WEBSITE DISCLAIMER, TERMS AND CONDITIONS
These terms and conditions govern your use of this website, operated by Specialty Yachts Ltd. (“Specialty Yachts”); by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
LICENSE TO USE WEBSITE
Unless otherwise stated, Specialty Yachts and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website) without obtaining consent from Specialty Yachts;
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; or
- edit or otherwise modify any material obtained from the website.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Specialty Yachts’ express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Specialty Yachts’ express written consent.
In these terms and conditions, “user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Specialty Yachts or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Specialty Yachts reserves the right to edit or remove any material submitted to this website, or stored on Specialty Yachts’ servers, or hosted or published upon this website.
Notwithstanding Specialty Yachts rights under these terms and conditions in relation to user content, Specialty Yachts does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website and all content are provided “as is” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including but not limited to, warranties as to uninterrupted or error free operation, availability, accuracy, completeness, correctness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
Without prejudice to the generality of the foregoing paragraph, Specialty Yachts specifically does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
LIMITATIONS OF LIABILITY
There is no guarantee that information on the internet relating to this website will be maintained confidential and secure. The use of this website and the content therein (the “Content”) is at your own risk and Specialty Yachts assumes no liability or responsibility pertaining to the Content, your use of this website or the receipt, storage, transmission or other use of your personal information.
This website may contain links to other websites. The Specialty Yachts does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such websites, and when you access such websites, you are doing so at your own risk. In providing links to other websites, Specialty Yachts is in no way acting as a publisher or disseminator of the material contained on those other websites and does not seek to monitor or control such websites. A link to another website should not be construed to mean that the Specialty Yachts is affiliated or associated with same. Specialty Yachts does not recommend or endorse any of the content, including without limitation any hyper-links to or content found, on other websites. The mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service.
Specialty Yachts will not be responsible for any damages you or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize Specialty Yachts to make, or for any errors or any changes made to any transmitted, stored or received information. You are solely responsible for the retrieval and use of the Content on this website. You should apply your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.
The Content on this website is not intended to be used as a substitute for professional advice. It is recommended that you obtain professional advice from a qualified insurance professional to meet your insurance needs. You should not act or rely on any of the Content without seeking such advice.
In no event will Specialty Yachts, its affiliates, agents, licensors, suppliers, or their respective directors, officers or employees be liable for any liability arising under any cause whatsoever (including without limitation breach of contract, tort, negligence, gross negligence, or otherwise), or for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to: damages for loss of use, lost profits or lost savings, even if Specialty Yachts or any of its lawful agents or employees have been advised of the possibility of such damages or claim.
In no event will Specialty Yachts, its affiliates, agents, licensors, suppliers, or their respective directors, officers or employees, be liable for damages or losses resulting from: viruses, data corruption, failed messages, transmission errors or problems; telecommunications service providers; links to third-party websites; the internet backbone; personal injury; third-party content, products or services; damages or losses caused by you, or your respective employees, agents or subcontractors; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use this website or the Content; any other website accessed to or from this website; or events beyond the reasonable control of Specialty Yachts, even if Specialty Yachts or any of its lawful agents, or employees have been advised of the possibility of such damages or claim.
Specialty Yachts assumes no obligation to update the Content on this website. The Content on this website may be changed without notice to you. Specialty Yachts disclaims any liability for unauthorized use or reproduction of any portion of this website.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Specialty Yachts has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Specialty Yachts’ officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Specialty Yachts’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Specialty Yachts.
You agree at all times to indemnify, defend and hold harmless Specialty Yachts, its agents, suppliers, affiliates and their respective directors, officers and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Specialty Yachts directly or indirectly in respect of:
- any information or other content you provide on or through this website or by e-mail or other correspondence; or
- your use or misuse of the Content or this website, including without limitation infringement claims.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to Specialty Yachts’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Specialty Yachts may take such action as Specialty Yachts deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Specialty Yachts reserves the right, in its sole and unfettered discretion, to amend this Agreement at any time by posting amendments on this website. You are responsible for periodically reviewing the amendments on this website and you are deemed to be aware of such amendments. Access to this website or use of this website after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on Specialty Yachts unless executed by Specialty Yachts in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Specialty Yachts may transfer, sub-contract or otherwise deal with Specialty Yachts’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
This Agreement is effective until terminated by Specialty Yachts, with or without cause, in Specialty Yachts’ sole and unfettered discretion. Specialty Yachts may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by Specialty Yachts shall be in addition to and without prejudice to such rights and remedies as may be available to Specialty Yachts, including injunctive and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, interpretation, your license to Specialty Yachts, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa.
These terms and conditions constitute the entire agreement between you and Specialty Yachts in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
GOVERNING LAW AND JURISDICTION
Specialty Yachts, this website and the Content (excluding linked websites or content) are physically located within the Province of British Columbia, Canada. This Agreement will be governed by the laws of the Province of British Columbia and the federal laws of Canada and shall be treated in all respects as a British Columbia contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree with Specialty Yachts to submit to the exclusive jurisdiction of the British Columbia courts. We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (B.C.) as amended, replaced or re-enacted from time to time. You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Specialty Yachts related to this website, the Content or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against Specialty Yachts.
© Specialty Yacht Sales Ltd., 2018, British Columbia.
You may contact Specialty Yachts by email at email@example.com and in writing at 102-1676 Duranleau Street, Granville Island, Vancouver, BC V6H 3S4.