Conditions of Use

General
Thank you for visiting our Web site. This Agreement (the “Terms of Use” or “Usage Agreement”) sets forth the terms and conditions that apply to your access to and use of our Web site. By using our Web site, you agree to comply with all of the terms and conditions hereof. You shall be responsible for protecting the confidentiality of your password(s), if any. Please see our Privacy Policy for terms applicable to our data collection and use practices. Additionally, please see our Advertising or Member Policy for additional information related to advertising with or becoming a member of one of Central Yacht Agent Inc. Web site/s.

We reserve the right to change the terms of this Usage Agreement, including our separate Privacy Policy, from time to time, as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We have no duty or obligation to inform prior users of this Web site that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review this Usage Agreement so that you always will know what terms and conditions apply to your access to and use of this Web site. Your continued use of our Web site after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. Our Web site may change, restrict access to, suspend, or discontinue this Web site, or any portion of this Web site, at any time without prior notice.

We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or a customer has downloaded and or is using content and or images from our web site(s) are used without prior written consent from Central Yacht Agent Inc. or is harmful to the interests of Central Yacht Agent Inc., its parent, affiliates, other web site(s) or licensees.

Centralyachtagent.com Central Yacht Agent Inc.,. has the ability to display availability for all yachts, currently we only display yachts that have a complete e-brochure and the data within said ebrochure(s) meets the standards of our sole discretion. Any yacht that would like to participate needs to provide us with high quality photos properly sized and formatted for user upload to ensure that we provide the best quality service. All photos will be of exceptional quality formatted by the user to fit our site, and therefore we do not accept vessels, accounts, advertising or allow user memberships that do not meet these requirements. Photos uploaded by account users hereby relinquish all rights of the photograph to Central Yacht Agent Inc. and or whomever Central Yacht Agent may assign or reproduce to. We strive to provide you the very best possible service and as such we welcome your feedback on any issue that you feel needs improvement.

Ownership License
Our Web site and all content displayed on this site and all software, data and information used to provide this Web site, including text and images, method of display and presentation, source code, embedded routines, code provided to be embedded in customer web site/s and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by Central Yacht Agent Inc., its parent, affiliates or licensees, and are protected under worldwide copyright, trademark and other applicable laws and treaties. If you or your company are a paid member and your membership is in “good standing” as judged by Central Yacht Agent Inc., we grant you the limited and non-exclusive temporary right and license to access content from our web site(s) ONLY with our approval of your paid membership that is in good standing and there are no disagreements or disputes between Central Yacht Agent Inc. and you and the use is solely for use within the industry Central Yacht Agent approves and as necessary in connection with the use of any services available through the Web site. Except as expressly authorized in this Usage Agreement, you may not modify, distribute, reproduce, display, or use this Web site or any elements thereof. All rights not expressly granted to you by us in this Usage Agreement are reserved to Central Yacht Agent Inc. and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from the Web site as authorized hereunder.

Certain Restrictions
All of the text, design and non-text published or displayed on the CentralYachtAgent.com web pages are protected by CENTRAL YACHT AGENT INC.’s intellectual property rights. Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics are strictly prohibited without prior express written permission of Central Yacht Agent Inc.. In addition to the foregoing limitations, you may not frame, squeeze back, overlay or employ other techniques to enclose or display the Web site, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the Web site, with any other software or content of a third party. You may not use any meta tags or any other “hidden text” utilizing the names or trademarks of Central Yacht Agent Inc., its parent, affiliates or licensees without their express written consent. Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of this Web site using any “robot”, “spider”, “deep link”, “scraper” or other automated means, methodology, algorithm or device or any manual process for any purpose

Clients whose accounts are current and specifically permission by Central Yacht Agent Inc., may feed information from appropriate CENTRAL YACHT AGENT INC. pages by the use of displaying information and or images from Central Yacht Agent Inc. propriety solutions (snap-in) linking system. Clients agree that CENTRAL YACHT AGENT INC. may take legal action in any jurisdiction convenient to CENTRAL YACHT AGENT INC. in the event of unauthorized reproduction, transmission, or use of some or all of any material published or displayed on the CentralYachtAgent.com web pages.

Users subscribed to our API feed may access our endpoints to request data from the servers. Users must submit valid search parameters and a apicode. Blank queries that are intended to return the entire database will not be honored and will return and empty set.

The data in our feed is NOT ALLOWED to be repackaged and redistributed in any form except for those explicitly mentioned in this document. It is forbidden to use this data in any App, mobile app or any other medium without written permission.

Links
This Web site may provide links containing non Central Yacht Agent Inc. information or references to third party sites that Central Yacht Agent Inc. does not operate and which will allow you to leave the site or open an additional browser connecting you to the third party site. Central Yacht Agent Inc. has no responsibility for the content of such third party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third party sites. Any such links to third party sites are provided as merely a convenience to the users of this Web site, and such links do not imply endorsement by Central Yacht Agent Inc. of such other third party sites or the content contained therein. Central Yacht Agent Inc. disclaims all liability with regard to your access to such linked Web sites, and access to any other Internet Web sites linked to this Web site is at your own risk. You should consult the terms of use and privacy policy of any other Internet Web site. You release and discharge Central Yacht Agent Inc., its parent, affiliates or licensees from any and all liability arising from your purchase or use of products or services by or through such third party sites.

Product Information and Warranties
Please note that this Terms of Use applies solely to products offered for sale directly by our Web site(s) and does not apply to products or services offered or posted by one of our advertisers or members. Please see our separate Advertising or Members Policy for additional information related to any products or services offered by our advertisers or members.

You may be able to purchase certain products or advertising directly from us on our Web site. With respect to those products, we make no express warranties whatsoever and disclaim any thereof, and all such products are sold “AS IS.” We will, however, try to pass along the benefit of any warranties provided by the third-party manufacturer. The terms of these warranties are generally included in the materials accompanying the product.

EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY SECTION, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT AND OR REACH OF ADVERTISING, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM SAME.

In no event will we be liable, whether in contract, tort or under any other legal theory, for lost profits or revenues, loss of use or similar economic loss, for any indirect, special, incidental, consequential, punitive or similar damages arising out of or in connection with any products (including non-conforming products), or for any third-party claims against you relating to any products, even if we have been advised of the possibility of such claim. In no event will our monetary liability (whether in contract, tort or under any other legal theory) in respect of any product exceed the purchase price that you paid to us for it.

Your Account
To protect the member's account information, Central Yacht Agent Inc. assigns each member with either a unique user name or password or a unique ad ID number. These unique identifiers are disclosed to the user via email immediately upon joining the Central Yacht Agent Inc. Only members have the ability to modify their personal information and delete their ads as needed.

If you become a member of this Web site, 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. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user of, or visitor to, our Web site due to someone else using your account or password. Please see our Privacy Policy for further information regarding your account or password.

This Web site does not sell products or services for children, but we may sell them to adults, who can purchase with a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.

Disclaimer of Warranties; Limitation of Liability
You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, calendars, rates, money conversion(s) and services published on or promoted over this Web site, including information, products and services referred to, advertised or promoted on or sold though the Web site. This Web Site and all information, products or services available through this Web site are provided by us on an “as is” basis without warranties of any kind, either express or implied. Neither Central Yacht Agent Inc., nor any of its parent, affiliates or licensees warrant that this Web Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Web site, or as to the accuracy, reliability or completeness of content or any information, service, or merchandise provided through this Web site.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER CENTRAL YACHT AGENT INC., ITS PARENT, AFFILIATES NOR ITS LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS WEB SITE, OR ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE THIS WEB SITE. CENTRAL YACHT AGENT INC., ITS PARENT, AFFILIATES AND LICENSEES SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATIONS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL CENTRAL YACHT AGENT INC., ITS PARENT, AFFILIATES OR ITS LICENSEES OR PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF ACCESS TO, OR THE USE OF, OR INABILITY TO USE THIS WEB SITE OR ANY PRODUCTS OR SERVICES, INCLUDING OR RESULTING FROM LOST PROFITS OR DATA, WHETHER IN AN ACTION FOR CONTRACT OR TORT, EVEN IF CENTRAL YACHT AGENT INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that the entire liability of Central Yacht Agent Inc., its parent, affiliates or licensees arising out of any kind of legal claim arising out of or otherwise related to this Web site will not exceed the amount you paid, if any, for the use of this Web site or any products or services purchased herein out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

Use at Your Own Risk
We provide the material available through this Web site for informational purposes only. Before you act on any information you’ve found on our site, you should independently confirm any facts that are important to your business and or decisions. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEB SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY INFORMATION, DATA OR MATERIALS DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEB SITE.

Materials Submitted by Other Users
We cannot and do not review every posting made in our web site(s), advertisements posted, blogs, chat rooms, forums, and other areas available for public, advertiser’s or member postings. You may well read any given posting before anyone on our staff does. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff.

Data Security
We have in place, what we believe to be, reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the Internet.

Data Collection and Use
Any personal identifiable information provided by you in electronic communications to the Web site is governed by this Web site’s Terms and Conditions. Members who upload photos hereby relinquish all rights and complete non-revocable ownership of the photograph to Central Yacht Agent Inc. and or whomever Central Yacht Agent may assign as licensee or owner of said rights.

Use of Communications Services
We may provide a variety of services on this Web site through which you can directly interact with others, such as ebrochures, email services, advertising, affiliate program, blogging services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other member posting areas (“Communications Services”), but we assume no responsibility for the views and opinions expressed. We encourage an open exchange of information and ideas, but want everyone to be able to enjoy these Communications Services.

We do not, in the ordinary course of business, review private electronic messages that are not addressed to us, nor do we collect email addresses of member clients or perspective clients. However, we reserve the right to collect any other forms of information available to us by virtue of your use of our Web site (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Usage Agreement, or to protect the rights, property or safety of visitors to our Web site, our customers, the public or Central Yacht Agent Inc. and its parent, affiliates or licensees. We reserve the right (but assume no obligation) to review the content of this Web site, including blogs, message boards, chat rooms, listings, forums, and other information posted to the Web site to determine compliance with this Usage Agreement and operating rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post, or edit any messages, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

By using this Web site, you agree not to post, submit or transmit through this Web site any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, or otherwise objectionable, that encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or that, without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any communications to this Web site or otherwise to the owners of this Web site shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide post, upload or submit that content. Without limiting the foregoing, you shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to or through this Web site and agree that you will indemnify and hold Central Yacht Agent Inc. harmless from and against any claims, damages or losses related to such content or other material.

We reserve the right to deny access to any Communications Service to anyone who violates this Usage Agreement or who, in our judgement, interferes with the ability of others to enjoy our Web site or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.

Posted Materials
You may have the opportunity to post or otherwise submit information, contact information of any kind, concepts, inventions, techniques, know-how, data or ideas (collectively, “Ideas”) to us via this Web site, whether by submission to a public area of the Web Site (e.g., blogs or message boards) or by other communication to us through email or other means of electronic communication facilitated by the Web site. Although Central Yacht Agent Inc. does not claim ownership of content that its users post, by submitting communications, materials or Ideas to any public area of this Web site, you grant Central Yacht Agent Inc., its parent, affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute such material and ideas (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter on a worldwide basis. Such purposes may include disclosure to third parties. By posting or disclosing such information, you hereby waive any claim that Central Yacht Agent Inc. misappropriated any such Ideas, materials or any portions of your communication.

E-Brochures, Uploaded Photographs
Centralyachtagent.com (CENTRAL YACHT AGENT INC.) has the ability to display availability for all yachts, currently we only display yachts that have a complete e-brochure and the data within said ebrochure(s) meets the standards of our sole discretion. Any yacht that would like to participate needs to provide us with high quality photos properly sized and formatted for user upload to ensure that we provide the best quality service. All photos will be of exceptional quality, and therefore we do not accept vessels that do not meet these requirements. Photos uploaded by account users hereby relinquish all rights of the photograph and complete non-revocable ownership to Central Yacht Agent Inc. and or whomever Central Yacht Agent may assign or reproduce to. We strive to provide you the very best possible service and as such we welcome your feedback on any issue that you feel needs improvement.

Paid Accounts
All accounts are to be paid monthly at least 30 days in advance. A member may elect to make advance (multiple month’s) payments. The practice of making advance payments is not required by Central Yacht Agent Inc. in any way. Advance payments are a risk to members in the event of termination deactivation or any other rights to cease service Central Yacht Agent Inc. may elect to enforce. Central Yacht agent does not refund any payments regardless how far in advance the member has chosen to pay. To stop the automated payments, members must inform Central Yacht Agent by telephone or by email with confirm receipt that they wish to discontinue their service with at least one months notice. This information must reach us at least 3 working days before the next automated billing date. Any cancellation of an account of the primary account holder will result in all users within that company to be deactivated.

Copyrights
Central Yacht Agent Inc. respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from the Web site under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Central Yacht Agent Inc. Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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; and 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.

For copyright inquiries, including notification of claims of infringement, please contact Central Yacht Agent Inc. Copyright Agent at: Central Yacht Agent Inc., Intellectual Property Administrator, 43 S. Powerline Rd., Pompano Beach, FL 33069 or general@CentralYachtAgent.com .

Violation of These Terms of Use
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Web site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Web site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request and or any reason we see fit to run our business. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve and store any communication by you with us through the Web site or any service offered on or through the Web site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Usage Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Central Yacht Agent Inc., its employees, users of or visitors to the Web Site, and the public.

Without limiting any other portion of this Terms of Use Agreement, you agree that we may, in our sole discretion and without prior notice, terminate your access to the Web site and/or block your future access to the Web site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Web site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Central Yacht Agent Inc. may have at law or in equity.

Terminations
Central Yacht Agent Inc. reserves the right to terminate, deactivate or delete any member or membership and or accounts or sub account as described in this agreement for any reason without notice. Subscribing member/s and sub members of CENTRAL YACHT AGENT INC. agrees and understands that any use of information obtained from CENTRAL YACHT AGENT INC. including and not limited to images and or content, regardless of its whereabouts shall be deleted from use immediately upon said, Termination, deactivation or expiration of membership/s and or accounts.

Miscellaneous
Use of this Web site by you for spamming is strictly prohibited. By using this Web site, you agree not to use information concerning other users of this Web site, or any items such users have listed or searched for on this Web site (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential brokerage of services offered or sale of the item. You may not post information directed to or collect personal information from any minor.

This Terms of Use agreement is governed by the laws of the State of Florida, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Ft Lauderdale, Florida, U.S.A., in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Central Yacht Agent Inc. as a result of this agreement or use of this Web site. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You shall use this Web site for lawful purposes only. Any conduct by you that in our judgement and discretion restricts or inhibits any other person from using or enjoying our Web site will not be permitted.

You agree that we may, in our sole discretion and without prior notice, terminate your access to the Web site, which includes any discontinuance or material modification of the Web site or any service offered on or through the site, or due to any unexpected technical issues or problems. We reserve the right to deny access to the site at our own discretion. Any and all rights not expressly granted herein are exclusively reserved to Central Yacht Agent Inc.. You agree that Central Yacht Agent Inc. will not be liable to you or to any third party for termination of your access to the site as a result of any violation of these Terms of Use.

Refund Policy
Subscriber payments are non-refundable regardless of how many months in advance an account may have paid ahead.

Questions
If you have further questions that were not addressed in the above policy, please contact us at Central Yacht Agent Inc., Intellectual Property Administrator, 43 S. Powerline Rd #201, Pompano Beach, FL 33069 or general@CentralYachtAgent.com .