Website Terms of Use
These "Terms of Use" set forth the terms and conditions that apply to your use of www.newandusedboatsforsale.com (the "Web Site"). By using the Web Site (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Web Site is personal to you and is not transferable to any other person or entity.
Copyrights and Trademarks
A. All materials contained on the Web Site are Copyright November 1, 2009, Bays Enterprises, Inc.. All rights reserved.
B. No part of the Web Site may be reproduced, altered, modified, republished, copied, transmitted or distributed for commercial use, for the creation of derivative works, or for public display in any form or by any means, except as otherwise permitted by these Terms of Use and the Service Agreement.
C. NewandUsedBoatsForSale.com and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify Bays Enterprises, Inc. and the goods and/or services provided by Bays Enterprises, Inc.. Such marks may not be used under any circumstances without the prior written authorization of Bays Enterprises, Inc..
D. Bays Enterprises Inc. will aggressively enforce its intellectual property and other legal rights to the fullest extent of the law and will seek damages, injunctive relief, attorney's fees and criminal prosecution where appropriate.
Content
Neither you nor your agents now software applications under your direct or indirect control may copy, reproduce, modify, publish, transmit, display, create derivative works from, frame, scrape, create links to, interfere with, or distribute in any form, or by any means, any content on Web Site. Neither you nor your agents may use, modify, adapt, reverse engineer or in any way exploit any of the content.
Unauthorized use of Web Site Content may violate, among others, United States and other national and international copyright laws, trademark laws, patent laws, trespass laws, the laws of privacy and publicity, unfair competition laws, communications regulations and statutes, the Service Agreement and these Terms of Use and may subject you to civil and criminal penalties.
Bulk Copying, Scraping, Automated Form Submissions, Automated Listing Creations and other Unauthorized Uses
Use of unauthorized applications, programs, protocols, devices or tools on the Web site can impose an expensive and unreasonable load on Web Site's infrastructure, slowing or damaging Web Site features and interfering with Web Site's commitments to it's customers, visitors and business operations.
Users of the Web Site, including without limitation free and paying clients, visitors and their agents, are prohibited from copying, accessing or distributing any Content, including boat listings, using any program, tool, application, protocol or device to make automated copies of any Content. You agree that neither you nor your agents will use any "robot," "spider," "rover," "scraper" or any other datamining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Web Site, Content or any portion thereof. You agree that neither you nor your agents will use any program, tool, application, protocol or device to perform automated entry of data into the Web Site, including without limitation, automation of HTTP SUBMIT into any HTML form on the Web site, or to copy, scrape or remove Content, data, information or other material from the Web Site for any purpose, whether or not any of the Content, data, information or other material taken is used, redistributed, transmitted, publicly displayed, altered, reformatted or discarded. You agree that neither you nor your agents will use any device, software, protocol, tool, routine or process to damage, disable, impair, interfere with, or attempt to damage, disable, impair, or interfere with, the proper working of the Web Site, Content, or any activities conducted on the Web Site. You agree that neither you nor your agents will take any action that, in Bays Enterprises Inc.'s sole discretion, overburdens or imposes a disproportionately large load on Web Site's infrastructure. Any unauthorized use of the Web Site or Content may be subject to prosecution, including, without limitation, termination of any use of the Web Site.
Access to Members-Only Areas
Only Members and their authorized agents are permitted to access password protected and members-only areas of Web Site., including Boatwizard.com and soldboats.com ("Members Only Areas"), provided that such access is otherwise permitted by these Terms of Use and by the Service Agreement. Members are not permitted to share passwords with non-Members or otherwise permit or facilitate non-Members' access to Members Only Areas if it would result in a violation of these Terms of Use. For example, Members are prohibited from authorizing third parties to act as their agent and thereby gain access to Members Only Areas, if the agent would thereby, in Bays Enterprises Inc.'s sole discretion, gain any commercial advantage and/or interfere with Bays Enterprises Inc.'s business by accessing the Members Only Areas. Individuals attempting to access or accessing Members Only Areas without written authorization from Bays Enterprises Inc.'s or otherwise in violation of these Terms of Use may be subject to prosecution, including, without limitation, termination of any use of the Web Site.
Links to Third-Party Web Site
Bays Enterprises, Inc. may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. Bays Enterprises, Inc. does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Bays Enterprises, Inc. does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. Bays Enterprises, Inc. will have no liability to any entity for the content or use of the content available through such hyperlink.
No Representations or Warranties; Limitations on Liability
The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Bays Enterprises, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON OR PURCHASED THROUGH THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.
Changes to These Terms of Use
Bays Enterprises, Inc. reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. You may contact Bays Enterprises, Inc. with any questions relating to these Terms of Use using our contact form.