Thank you for visiting BayBoatBuzz.com. The terms and conditions that apply to your use of BayBoatBuzz.com and our use of User Content (defined below) that you submit to us or post on BayBoatBuzz.com, are set forth below. By using BayBoatBuzz.com, you accept and agree to all of the terms and conditions set forth herein (the “Terms and Conditions”), which form a legally binding agreement between you and Bay Boat Buzz, LLC (“we”, “us” or the “Company”).
General; Changes to Terms and Conditions
We reserve the right to change these Terms and Conditions from time to time as we deem appropriate by posting such changes on BayBoatBuzz.com. Any changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We will not separately notify you that changes have been made, regardless of the scope and importance of the changes. Your continued use of BayBoatBuzz.com after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. BayBoatBuzz.com may change, and we may restrict access to, suspend or discontinue BayBoatBuzz.com, or any portion of BayBoatBuzz.com, at any time.
Ownership; License; and Limitations
BayBoatBuzz.com and all content displayed on BayBoatBuzz.com and all software, data and information used to provide BayBoatBuzz.com, in addition to all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by Bay Boat Buzz, LLC or its owners, affiliates, licensors or licensees. You agree not to copy, use or otherwise infringe upon or dilute any trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark or other notices from BayBoatBuzz.com. We grant you the limited and nonexclusive right and license to access or download a single copy of the content from this Website solely for your personal and non-commercial use and as necessary in connection with the use of any services available through BayBoatBuzz.com.
Except as expressly authorized in these Terms and Conditions, you may not modify, distribute, reproduce, display, or use BayBoatBuzz.com or any element(s) thereof without the express written consent of Bay Boat Buzz, LLC.
You are expressly prohibited from using automated means, methodologies, algorithms or devices or any manual process, to for any purpose monitor, copy, download or otherwise access data or content from BayBoatBuzz.com. A limited exception to the foregoing limitations and restrictions 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 BayBoatBuzz.com, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our applicable policies and procedures in effect from time to time. “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 classified listings such as automobiles, vehicles, jobs, housing/apartments, rentals, services or equipment or which is in the business of providing classified ad listing services.
All rights not expressly granted to you by Bay Boat Buzz, LLC in these Terms and Conditions are reserved to Bay Boat Buzz, LLC, and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from BayBoatBuzz.com as authorized hereunder.
In order to place a listing on BayBoatBuzz.com, you must register with a username and password. Only registered users have the ability to modify their personal information and delete their ads as needed.
Registered users are solely responsible for maintaining the confidentiality of their account and password and accept sole responsibility for any and all activities that occur under their account or password. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security, of which you become aware. You are responsible for any losses incurred by us or any other user of, or visitor to BayBoatBuzz.com due to someone else using your account or password.
By using BayBoatBuzz.com , you are verifying that you are at least eighteen (18) years of age and otherwise legally able to enter into contractual relationships. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.
Use at Your Own Risk
The content on BayBoatBuzz.com is provided for informational purposes. You may use the content and services available through BayBoatBuzz.com solely for your personal use. YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH BAYBOATBUZZ.COM AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF BAYBOATBUZZ.COM. We do not sell the advertised items directly and are not involved in any actual transaction between any seller and buyer. We make no guarantee and insure no item advertised BayBoatBuzz.com. We neither collect nor process payment for any advertised item, act as an escrow service or transfer title, nor do we warehouse, store, ship or deliver any item that is advertised.
BayBoatBuzz.com is not responsible for the content of any external websites to which BayBoatBuzz.com may link and specifically disclaims any liability for any damages or harm that may result from your use of any external website that may have been linked from BayBoatBuzz.com.
BayBoatBuzz.com respects the privacy of its users. This Privacy Statement only applies to information collected online through the BayBoatBuzz.com website and does not describe methods in which we may collect or use information obtained offline or through any means other than our website.
The information we collect falls into two categories: (1) information supplied by users of BayBoatBuzz.com when they register, list a boat for sale, perform a search, or inquire about a boat listed for sale; and (2) tracking information gathered as users navigate through our website and review our content. If you are a registered user listing a boat for sale, we also collect your registration information and information necessary to bill you for use of our site. We may also use your registration information to notify you of interested buyers. If you are a registered user of the site interested in buying a boat, we may collect your registration information so that we can notify interested sellers of your inquiries.
In order to tailor our website to the needs of users, we may keep track of pages visited by our users by placing a cookie on your hard drive. The cookie contains an ID number that allows us to track the pages visited by the visitor. We aggregate this data on the pages to track overall visitor/user traffic patterns. Cookies do not reveal personal identifying information; the only information a cookie may have is one you supply. Cookies do not record data off your hard drive. Most web browsers contain information on how you can be informed before accepting a cookie or to disable cookies entirely. If you do not accept cookies, some features on our website may not work for you.
Web Browser Levels and Web Beacons
We may use web beacons to further assist us in keeping track of how many users are accessing pages or listings on BayBoatBuzz.com. The web beacon is a small file, which allows us to track the number of users who view particular pages and listings. Browser level information is automatically collected by our web server. The web server collects limited information about your computer configuration when you visit our site, including your browser software you use, the operating system you are running, the resolution of your computer monitor, the website that may have referred you, and your IP address.
Use; Disclosure; and Security
Information we gather on our website is stored within Bay Boat Buzz, LLC-controlled databases (or databases hosted on our behalf) on servers maintained in protected environments. Private information you provide is secured for transmission over the internet using industry-standard secure sockets layer (SSL) encryption. However, no physical or electronic security system is impenetrable. We cannot guarantee the security of our servers or databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the internet.
We may collect, or have a third party collect on our behalf, aggregated statistical information about how users utilize and navigate around our site, such as number of users who visit various pages within the site, what they click on, whether the scroll particular pages, fill out forms, etc. This aggregate information does not identify you personally. The information is used to improve our site. We may also disclose this aggregated information to third parties.
BayBoatBuzz.com provides the ability for you to post information of varying nature relating to your boat listing (“User Content”) to BayBoatBuzz.com. By posting any User Content to BayBoatBuzz.com, you: (i) grant Bay Boat Buzz, LLC and its owners, affiliates and licensees the license to use and distribute such User Content in any manner we see fit; (ii) grant Bay Boat Buzz, LLC and its owners, affiliates and licensees the right to use the name that you use in connection with such post; and (iii) represent and warrant that you own or otherwise control all of the rights to the User Content that you submit or post, the User Content is accurate and the use of the User Content you supply or post does not violate these Terms and Conditions, does not violate any applicable law and will not cause injury or damage to any person or entity. You also permit any other user of BayBoatBuzz.com to utilize your User Content for that user’s personal, non-commercial use. By posting or submitting such User Content, you hereby waive any claim that Bay Boat Buzz, LLC misappropriated any such User Content or any portions thereof.
Use of BayBoatBuzz.com
Bay Boat Buzz, LLC does not guarantee the accuracy of any posting on BayBoatBuzz.com and specifically disclaims any responsibility or liability for the views and opinions expressed on BayBoatBuzz.com.
We reserve the right to review the content of BayBoatBuzz.com, including all User Content, for compliance with these Terms and Conditions, and to satisfy any law, regulation or authorized government request. We shall have the right to delete, move, refuse to post and/or edit any messages, listings, postings or other User Content that we consider unacceptable or inappropriate, whether for legal or other reasons.
You agree not to post, submit or transmit to Bay Boat Buzz, LLC any User Content or other information that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, fraudulent or otherwise objectionable, (iii) encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or (iv) without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any User Content shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy.
By submitting User Content to Bay Boat Buzz, LLC, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit such User Content. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from any User Content submitted by you to or through BayBoatBuzz.com. We reserve the right to deny access to BayBoatBuzz.com to anyone who violates these Terms and Conditions or who, in our judgment, interferes with the ability of others to enjoy BayBoatBuzz.com, or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Enforcement of Terms and Conditions
You agree to our preservation and storage of any communication by you through BayBoatBuzz.com or any posting on or through BayBoatBuzz.com and our potential disclosure of such data if required by law or if we determine that such disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms and Conditions, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of Bay Boat Buzz, LLC and/or its owners, affiliates, employees, users of or visitors to BayBoatBuzz.com or the public. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Disclaimer of Warranties; Limitation of Liability; and Indemnification
YOU RELY ON BAYBOATBUZZ.COM AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH BAYBOATBUZZ.COM. BAYBOATBUZZ.COM AND ANY AFFILIATED PRODUCTS AND SERVICES ARE PROVIDED TO YOU “AS IS”. BAY BOAT BUZZ, LLC AND ITS AFFILIATES, AGENTS AND LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH BAYBOATBUZZ.COM OR ANY AFFILIATED PRODUCT OR SERVICE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH BAYBOATBUZZ.COM). WE OR THEY FURTHER DO NOT GUARANTEE THAT BAYBOATBUZZ.COM AND/OR ANY AFFILIATED PRODUCT OR SERVICE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT BAYBOATBUZZ.COM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER BAYBOATBUZZ.COM NOR ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF BAYBOATBUZZ.COM OR ANY WEBSITE LINKED TO OR FROM BAYBOATBUZZ.COM, OR ADVERTISED OR PROMOTED ON BAYBOATBUZZ.COM, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA). YOU AGREE THAT THE LIABILITY OF BAY BOAT BUZZ, LLC AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO BAYBOATBUZZ.COM AND/OR ANY AFFILIATED PRODUCTS OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF BAYBOATBUZZ.COM OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BAY BOAT BUZZ, LLC, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OWNERS, REPRESENTATIVES, LICENSORS AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF YOUR USE OF BAYBOATBUZZ.COM.
SHOULD BAY BOAT BUZZ, LLC NEED TO DEFEND ITSELF OR ENFORCE ITS COMMON LAW RIGHTS OR ITS RIGHTS UNDER THESE TERMS AND CONDITIONS AS A RESULT OF YOUR USE OF BAYBOATBUZZ.COM, YOU AGREE TO PAY ALL ATTORNEYS’ FEES AND COSTS BAY BOAT BUZZ, LLC MAY INCUR AS A RESULT.
Choice of Law; Jurisdiction; and Venue
These Terms and Conditions have been made in, and will be construed in accordance with, the laws of the Commonwealth of Pennsylvania. By using BayBoatBuzz.com, you consent to the exclusive jurisdiction and venue of the courts of Chester County, Pennsylvania and/or the Federal Courts of the Eastern District of Pennsylvania for all disputes relating to or arising out of these Terms and Conditions or the use of BayBoatBuzz.com.
Entire Agreement; Severability; and No Waiver
These Terms and Conditions represent the entire agreement between you and Bay Boat Buzz, LLC. If any provision of these Terms and Conditions is deemed unenforceable, the enforceable provisions shall continue with full effect. Failure of Bay Boat Buzz, LLC to enforce any provision or avail itself of any remedy provided for by these Terms and Conditions shall not be deemed a waiver of any future enforcement.