Please read and agree to the following user agreement. Agreement is required to be a user of BoaterTalk.
The BoaterTalk Message Board Services ("Message Board Services") is an Internet service owned and operated by BoaterTalk and its chief administrator, Eric Princen (collectively, the "Owner"). The Message Board Services are conditioned on acceptance of, and provided subject to compliance with, the terms and conditions of this user agreement ("User Agreement").
Please read this User Agreement carefully before accessing or using the Message Board Services. By accessing or using the Message Board Services, you agree to be bound by the terms and conditions set forth below, as if you had actually signed them.
If you do not agree to the terms and conditions set forth below, you are not authorized to use, and may not use, the Message Board Services. Any unauthorized use or use of the Message Board Services not in accordance with the terms of the User Agreement is unlawful.
If you agree to be bound by the terms and conditions set forth below, click on the "Yes" below. You acknowledge and agree that this User Agreement is a legally binding contract between you and BoaterTalk. BoaterTalk may modify the terms and conditions in this User Agreement at any time as described below without giving you express notice. You agree to review the User Agreement often to familiarize yourself with such modifications.
By completing the registration process, you become an authorized user of the Message Board Services (a "User").
You are solely responsible for any messages you post, and you agree to indemnify the Owner of BoaterTalk against any claim made as a result of the posting of your message or messages. The Owner of BoaterTalk is not responsible for any direct or indirect, consequential or other loss, damage, or other liabilities caused by messages you post to BoaterTalk, or by the forum software itself. The Owner of BoaterTalk reserves the right to reveal your identity or other information you supply if any legal action occurs as a result of any message you post to BoaterTalk or otherwise, at its discretion, when necessary.
You agree not to use BoaterTalk to post messages which you know or have reason to believe to be false or inaccurate, libelous, or which violate any law or which would cause injury to any person. You agree that you will not post messages which are abusive, defamatory, obscene, vulgar, threatening, of a sexual nature or that invade a person's privacy in any way. You will not post any copyrighted material unless you own the copyright or have the permission of the copyright owner. You will not post 'spam', any form of advertising, chain letters or solicitations to BoaterTalk. We reserve the right, and you authorize BoaterTalk to remove you from BoaterTalk at any time.
The Owner of BoaterTalk does not verify, edit, monitor or guarantee the accuracy of any messages posted to BoaterTalk. All messages are the opinion of the message authors, not of the Owner of BoaterTalk.
(2) User Conduct
User agrees not to use the Message Board Services or this Web site to:
(a) Violate any local, state, national or international law; (b) Stalk, harass, or harm another individual; (c) Impersonate any person, or otherwise misrepresent User's identity; (d) Interfere with, disrupt or violate the terms and conditions and operating rules of the Message Board Services or servers or networks connected to the Message Board Services, or disobey any require_oncements, procedures, policies, or regulations of such networks; (e) Interfere with another User's use, or BoaterTalk's provision, of the Message Board Services; (f) Attempt to gain unauthorized access to the Message Board Services, or to other accounts, computer systems, or networks connected to the Message Board Services; (g) Transmit any 'Spam' or any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features or disabling routines; (h) Use the Message Board Services to conduct any activity or solicit the performance of any illegal activity or other activity that infringes or violates the rights of others; (i) Conduct any mean-spirited or deliberate attacks intended to or that necessarily will result in doing damage to BoaterTalk, or any person or business; or (j) Resell or otherwise generate income by commercializing or otherwise providing access to the Message Board Services to others.
The Message Board Services are eligible to Users, which may constitute individuals, corporations, or other business entities. The Message Board Services are limited to one individual per User account. To be a registered user, one must supply BoaterTalk with a valid e-mail address. Accounts without a valid e-mail address are considered to be stale accounts and may be shut down without warning. The Message Board Services are limited to one individual, corporation, or other business entity per account. Automated services, scripts, or other machines are not eligible unless it is explicitly agreed to by BoaterTalk.
(4) Proprietary Rights to Content
User agrees that title, ownership rights, and other intellectual property and proprietary rights in the Message Board Services shall remain in BoaterTalk and/or its licensors and suppliers. User acknowledges that the content of this Web site and the Message Board Services - including but not limited to text, sound, photographs, graphics, layout, format, design, software or other items contained in either BoaterTalk, Sponsor or Advertiser advertisements, offers, electronic mail communications, services or software (collectively, the "Content") - are protected by BoaterTalk and/or its licensors and suppliers under United States and international laws, are subject to other intellectual property and proprietary rights and laws, and are owned by BoaterTalk or its licensors and suppliers. Such Content may not be copied, modified, reproduced, republished, displayed, linked, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of BoaterTalk and its applicable licensors or suppliers. User agrees to abide by all copyright notices, information, or restrictions contained in or attached to any such Content. User may use BoaterTalk's, Sponsor's or Advertiser's Content and Message Board Services or Web site only as expressly authorized by BoaterTalk, the Sponsor or the Advertiser.
This User Agreement commences upon User's completion of the registration process. This User Agreement, and your account, may be terminated as follows:
By User. User may terminate registration in the Message Board Services with or without cause at any time. User's termination of the Message Board Services is effective upon User terminating his/her activity on this Web site.
By BoaterTalk. BoaterTalk may terminate this User Agreement, User's password, account or use of the Services, and remove and discard any User content in its sole discretion, effective immediately and without prior notice, for any reason, including, without limitation, if BoaterTalk believes that User has violated or acted inconsistently with the letter or spirit of this User Agreement. Further, any User who disregards the rules found within this User Agreement and refuses to leave BoaterTalk when removed runs the risk of having BoaterTalk contact their ISP and informing such ISP of the abuse. Any actions taken by any ISP or any third party are not the responsibility of BoaterTalk.
Effect of Termination. Upon termination by either User or BoaterTalk:
BoaterTalk may immediately deactivate or delete User's account and all related information and files and/or bar any further access to such files or the Message Board Services. User's right to use the Message Board Services ceases immediately upon termination either by User or BoaterTalk. Should User object to any of the terms or conditions of this User Agreement or any subsequent modifications thereto or become dissatisfied with the Message Board Services, User's only recourse and sole and exclusive remedy is to immediately discontinue use of the Message Board Services, and promptly terminate registration in the Message Board Services (see item (5) above). User agrees that BoaterTalk shall not be liable to User or to any third party in any manner whatsoever for any termination of User's account or User's access to the Services either by the User or by BoaterTalk under this Section (5).
(6) Modifications to Terms & Conditions
BoaterTalk reserves the right in its sole discretion to modify this User Agreement at any time without prior notice. User acknowledges and agrees that it is a User's responsibility to review the terms of this User Agreement from time to time and stay familiar with it. While BoaterTalk reserving this right of unilateral change without notice, BoaterTalk will nonetheless, on a voluntary and as available basis, attempt to notify User of such changes via e-mail and/or by posting such changes on the Web site. If User objects to any changes, User's sole recourse shall be to cease using the Message Board Services and terminate User's use of the Web site. User's continuing use of the Message Board Services constitutes conclusive evidence of User's acknowledgement of any modification to this User Agreement and User's agreement to be bound by such change(s). Any new or additional features of the Message Board Services shall be subject to this User Agreement.
(7) Disclaimer of Warranties
MESSAGE BOARD SERVICES AND THE BoaterTalk WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF MESSAGE BOARD SERVICES AND THE BoaterTalk WEB SITE IS AT YOUR SOLE RISK. BoaterTalk DOES NOT WARRANT THAT MESSAGE BOARD SERVICES AND THE BoaterTalk WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES BoaterTalk MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF MESSAGE BOARD SERVICES AND THE BoaterTalk WEB SITE. BoaterTalk MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO MESSAGE BOARD SERVICES AND THE BoaterTalk WEB SITE. THE MATERIALS ON THIS SITE ARE PROVIDED AS GENERAL INFORMATION ONLY - AND ARE NOT PROMISED OR GUARANTEED IN ANY WAY. BoaterTalk DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE MATERIALS ARE COMPLETE, ACCURATE OR UP-TO-DATE. NOR IS BoaterTalk RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT MAY BE ACCESSED THROUGH THIS SITE, AND REFERENCE TO THIRD PARTY INFORMATION, PRODUCTS OR SERVICES AT THIS OR ANY LINKED SITE DOES NOT CONSTITUTE AN EXPRESS OR IMPLIED WARRANTY OR ENDORSEMENT BY BoaterTalk.
BoaterTalk cannot and shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by Sponsors, Advertisers, manufacturers of merchandise or suppliers of services.
No advice or information, whether oral or written, obtained by a User from BoaterTalk or via the Message Board Services shall create any warranty not expressly made herein.
(8) Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BoaterTalk BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE WEB SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE WEB SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE WEB SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEB SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EVEN IF BoaterTalk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE. IN NO EVENT SHALL BoaterTalk's TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EXCEED THE TOTAL AGGREGATE AMOUNT OF $10.00. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE WEB SITE.
User understands that all goods and services offered through the Message Board Services are offered by third parties, and that BoaterTalk does not operate, control or endorse any information, goods or services in any way. User understands that sponsors and advertisers may place restrictions on the use of goods and services offered through the Message Board Services.
Neither BoaterTalk nor its operators, administrators, or other third-party providers shall be held liable for any damages or losses, whether direct, indirect, incidental, special, consequential or exemplary damages resulting from: (a) The use or inability to use the Message Board Services; (b) The cost of procurement of substitute goods or services; (c) Any transaction entered into or through the Message Board Services (which includes "Gear Swap"); (d) The reliance on or use of any information, goods, services or merchandise provided on the Message Board Services (which includes "Reviews"); (e) Unauthorized access to or alteration of User's transmissions or data; (f) Statements or conduct of any third party; (g) Any claim attributable to errors, omissions or other inaccuracies in the Message Board Services and/or Materials or information retrieved through the Message Board Services; or (h) Any other matter relating to the Message Board Services or this User Agreement.
The above limitation is applicable even if BoaterTalk or its authorized representatives have been advised of (or know or should know of) the possibility of such damages. Because some jurisdictions do not a llow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations and disclaimers may not apply to User. User's rights vary from jurisdiction to jurisdiction. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.
User acknowledges and agrees that BoaterTalk neither endorses the contents of any electronic mail or Internet communications nor shall be held responsible or liable for: (a) The accuracy of material contained in electronic mail, Internet, or other communications; (b) Any infringement of third-party intellectual property rights or other torts or claims of personal or other injury of any kind arising from the electronic mail, Internet, or other communications; or (c) Any fraud or other crime facilitated by the electronic mail, Internet, or other communications.
User agrees that BoaterTalk is not liable to User or to any third party for any modification, suspension or discontinuance of any part or all of the Message Board Services, including changes or discontinuances of service from particular providers to the Message Board Services.
(9) Your Account and Password
You are responsible for maintaining the confidentiality of your user name and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify BoaterTalk of any unauthorized use of your account. You may cancel your account and terminate this User Agreement at any time by emailing firstname.lastname@example.org.
The User Agreement shall be governed by and construed according to the laws of the State of Colorado as applied to agreements made, entered into and performed entirely in Colorado by Colorado residents, notwithstanding the actual residence of the parties.
The User Agreement constitutes the complete, final and exclusive understanding between BoaterTalk and User relating to the subject matter hereof and governs User's use of the Message Board Services, superseding all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
User may be subject to additional terms and conditions that may apply when User obtains or uses third-party content, third-party software or goods and services provided by or through Sponsors, Advertisers or other third-party partners of BoaterTalk.
BoaterTalk and User agree that all lawsuits or proceedings arising out of this User Agreement or
out of User's use of the Message Board Services shall be brought in the State or Federal Courts located
in Denver, Colorado, and the parties hereby irrevocably submit to the exclusive personal jurisdiction of
such courts for such purpose. If any provision(s) of the User Agreement is (are) held by a court of
competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the parties, and all other provisions shall remain in full force and effect.
BoaterTalk's failure to exercise or enforce any right or provision of this User Agreement shall not
constitute a waiver of such right or provision unless acknowledged and agreed to by BoaterTalk in
writing. User agrees that notwithstanding any statute or law to the contrary, any claim or cause of
action arising out of or related to the use of the Services or this User Agreement must be filed within
one (1) year after the claim or cause of action arose or be forever barred.
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this User Agreement. BoaterTalk may assign its rights and delegate its duties under this User Agreement to any party at any time without notice to User. User acknowledges and agrees that neither this User Agreement, nor any of the User's rights or obligations, may be assigned without the prior agreement of BoaterTalk.
All headings in this User Agreement are for convenience only and have no legal effect. Any dispute arising under or in respect of this Agreement shall be resolved through binding arbitration in Denver, Colorado, in front or a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
The provision by BoaterTalk of a link to any other Web site or Internet location is for User's convenience only and does not signify BoaterTalk's endorsement of such other site or location or its contents. BoaterTalk shall not be liable for any information, software or links found at any other Web site, Internet location or source of information, or for User's use of such information, software or links.
(12) No Resale
User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this Web site, the Message Board Services, use of the Message Board Services, or access to the Message Board Services. The Message Board Services is provided for User's personal, noncommercial use only.
User agrees to indemnify, hold harmless, and defend Owner, BoaterTalk and its administrators, officers, directors, employees, agents, licensors, suppliers, co-branders, third-party providers or other partners, from and against any and all claims, losses, costs (including court costs), fees (including attorney's fees), damages and expenses that such parties may incur as a result of, due to, or arising out of the violation by User (or anyone acting under User's account or password) of this User Agreement or the use or misuse of the Message Board Services by User (or anyone acting under User's account or password) including any data or work transmitted or received by User, or the violation of any rights of another by User (or anyone acting under User's account or password) including, without limitation, any unacceptable use of the Web site, and any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable at Sections 1 and 2.
(14) Use and Storage
User acknowledges that Owner may establish and may change from time to time and at any time general practices and limits concerning use of the Message Board Services, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the Message Board Services, the maximum disk space that will be allotted on BoaterTalk's servers on User's behalf, and the maximum number of times (and the maximum duration for which) User may access the Message Board Services in a given period of time. User acknowledges that Owner reserves the right to terminate accounts that are inactive for an extended period of time, as determined by BoaterTalk in its sole discretion. User further acknowledges that BoaterTalk reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice. User agrees that BoaterTalk has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through the Message Board Services.