Terms of Use

Yachtsaleswest.com (YSW) (“this site”) does not give any warranty or other assurance as to the operation, quality or functionality of the site. Access to the site may be interrupted, restricted or delayed for any reason.

This site also does not give any warranty or other assurance as to the content of the material appearing on the site, its accuracy, completeness, timelessness or fitness for any particular purpose.

To the full extent permissible by law, this site disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Site or any material appearing on this site, or from any action or decision taken as a result of using Bavaria-Yachts.com or any such material.  This site contains links to external sites.  This site is not responsible for and has no control over the content of such sites. Information on this site, or available via hypertext link from this site, is made available without responsibility on the part of this site.  This site disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from this site.

Please read this Website Use Agreement (“this Agreement”) carefully. This Agreement is between you and this sitee and governs your use of this site, currently at yachtsaleswest.com, including the services that are provided through this site. If you do not agree with any provision of this Agreement, you may not use this site.

1. Use of this site

1.1 Your access to and use of this site is subject to the following terms and conditions and all applicable laws and regulations that apply to this site, to the Internet and/or to the World Wide Web. Your accessing and browsing of this site constitutes acceptance of these terms and conditions without reservation, limitation or qualification, and acknowledges that any other agreements between you and this Site, are superseded and of no force or effect.

1.2 These terms and conditions are subject to change at any time, and it is your responsibility to keep apprised of such changes. Any such change shall be effective immediately upon posting to this site. Your continued access and/or use of this Site constitutes your continuing acceptance of these terms and conditions without reservation, limitation or qualification.

1.3 You may freely browse this site, but you may only download information from this Site, including any text, images, audio, and video (the “Information”) for non-commercial personal use. You may not, however, distribute, modify, transmit, reuse, repost, or use the Information for public or commercial purposes, without written permission of this Site.

1.4 You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any of this site’s information you download. You may not, however, distribute, modify, transmit, reuse, report, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without written permission of this Site. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on this Site without the written permission of this site. This site neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with this site.

1.5 With the exception of the foregoing limited authorization, no license to or right of the Information, or any copyright of this site or of any other party is granted or conferred to you.

1.6 This site may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of this site and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products processes and other proprietary rights of this site and/or other parties is granted to or conferred upon you.

1.7 The Information posted by this site’s operator on this site is believed to be accurate when posted, but is not warranted or represented in any way to be so. Information may contain technical inaccuracies or typographical errors. This site reserves the right to make changes, corrections and/or improvements to this site Information, and to the product and programs described in such Information, at any time without notice. Any use or reliance on such Information is at your own risk. This site assumes no liability or responsibility for any errors or omissions in the content of this site. In particular, this Site will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the Information contained on the Site. ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

2. This site does not provide seamanship advice

2.1 The contents of this site are for informational purposes only. No warranty is made or given that any Information on or linked to this site is complete and/or accurate, and no warranty is given that there may not be a contrary view to any of the material that is hereby published.

2.2 The Information contained in this site, or obtained as a consequence of using this site is not intended to be, nor is it implied to be, a substitute for professional training or education. Users should never disregard professional advice or delay in seeking such advice because of Information obtained from this site. Reliance on any Information provided on this site or provided by this site’s employees or others appearing on the site at the invitation of this site is solely at your own risk.

2.3 This site may contain content from third party sources. This site does not necessarily endorse any third party products, views or information presented on this Site and such information or content may not reflect the opinions, recommendations or practices of this site.

3. Trademarks and Copyright

3.1 This site may contain the trademarks of this site’s products, including, but not limited to, the registered trademarks: of this site. All rights in respect of all of such trademarks are reserved.

3.2 Everything you see or read on this site is copyrighted, including design, page headers, button icons, graphics, images, text and arrangement thereof, and software used in this site, and all intellectual property rights therein, including all copyright and trademark rights, are property of this site, its licencors or others, as the case may be. Nothing from this site may be used by you except as provided in these Terms and Conditions or in the text on this site without the prior written permission of this site. This site neither warrants nor represents that your use of materials displayed on or downloaded from this site will not infringe rights of third parties not owned by or affiliated with this site.

3.3 Nothing contained in this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo, service mark or design displayed on this site without the written permission of this site or any third party that may own any such item displayed on this site. Your use of any of the trademarks, logos, service marks, designs and other intellectual property displayed on this site and any other content on this site is strictly prohibited except only and to the limited extent expressly permitted in these Terms and Conditions. This site will aggressively enforce its intellectual property rights to the fullest extent of the law should you breach any of these terms and conditions.

4. Submissions

4.1 Any communication or material you transmit to this site or through this site by electronic mail or otherwise, including any data, questions, comments, suggestions, testimonials or the like (all of which are collectively called “submissions”), is and will be treated as royalty-free, non-confidential and non-proprietary.

4.2 Any submissions you transmit or post become the property of this site, its affiliates and assigns, and may be used, subject to our Privacy Policy in connection with any personal information that may be included in the submission, for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other uses in any way, whether for commercial gain or otherwise and with or without your name associated with the material, at this site’s discretion. This site is free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. In that regard, by transmitting any submission to this site, you will be deemed for all purposes to have assigned and transferred to this site all copyright, trademark and other intellectual property rights in and to the submission and to have irrevocably waived and released all moral and/or personal rights in and to the submission, and you acknowledge and agree that any act that is required to send a submission will be deemed for all purposes to be your electronic signature to these terms and conditions.

4.3 Any submissions that you transmit or post constitutes your warranty that such content is not subject to any third party copyright or any other proprietary rights and that you have full capacity and authority to make such submission.

4.4 Without limiting the generality of section 4.1 above, you agree to sign and deliver to this Site on demand all further documents and assurances that this Site may request in connection with the assignments, transfers, releases and waivers contemplated by that section.

4.5 Although this site may from time to time monitor or review discussions, chats, postings, transmission, bulletin boards, and the like on the Site, this Site is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site.

4.6 This site is not responsible for any Submissions which may be posted in any forum or news group accessible or operated through or by this Site, and this Site will have the right (but not the obligation) to remove from any such forum or news group anything which it sees fit to remove for any reason. You must not submit or otherwise publish through this Site or through any available forums or news groups anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity, including without limitation copyrights and trademarks; (d) violates any law; (e) advocates or describes any illegal activity; or (f) advertises or solicits funds for goods or services.  This site will fully cooperate with any law enforcement authorities or court order requesting or directing this site to disclose the identity of anyone posting any such information or materials.

5. Personal Information Privacy

5.1 This site collects, uses and discloses personal information in accordance with its Privacy Policy. This Site may modify its Privacy Policy from time to time in its sole discretion. Each time you use this site, you consent to this site’s collection, use and disclosure of your personal information in accordance with its Privacy Policy, in effect then.

5.2 Unless encrypted, information sent or received over the Internet is insecure and this Site cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. This site will not be responsible for any damages you or any third party may suffer as a result of, or in connection with, the transmission of any information from or to this Site through this site.

6. Advertising Content

6.1 All ads in this site are published in good faith without verification. We reserve the right to refuse, classify, revise or censor any ads for any reason in our sole discretion.

6.2 The ads posted on this site may include inaccuracies or errors. We do not under any circumstances accept responsibility for the accuracy or otherwise of any ads or messages in the Site, nor is any kind of warranty provided, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of a third party’s rights of any kind. We do not control the Terms and Conditions of any contracts offered to you by advertisers on this Site. We are not responsible for any loss or damage that might be incurred by you as a result of your use of this Site or any advertisers or other third parties linked to this site. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or us and any advertisers on this site.

6.3 We specifically disclaim any and all liability to you and advertisers on this site of any kind, for loss or damage of any nature, whatsoever and howsoever arising, whether due to inaccuracy, error, omission or any other cause, whether on the part of us, or our employees or agents, or any other person, due to your or their use of the ads, the information contained therein, or any other information available on this site.

6.4 You are advised to review the ads and message details carefully before entering into any agreement of any kind with, or before disclosing any personal information to the advertisers on this site. If you are in doubt, you should obtain legal advice before proceeding.

7. Limitation of Liability and Indemnity

7.1 Your use of and browsing of this site are undertaken at your own risk. Neither this Site, any of its directors, officers, employees, or agencies, nor any other party involved in the creation, production, delivery or operation of this site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Site or any consequences flowing therefrom, including, without limitation, computer viruses which may infect or other damages which may occur to your computer equipment or other property as a result of your access, use of, or browsing of this site or your downloading of any materials, data, text, images, video or audio from this Site.

7.2 Without limiting the generality of section 7.1, everything on this Site is provided to you without any warranty or representation of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or any other warranties which may be implied according to the laws of any jurisdiction, unless in your jurisdiction the exclusion of some or all of such expressed or implied warranties is not permitted or is restricted, in which case all such expressed or implied warranties are excluded to the fullest extent permitted by law in your jurisdiction.

7.3 You promise to indemnify and save this site, and its officers, directors, employees, agents and distributors, harmless from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of your agreements, representations or warranties set out in these terms and conditions; (b) your access to or use of this site or any site to which this site is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of anything on or from this site or any site to which this site may be linked from time to time; and/or (c) your violation of any law or regulation.

7.4 Your sole remedy for dissatisfaction with this site, site-related services or products, content or information contained herein or on any hyperlinked website is to stop using the site, site-related services or products, content, information or hyperlinked website.

8. Linked Sites

8.1 Because this site has no control over and does not endorse any of the sites to which this site is linked and because this site has not reviewed any or all of the sites to which this site is linked, you acknowledge that this site is not responsible for the content of any off-site pages or any other sites linked to this site. This site reserves the right to terminate any link or linking program at any time and the linking of any site to or through this Site does not imply any endorsement by this site of the companies, products or information offered described or otherwise made available on or through such linked sites. By making use of any such links, you understand that the legal statement and privacy policy of the linked site will apply and which may be different from those of this Site. This site accepts no liability for links from us to others, and in particular we are not responsible for the accuracy or legality of the content thereof. We accept no liability deriving from a breach or omission in the privacy policy of third parties. If you decide to access any site linked through or to this Site, you do so entirely at your own risk.

8.2 Links to this site are permitted only to the home page. You may not link to any other pages without the prior written consent of this site.

8.3 Framing of this site by sites or site elements of parties not part of this Site is not permitted. In-line linking or any other manner of incorporating parts of this Site in sites of parties not part of this site is equally prohibited.

9. Governing Law

9.1 This site controls this Site from within the Province of British Columbia, Canada. Regardless of your place of residence, the location where you access this Site or any other consideration, you agree that this Agreement, your use of this Site and all related matters are governed by the laws of the Province of British Columbia and the laws of Canada in force in there, without regard to its rules relating to conflict of laws. You also agree to submit to the exclusive jurisdiction of the Courts of British Columbia with respect to any dispute between you and this Site arising from or relating to your use of this site, this Agreement or any related matters.