Boats & Gear For Sale!

1. ACCEPTANCE OF TERMS

Boats and Gear for Sale provides a collection of online resources, including boat ads, business ads, and wanted ads and various other classified ads, (referred to hereafter as "Services") subject to the following Terms of Use ("TOU"). By using the Services

in any way, you are agreeing to comply with the TOU. In addition, when using

particular Boats and Gear 4 Sale services, you agree to abide by any applicable posted

guidelines for all Boats and Gear 4 Sale services, which may change from time to time.

Should you object to any term or condition of the TOU, any guidelines,

or any subsequent modifications thereto or become dissatisfied with Boats and Gear 4 Sale

in any way, your only recourse is to immediately discontinue use of Boats and Gear 4 Sale.

Boats and Gear 4 Sale has the right, but is not obligated, to strictly enforce the TOU

through self-help, community moderation, active investigation, litigation and

prosecution.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise

alter these terms and conditions at any time. Such modifications shall become

effective immediately upon the posting thereof. You must review this agreement

on a regular basis to keep yourself apprised of any changes. You can find the

most recent version of the TOU at:

http://www.boatsandgear4sale.com/about/termsofuse.php

3. CONTENT

You understand that all postings, messages, text, files, images, photos,

video, sounds, or other materials ("Content") posted on, transmitted

through, or linked from the Services, are the sole responsibility of the

person from whom such Content originated. More specifically, you are

entirely responsible for each individual item ("Item") of Content that you

post, email or otherwise make available via the Services. You understand that

Boats and Gear 4 Sale does not control, and is not responsible for Content made available

through the Services, and that by using the Services, you may be exposed to

Content that is offensive, indecent, inaccurate, misleading, or otherwise

objectionable. Furthermore, the Boats and Gear 4 Sale site and Content available through

the Services may contain links to other websites, which are completely

independent of Boats and Gear 4 Sale. Boats and Gear 4 Sale makes no representation or warranty as

to the accuracy, completeness or authenticity of the information contained

in any such site. Your linking to any other websites is at your own risk.

You agree that you must evaluate, and bear all risks associated with, the

use of any Content, that you may not rely on said Content, and that under no

circumstances will Boats and Gear 4 Sale be liable in any way for any Content or for

any loss or damage of any kind incurred as a result of the use of any Content

posted, emailed or otherwise made available via the Service. You acknowledge

that Boats and Gear 4 Sale does not pre-screen or approve Content, but that Boats and Gear 4 Sale

shall have the right (but not the obligation) in its sole discretion to

refuse, delete or move any Content that is available via the Services, for

violating the letter or spirit of the TOU or for any other reason and no refund will be given.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

The Boats and Gear 4 Sale site and Content available through the Services may contain

features and functionalities that may link you or provide you with access

to third party content which is completely independent of Boats and Gear 4 Sale,

including web sites, directories, servers, networks, systems, information

and databases, applications, software, programs, products or services,

and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through

the Services, including payment and delivery of goods or services, and any

other terms, conditions, warranties or representations associated with such

dealings, are solely between you and such organizations and/or individuals.

You should make whatever investigation you feel necessary or appropriate

before proceeding with any online or offline transaction with any of these

third parties.

You agree that Boats and Gear 4 Sale shall not be responsible or liable for any loss or

damage of any sort incurred as the result of any such dealings. If there is

a dispute between participants on this site, or between users and any third

party, you understand and agree that Boats and Gear 4 Sale is under no obligation to

become involved. In the event that you have a dispute with one or more other

users, you hereby release Boats and Gear 4 Sale, its officers, employees, agents and

successors in rights from claims, demands and damages (actual and

consequential) of every kind or nature, known or unknown, suspected and

unsuspected, disclosed and undisclosed, arising out of or in any way related

to such disputes and / or our service. 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 favor at the time of executing the release, which, if known by him must

have materially affected his settlement with the debtor."

5. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes

otherwise violated, please notify Boats and Gear 4 Sale 's agent for notice of claims of

abuse@boatsandgear4sale.com

Please provide our Agent with the following Notice:

a) Identify the material on the Boats and Gear 4 Sale site that you claim is

infringing, with enough detail so that we may locate it on the website;

b) A statement by you that you have a good faith belief that the disputed

use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above

information in your Notice is accurate, and (2) that you are the owner of

the copyright interest involved or that you are authorized to act on behalf

of that owner;

d) Your address, telephone number, and email address; and

e) Your electronic signature.

Boats and Gear 4 Sale will remove the infringing posting(s), subject to the procedures

outlined in the Digital Millenium Copyright Act (DMCA).

6. PRIVACY AND INFORMATION DISCLOSURE

Boats and Gear 4 Sale has established a Privacy Policy to explain to users how their

information is collected and used, which is located at the following web

address:

http://www.boatsandgear4sale.com/about/privacy_policy

Your use of the Boats and Gear 4 Sale website or the Services signifies acknowledgement of

and agreement to our Privacy Policy. You further acknowledge and agree that

Boats and Gear 4 Sale may, in its sole discretion, preserve or disclose your Content,

as well as your information, such as email addresses, IP addresses, timestamps,

and other user information, if required to do so by law or in the good faith

belief that such preservation or disclosure is reasonably necessary to:

comply with legal process; enforce the TOU; respond to claims that any

Content violates the rights of third-parties; respond to claims that contact

information (e.g. phone number, street address) of a third-party has been

posted or transmitted without their consent or as a form of harassment;

protect the rights, property, or personal safety of Boats and Gear 4 Sale , its users or

the general public.

7. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,

libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct

including but not limited to (i) sexual intercourse, including genital-genital,

oral-genital, anal-genital, or oral-anal, whether between persons of the same or

opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or

masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area

of any person;

c) that harasses, degrades, intimidates or is hateful toward an individual or

group of individuals on the basis of religion, gender, sexual orientation,

race, ethnicity, age, or disability;

d) that violates the Fair Housing Act by stating, in any notice or ad for

the sale or rental of any dwelling, a discriminatory preference based on

race, color, national origin, religion, sex, familial status or handicap

(or violates any state or local law prohibiting discrimination on the

basis of these or other characteristics);

e) that violates federal, state, or local equal employment opportunity

laws, including but not limited to, stating in any advertisement for

employment a preference or requirement based on race, color, religion,

sex, national origin, age, or disability.

f) with respect to employers that employ four or more employees, that

violates the anti-discrimination provision of the Immigration and

Nationality Act, including requiring U.S. citizenship or lawful

permanent residency (green card status) as a condition for employment,

unless otherwise required in order to comply with law, regulation,

executive order, or federal, state, or local government contract.

g) that impersonates any person or entity, including, but not limited to, a

Boats and Gear 4 Sale employee, or falsely states or otherwise misrepresents your

affiliation with a person or entity (this provision does not apply to Content

that constitutes lawful non-deceptive parody of public figures.);

h) that includes personal or identifying information about another person

without that person's explicit consent;

i) that is false, deceptive, misleading, deceitful, misinformative, or

constitutes "bait and switch";

j) that infringes any patent, trademark, trade secret, copyright or other

proprietary rights of any party, or Content that you do not have a right to

make available under any law or under contractual or fiduciary relationships;

k) that constitutes or contains "affiliate marketing," "link referral code,"

"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited

commercial advertisement;

l) that constitutes or contains any form of advertising or solicitation if:

posted in areas of the Boats and Gear 4 Sale sites which are not designated for such

purposes; or emailed to Boats and Gear 4 Sale users who have not indicated in writing that

it is ok to contact them about other services, products or commercial interests.

m) that includes links to commercial services or web sites, except as allowed

in "services";

n) that advertises any illegal service or the sale of any items the sale of

which is prohibited or restricted by any applicable law, including without

limitation items the sale of which is prohibited or regulated by California

law.

o) that contains software viruses 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;

p) that disrupts the normal flow of dialogue with an excessive amount of

Content (flooding attack) to the Services, or that otherwise negatively

affects other users' ability to use the Service; or

q) that employs misleading email addresses, or forged headers or otherwise

manipulated identifiers in order to disguise the origin of Content

transmitted through the Service.

Additionally, you agree not to:

r) contact anyone who has asked not to be contacted, or make unsolicited

contact with anyone for any commercial purpose;

s) "stalk" or otherwise harass anyone;

t) collect personal data about other users for commercial or unlawful

purposes;

u) use automated means, including spiders, robots, crawlers, data mining

tools, or the like to download data from the Services - unless expressly

permitted by Boats and Gear 4 Sale;

v) post non-local or otherwise irrelevant Content, repeatedly post the

same or similar Content or otherwise impose an unreasonable or

disproportionately large load on our infrastructure;

w) post the same item or service in more than one classified category or

forum, or in more than one metropolitan area;

x) attempt to gain unauthorized access to Boats and Gear 4 Sale's computer systems or

engage in any activity that disrupts, diminishes the quality of, interferes

with the performance of, or impairs the functionality of, the Service or

the Boats and Gear 4 Sale website; or

y) use any form of automated device or computer program that enables the

submission of postings on Boats and Gear 4 Sale without each posting being manually

entered by the author thereof (an "automated posting device"), including

without limitation, the use of any such automated posting device to submit

postings in bulk, or for automatic submission of postings at regular intervals.

z) use any form of automated device or computer program ("flagging tool")

that enables the use of Boats and Gear 4 Sale 's "flagging system" or other community

moderation systems without each flag being manually entered by the person

that initiates the flag (an "automated flagging device"), or use the

flagging tool to remove posts of competitors, or to remove posts without a

good faith belief that the post being flagged violates these TOU;

8. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary

that offers to post Content to the Service on behalf of others. To

moderate demands on Boats and Gear 4 Sale 's resources, you may not use a Posting

Agent to post Content to the Service without express permission or

license from Boats and Gear 4 Sale . Correspondingly, Posting Agents are not

permitted to post Content on behalf of others, to cause Content to

be so posted, or otherwise access the Service to facilitate posting

Content on behalf of others, except with express permission or

license from Boats and Gear 4 Sale .

9. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to

Boats and Gear 4 Sale email addresses or through Boats and Gear 4 Sale computer systems, which is

expressly prohibited by these Terms, will use or cause to be used servers

located in California. Any unauthorized use of Boats and Gear 4 Sale computer systems

is a violation of these Terms and certain federal and state laws, including

without limitation the Computer Fraud and Abuse Act (18 U.S.C. Â§ 1030 et

seq.), Section 502 of the California Penal Code and Section 17538.45 of the

California Business and Professions Code. Such violations may subject the

sender and his or her agents to civil and criminal penalties.

10. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee

is an access fee permitting Content to be posted in a designated area.

Each party posting Content to the Service is responsible for said Content

and compliance with the TOU. All fees paid will be non-refundable in the

event that Content is removed from the Service for violating the TOU.

11. LIMITATIONS ON SERVICE

You acknowledge that Boats and Gear 4 Sale may establish limits concerning use of the

Service, including the maximum number of days that Content will be retained

by the Service, the maximum number and size of postings, email messages, or

other Content that may be transmitted or stored by the Service, and the

frequency with which you may access the Service. You agree that Boats and Gear 4 Sale

has no responsibility or liability for the deletion or failure to store any

Content maintained or transmitted by the Service. You acknowledge that

Boats and Gear 4 Sale reserves the right at any time to modify or discontinue the

Services (or any part thereof) with or without notice, and that Boats and Gear 4 Sale

shall not be liable to you or to any third party for any modification,

suspension or discontinuance of the Services. Any violation of these conduct statutes will result in your listings or account being removed with NO refund.

12. ACCESS TO THE SERVICE

Boats and Gear 4 Sale grants you a limited, revocable, nonexclusive license to access

the Services for your own personal use. This license does not include:

(a) access to the Services by Posting Agents; or (b) any collection,

aggregation, copying, duplication, display or derivative use of the Service

nor any use of data mining, robots, spiders, or similar data gathering and

extraction tools for any purpose unless expressly permitted by Boats and Gear 4 Sale .

A limited exception to (b) is provided to general purpose internet search

engines and non-commercial public archives that use such tools to gather

information for the sole purpose of displaying hyperlinks to the Service,

provided they each do so from a stable IP address or range of IP addresses

using an easily identifiable agent and comply with our robots.txt file.

"General purpose internet search engine" does not include a website or

search engine or other service that specializes in classified listings

or in any subset of classifieds listings such as jobs, housing, for sale,

services, or personals, or which is in the business of providing classified

ad listing services.

Use of the Service beyond the scope of authorized access granted to you by

Boats and Gear 4 Sale immediately terminates said permission or license. In order to

collect, aggregate, copy, duplicate, display or make derivative use of the

the Service or any Content made available via the Services for other

purposes (including commercial purposes) not stated herein, you must first

obtain a license from Boats and Gear 4 Sale.

13. TERMINATION OF SERVICE

You agree that Boats and Gear 4 Sale , in its sole discretion, has the right (but not

the obligation) to delete or deactivate your account, block your email or IP

address, or otherwise terminate your access to or use of the Services (or any

part thereof), immediately and without notice, and remove and discard any

Content within the Services, for any reason, including, without limitation,

if Boats and Gear 4 Sale believes that you have acted inconsistently with the letter or

spirit of the TOU. Further, you agree that Boats and Gear 4 Sale shall not be liable

to you or any third-party for any termination of your access to the Services and you also agree that no refund will be given if you are in violation of said TOU.

Further, you agree not to attempt to use the Service after said termination.

Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.

14. PROPRIETARY RIGHTS

The Services is protected to the maximum extent permitted by copyright laws

and international treaties. Content displayed on or through the Services is

protected by copyright as a collective work and/or compilation, pursuant to

copyrights laws, and international conventions. Any reproduction,

modification, creation of derivative works from or redistribution of the

site or the collective work, and/or copying or reproducing the sites

or any portion thereof to any other server or location for further

reproduction or redistribution is prohibited without the express

written consent of Boats and Gear 4 Sale. You further agree not to reproduce,

duplicate or copy Content from the Services without the express written

consent of Boats and Gear 4 Sale, and agree to abide by any and all copyright notices

displayed on the Services. You may not decompile or disassemble, reverse

engineer or otherwise attempt to discover any source code contained in the

Service. Without limiting the foregoing, you agree not to reproduce,

duplicate, copy, sell, resell or exploit for any commercial purposes, any

aspect of the Services.

Although Boats and Gear 4 Sale does not claim ownership of content that its users post,

by posting Content to any public area of the Services, you automatically

grant, and you represent and warrant that you have the right to grant, to

Boats and Gear 4 Sale an irrevocable, perpetual, non-exclusive, fully paid, worldwide

license to use, copy, perform, display, and distribute said Content and to

prepare derivative works of, or incorporate into other works, said Content,

and to grant and authorize sublicenses (through multiple tiers) of the

foregoing. Furthermore, by posting Content to any public area of the Service,

you automatically grant Boats and Gear 4 Sale all rights necessary to prohibit any

subsequent aggregation, display, copying, duplication, reproduction, or

exploitation of the Content on the Service by any party for any purpose.

15. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE Boats and Gear 4 Sale SITE AND THE SERVICES IS ENTIRELY AT

YOUR OWN RISK. THE Boats and Gear 4 Sale SITE AND THE SERVICEs ARE PROVIDED ON AN "AS

IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL

EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND

NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE

FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,

Boats and Gear 4 Sale DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,

TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BOATS AND GEAR 4 SALE SITE AND THE

SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Boats and Gear 4 Sale DISCLAIMS ANY

WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE

Boats and Gear 4 Sale SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON

THE Boats and Gear 4 Sale SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Boats and Gear 4 Sale

DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN

CONNECTION WITH THE Boats and Gear 4 Sale SITE OR THE SERVICE. Some jurisdictions do

not allow the disclaimer of implied warranties. In such jurisdictions, some

of the foregoing disclaimers may not apply to you insofar as they relate to

implied warranties.

16. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Boats and Gear 4 Sale BE LIABLE FOR DIRECT, INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BOATS AND GEAR 4 SALE

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY

ASPECT OF YOUR USE OF THE Boats and Gear 4 Sale SITE OR THE SERVICE, WHETHER THE

DAMAGES ARISE FROM USE OR MISUSE OF THE Boats and Gear 4 Sale SITE OR THE SERVICE, FROM

INABILITY TO USE THE BOATS AND GEAR 4 SALE SITE OR THE SERVICES, OR THE INTERRUPTION,

SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Boats and Gear 4 Sale SITE

OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES

INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR

ADVERTISED IN CONNECTION WITH THE Boats and Gear 4 Sale SITE OR THE SERVICE OR ANY

LINKS ON THE Boats and Gear 4 Sale SITE, AS WELL AS BY REASON OF ANY INFORMATION OR

ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Boats and Gear 4 Sale SITE

OR THE SERVICES OR ANY LINKS ON THE Boats and Gear 4 Sale SITE. THESE LIMITATIONS SHALL

APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,

limitations of liability are not permitted. In such jurisdictions, some of

the foregoing limitation may not apply to you.

17. INDEMNITY

You agree to indemnify and hold Boats and Gear 4 Sale, its officers, subsidiaries,

affiliates, successors, assigns, directors, officers, agents, service

providers, suppliers and employees, harmless from any claim or demand,

including reasonable attorney fees and court costs, made by any third party

due to or arising out of Content you submit, post or make available through

the Service, your use of the Service, your violation of the TOU, your

breach of any of the representations and warranties herein, or your

violation of any rights of another.

18. GENERAL INFORMATION

The TOU constitute the entire agreement between you and Boats and Gear 4 Sale and

govern your use of the Services, superceding any prior agreements between you

and Boats and Gear 4 Sale. The TOU and the relationship between you and Boats and Gear 4 Sale

shall be governed by the laws of the State of California without regard to

its conflict of law provisions. You and Boats and Gear 4 Sale agree to submit to the

personal and exclusive jurisdiction of the courts located within the county

of San Francisco, California. The failure of Boats and Gear 4 Sale to exercise or

enforce any right or provision of the TOU shall not constitute a waiver of

such right or provision. If any provision of the TOU 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 TOU 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 TOU must be filed within one (1) year after such

claim or cause of action arose or be forever barred.

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU, by flagging the posting(s) for

review, or by emailing to:

abuse@boatsandgear4sale.com

Our failure to act with respect to a breach by you or others does not waive our

right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify,

if it becomes necessary for Boats and Gear 4 Sale to pursue legal action to enforce these

Terms, you will be liable to pay Boats and Gear 4 Sale the following amounts as liquidated

damages, which you accept as reasonable estimates of Boats and Gear 4 Sale's damages for

the specified breaches of these Terms:

a. If you post a message that (1) impersonates any person or entity; (2)

falsely states or otherwise misrepresents your affiliation with a person or

entity; or (3) that includes personal or identifying information about

another person without that person's explicit consent, you agree to pay

Boats and Gear 4 Sale one thousand dollars ($1,000) for each such message.

This provision does not apply to Content that constitutes lawful non-deceptive

parody of public figures.

b. If Boats and Gear 4 Sale establishes limits on the frequency with which you may

access the Services, or terminates your access to or use of the Services, you

agree to pay Boats and Gear 4 Sale one hundred dollars ($100) for each message posted

in excess of such limits or for each day on which you access Boats and Gear 4 Sale in

excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to Boats and Gear 4 Sale email

addresses or through Boats and Gear 4 Sale computer systems, you agree to pay

Boats and Gear 4 Sale twenty five dollars ($25) for each such email.

d. If you post Content in violation of the TOU, other than as described

above, you agree to pay Boats and Gear 4 Sale one hundred dollars ($100) for each

Item of Content posted. In its sole discretion, Boats and Gear 4 Sale may elect

to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the

TOU, in addition to any liquidated damages under clause (d), you agree to

pay Boats and Gear 4 Sale one hundred dollars ($100) for each and every Item you post

in violation of the TOU. A Posting Agent will also be deemed an agent of

the party engaging the Posting Agent to access the Services (the

"Principal"), and the Principal (by engaging the Posting Agent in

violation of the TOU) agrees to pay Boats and Gear 4 Sale an additional one hundred

dollars ($100) for each Item posted by the Posting Agent on behalf of

the Principal in violation of the TOU.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise

exploit for any purpose any Content (except for your own Content) in

violation of these Terms without Boats and Gear 4 Sale 's express written permission,

you agree to pay Boats and Gear 4 Sale three thousand dollars ($3,000) for each day

on which you engage in such conduct.

Otherwise, you agree to pay Boats and Gear 4 Sale's actual damages, to the extent such

actual damages can be reasonably calculated. Notwithstanding any other

provision of these Terms, Boats and Gear 4 Sale retains the right to seek the remedy

of specific performance of any term contained in these Terms, or a preliminary

or permanent injunction against the breach of any such term or in aid of the

exercise of any power granted in these Terms, or any combination thereof.