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Terms of Use

Yacht Closer LLC (“Us,” “We,” or “Our”) provides the YachtCloser.com website, its contents, and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO AND A PART OF THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of August 22, 2012. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, employees, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

Description of Services

The Site provides a venue and mechanism for you to (i) sign listing agreements for the sale of vessels, (ii) manage listings, (iii) prepare and sign purchase and sale agreements for vessels, and (iv) manage the purchase and sale process for such vessels. As such, We are not involved in the actual transactions between buyers, sellers and/or brokers, have not control over the buyers, sellers and/or brokers, and does not guarantee in any manner that buyers will pay, brokers will perform, or that any transaction(s) will be completed.

We make various services available on this site including, but not limited to, simplified input of contract data, contract management, automated contract distribution, electronic signature, yacht brokerage listings, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

Limited Use of Site

Yacht Closer LLC grants you a limited license to access the Site solely to use and learn about the Site and related services. You may not modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the site or the services, or any information contained on, or obtained from, the site without the express written consent of Yacht Closer LLC. You acknowledge that you do not acquire any ownership rights by your permitted use of the Site. Any and all unauthorized uses of the site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not (a) use any automated means to access the site or collect any information from the site (including without limitation robots, spiders, or scripts), (b) use the site or the services in any manner that could damage, disable, overburden, or impair the site or the services or interfere with any other party’s use or enjoyment of the site or the services, or (c) frame the site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.

Use of the Site is limited to buyers, sellers and brokers that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not enter into transactions using the Site. Every buyer and seller who uses the Site hereby represents and warrants to Us that he or she is not a minor, is at least over the age of eighteen (18) and may not otherwise enter into and form binding contracts under applicable law.

Data and Privacy

In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you represent and warrant that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

By inputting data, providing information, posting messages, uploading files, content or materials to Us or engaging in any other form of communication (individually or collectively “Communications”) to or within the Site, you grant to Us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify edit, create derivative works, and otherwise exploit such Communications and any ideas or original materials contained in such Communications. If you are inputting data or providing information for or about a third party, you represent and warrant to Us that (i) to the best of your knowledge, such data is accurate; and (ii) you are duly authorized to provide or input such data or information.

Any messages, files, data, information, content, materials or other contributions of third parties (“Contributions”) to the Site do not necessarily represent Our view or opinions. We do not assume any responsibility for the consequences of Contributions on or any Communications. We do not represent or guarantee the truthfulness, accuracy or reliability of any Contributions posted by users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTRIBUTIONS POSTED ON THE SITE IS AT YOUR OWN RISK. You agree that We have the right, but not the responsibility, to monitor your Communications and Contributions to the Site at any time for any reason in Our sole discretion.

You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Us or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Us or any Affiliates other than pursuant to these terms and conditions of use. We shall not be responsible for the payment of any monies to any party in connection with Our use of Communications submitted by you to the Site.

You also grant Us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your Communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, Communications, software, images, sounds, data, or other information — that:

a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

f. impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, Communications, Contributions, or other affiliation with our site without prior notice to you for any reason in our sole discretion. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Legal Forms/Documents and No Legal Advice Disclaimer

You understand that your access to and use of any and all legal forms/documents (collectively “Forms”) on the Site constitutes neither legal advice nor the practice of law. You further understand that Yacht Closer LLC is not an attorney or law firm, and that neither Yacht Closer LLC nor its Affiliates are representing you in any capacity – legal or otherwise. If you require legal advice, please consult a licensed attorney in your area. Your use of Yacht Closer LLC services cannot replace the advice of an attorney or create an attorney-client relationship between you and Yacht Closer LLC or its Affiliates. Although Yacht Closer LLC makes reasonable efforts to ensure the accuracy of the legal forms/documents it provides, the law is constantly changing, and Yacht Closer LLC cannot guarantee the correctness, appropriateness or completeness of the legal information.

You are responsible to read and understand, and will be bound by, the terms and conditions of any Forms which you may prepare, sign or submit using the Site. You understand and agree that any Forms that you may prepare, sign or submit may be binding legal obligations depending on the content of any such Form. You understand that you may be legally bound should you submit or sign a form – even if you have done so by mistake. PLEASE USE EXTRA CAUTION AND CARE TO ENSURE THE ACCURACY AND VALIDITY OF ALL COMMUNICATIONS BEFORE YOU SIGN OR SUBMIT ANY FORMS.

Relationship to Documents and Transactions

Unless Yacht Closer LLC is named as a party, Yacht Closer LLC’s relationship to all documents and transactions completed using the service is that of a disinterested third party. Accordingly, Yacht Closer LLC disclaims any representations or warranties of any kind, including warranties of merchantability and fitness for a particular purpose, regarding the documents generated by the Site or transactions that pass through the service. You are responsible for recognizing the parties of interest in all transactions you complete using the service and assessing all associated risks.

Because We are not a party in any actual transaction entered into using the Site, and are not an agent of any party to any such transaction (unless expressly stated in any such Form), We do not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction. We have no control over, and do not guarantee, the quality, safety or legality of any items that may be purchased using the Site, the quality of services offered by any broker, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer, seller or broker will actually complete a transaction. No statement by any seller or broker regarding condition, kind, value or quality of an item shall be construed to be an expressed or implied warranty, representation or assumption of liability by Us. It is Our policy to allow sellers, buyers and brokers the opportunity to settle differences directly.

Electronic Signatures and Consent to Receive Electronic Disclosures

We offer the ability to fill out and sign various forms using the Site. These disclosures will help you decide whether you’d like to continue with our electronic process or not. Please read this carefully. By agreeing to these Terms of Use or clicking the ‘CONFIRM AND SIGN’ button you agree to use electronic communications, electronic records and electronic signatures rather than using paper documents for the forms provided on this Site. If you prefer to use paper forms, you can click on the print icon located on the screen of any form or you can contact Yacht Closer LLC at 800-669-2572 or via email at Legal@YachtCloser.com.

1. In order to electronically sign using this web site, your computer requires a typical web-browser that accepts cookies. Most current browsers work fine.

2. You may print a copy of any form using your own printer. A legal copy of the signed form will be sent to you if requested. No fee will be charged by Yachtcloser to mail the requested form to you by first-class US Mail.

3. This disclosure covers all electronic communications arising out of the relationship between Us and you, and is not limited to cover this transaction alone.

4. By using this Site, you agree to use an electronic signature in lieu of a paper-based signature. You understand that electronic signatures, just like your signing a piece of paper, are legally binding in the United States and in other countries. You further agree not to electronically sign any form without first reading it and ensuring you have accurately filled out the form to the best of your knowledge, thus demonstrating that you are able to access the electronic information used by our system.

5. You are not required to sign electronically if you prefer not to do so.

6. To withdraw your consent (now or in the future) to use electronic transactions, please contact Us at 800-669-2572 or via email at Legal@YachtCloser.com. If you withdraw your consent, it will not affect the legal standing of any signed forms you may have already submitted previously. There are no fees if you elect to withdraw your consent. Please also contact Us using the above information if you should change the email address you provided to Us.

Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

Intellectual Property Rights

You acknowledge and agree that Yacht Closer LLC owns all right, title and interest in the Service and the web site, including, without limitation, all intellectual property rights. You acknowledge and agree that the Service and the website contain proprietary and confidential information and trade secrets including, but not limited to text, graphics, logos, images, software, and icons, that are protected by U.S. and international intellectual property laws and applicable laws.

Copyright

All site services and materials, including, without limitation, text, graphics and other files, and the arrangement thereof, are copyrighted and Yacht Closer LLC reserves all rights associated with such copyrights. This site itself is protected by copyright as a collective work or compilation under U.S. copyright and other laws. The names, trademarks, service marks and logos appearing on this site may not be used in any advertising or publicity, or otherwise to indicate Yacht Closer LLC’s sponsorship of or affiliation with any product, service, event or organization without Yacht Closer LLC’s prior express written permission. You may electronically copy and print to hard copy any portion of this site for the sole purpose of using the materials it contains for non-commercial use. Any other use of the materials on this web site, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication or display, without the express written permission of Yacht Closer LLC is strictly prohibited. Yacht Closer LLC acknowledges the names, trademarks, service marks and logos of other organizations for their respective products or services mentioned on this site.

Any rights not expressly granted herein are reserved by Yacht Closer LLC. Copyright © 2012 Yacht Closer LLC, 2401 PGA Blvd, Suite 196-28, Palm Beach Gardens, FL 33410. All rights reserved.

Unauthorized Use of Materials

Subject to our Privacy Policy, any Communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. You grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such Communications or material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

7. Sign the paper.

8. Send the written communication to the following address:

Designated Agent for Claimed Infringement:

Contact: Claims Department

Address: 2401 PGA Blvd Suite 196-28, Palm Beach Gardens, FL 33410

Phone: 800-669-2572

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Disclaimer of Warranties

THIS SITE, INCLUDING WITHOUT LIMITATION ALL MATERIALS AND SERVICES IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” BASIS 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, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR OUR AFFILIATES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YACHT CLOSER LLC, OR THROUGH OR FROM THE YACHT CLOSER LLC WEB SITE OR SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Yacht Closer LLC spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

BECAUSE YACHT CLOSER LLC IS NOT THE SELLER, BUYER, OR BROKER IN TRANSACTIONS BETWEEN AND AMONG BUYERS, SELLERS OR BROKERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, YOU RELEASE YACHT CLOSER LLC AND ITS AFFILIATES FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKONWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY “CLAIMS”) ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WITHOUT IN ANY WAY LIMITING THE FOREGOING, YOU FURTHER RELEASE YACHT CLOSER LLC AND ITS AFFILIATES FROM ANY CLAIMS ARISING IN CONNECTION WITH ANY AND ALL TECHNICAL ISSUES THAT MAY OCCUR WITH THE SITE, INCLUDING, WITHOUT LIMIT, TECHNICAL ISSUES THAT (I) RESULT FROM THE NEGLIGENCE OF YACHT CLOSER LLC OR ITS AFFILIATES, (II) RESULT IN THE LOSS OF YOUR DATA, COMMUNICATIONS OR CONTRIBUTIONS, OR (III) RESULT IN THE TRANSMISSION OF A FORM THAT MAY BE COMPLETE OR INCORRECT.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD YACHT CLOSER LLC AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CLAIM RELATING TO ANY VESSEL OR SERVICES OFFERED FOR SALE OR HIRE OR SOLD BY YOU ON THE SITE); (B) YOUR BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF ANY GUIDELINES AND/OR POLICIES INCORPORATED BY REFERENCE HEREIN); (C) YOUR VIOLATION OF ANY STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (D) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS.

Severability and Waiver

If a court of competent jurisdiction declares any term or provision in this Terms of Use agreement invalid or unenforceable, you and Yacht Closer LLC nevertheless agree that the court should construe that term or provision consistent with applicable law as nearly as possible to reflect the parties’ original intentions, and that the remaining terms and provisions remain in full force and effect. Failure by Yacht Closer LLC to exercise or enforce any provision of this agreement shall not constitute a waiver of any such provision.

Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

E-mail, Messaging, Blogging, and Chat Services

We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.

We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy. We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the State of Florida, United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Governing Law

This Site (excluding any linked sites) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this site both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof or the United Nations Convention on the International Sales of Goods, will exclusively apply to all matters relating to the use of this site and the purchase of products and services available through this site. In the event of any litigation in any way arising out of the Site, all parties hereby consent to personal jurisdiction and venue in Orange County, Florida,

Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of the Claims Department at Legal@YachtCloser.com, if by email, or at Yacht Closer LLC, 2401 PGA Blvd Suite 196-28, Palm Beach Gardens, FL 33410, if by certified mail, in each case with proof of delivery retained. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter.

Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Contact Information Except as explicitly noted on this site, the services available through this site are offered by Yacht Closer LLC, located at 2401 PGA Blvd Suite 196-28, Palm Beach Gardens, FL 33410. Our telephone number is 800-669-2572. If you notice that any user is violating these Terms of Use, please contact us at Legal@YachtCloser.com

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