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Boatwork Terms of Service

Yacht Supply, LLC. (“Boatwork”) displays reviews and ratings on a variety of service contractors and marine service providers (collectively, “Service Providers”) to allow you, the user, the opportunity to read about the experiences other users have had with these Service Providers and to provide your own reviews and ratings on the Service Providers you use. Boatwork also operates certain products whereby Boatwork facilitates the offer, sale, and/or marketing of certain promotions, discounts, coupons, vouchers, e-commerce offers, or deals (collectively, “Promotions”). All products and services described in this Section, as well as any other products and services offered by Boatwork at any time shall be defined herein as “Service” or “Services.”

In order to use the Service, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service (this “Agreement”). This Agreement may be modified by Boatwork from time to time at our sole discretion, and you will receive notice if modifications to the Agreement are made. We strongly recommend that, as you read this Agreement, you also access and read the linked information. By accepting this Agreement, you also agree that your use of some Boatwork-branded websites or other websites we operate may be governed by separate terms and conditions, agreements, and privacy policies.

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

1. BOATWORK SERVICE

Boatwork displays consumer reviews and ratings on a variety of Service Providers based upon the actual first-hand experiences those consumers had with those Service Providers and also provides you with the opportunity to provide your own reviews and ratings on the Service Providers with whom you have first-hand experiences.

(a) Advertiser Revenue
Boatwork earns revenue from Boatwork Subscriptions and Service Providers who meet certain eligibility requirements and pay Boatwork to advertise their services to you (“Advertisers”). For example, Advertisers can pay Boatwork to offer Promotions on the website, through enhanced profiles, direct mail, or other services. Unless otherwise prohibited by law, Advertisers offering Promotions typically offer a discount or benefit to Boatwork’s members.

2. REGISTRATION INFORMATION

As a condition of your use of the Service, you agree to: (a) provide Boatwork with true, accurate, current, and complete information as prompted by Boatwork’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy, and completeness of such information.

3. MINIMUM AGE

You must be 18 years of age or older to use or register for Services.

4. USE VOID WHERE PROHIBITED

Membership in the Service is void where prohibited.

5. PRIVACY POLICY

Boatwork has established a Privacy Policy to explain to you, and other users, how your personal information is collected and used. This Privacy Policy is located here.

6. ACCOUNT SECURITY

Boatwork will assign you a user ID and a password when you register. Your user ID and password may only be used by you and the members of your household (meaning anyone who currently shares with you the address you registered with Boatwork). You are solely responsible for maintaining and protecting the confidentiality of your user ID and password and are fully responsible for all activities that occur under your user ID and password.

6. LIMITED LICENSE TO WEBSITE

By agreeing to the terms and conditions of this Agreement, Boatwork grants you a limited license to access and use the reviews and ratings offered by the Service for your personal purchase decisions. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of Boatwork.

7. SUBMISSIONS OF REVIEWS

In order for you to submit your own reviews and ratings on the Website, you acknowledge and agree that:

  • All of your reviews and ratings will either be based upon: (i) your actual first-hand experiences with the Service Providers you are reviewing; or (ii) as provided under Section 14 (Service Providers) below, an individual and that individual’s actual first-hand experience with a marine service provider whereby you have the legal authority to disclose such information and experience of such individual;
  • All of your reviews and ratings of the Service Providers that you are rating will be accurate, truthful, and complete in all respects;
  • You do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings;
  • You do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which you submit reviews and ratings;
  • You are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
  • Your name and review information will be made available to the Service Providers on which you review; and
  • Boatwork may redact, delete, or reject your reviews if they do not conform with Boatwork’s publication criteria, which may change from time to time at Boatwork’s sole discretion.

your dispute with a Service Provider will result in a satisfactory outcome or your desired resolution.

You agree that, by offering the CRP, Boatwork does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections 15 (Service Providers), 26 (Warranty Disclaimer), and 27 (Limitation of Liability).

You acknowledge and agree that, during the Term of your Plan, Boatwork may—in its sole discretion and without notice—change the CRP program, including without limitation, its name, process, and/or function.

8. CONTENT LICENSE AND PROMOTION PLACEMENT

Although Boatwork does not claim ownership of any of the reviews, ratings, communications, information, data, text, or other materials you give us (collectively, the “Content”), by providing Content for the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Boatwork an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Boatwork with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on our Website by any other party.

You understand that Boatwork may display, disseminate, or place Promotions near, with, or adjacent to your Content in any form or media (whether now known or subsequently created). The manner, mode, and extent of such Promotions are subject to change at Boatwork’s discretion and without notice to you.

9. PUBLICATION AND DISTRIBUTION OF CONTENT

Boatwork does not guarantee the accuracy, integrity, quality, or appropriateness of any Content transmitted to or through the Service. You acknowledge that Boatwork simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through, or linked through the Service are the sole responsibility of the person from whom such Content originated. You understand that Boatwork does not control and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment and bear all risks associated with the use of any Content and Service Provider Content.

You further acknowledge that Boatwork has no obligation to screen, preview, monitor, or approve any Content or Service Provider Content or Content posted or submitted by any other Boatwork member or any Service Provider. However, Boatwork reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness, or appropriateness of any Content that you submit, receive, access, transmit, or otherwise convey through the Service. Under no circumstances will Boatwork be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted, or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Boatwork relating to Content or Service Provider Content, and release Boatwork from any and all liability for or relating to any Content or Service Provider Content.

10. SERVICE PROVIDERS

Boatwork does not endorse and is not responsible or liable for any Content, Service Provider Content, Promotions, data, advertising, products, goods, or services available or unavailable from, or through, any Service Providers. You agree that should you use or rely on such Content, Service Provider Content, Promotions, data, advertisement, products, goods, or services, available or unavailable from, or through any Service Provider, Boatwork is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations, or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve Boatwork. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.

You agree that Boatwork is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Boatwork relating to any interactions or dealings with any Service Provider, and release Boatwork from any and all liability for or relating to any interactions or dealings with Service Providers. In addition, you agree that Boatwork may exclude Service Providers from displaying in search results on the Boatwork Website for failing to meet particular Boatwork standards regarding Service Provider conduct.

Boatwork may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, BOATWORK DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY.

11. YOUR CONDUCT

In connection with your use of the Service, you represent and warrant that you:

• are above the age of eighteen (18);

• will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national, or international laws;

• will not submit any reviews that may be considered by Boatwork to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically, or otherwise objectionable;

• will not submit reviews that comment on other users or the reviews of other users;

• will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Boatwork, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;

• will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;

• will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);

• will not 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;

• will not take any action that would undermine the review and rating process under the Service;

• will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;

• will not use the Service in any manner that infringes, misappropriates, or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate, or violate a third party’s rights of publicity, contractual rights, fiduciary rights, or intellectual property rights;

• will not use the Service in any way that could interfere with the rights of Boatwork or the rights of other users of the Service;

• have sufficient rights in and to all Content that you provide, transmit, or otherwise convey to Boatwork in connection with the Service;

• agree not to re-sell or assign your rights or obligations under this Agreement;

• will not reproduce, duplicate, copy, sell, re-sell, or exploit any Content;

• will not access any Content for any commercial, educational, or other purposes not related to your personal purchasing decisions, the express written consent of Boatwork, which consent may be withheld by Boatwork in our discretion;

• grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;

• agree not to create an account or use Boatwork services if your account previously has been terminated by Boatwork or if you previously have been banned from using the services; and

• agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, Boatwork personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iii) advocate, encourage, or assist any third party in doing any of the foregoing activities in this subsection.

The reviews and ratings that you provide do not reflect the views of Boatwork, its officers, managers, owners, employees, agents, designees, or other users. In addition, Boatwork retains the right, in its sole discretion, to determine whether or not your use of the Service is consistent with the terms and conditions of this Agreement. Boatwork may suspend, restrict, or terminate your use of the Service and to refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Boatwork may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.

12. DISCLOSURE OF INFORMATION

As Boatwork continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. You hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.

13. TERM AND TERMINATION

The term of this Agreement (“Term”) will be in effect and continue so long as you have an active Subscription or Plan. In other words, the Term shall continue through each automatic Plan renewal until termination by either party in accordance with the terms of this Agreement.

Boatwork may, for any reason in its sole discretion, immediately terminate this Agreement, your account, and your access to the Service. If Boatwork merely terminates your account for its convenience and you are not in breach of this Agreement, Boatwork will refund your Membership Fee on a pro-rata basis from the date of such termination to the end of the then-current term.

Termination of your account will include removal of your access to all offerings of the Service, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof), and barring your further use of the Service.

14. MODIFICATION OF TERMS AND CONDITIONS

Boatwork will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website www.boatwork.co). You will receive notice if modifications to the Agreement are made. Boatwork will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.

15. Modification, Limitation, and Discontinuance of Service

Boatwork reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to you and we shall not be liable to you for any such modification, suspension, or discontinuance of the Service. You agree that Boatwork will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Service. You agree that Boatwork may establish general practices, policies, and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, 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 Boatwork has no responsibility or liability for the deletion or failure to store any reviews, ratings, and other communications maintained or transmitted by or through the Service. You agree that Boatwork has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

16. DELAYS

The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Boatwork is not responsible for any delays, failures, or other damage resulting from such problems.

17. USER FEEDBACK

Boatwork appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Service, please be specific in your comments regarding our services and do not submit creative ideas, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, or other information (collectively, the “Submissions”), such Submissions will be the property of Boatwork. In addition, none of the Submissions will be subject to any obligations of confidentiality and Boatwork will not be liable for any future use or disclosure of such Submissions.

18. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Boatwork, Inc., [Boatwork Address]. If you have any questions, concerns, or complaints regarding the Services, please contact Boatwork by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first-class certified mail, to GFY.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

19. COPYRIGHT MATERIALS

Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations, and software (collectively, the “Copyright Materials”) are the exclusive property of Boatwork and/or its licensors and are protected by all United States and international copyright laws.

20. WARRANTY DISCLAIMER

You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT BOATWORK ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT, OR FAILURE BY THE SERVICE. BOATWORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR BOATWORK COLLECTS WILL NOT BE DISCLOSED, OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

21. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOATWORK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF BOATWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY BOATWORK OR THE FAILURE OF BOATWORK TO PROVIDE THE SERVICE UNDER THIS AGREEMENT; OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). 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 limitations may not apply to you.

TO THE EXTENT BOATWORK IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, BOATWORK’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BOATWORK CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO BOATWORK THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR BOATWORK, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION) SUFFERED BY YOU AS A RESULT OF THE FAILURE OF BOATWORK TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY BOATWORK. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF BOATWORK TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY BOATWORK. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT BOATWORK SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.

22. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Boatwork, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers, and suppliers from and against all losses, liabilities, expenses, damages, claims, demands, and costs, including reasonable attorneys’ fees and court costs, due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate or untruthful Content or other information provided by you to Boatwork or that you submit, transmit, or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Boatwork will have sole control of the defense of any such damage or claim.

23. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Boatwork to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Boatwork’s damages for the specified breaches of this Agreement:

  • If you post Content in violation of this Agreement, you agree to promptly pay Boatwork One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) issue you a warning before assessing damages.
  • If you display, copy, duplicate, reproduce, sell, re-sell, or exploit for any purpose any Content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold, or exploited in violation of this Agreement.
  • If you use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged, or otherwise affected by you.

Except as set forth in the foregoing subsections (a) through (c), inclusive, you agree to pay the actual damages suffered by Boatwork, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve

to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

24. NOTICE

You agree that Boatwork may communicate any notices to you under this Agreement through electronic mail, regular mail, or posting the notices on the Website. All notices to Boatwork will be provided by sending a letter, first-class certified mail, to Boatwork, Inc., [Boatwork Address], Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Boatwork will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

Yacht Supply, LLC
Email: hello@boatwork.co

If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Boatwork will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

25. ENTIRE AGREEMENT

This Agreement governs your use of the Service and constitutes the entire agreement between you and Boatwork. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and Boatwork regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to Boatwork under this Agreement.

26. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (either of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida.

27. MISCELLANEOUS

This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Boatwork’s rights if Boatwork fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and Boatwork agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment, or agency relationship exists between you and Boatwork as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.