting/hosting, internet blogs, graphic maps, graphic and text locators, quantitative opinion ranking systems, classifieds, research resources, and many other services (the “Service”). Unless expressly stated otherwise, new resources added to the current Service shall be subject to the TOS. You understand and agree that the Service is provided “as is” and that Fundamental Developments L.L.C. assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.
In consideration of your use of the Service, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it truthful, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Fundamental Developments L.L.C. has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Fundamental Developments L.L.C. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You will receive a password and account designation upon completing the registration process for the use of some Services. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Fundamental Developments L.L.C. of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. Fundamental Developments L.L.C. cannot and will not be liable for any loss or damage arising from your failure to comply with this Paragraph.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Fundamental Developments L.L.C., are entirely responsible for all Content that you upload, post, e-mail, or otherwise transmit via the Service. Fundamental Developments L.L.C. does not control the Content posted via the Service and thus does not guarantee its accuracy, integrity, or quality. By using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Fundamental Developments L.L.C. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise transmitted via the Service.
You agree to not use the Service to:
You acknowledge that Fundamental Developments L.L.C. does not pre-screen Content, but that Fundamental Developments L.L.C. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Fundamental Developments L.L.C. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Fundamental Developments L.L.C. or submitted to Fundamental Developments L.L.C., including without limitation information in Fundamental Developments L.L.C. Message Boards and in all other parts of the Service.
You acknowledge and agree that Fundamental Developments L.L.C. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Fundamental Developments L.L.C., its Users, and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
With respect to all Content you elect to post to other publicly accessible areas of the Service, you grant Fundamental Developments L.L.C. the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold Fundamental Developments L.L.C. and its subsidiaries, Affiliates, officers, agents, co-branders or other partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to, or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service, except in accordance with the TOS.
You acknowledge that Fundamental Developments L.L.C. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Fundamental Developments L.L.C.’s servers on your behalf, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time. You agree that Fundamental Developments L.L.C. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Fundamental Developments L.L.C. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Fundamental Developments L.L.C. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Fundamental Developments L.L.C. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that Fundamental Developments L.L.C. shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that Fundamental Developments L.L.C., in its sole discretion, may terminate your password, account (or any part thereof), or use of the Service and remove and discard any Content within the Service for any reason. Fundamental Developments L.L.C. may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, or may change the price for the Service, all with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be affected without prior notice, and acknowledge and agree that Fundamental Developments L.L.C. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Fundamental Developments L.L.C. shall not be liable to you or any third party for any termination of your access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Fundamental Developments L.L.C. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service or third parties may provide links to other World Wide Web sites or resources. Because Fundamental Developments L.L.C. has no control over such sites and resources, you acknowledge and agree that Fundamental Developments L.L.C. is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fundamental Developments L.L.C. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Fundamental Developments L.L.C. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
Fundamental Developments L.L.C. grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Fundamental Developments L.L.C. for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FUNDAMENTAL DEVELOPMENTS L.L.C. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FUNDAMENTAL DEVELOPMENTS L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NO CONTENT INCLUDED IN THE SERVICE IS INTENDED FOR TRADING OR INVESTING PURPOSES. FUNDAMENTAL DEVELOPMENTS L.L.C. SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION TRANSMITTED VIA THE SERVICE AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT DECISIONS MADE BASED ON SUCH INFORMATION.
NOTIFICATION OF COPYRIGHT, TRADEMARK, AND OTHER PROPRIETARY INFORMATION INCLUDED ON THIS WEB PAGE
The owner of this site asserts all proprietary rights in and to all names and trademarks contained on this web page, regardless of whether a trademark registration has been secured. The name yachttrails.com is a registered trademark of Fundamental developments L.L.C., the owner of this web site and such registered trademark will be asserted in the United States and other countries. Any use of the owner’s trademarks in connection with any product or service that does not belong to the owner of this web site, unless otherwise authorized in a written license agreement, will constitute an infringement upon the trademark rights of such owner and may be actionable under the United States Trademark Laws and/or International Trademark Laws and the Trademark or equivalent laws of other countries.
DIGITAL MELLINIUM ACT OF 1998
NOTICE AND DESIGNATION OF AGENT FOR COPYRIGHT INFRINGEMENT NOTIFICATION
Fundamental Developments L.L.C. respects the intellectual property of others and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, pursuant to the terms of the Digital Millennium Copyright Act of 1998 ("DMCA"), the owners of this site have registered an Interim Designated Agent with the United States Copyright Office. Our Interim Designated Agent is assigned to receive all notifications under the DMCA.
Our Interim Designated Agent can be contacted as follows:
Postal Mail: DMCA Agent / Fundamental Developments L.L.C.
Fax: Attn: DMCA Agent, Fundamental Developments L.L.C.
OUR POLICY ON INFRINGING ARTICLES OBTAINED THROUGH THIS SERVER
It is our policy to fully comply with the terms of the DMCA and to remove any article which we are notified infringes upon the copyrights of any party. We do not knowingly place any infringing items on our servers.
Furthermore, it is our policy to, at our discretion, terminate the accounts of any subscriber to our services who knowingly infringes upon the copyrights of others.
Notification
NOTIFYING US IF YOU FEEL MATERIAL AVAILABLE FORM OUR SERERS VIOLATES YOUR COPYRIGHTS
We refer you to the full text of the DMCA for a complete description of your rights and obligations concerning materials on this server that you feel violate your copyrights. It is our policy to fully comply with the DMCA.You may notify us of materials that you feel are infringing by notifying the Designated Agent at the contact information indicated above. Your notification should comply with the requirements of the DMCA. At a minimum, the notice should include:
HOW WE PROCESS NOTICE THAT WE RECEIVE
It is our policy to follow the terms of the DMCA. Upon receipt of a notice that “substantially complies” with the contents that are proscribed by the DMCA, we will take action to remove or disable the material that is claimed to be infringing.
We will contemporaneously notify the party responsible for such material that we have received our notification. This notification will include a statement that this party has the right to give us a counter notification which complies with the requirements of the DMCA.
COUNTER NOTIFICATION
If material that you have posted to a site controlled or operated by Fundamental Developments L.L.C. has been taken down, you may file a counter-notification that contains the following details:
Then send this notice to:
Postal Mail: DMCA Agent / Fundamental Developments L.L.C.
Fax: Attn: DMCA Agent, Fundamental Developments L.L.C.
If we receive a counter notification from the party responsible for the allegedly infringing content, we will notify you that we shall replace the removed or disabled material in 10 business days unless you notify us that you have commenced court action against the allegedly infringing party within that 10 day period.
If you file court action, the allegedly infringing materials will remain disabled until an order of the court determines the matter.
YOUR FURTHER RIGHTS
For a complete description of the rights that you have under the DMCA and the procedure that we will follow, we refer you to the full text of the DMCA. Nothing in these policies is intended to supplant the requirements and procedures contained in the DMCA. If there is conflict between these policies and the terms of the DMCA, the terms and requirements of the DMCA shall control.
Summary of Digital Millennium Act From the Copyright Office
The TOS constitute the entire agreement between you and Fundamental Developments L.L.C. and govern your use of the Service, superseding any prior agreements between you and Fundamental Developments L.L.C.. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The TOS and the relationship between you and Fundamental Developments L.L.C. shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Fundamental Developments L.L.C. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Tarrant, Arlington, Texas. The failure of Fundamental Developments L.L.C. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 that the other provisions of the TOS remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(last updated on; November 1, 2009) |
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