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This Agreement establishes the terms and conditions by which YBA will provide you with information and services regarding the organization.
As used herein the following terms shall have the following meanings:
"Agreement" means all of the terms and conditions set forth below which may be amended by YBA from time to time and are subject to change by YBA at any time for any reason.
" YBA " means Yacht Brokers Association of Canada, a Canadian non-profit society and owner of this Web site.
"User" means the individual registering for and using YBA 's information, products and services.
User agrees to use YBA website in a manner consistent with any and all applicable laws and regulations.
User agrees and warrants that all information submitted to YBA will be original, accurate and correct and will not contain any defamatory, fraudulent, abusive, obscene, profane, sexually oriented, threatening, racially offensive or illegal material.
User further agrees and warrants that all information provided to YBA will not infringe upon any copyright, trademark, patent or other intellectual property rights of any other person or entity.
User acknowledges that submission or transmission of material or information in violation of any local, state or federal law is prohibited and is a breach of these Terms and Conditions of Service.
YBA provides its services on an as-is basis, without warranty of any kind, express or implied, including, without limitation, any warranty for information, services or products provided through YBA. YBA specifically disclaims (i) any express or implied warranty of merchantability or fitness for a particular purpose, where applicable, and (ii) any warranties concerning the availability, accuracy or content of information, products or services. This disclaimer of liability applies to any and all damages (including direct, indirect, incidental, special, consequential or exemplary) or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or other harmful component, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of products and services, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
YBA cannot promise, and will not be deemed to promise that its hardware or software will function uninterrupted or error-free. YBA fully intends to keep its system functional at all times. However, in the event that, due to circumstances beyond YBA 's control, YBA 's services malfunction or become unavailable to all or some Users, YBA will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, whether foreseeable or not, which may result from such unavailability or malfunction.
YBA is not responsible for the content on the Internet or World Wide Web pages that are contained outside YBA 's site. As a convenience to our Users, YBA may from time to time provide links to third parties that are beyond our control. YBA makes no representations as to the quality, suitability, functionality or legality of any sites to which it may provide links, and User hereby waives any claim you may have against YBA with respect to such sites.
User agrees to defend, indemnify and hold harmless YBA, and its officers, directors, shareholders, employees, and independent contractors from any and all claims, damages and expenses, including reasonable attorneys' fees and court costs, arising out of User's use of YBA or User's breach of the Terms and Conditions of Service, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud.
User acknowledges that occasionally YBA will not be available for use by User. Although YBA's policy is to minimize the amount of time it may spend upgrading and maintaining YBA, YBA reserves the right to take YBA down at any time if required.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are pending, registered, or unregistered Trademarks of Owner and others. You may NOT use Owner's trademarks, whether design or word marks, in a non- YBA product name or publication title, in, as, or as part of your own trademarks, to identify products or services that are not Owner's. You may NOT use the Trademarks in any manner that is likely to cause confusion among customers, dilutes the Trademarks, or in any manner that disparages or discredits Owner. You are also advised that Owner will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the express written permission of Owner or such third party that may own the Trademarks
displayed on the Site.
Owner's trademarks identify Owner's products and services, and let the public know the source of those products and services. You may make fair use of Owner's trademarks in advertising and promotional materials, and in referring to Owner's products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution (see below). All other uses require the prior express written permission from Owner. Please make such requests by email. We will evaluate your request within a reasonable time; failure to respond does not constitute permission.
You are not permitted to download images from the site unless where indicated, however if you wish to use a graphic link to our site you may copy our logo button below:
If you are using Netscape Navigator or Microsoft Internet Explorer, first place the cursor above the logo button. Second, if you are using a PC or Unix based system, click and hold down the right mouse button; on a Mac, hold down the single mouse button. A small pop-up menu will appear after a few seconds, offering you a "save as..." or "download image..." option. After you download the logo button, you'll want to upload it to your Internet service provider so that it will appear on your Web site. Visit your Internet service provider's online documentation to learn what steps are necessary for uploading your HTML files and graphics.
[INSERT LINK GRAPHIC HERE]
The html code you will need to use will look like the following:
<A HREF="http://www.bcyba.com"> <IMG SRC="ybalogo.gif" ALT="Visit the Yacht Brokers Association of Canada" BORDER=0 HEIGHT=40 WIDTH=125></A>
The Terms and Conditions of Service will be interpreted, construed and enforced in accordance with the laws of the British Columbia (without regard to provisions of conflicts of laws). User irrevocably consents to the jurisdiction of the courts in British Columbia, and the federal courts situated in British Columbia in connection with any action to enforce the provisions of the Terms and Conditions of Service, to recover damages or other relief for breach or default under the Terms and Conditions of Service, or otherwise arising under or by reason of the Terms and Conditions of Service.
Notices to be provided under the terms of these Terms and Conditions of Service will, except as otherwise expressly provided herein, be delivered by either party hereto by certified mail return receipt requested or YBA may deliver such notice by e-mail through YBA. All such notices will be deemed delivered when the notice is placed in the Mail, or in the case of an e-mail by YBA, upon the User's accessing YBA.
The failure of either User or YBA to insist upon or enforce strict performance by the other party of any provision of the Terms and Conditions of Service or to exercise any right under the Terms and Conditions of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
User represents to YBA that the User has the authority to accept these Terms and Conditions of Service.
These Terms and Conditions of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms and Conditions of Service will, at the election of YBA, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms and Conditions of Service will remain valid and enforceable.
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