Term of Use
IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site"). BY ACCESSING OR USING THE SITE, YOU AGREE YOU HAVE READ, UNDERSTAND AND WILL COMPLY WITH THESE TERMS AND CONDITIONS AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT VISIT OR USE THIS SITE. IN CONSIDERATION FOR CATAMARANS.COM PROVIDING YOU ACCESS TO THE SITE AND OUR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW ("TERMS").
Catamaran Sales, Inc., its affiliates or subsidiaries, d/b/a The Catamaran Group and operating under other fictitious names maintains the Site ("Catamarans.com"). Catamarans.com reserves the right to revise the Terms at any time, in its sole discretion. You are responsible for familiarizing yourself and keeping up with the Terms from time-to-time so you may review any changes. Your continued use is your continuing agreement to abide by the Terms in effect at the time of your use or visit to the Site. If you do not agree to these Terms, please leave and do not use the Site.
Catamarans.com may in its sole discretion, without notice and at any time, terminate access to or use of the Site or any component or section of the Site.
You are not authorized to copy, distribute, modify, reproduce, republish, alter or transmit the Site for commercial use, nor are you authorized to create a derivative work or offer the Site for public display in any form or by any means, except as may be otherwise permitted by these Terms. The Site does not grant a license or right, expressly, impliedly or otherwise, to use, possess, infringe or own Catamarans.com's intellectual property or any third party's intellectual property rights other than as set forth in these Terms. Catamarans.com will defend and enforce its rights to all its intellectual property at law and in equity, and will seek all available equitable and legal remedies including, but not limited to injunctive relief, damages, costs, expenses, expert witness fees, and attorney's fees.
The Site is designed to provide you with the best possible customer experience and most accurate and updated information. Despite our best efforts, however, inaccurate information may occasionally occur and be posted on the Site. Catamarans.com cannot guarantee the accuracy or completeness of the Content. Your use or reliance on the Site’s Content or information, therefore, is at your own risk and you are solely responsible for investigating the veracity, accuracy and completeness of such information. The Content on the Site is provided as a convenience to you and its inclusion does not imply in any way that Catamarans.com endorses such information. Catamarans.com reserves the right correct any inaccuracy on the Site, including pricing errors or an incorrect statement of a catamaran’s or other yacht’s accessories or features.
Additionally, images or photographs found on the Site may be the actual catamaran or yacht, but the general appearance and colors may vary depending on your monitor settings. Likewise, from time-to-time only stock images a catamaran or yacht is available. For these reasons, if you are interested in a particular catamaran or yacht please confirm the accuracy of the Site’s contents in advance when you schedule an appointment to view the boat or before you visit a particular location.
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, names, trademarks, service marks and trade names, trade dress, domain names and logos, URL and all intellectual property rights in and to such items ("Content") constitute the sole and exclusive property of Catamarans.com or its subsidiaries, affiliates, licensors or Content providers. All right, title and interest in and to the Site and Content, including without limitation the organization, compilation, coordination, selection, order or arrangement of any of the Content is, and remains, Catamarans.com’s property or is used with written permission -- and is or may be protected by copyright and trademark laws or treaties of the United States or other countries.
You are only granted a limited personal, non-exclusive, non-assignable, non-transferable and revocable license to use the Content for non-commercial and personal, informational purposes only. This limited license allows you to view, print, and use the Content on the Site for your personal use provided, in Catamarans.com's sole discretion, that such use: (a) does not interfere with, damage or exploit Catamarans.com's business; (b) does not overburden or impose a disproportionately large demand on Catamarans.com's infrastructure; (c) is not used in connection with or for the benefit of any commercial enterprise or competing business, including without limitation for profit and not-for-profit listing services; (d) does not constitute an unauthorized use or practice in violation of these Terms; (e) does not remove, alter or obscure any copyright or trademark notice, name, mark, logo, URL, or Content, including without limitation company names, contact information, marks, logos or URLs, and does not frame any Content; and (f) does not violate applicable laws or regulations. Catamarans.com reserves any rights not expressly granted herein.
The following acts are additionally prohibited absent Catamarans.com’s prior written approval: copying the Site or Content or any portion, variation or derivative thereof; reproducing, modifying, creating a derivative work, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party Web site); or disassembling, decompiling, reverse engineering or otherwise "hacking" or modifying the Content.
No Representations or Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER CATAMARANS.COM NOR ITS PARENTS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITE.
THE SITE, ALL CONTENT AND INFORMATION IS PROVIDED "AS IS," "AS AVAILABLE", AND ON A SUBJECT TO ALL FAULTS BASIS WITHOUT WARRANTIES OF ANY KIND. WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. THE SITE MAY INCLUDE INACCURACIES, OUTDATED INFORMATION, DEFECTS, OMISSIONS AND/OR OTHER ERRORS. CATAMARANS.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, AVAILABILITY, SUFFICIENCY, COMPLETENESS, CORRECTNESS, VERACITY, OR VALUE OF THE SITE, CONTENT, MATERIALS, VISITOR MATERIALS OR OTHER INFORMATION DISPLAYED OR MADE AVAILABLE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CATAMARANS.COM, OR ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. YOU HEREBY ACKNOWLEDGE THAT CATAMARANS.COM IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU RELEASE CATAMARANS.COM FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.
Catamarans.com reserves the right to modify the information displayed on the Site but assumes no obligation to modify or update such information. Any Content or other material downloaded or otherwise obtained through the use of the Site is done at your discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Users of the Site cannot and should not rely on statements or opinions that may be expressed on the Site when making a purchase, financial, personal or other decision.
Materials You Provide; Limited License
Although you may retain ownership of original text including compiled factual summaries, photos and other works you may post or provide to Catamarans.com ("Materials"), in so doing you grant to and confer on Catamarans.com an irrevocable and perpetual ownership license in and to the Materials. In addition, once you post Materials to the Site, the Materials become part of the Site and Content and so are protectable by Catamarans.com as set forth above. If user information is requested during your use of the Site, you agree to provide accurate and complete user information to Catamarans.com.
All information, data, text or other materials, including without limitation Materials you post, for example, information on the "Trade my Asset" listing and information page or information or comments appearing in any discussion fora, blogs, listings, or other interactive areas ("Interactive Areas"), is the sole responsibility of the person posting the Materials. Catamarans.com does not control Materials posted in the Interactive Areas and cannot and does not guarantee the accuracy or quality materials or information. Information posted in the Interactive Areas is not confidential and Catamarans.com may freely use or reproduce such information or materials. Catamarans.com cannot and will not monitor all of the postings in the Interactive Areas, but reserves the right (with no obligation) to delete, move or edit any postings that come to its attention that it considers unacceptable or inappropriate, for whatever reason.
BY POSTING, UPLOADING OR TRANSMITTING INFORMATION OR CONTENT TO THE SITE, YOU WARRANT AND REPRESENT THAT YOU OWN OR OTHERWISE CONTROL ALL RIGHTS IN AND TO SUCH CONTENT. CATAMARANS.COM HAS NO LIABILITY OR RESPONSIBILITY TO VISITORS OR ANY OTHER PERSON OR ENTITY ARISING OUT OF THE USE OF OR RELIANCE ON SUCH MATERIALS OR INFORMATION IN THE INTERACTIVE AREAS, INCLUDING, BUT NOT LIMITED TO LIABILITY FOR, ANY ERROR, OMISSION, INACCURACY, OR MISSTATEMENT IN ANY SUCH MATERIAL OR INFORMATION.
Users of the Site, including you, are prohibited from copying, accessing or distributing any Content, including catamaran, motor yacht or other boat listing and other Materials, using any program, tool, application, protocol or device to make automated copies of any Content. You agree that neither you nor your agents will use any "robot," "spider," "rover," "scraper" or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Site, Content or any portion thereof unless Catamarans.com expressly authorizes you to do so in writing. You agree that neither you nor your agents will use any program, tool, application, protocol or device to perform automated entry of data into the Sites, including without limitation, automation of HTTP SUBMIT into any HTML form on the Site, or to copy, scrape or remove Content, data, information or other material from the Sites for any purpose, whether or not any of the Content, data, information or other material taken is used, redistributed, transmitted, publicly displayed, altered, reformatted or discarded.
You agree that neither you nor your agents will use any device, software, protocol, tool, routine or process to damage, disable, impair, interfere with, or attempt to damage, disable, impair, or interfere with, the proper working of the Site, Content, or any activities conducted on the Site. You agree that neither you nor your agents will take any action that, in Catamarans.com's sole discretion, overburdens or imposes a disproportionately large load on Catamarans.com's infrastructure. Any unauthorized use of the Web sites or Content may be subject to, without limitation, termination of your use of the Site or legal action.
Other Restrictions on UseYou understand, acknowledge and agree that neither the Site nor its Content will be used to:
- Violate the law, rules or regulations of any local, municipal, state, or federal government, territory or nation;
- Post, upload or transmit information or material that infringes or violates intellectual property, including but not limited to trademark, copyright, patent and trade secret rights of any person, organization or entity;
- Post, upload or transmit Content, information or material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, tortious, libelous, defamatory, slanderous, vulgar, invasive of another's privacy, racially, ethnically or otherwise objectionable or embarrassing to any person, organization, or entity;
- Post, upload or transmit Content, information or material that infringes the privacy or publicity rights of others;
- Post, upload or transmit Content, information or material that you know or have reason to know to is false or misleading;
- Post, upload or transmit to Catamarans.com or its affiliates false, incomplete, inaccurate or misleading user information;
- Impersonate another person, organization or entity or Catamarans.com or its representative; or falsely state or otherwise misrepresent the Site’s affiliation with or relationship to a person, organization or entity;
- Engage in any conduct that, in Catamarans.com's opinion, violates any law or exposes Catamarans.com or any of its affiliates, customers or suppliers to any liability of any kind;
- Benefit a competitor of Catamarans.com or any affiliate;
- Engage in, or use in connection with, any commercial enterprise; and
- Post, transmit or otherwise make available any Content that you do not have the right to post, transmit or otherwise make available under law, contract or fiduciary relationships or that is protected by a confidentiality agreement.
You also understand and agree that you will not impede or inhibit any other Site Visitor from using and enjoying the Site and agree not to: disrupt or interfere with the security of, or otherwise abuse, the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliate linked sites; upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files; use or attempt to use another’s account, service or system, or link to another site, or create or use a false identity on the Site; or transmit through or on the Site spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability or criminal prosecution under applicable federal and state laws.
Please see our Privacy Statement for additional information about our collection, use and disclosure of consumers' nonpublic personal information.
Limitation of Liability
UNDER NO CIRCUMSTANCE WILL CATAMARANS.COM, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, ECONOMIC, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR RELIANCE ON THE SITE, OR USE OF OR RELIANCE ON ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, STATUTORY CLAIM, OR TORT LIABILITY, EVEN IF CATAMARANS.COM HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON INFORMATION PROCESSING SYSTEM. CATAMARANS.COM EXPRESSLY DISCLAIMS ANY LIABILITY RELATING TO DEFAMATION, INTELLECTUAL PROPERTY INFRINGEMENT, PRIVACY, OBSCENITY, OR ANY OTHER AREA OF LAW, ARISING OUT OF THE USE OR AVAILABILITY OF THIRD-PARTY INFORMATION OR INTELLECTUAL PROPERTY, VISITOR MATERIALS, OR STATEMENTS OR OPINIONS POSTED ON THE SITE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CATAMARANS.COM, ITS AFFILIATES, SUBSIDIARIES, AGENTS, OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST ANY CLAIM, DEMAND OR LIABILITY, INCLUDING, WITHOUT LIMITATION, COSTS, EXPENSES OR REASONABLE ATTORNEYS' FEES, ARISING OUT OF ANY INFORMATION YOU POST, UPLOAD, TRANSMIT OR OTHERWISE PROVIDE TO CATAMARANS.COM; ANY CLAIM, LIABILITY, OR OBLIGATION BROUGHT BY ANY THIRD PARTY AGAINST CATAMARANS.COM ARISING OUT OF YOUR USE OF THE SITE OR CONTENT OR OUT OF A DECISION MADE OR TRANSACTION ENTERED IN RELIANCE ON YOUR USE OF THE SITE OR CONTENT; AND ANY CLAIM, LIABILITY, OR OBLIGATION RESULTING FROM AN ALLEGED OR ACTUAL MISREPRESENTATION, NEGLIGENCE ACT, WILLFUL ACT OF MISCONDUCT, BREACH OF WARRANTY OR NON-PERFORMANCE OF ANY OF THE COVENANTS OR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS OR FROM AN ALLEGED OR ACTUAL MISREPRESENTATION OR OMISSION YOU MAKE TO CATAMARANS.COM OR ANY THIRD PARTY.
These Terms are governed by and construed in accordance with the laws of the State of Florida without regard to its choice of laws principles. Any disputes or controversies arising out of the Terms and Conditions shall be subject to the exclusive jurisdiction of the Federal Courts of the United States of America or the State Courts of Florida, with exclusive venue in Broward County, Florida. These Terms constitute the entire agreement with respect to your access to and use of the Site. Any provision of the Terms that is determined by a court of competent jurisdiction to be unenforceable shall be severable without in any way invalidating the remaining provisions of the Terms. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
Notification of Claims of InfringementCatamarans.com respects the rights of all copyright holders and has a policy for removing content from the Site under certain circumstances. Catamarans.com will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"). If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via this website, or you believe that your work has been copied in a way that constitutes copyright infringement, please provide Catamarans.com with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:
* Written notice with a subject line that says: "DMCA Copyright Infringement Notice";
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
* Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
* A statement that the complaining party has a good faith belief that use of the material is unauthorized;
* A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries, including notification of claims of infringement, please contact Catamarans.com at The Catamaran Company, 4005 N. Federal Highway, Suite 200, Fort Lauderdale, FL 33308; Phone: 954.727.0016; Fax: 954.727.0024.
Contact UsIf you have any questions with respect to the Catamarans.com Terms, or improper use of Catamarans.com intellectual property, Content or the Site, please contact us at The Catamaran Company, 4005 N. Federal Highway, Suite 200, Fort Lauderdale, FL 33308; Phone: 954.727.0016; Fax: 954.727.0024.