TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS
Boatsandquota.com provides a collection of online resources, including classified ads, responses, reminders & updates (referred to hereafter as "the Service") subject to the following terms and conditions ("Terms"). By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular ClickIndia services, you agree to abide by any applicable posted guidelines for all ClickIndia services, which may change from time to time.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms at: http://www.Boatsandquota.com/terms-of-use.html
3. CONTENT
You understand that all postings, ads, messages, text, files, images, photos or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Boatsandquota.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Boatsandquota.com site and Content available through the Service may contain links to other websites, which are completely independent of Boatsandquota.com.
Boatsandquota.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Boatsandquota.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. - By having your mobile number listed on Boatsandquota.com, you agree to receive SMS from users who may wish to contact you through the site.
You acknowledge that Boatsandquota.com does not always pre-screen or approve Content (unless specified), but that Boatsandquota.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Boatsandquota.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Boatsandquota.com.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline communication/transaction with any of these third parties.
You agree that Boatsandquota.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Boatsandquota.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ClickIndia, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us.
6. PRIVACY AND INFORMATION DISCLOSURE
Boatsandquota.com has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:
http://www.Boatsandquota.com/privacy-policy.html
Your use of the Boatsandquota.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Boatsandquota.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Boatsandquota.com, its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic in nature
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a ClickIndia employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Boatsandquota.com sites which are not designated for such purposes; or emailed to Boatsandquota.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
j) that includes links to commercial services or web sites, except as allowed in "services";
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Indian law.
l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
o) contact anyone who has asked not to be contacted;
p) "stalk" or otherwise harass anyone;
q) collect personal data about other users for commercial or unlawful purposes;
r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Boatsandquota.com;
s) 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;
t) attempt to gain unauthorized access to Boatsandquota.com computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Boatsandquota.com website; or
u) use any form of automated device or computer program that enables the submission of postings on Boatsandquota.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to ClickIndia email addresses or through Boatsandquota.com computer systems, which is expressly prohibited by these Terms, will use or cause to be used Boatsandquota.com server. Any unauthorized use of Boatsandquota.com computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. LIMITATIONS ON SERVICE
You acknowledge that Boatsandquota.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Boatsandquota.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Boatsandquota.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Boatsandquota.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. TERMINATION OF SERVICE
You agree that Boatsandquota.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Boatsandquota.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Boatsandquota.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE Boatsandquota.com AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Boatsandquota.com SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Boatsandquota.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Boatsandquota.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Boatsandquota.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Boatsandquota.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Boatsandquota.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Boatsandquota.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Boatsandquota.com SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
14. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Boatsandquota.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Boatsandquota.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE CLICKINDIABoatsandquota.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Boatsandquota.com SITE OR THE SERVICE, FROM INABILITY TO USE THE Boatsandquota.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Boatsandquota.com SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Boatsandquota.com SITE OR THE SERVICE OR ANY LINKS ON THE Boatsandquota.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Boatsandquota.com SITE OR THE SERVICE OR ANY LINKS ON THE Boatsandquota.com SITE. 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 limitation may not apply to you.
15. INDEMNITY
You agree to indemnify and hold Boatsandquota.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
16. GENERAL INFORMATION
The Terms constitute the entire agreement between you and Boatsandquota.com and govern your use of the Service, superceding any prior agreements between you and Boatsandquota.com. The Terms and the relationship between you and Boatsandquota.com shall be governed by the country name laws without regard to its conflict of law provisions. You and Boatsandquota.com agree to submit to the personal and exclusive jurisdiction of the courts located within country name. The failure of Boatsandquota.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to info [at] Boatsandquota.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Boatsandquota.com to pursue legal action to enforce these Terms, you will be liable to pay Boatsandquota.com the following amounts as liquidated damages, which you accept as reasonable estimates of Boatsandquota.com damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Boatsandquota.com ($ .....) for each such message.
This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
b. If Boatsandquota.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Boatsandquota.com($ .....) for each message posted in excess of such limits or for each day on which you access Boatsandquota.com in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Boatsandquota.com email addresses or through Boatsandquota.com computer systems, you agree to pay Boatsandquota.com($ .......) for each such email.
d. If you post messages in violation of these Terms of Use, other than as described above, you agree to pay Boatsandquota.com ($.... ) for each such message. In its sole discretion, Boatsandquota.com may elect to issue a warning before assessing damages.
e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Boatsandquota.com express written permission, you agree to pay Boatsandquota.com ($ .....) for each day on which you engage in such conduct.
Otherwise, you agree to pay Boatsandquota.com actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Boatsandquota.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
Boatsandquota.com provides a collection of online resources, including classified ads, responses, reminders & updates (referred to hereafter as "the Service") subject to the following terms and conditions ("Terms"). By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular ClickIndia services, you agree to abide by any applicable posted guidelines for all ClickIndia services, which may change from time to time.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms at: http://www.Boatsandquota.com/terms-of-use.html
3. CONTENT
You understand that all postings, ads, messages, text, files, images, photos or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Boatsandquota.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Boatsandquota.com site and Content available through the Service may contain links to other websites, which are completely independent of Boatsandquota.com.
Boatsandquota.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Boatsandquota.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. - By having your mobile number listed on Boatsandquota.com, you agree to receive SMS from users who may wish to contact you through the site.
You acknowledge that Boatsandquota.com does not always pre-screen or approve Content (unless specified), but that Boatsandquota.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Boatsandquota.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Boatsandquota.com.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline communication/transaction with any of these third parties.
You agree that Boatsandquota.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Boatsandquota.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ClickIndia, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us.
6. PRIVACY AND INFORMATION DISCLOSURE
Boatsandquota.com has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:
http://www.Boatsandquota.com/privacy-policy.html
Your use of the Boatsandquota.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Boatsandquota.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Boatsandquota.com, its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic in nature
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a ClickIndia employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Boatsandquota.com sites which are not designated for such purposes; or emailed to Boatsandquota.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
j) that includes links to commercial services or web sites, except as allowed in "services";
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Indian law.
l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
o) contact anyone who has asked not to be contacted;
p) "stalk" or otherwise harass anyone;
q) collect personal data about other users for commercial or unlawful purposes;
r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Boatsandquota.com;
s) 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;
t) attempt to gain unauthorized access to Boatsandquota.com computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Boatsandquota.com website; or
u) use any form of automated device or computer program that enables the submission of postings on Boatsandquota.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to ClickIndia email addresses or through Boatsandquota.com computer systems, which is expressly prohibited by these Terms, will use or cause to be used Boatsandquota.com server. Any unauthorized use of Boatsandquota.com computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. LIMITATIONS ON SERVICE
You acknowledge that Boatsandquota.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Boatsandquota.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Boatsandquota.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Boatsandquota.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. TERMINATION OF SERVICE
You agree that Boatsandquota.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Boatsandquota.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Boatsandquota.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE Boatsandquota.com AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Boatsandquota.com SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Boatsandquota.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Boatsandquota.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Boatsandquota.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Boatsandquota.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Boatsandquota.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Boatsandquota.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Boatsandquota.com SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
14. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Boatsandquota.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Boatsandquota.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE CLICKINDIABoatsandquota.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Boatsandquota.com SITE OR THE SERVICE, FROM INABILITY TO USE THE Boatsandquota.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Boatsandquota.com SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Boatsandquota.com SITE OR THE SERVICE OR ANY LINKS ON THE Boatsandquota.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Boatsandquota.com SITE OR THE SERVICE OR ANY LINKS ON THE Boatsandquota.com SITE. 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 limitation may not apply to you.
15. INDEMNITY
You agree to indemnify and hold Boatsandquota.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
16. GENERAL INFORMATION
The Terms constitute the entire agreement between you and Boatsandquota.com and govern your use of the Service, superceding any prior agreements between you and Boatsandquota.com. The Terms and the relationship between you and Boatsandquota.com shall be governed by the country name laws without regard to its conflict of law provisions. You and Boatsandquota.com agree to submit to the personal and exclusive jurisdiction of the courts located within country name. The failure of Boatsandquota.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to info [at] Boatsandquota.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Boatsandquota.com to pursue legal action to enforce these Terms, you will be liable to pay Boatsandquota.com the following amounts as liquidated damages, which you accept as reasonable estimates of Boatsandquota.com damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Boatsandquota.com ($ .....) for each such message.
This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
b. If Boatsandquota.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Boatsandquota.com($ .....) for each message posted in excess of such limits or for each day on which you access Boatsandquota.com in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Boatsandquota.com email addresses or through Boatsandquota.com computer systems, you agree to pay Boatsandquota.com($ .......) for each such email.
d. If you post messages in violation of these Terms of Use, other than as described above, you agree to pay Boatsandquota.com ($.... ) for each such message. In its sole discretion, Boatsandquota.com may elect to issue a warning before assessing damages.
e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Boatsandquota.com express written permission, you agree to pay Boatsandquota.com ($ .....) for each day on which you engage in such conduct.
Otherwise, you agree to pay Boatsandquota.com actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Boatsandquota.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.