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Terms of Use


YOUR USER AGREEMENT

Welcome to boatbeyond.com (the "site").  The site is owned and operated by Go Beyond, LLC, a Colorado limited liability company ("GO BEYOND").  By using the site, you are agreeing to the terms of this User Agreement (the "Agreement").  If you do not wish to be bound by the Agreement after you have read it, please leave the site.  If you remain on the site, or return thereafter, you agree to be bound by the Agreement.  We reserve the right to amend the Agreement from time to time without notice and at our discretion.  It is your responsibility to periodically review the link to the Agreement on the site for updates to the Agreement, which shall come into effect once posted.

Investigation

You are responsible for conducting your own investigation regarding any and all claims made by persons using this website. You assume all liability for use of any information you find on the site or in any GO BEYOND publication.  GO BEYOND assumes no responsibility and in no way warrants the accuracy of the information contained in any of the pages published on the site.

Refund Policies

Any item rented or sold through the site is subject to the refund and cancellation policies of the owner of the item.  GO BEYOND recommends that prospective purchasers or renters ask for and receive a written notice of the owner's refund and cancellation policies from the owner.  GO BEYOND is not responsible for the refund of any amounts paid to any other user of the site.

Waiver and Release

None of the information contained on the site is confirmed or warranted by GO BEYOND.  Confirmation of information published on the site is the sole responsibility of the renter or purchaser.  Terms of sale and qualification of renters is the sole responsibility of the owner of the item or the owner's agent.

YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK.  THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. THIS SITE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER GO BEYOND NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT VIA THIS SITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.

You will not hold GO BEYOND responsible for other users' actions or inactions, including things they post. You acknowledge that GO BEYOND is a venue to allow anyone to offer to rent, sell, and purchase marine goods and services. GO BEYOND is not involved in the actual transaction between renters, purchasers, and owners. GO BEYOND has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of owners to sell or rent items, the ability of purchasers or renters to pay for items, or that a purchaser, renter, or owner will actually complete a transaction.

GO BEYOND does not transfer legal ownership or possession of items listed on its site, and nothing in this agreement shall modify the governing provisions of Colorado's Uniform Commercial Code (C.R.S. § 4-2-401(2)) or any other state's Uniform Commercial Code, under which legal ownership of an item is transferred upon physical delivery of the item to the purchaser by the owner. Unless the purchaser and the owner agree otherwise, the purchaser will become the item's lawful owner upon physical receipt of the item from the owner. GO BEYOND is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our site.
Regardless of the previous paragraph, if GO BEYOND is found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

If you have a dispute with one or more users, you release GO BEYOND (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Membership Cancellation Policy

GO BEYOND rental listings run on a monthly or annual basis. Due to the low cost of listing an item on the site and other benefits of exposure on the site, GO BEYOND will not offer refunds. Sorry, but no refunds on second or subsequent listings.
Owners of items are responsible for investigating and adhering to all local regulations including, but not limited to, permits, licenses, insurance, taxes, and safety compliance.

Removing Item

If you wish to remove your item from the market, we can temporarily inactivate the GO BEYOND listing and reactivate it at a future date. Your GO BEYOND listing stays in force through the original term and the renewal date does not change (the renewal date will not be extended during the time that the item is off the market).  No refunds will be given if you remove an item from the market for any reason.

Spamming Policy

GO BEYOND does not participate in or tolerate the sending of Unsolicited Commercial Email (SPAM) - GO BEYOND reserves the right to cancel (without refund) any member that  mentions GO BEYOND or any of its associated websites, URLs, or any associated GO BEYOND email address in any SPAM e-mail message or Usenet posting. GO BEYOND is the sole judge in determining what constitutes SPAM.

Inquiries

Inquires are delivered via Internet email from a link that originates on the site and are not to be considered private. Internet e-mail delivery is not 100% reliable and GO BEYOND cannot be held responsible for undelivered inquiries or for missed income as a result of undelivered inquiries.  Generally, you will provide your e-mail address to another user of the site, and further communication will take place without any involvement or interference from GO BEYOND.  GO BEYOND, at its own discretion, may supply to potential renters or purchasers the direct e-mail address and or phone number of GO BEYOND advertisers for the purpose of making an inquiry.

Membership Policies

GO BEYOND reserves the right to reject or edit any ad submitted at our sole discretion. Once material has been submitted, edited and posted on the site, it becomes the property of GO BEYOND and may not be copied from the site without written permission.  By using the site, you accept the terms of the site's Privacy Policy.

Compliance with Local Laws

Item owners are responsible for investigating and adhering to all local regulations including, but not limited to permits, licenses, insurance, taxes, and safety compliance.

Responsible Conduct

All users agree to act responsibly in using the site, and agree that:

  • Users are solely responsible for the content and information published, displayed or otherwise communicated in any manner (hereafter “post”) on the site.
  • Users will not post on the site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
  • Users will use the service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws.  You are not located in, under the control of, or a national or resident of any county which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders.  Use of, the service is void where prohibited.
  • Users will not provide inaccurate, misleading or false information to the any other user.  If information provided to the on the site, subsequently becomes inaccurate, misleading, or false, you will promptly notify all users of the inaccuracy of such information by modifying your listing on the site.
  • You will not use the site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the site.
  • Renters or purchasers will not fail to deliver payment for items purchased unless the owner has materially changed the item's description after a bid or offer is submitted, a clear typographical error is made, or the owner's identity cannot be authenticated.
  • Item owners will not fail to deliver items rented or purchased, unless the renter or purchaser once a binding agreement has been reached unless the item owner is unable to authenticate the purchaser's or renter's identity.
  • You will not manipulate the price of any item or interfere with other user's listings.
  • You will not distribute or post spam, chain letters, or pyramid schemes.
  • You will not distribute viruses or any other technologies that may harm GO BEYOND, or the interests or property of other users of the site.
  • You will not harvest or otherwise collect information about users, including email addresses, without their consent.
  • You will promptly report to GO BEYOND any violation of the Terms of this Agreement by other Registered Users.

Termination or Suspension of Users

Without limiting other remedies, GO BEYOND shall have the right, but no obligation to,  limit, suspend, or terminate our service and user accounts, prohibit access to site, remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.  GO BEYOND does not have any obligation to take action against any user, and its failure to take action against a user for any reason shall not subject GO BEYOND to liability.  Users of the site waive any right to take action against GO BEYOND for any reason.

Indemnity

You will indemnify and hold GO BEYOND (and its officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Agreement, or your violation of any law or the rights of a third party.

By using or continuing to use the services of GO BEYOND, you agree to the terms and conditions of this disclaimer.