Your Agreement with Yacht Broker Institute LLC, Inc.
LIMITATION OF USE
You may use Sites for legal purposes only. Furthermore, you agree that, if a third party claims that any material you have contributed to a Site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although (YBI LLC) does not monitor the content of the Sites, (YBI LLC, Inc.) has the right to remove material from the Sites, block access, or take other action with respect to the Material in its sole discretion, although (YBI LLC) is under no obligation to do so. You may not use (YBI LLC) computing resources or Sites to disseminate unsolicited advertising or promotional material of any kind.
Yacht Broker Institute LLC, its licensors and its content providers own all of the Materials featured or displayed on this Site. Patent, copyright, trademark, trade secret and other laws and treaties relating to intellectual property rights protect the Site and included Materials. Except as explicitly permitted herein, no portion of the Materials may be copied or retransmitted by any means, and all related rights shall remain the exclusive property of Yacht Broker Institute LLC, Inc. or its licensors unless otherwise expressly agreed. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software available on the Site.
Any content, information, or material that you submit to this Site (“User Material”) is considered non-confidential. You may only submit User Content that (i) does not violate the intellectual property rights of any third party, and (ii) is not pornographic, sexually or racially or ethnically discriminatory, or otherwise objectionable or harmful. By submitting User Material, you grant Yacht Broker Institute LLC, Inc. a worldwide, irrevocable, non-exclusive, perpetual, royalty-free license to display, distribute, modify, perform, reproduce and create derivative works from your User Material, and to sublicense any of the foregoing rights to third parties.
We may monitor or review any areas on the Site where users transmit or post User Material and we reserve the right, in our sole discretion, to remove your User Content from the Site and to restrict, suspend or terminate your access to all or part of the Site, at any time. To the maximum extent permitted by law, Yacht Broker Institute LLC will have no liability related to User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Yacht Broker Institute LLC also disclaims all liability with respect to the loss, misuse, modification, or unavailability of any User Content.
USE OF SOFTWARE & DOCUMENTATION
The software is used under license by Yacht Broker Institute LLC and the accompanying documentation that are made available to download from this Site are the patented and/or copyrighted work of Yacht Broker Institute LLC and/or its suppliers. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software.
PERMISSION TO USE MATERIALS.
In consideration for your agreement to the terms and conditions contained here, (YBI LLC) grants you a personal, non-exclusive, non-transferable license to access and use the Site(s) and related information. User may download material from the Sites only for User’s own personal, non-commercial use. User may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that use of any information, software or any other content on the Site is permissible rests with User.
Except as expressly provided otherwise in a written agreement between you and Yacht Broker Institute LLC all materials on this site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Yacht Broker Institute LLC makes no warranty that (i) the materials will be made available in a manner that is uninterrupted, secure, timely, or error-free, (ii) the results that may be obtained from the use of the materials will be effective, accurate or reliable, and (iii) the materials purchased or obtained by you from the site will meet your expectations.
(YBI LLC, Inc.) does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of this Site, information obtained from a Site, or link to a Site. (YBI LLC) does not warrant that Sites will operate in an uninterrupted or error-free manner or that Sites are free of viruses or other harmful components. Use of information obtained from or through these Sites is at your own risk.
FORMS: The Author assumes no responsibility for the legality or currency of the Forms and Contracts. Author is not giving legal advise or tax advise. Before using any of the Forms everyone should confer with a Maritime Attorney, local, State and Federal Authorities and/or appropriate Governmental Agencies having jurisdiction over the specific areas outlined to verify appropriate and legal use.
The samples in the guidebook have been prepared for educational purposes and the exclusive use and benefit of (YBI LLC) students. While care has been used in the preparation of theses forms, (YBI LLC) makes no claim of merchantability, suitability or legal language and use. Furthermore (YBI LLC) accepts no liability for any damages, which might result from or related to its use, either in whole or in part. Moreover (YBI LLC) hereby expressly disclaims any and all liability, or warranties, both expressed and implied, that might be wrongfully inferred by a user.
Generic sample forms which may be customized to your company’s specific needs and policies should be reviewed by your company attorney(s) prior to implementation for legal content and applicability of current state and federal law. (YBI LLC) accepts no liability for the content herein.
The forms are provided “AS IS” as examples they may not be any good. Even if they are good in one jurisdiction, they may not work in another and the facts of your situation may make these forms inappropriate for you. They are for informational purposes only, and you should consult an attorney before using them.
Their reproduction for sale or distribution shall constitute an infringement on Copyright.
LIMITATION OF LIABILITY
In no event shall Yacht Broker Institute LLC or its suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, whether arising in tort (including negligence), contract, or otherwise, including, without limitation, those damages resulting from loss of use, data or profits, whether or not Yacht Broker Institute LLC has been advised of the possibility of such damages. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the disclaimers or limitations above may not apply to you to the extent they are prohibited or superseded by state or national statutes.
INDEMNIFICATION You agree to indemnify and hold (YBI LLC) harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms, your use of a Site or your placement of any content onto a Site, and to fully cooperate in (YBI LLC) defense against any such claims.
USER NAME AND PASSWORD
You are responsible for the security and all use of the Site made using your username and password. If you believe there has been a breach of security of your username and password, such as theft or unauthorized use, you should notify us immediately by e-mail.
THIRD PARTY LINKS
Links to third party Web sites on this Site are provided as a convenience; these sites are not under our control and we are not responsible for any of their content. If you use these links, you will leave this Site. Yacht Broker Institute LLC does not endorse or make any representations about linked sites, or any materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Web sites linked to this Site, you do so entirely at your own risk and you waive any and all claims against us regarding the inclusion of such links and your use of those Web sites.
You agree to indemnify Yacht Broker Institute LLC its subsidiaries, affiliates, officers, agents, directors, licensors and employees against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Materials and related rights.
The Sites may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct errors or omissions without prior notice. We also reserve the right to cancel any offered product or service in the event of an error or omission in the description, including price, unavailability or other reason.
CHOICE OF LAW AND VENUE
This Site (excluding linked sites) is used under license by Third Parties and controlled by Yacht Broker Institute LLC from its offices in the State of Florida, United States of America. By accessing this Site, you and Yacht Broker Institute LLC agree that all matters relating to your access to, or use of, this Site shall be governed by the laws of the State of Florida (without giving effect to the conflicts of laws principles thereof), except as to copyright and trademark matters, which are covered by federal laws of the United States of America. Any action relating to this Agreement must be brought in the federal or state courts located in Broward County, Florida, and you irrevocably consent to the jurisdiction of such courts. Yacht Broker Institute LLC makes no representation that Materials available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from countries outside of the United States of America or any political subdivision thereof, do so on their own initiative and are responsible for compliance with local laws.
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Yacht Broker Institute LLC or other third parties. Yacht Broker Institute LLC, and the Yacht Broker Institute LLC logo are trademarks of Yacht Broker Institute LLC, Inc. and may not be used without our prior written permission.
(YBI LLC) respects the intellectual property rights of others. If you believe your copyright has been violated on a (YBI LLC) site, please give notice as stated under Reporting of Alleged Copyright Infringement.
These Terms constitute the entire agreement between you and (YBI LLC) and its affiliates with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.