1. ACCEPTANCE OF TERMS
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.boatus.com/courseline/TOU.asp
You acknowledge that all course postings and text, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post or otherwise make available via the Service. You acknowledge that BoatUS Foundation does not control, and is not responsible for Content made available through the Service. You agree that under no circumstances will BoatUS Foundation 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 BoatUS Foundation does not pre-screen or approve Content, but that BoatUS Foundation shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The BoatUS Foundation Courseline Online site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of BoatUS Foundation, including web sites, information and databases, applications, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, 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 agree that BoatUS Foundation shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions with third party organizations. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that BoatUS Foundation is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release BoatUS Foundation, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature arising out of or in any way related to such disputes and / or our service.
5. PRIVACY AND INFORMATION DISCLOSURE
6. CONDUCT AND RULES FOR POSTING COURSES
You agree to post only information relating to specific boating safety classes and not to post, email, or otherwise make available Content that violates any of our polices included in the BoatUS Foundation Courseline Online Code of Conduct, available here http://www.boatus.com/courseline/conduct.asp
and the BoatUS Foundation Courseline Online Rules for Posting Courses, available at http://www.boatus.com/courseline/rules.asp
7. PAID POSTINGS
We may charge a fee for certain for-profit, commercial businesses to post Content. The fee is an access fee permitting Content to be posted. 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.
8. LIMITATIONS ON SERVICE
You acknowledge that BoatUS Foundation 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 of postings, and the frequency with which you may access the Service. You agree that BoatUS Foundation has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that BoatUS Foundation reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that BoatUS Foundation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Organizations posting courses on the Courseline Online must either be licensed in the state in which they do business and comply with the laws regarding such business in the state granting the license OR be subject to the terms of a Memorandum of Understanding (MOU) with the BoatUS Foundation (such as the US Power Squadron and the US Coast Guard Auxiliary).
9. ACCESS TO THE SERVICE
BoatUS Foundation grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include 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 BoatUS Foundation. A limited exception 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. "General purpose internet search engine" does not include a website or search engine or other service that specializes in boating safety course listings or in any subset of course listings.
BoatUS Foundation permits you to display on your website, or create a hyperlink on your website to the Courseline Online. You may also create a hyperlink to the home page of BoatUS Foundation site so long as the link does not portray BoatUS Foundation, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to you by BoatUS Foundation immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from BoatUS Foundation.
10. TERMINATION OF SERVICE
You agree that BoatUS Foundation, 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 Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if BoatUS Foundation believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that BoatUS Foundation shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
11. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Any reproduction, modification, creation of derivative works from or redistribution of the site, and/or copying or reproducing the site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of BoatUS Foundation. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.
Although BoatUS Foundation does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to BoatUS Foundation 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 BoatUS Foundation 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.
12. DISCLAIMER OF WARRANTIES
You agree that use of the BoatUS Foundation Courseline Online site and the Service is entirely at your own risk. The BoatUS Foundation Courseline Online site and the Service 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, BoatUS Foundation disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Courseline Online site and the Service. To the fullest extent permitted by law, BoatUS Foundation disclaims any warranties for other services or goods received through or advertised on the Courseline Online site or the sites or Services accessed through any links on the Courseline Online site. To the fullest extent permitted by law, BoatUS Foundation disclaims any warranties for viruses or other harmful components in connection with the Courseline Online 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.
13. LIMITATIONS OF LIABILITY
Under no circumstances shall BoatUS Foundation be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if BoatUS Foundation has been advised of the possibility of such damages), resulting from any aspect of your use of the Courseline Online site or the Service, whether the damages arise from use or misuse of the site or the Service, from inability to use the site or the Service, or the interruption, suspension, modification, alteration, or termination of the BoatUS Foundation Courseline Online site or the Service. 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 BoatUS Foundation Courseline Online site or the Service or any links on the BoatUS Foundation site, as well as by reason of any information or advice received through or advertised in connection with the BoatUS Foundation site or the Service or any links on the BoatUS Foundation 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.
You agree to indemnify and hold BoatUS Foundation, its officers, affiliates, successors, assigns, directors, agents, 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.
15. GENERAL INFORMATION
The TOU constitute the entire agreement between you and BoatUS Foundation and govern your use of the Service, superseding any prior agreements between you and BoatUS Foundation. The TOU and the relationship between you and BoatUS Foundation shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and BoatUS Foundation agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Alexandria, Virginia. The failure of BoatUS Foundation 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.
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