Terms and Conditions
Terms and Conditions
Maineboats.com and its associates provide their services to you subject to the following conditions. If you visit or shop within this web site or digital edition, you accept these conditions. Please read them carefully.
SUBSCRIPTION RETURN POLICY
Subscriptions to Maine Boats, Homes & Harbors magazine may be cancelled at any time. Cancellations will be accepted via phone, fax or email. Refunds will be pro-rated for all issues not yet mailed.
When you visit Maineboats.com, access our digital edition, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site and in our online publications, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Maineboats.com or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Maineboats.com, with copyright authorship for this collection by Maineboats.com, and protected by international copyright laws.
Maineboats.com’s trademarks and trade dress may not be used in connection with any product or service that is not Maineboats.com's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Maineboats.com. All other trademarks not owned by Maineboats.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Maineboats.com or its subsidiaries.
LICENSE AND SITE ACCESS
Maineboats.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Maineboats.com. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Maineboats.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Maineboats.com and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Maineboats.com’s name or trademarks without the express written consent of Maineboats.com. Any unauthorized use terminates the permission or license granted by Maineboats.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Maineboats.com so long as the link does not portray Maineboats.com, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Maineboats.com logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site or digital edition, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our web site only with involvement of a parent or guardian. Maineboats.com and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, E-MAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content to Maineboats.com: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Maineboats.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Maineboats.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Maineboats.com and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Maineboats.com or its associates for all claims resulting from content you supply. Maineboats.com has the right but not the obligation to monitor and edit or remove any activity or content. Maineboats.com takes no responsibility and assumes no liability for any content posted by you or any third party. Maineboats.com and its associates attempt to be as accurate as possible. However, Maineboats.com does not warrant that content of this site is accurate, complete, reliable, current, or error-free. Information may be changed or updated without notice.
INFORMATION PROVIDED IS NOT INTENDED FOR NAVIGATIONAL USE.
RISK OF LOSS
All items purchased from Maineboats.com are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Maineboats.com and its associates attempt to be as accurate as possible. However, Maineboats.com does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. Information and product offerings may be changed or updated without notice.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY MAINEBOATS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. MAINEBOATS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAINEBOATS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAINEBOATS.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MAINEBOATS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAINEBOATS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Maineboats.com or our digital editions, you agree that the laws of the state of MAINE, UNITED STATES, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Maineboats.com or its associates.
Any dispute relating in any way to your visit to Maineboats.com or our digital edition or to products you purchase through Maineboats.com shall be submitted to confidential arbitration in MAINE, UNITED STATES, except that, to the extent you have in any manner violated or threatened to violate Maineboats.com’s intellectual property rights, Maineboats.com may seek injunctive or other appropriate relief in any state or federal court in the state of MAINE, UNITED STATES, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These policies also govern your visit to Maineboats.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
COASTAL DIRECTORY & ONLINE ADVERTISING
Cancellation of Ads:
Coastal Directory Listings are available for an initial term of one year. Thereafter, Coastal Directory Listings will be run on an “until forbid” basis and are cancelable at any time.
Credit Card Payments:
All Directory Listings are payable by credit card only, which will be charged $35 per month unless otherwise indicated on your signed advertising contract. Credit card numbers will be kept on file for all advertisers that have been granted credit approval. Charges will be debited to a customer’s charge card account on the 15th of the month. Customer agrees that Maine Boats, Homes & Harbors, Inc. (maineboats.com) may debit customer charge account in the event customer defaults on advertising contract.
Maine Boats, Homes & Harbors, Inc. maintains certain requirements to be accepted to our Coastal Directory. We require that vendors make factual and knowledgeable statements in their profile, on their website, and about their services. False representation about your services, copyright infringement or unethical business practices may result in your vendor listing being removed or rejected. Maine Boats, Homes & Harbors, Inc. reserves the right to reject any advertisement, including business listings for any reason. Any pre-payment will be refunded less applicable cancellation/removal fees.
Maine Boats, Homes & Harbors, Inc. reserves the right to reject, alter, or request changes on any advertising that we have reason to believe would misinform or offend our readers. Advertisements are accepted only under the condition that the advertisers assume all liability and responsibility for any legal claims resulting from advertisements being published or not published. Maine Boats, Homes & Harbors, Inc. accepts no liability for its failure, for any cause, to publish an advertisement.
The advertiser agrees to indemnify Maine Boats, Homes & Harbors, Inc. forthwith on demand and hold Maine Boats, Homes & Harbors, Inc. harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by Maine Boats, Homes & Harbors, Inc. in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the advertisement and/or any material of the advertiser to which users can link through the advertisement and any other contract entered into for the purchase of the advertised goods or services. Liability for any Maine Boats, Homes & Harbors, Inc. error appearing in an advertisement is limited to the cost of the advertisement. No allowance, however, will be granted for an error that does not materially affect the value of the advertisement. To qualify for an adjustment, any error must be reported within ten (10) days of publication.
Maine Boats, Homes & Harbors, Inc. reserves the right to re-design parts of or the entire website and to re-position advertising and sponsorship accordingly without prior notice. Positioning of advertisements is at the sole discretion of Maine Boats, Homes & Harbors, Inc. except where a request for a specific preferred position is acknowledged by Maine Boats, Homes & Harbors, Inc. in writing. Maine Boats, Homes & Harbors, Inc. may create an advertisement on behalf of the advertiser if material is not received by the agreed deadline.
Limitation of Liability:
Maine Boats, Homes & Harbors, Inc. will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect or consequential losses; In any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred, suffered or incurred by a party arising out of or in connection with the provisions of any matter under these terms and conditions. In particular, and without limitation, the advertiser acknowledges that the online publisher will not be liable for such losses whether arising from a failure to publish an advertisement, or from the inaccuracy of any data contained in any advertisements (whether such inaccuracy arises from any action, or failure to act, of the online publisher, the advertiser or a third party).
The advertiser acknowledges that any website on which a listing or banner ad is displayed is provided on an “as is” and “as available” basis without any representation or endorsement. The online publisher makes no warranties of any kind, whether express or implied, in relation to such website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the website will meet any requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or are fully functional, accurate, or reliable.