1. Acceptance of Terms
Every Boat provides a collection of online resources,
including classified ads, forums, and various email services,
(referred to hereafter as "the Service") subject to the
time without notice to you. You can review the most current version of the Terms
By using the Service in any way, you are agreeing to
comply with these Terms. In addition, when using particular Every Boat services, you shall be subject to any posted
guidelines applicable to such services which may be posted from time to
time. All such guidelines or rules are hereby incorporated by reference into the
You understand that all postings, messages, text, files, images, photos, video, sounds,
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 Every Boat 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. 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 Every Boat 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.
You acknowledge that Every Boat does not pre-screen or approve Content, but that
Every Boat 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.
You acknowledge and agree that Every Boat may, in its sole discretion,
preserve or disclose Content, as well 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 the Terms; respond to claims that any Content violates
the rights of third-parties; or protect the rights, property, or personal
safety of Every Boat, its users or the general public.
Although Every Boat does not claim ownership of content that its users post,
by posting Content to any public area of the Service, you automatically grant,
and you represent and warrant that you have the right to grant, to Every Boat an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works, said Content,
and to grant and authorize sublicenses of the foregoing. Additionally,
you will defend and indemnify Every Boat from any third party claim related to
a breach of any of the foregoing representations and warranties.
Content displayed on or through the Service is protected by copyright as a
collective work and/or compilation,
pursuant to copyrights laws, and international conventions. You agree not to
reproduce, duplicate or copy Content from the Service, and agree to abide by
any and all copyright notices displayed on the Service.
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory,
pornographic, libelous, invasive of another's privacy, or harms minors in any
- 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;
- that impersonates any person or entity, including, but not limited to, a Every Boat employee, or falsely states or otherwise misrepresents your affiliation with a
person or entity;
- that includes personal or identifying information about another person without that
person's explicit consent.
- that is deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
- 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
- that constitutes or contains
unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation.
- that includes links to commercial
services or web sites, except as allowed in "small business ads".
- that advertises for sale weapons or explosives; controlled substances
(including but not limited to) tobacco products, alcoholic beverages,
pharmaceuticals, illegal drugs; stolen or counterfeit items; goods or services
that do not in fact exist; items that violate or infringe the rights of others;
any items you do not have the right to sell; any dangerous items.
- 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;
- 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;
- 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:
- contact anyone who has asked not to be contacted.
- "stalk" or otherwise harrass anyone
- collect personal data about other users for commercial or unlawful purposes.
- use automated means, including spiders, robots, crawlers, data mining tools,
or the like to download data from the Service - exception is made for internet search
engines (e.g. Google) and non-commercial public archives (e.g. archive.org).
4. Limitations on service
You acknowledge that Every Boat 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
Every Boat has no responsibility or liability for the deletion or
failure to store any Content maintained or transmitted by the Service.
You acknowledge that Every Boat reserves the right at any time to modify or
discontinue the Service (or any part thereof) with
or without notice, and that Every Boat shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
5. Termination of service
You agree that Every Boat, in its sole discretion, may 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
Every Boat believes that you have acted inconsistently with
the letter or spirit of the Terms. Further, you agree that Every Boat 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.
6. Dealings with organizations and individuals
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 agree that Every Boat shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings.
7. Proprietary rights
The Service is protected to the
maximum extent permitted by copyright laws and international treaties. Any
reproduction, modification, creation of derivative works from or redistribution
of the Sites is prohibited. Copying or reproducing the sites or any portion
thereof to any other server or location for further
reproduction or redistribution is prohibited. User
may not decompile or disassemble, reverse engineer or
otherwise attempt to discover any source code contained in the Service.
Without limiting the foregoing, you agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, any aspect of the Service.
8. Disclaimer of Warranties / Limitation of Liability
You understand and agree that:
- Every Boat disclaims all warranties of
any kind, whether express or implied.
- The Service is provided on an "as is" and "as available"
basis, and you should not rely upon it.
- Your use of the
Service is at your sole risk, and Every Boat shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary
damages (even if Every Boat has been advised of
the possibility of such damages), resulting from
any aspect of your use of or interaction with the Service.
- Any warranty not set
forth in this Terms document, including any set forth by
Every Boat employees, will be invalid.
- If any of the above
provisions are void under governing law, our liability
shall be limited to the extent permitted by law.
You agree to indemnify and hold Every Boat, its officers, and its employees,
harmless from any claim
or demand, including reasonable attorney fees, 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, or your
violation of any rights of another.
10. General information
The Terms constitute the entire agreement between you and Every Boat and govern
your use of the Service, superceding any prior agreements between you and
Every Boat. The Terms and the relationship between you and Every Boat shall be
governed by the laws of the State of California without regard to its conflict of
law provisions. You and Every Boat agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of San Francisco, California.
The failure of Every Boat 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.