Current as of August 6, 2019
Links to Third-Party Websites: This Website may contain links to websites that are maintained and controlled by third parties and not by BP. The third parties maintaining and operating such websites are solely responsible for their websites' content. We disclaim all liability for any information, materials, products, or services available on or offered through such third-party websites. We provide links to third party websites solely as a convenience to you, but we do not endorse or sponsor any third party or their products or services. Availability of a link to a third-party website from this Website does not create an affiliation or partnership between BP and any third party. You should also be aware that third parties have different terms and conditions and privacy policies governing use of their websites and may treat your personal information differently than BP does. We remind you to always use good judgment and discretion whenever browsing the Internet, especially when making purchases, obtaining information, or transmitting information.
Types of Users of the Website:
User By using the Website as a User you affirm that you are at least 18 years of age and are able to enter into a legally binding contract. As a User, you acknowledge that while we use techniques to help verify the identity of Businesses when they register for memberships or subscriptions on our Website, we cannot and will not guarantee each Business’s identity, capabilities, that it has obtained all required permits, licenses or consents, or that it complies with all applicable laws. We do not endorse any particular Business nor do we guarantee the quality of their goods or services. You should use our Website as a starting point for identifying organizations that provide the products and services you need, then conduct your own research to ensure the service providers you choose to do business are appropriate for you.
As a Business you acknowledge that we will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Users. We are not responsible for assisting you in providing goods and services to Users. Your membership or subscription to our Website may not be transferred or sold to another party.
As a Business you must list the true and correct name of your business on the Website. If there is a change to that business name, Businesses must promptly update the Website and may need to provide additional documentation for proof of name change. Businesses who engage in the sale of goods and services must have a valid business operations license, as applicable. By joining our Website, you agree to (i) provide us with accurate, complete information about yourself and to update this information as needed, (ii) safeguard your username and password, and (iii) be responsible for all activity of your account.
We may offer different types of paid and free memberships or subscriptions. For instance, we may offer “Basic,” “Free Trial,” “Lite,” or other unpaid Business memberships. These unpaid Business memberships do not guarantee any advertising placement or other benefits. We reserve the right to modify the terms of or cancel any such unpaid Business memberships. We may also offer memberships or subscriptions for which a Business pays (“Paid Subscriptions”). Additional terms and conditions described in the Terms of Purchase apply to such Paid Subscriptions, and are made a part of this Agreement by reference. If there is a conflict between this Agreement and the terms for any service offered on or through the Website, such as Paid Subscriptions, the latter terms shall control with respect to your use of that portion of the Website
Businesses: Businesses with valid Business accounts may opt into additional paid services (“Premium Services”). Such Premium Services will be subject to additional terms.
We may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time at our sole discretion. In order to optimize the Website, we are constantly testing new initiatives and product offerings and may change the operation of the Website, including the order and manner in which advertisements appear on it, the way that services are delivered, and the way that new customers are charged for services. You agree that we may test, implement, remove or modify features on the Website at any time without notice.
Payments for Fee-based Programs. If you opt-in to a fee-based program, you irrevocably and expressly authorize us to debit or credit, as applicable, any monies to the account that you have identified. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Website. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated below and we may suspend or terminate your access to any such fee-based program upon any payment default.
You irrevocably and expressly authorize us to withhold any monies and/or debit any monies from any account that you have identified for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to us. We reserve our rights to all actions and remedies in connection with any monies owed to us. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.
Billing Policies. You are responsible for paying any and all applicable fees as set forth in any agreement entered into (i) through the Website (including for any mobile application or goods or services provided by a Business to a User (a “User Provided Service”) or (ii) by clicking through to another digital property or mobile application that requires payment, and applicable taxes associated with the Website in a timely manner with a valid payment method. Unless we state in writing otherwise, all fees and charges are nonrefundable and all fees are quoted in U.S. Dollars. All payments must be made by the methods specified within the Website. If you want to use a different debit or credit card, or there is a change in debit or credit card validity or expiration date, or if you believe someone has accessed the Website using your user name and password without your authorization, you must contact [email protected].
Unpaid Fees. If, for any reason, any fees you owe us have not been received or in any manner realized by us (“Unpaid Fees”), you agree to pay such Unpaid Fees immediately. In addition, we may charge interest, in the amount of 2.0% per month (or the maximum amount allowed by law), on any unpaid account balance that you maintain. Any partial payments made by Users will first be applied to the most recent fees owed to us, including interest. We reserve the right to waive or reduce the amount of any Unpaid Fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us, in our sole discretion, to make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. Notwithstanding the foregoing, the Company agrees that it will not charge any late fees or interest to a User’s credit card.
Correcting Mistakes in Payments to Businesses and Users. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous refund or reimbursement. Users will look solely to other Users (including Businesses) to resolve any payment errors made by such User, and we will have no liability for such errors.
Parties Relationship. The applicable User, and not the Company, is responsible for delivering any purchased goods or providing any services. If you, as a User, choose to enter into a transaction with another User, you agree and understand that you will be required to enter into an agreement with such User and agree to any terms or conditions which may be imposed by such User. As a User, you acknowledge and agree that you, and not us, will be responsible for performing the obligations of such agreements, except as otherwise expressly set forth in this Agreement.
Charges on Your Account. You are responsible for all charges incurred under your account made by you or anyone who uses your account. If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any taxes imposed on your use of the Website or any services contained therein (including for any Business Provided Service), including, but not limited to, sales, use or value-added taxes. To the extent we are obligated to collect such taxes, the applicable tax will be added to your billing account.
Authorization; Payment Processing. You expressly authorize us to debit or credit any monies from the payment method you have chosen. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Website; provided, however, that such notice will not affect charges submitted before we could reasonably act. The Business shall be responsible for all fees associated with the processing of the payment method, including payment processing and associated bank fees.
Automatic Membership Renewal (“Auto-Renew”). If you are a Business and you enter into a Terms of Purchase (TOP) / Terms of Sale (TOS) agreement with us, any terms in those TOP /TOS documents relating to automatic renewal or the explicit lack thereof, will prevail. Absent such terms, Business memberships may renew automatically for successive periods. Without limiting the foregoing, if you sign up, upgrade or renew your membership, you are automatically entered into our auto-renew program unless otherwise specified in the applicable terms or agreement. This means that, unless otherwise specified in the applicable terms or agreement, we will charge your selected payment method at the start of each new membership term and during the membership term. To avoid having fees billed for the renewal term to your selected payment method, you must cancel your subscription before it renews as indicated in the applicable terms or agreement. You may cancel your membership by contacting us at [email protected]. If you are enrolled in a monthly or other periodic payment plan and you decide to cancel during the membership period, you acknowledge and agree that, unless otherwise agreed in writing, you may continue to be billed on a monthly or other applicable periodic basis until your originally scheduled membership expiration date. Renewal pricing terms are subject to change, with notice, prior to the beginning of the next billing period.
Unauthorized Use: BP's primary goal is to facilitate and promote aspects of the boating industry, including travel needs associated therewith, and all user activities and content posted by users must be consistent with this goal. You agree not to use the Website for any illegal purpose, including, without limitation, transmitting any information that is unlawful, libelous, harassing, abusive, threatening, obscene, hate speech, illegal, invasive of another's privacy, or includes another person's or organization's identification information or sensitive financial information without permission, that promotes violence or self-harm, or that violates the rights of others. You also agree not to collect BP users' content or information using automated means without permission, to conduct unlawful, multilevel marketing such as pyramid schemes, to upload viruses or other malicious code, to attempt to obtain login information and other nonpublic user data belonging to another BP user, to use the Website in a way that is unlawful, misleading, malicious, harmful, or discriminatory, or to do anything that could disable or impair the proper working of the Website. You also agree only to use this Website for your own personal and internal business purposes and not to make any unauthorized commercial use of this Website or any information contained therein. BP will be the sole judge of whether user content and/or activity is consistent with BP standards. BP may remove content that it considers objectionable, and, in cases of suspected illegal activities, BP may notify law enforcement agents as appropriate.
Our Intellectual Property: You acknowledge and agree that BP, our licensors, and/or our service providers own and retain all rights to this Website and its content, including without limitation, all images, text, software, photos, sound recordings, graphics, and videos. You may access and use the foregoing only for your own internal, informational, noncommercial purposes as expressly permitted under this Agreement. You may not copy any of the material on this Website, upload, post, publish, transmit, or distribute it in any way, or create other works based on it, without BP's prior written consent. You may, however, make copies incidental to, and in the ordinary course of, your personal or internal business use of this Website, provided you do not remove or alter any copyright, trademark, or other notices or disclaimers.
Copyright Protection: We respond to notices of alleged copyright infringement and terminate accounts and postings of infringers (and repeat infringers) according to the process set out in the U.S. Digital Millennium Copyright Act. If you think someone is violating your copyrights and want to notify us, please contact us at [email protected]boatplanet.com.
If you are a website that links to ours and you object to our website embedding or linking to your media on our website, please let us know and we will work with you to address the situation promptly, including removal of such links or embedded material if necessary.
Your Content in Our Services: Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. When you upload, submit, store, send, or receive content to or through BP's Services, you provide BP (and our licensors and/or our service providers) with a worldwide, royalty-free license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes we make so that your content functions in a preferred fashion in accordance with our Services), communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant to BP and our licensors and/or our service providers as part of this license are for the limited purpose of operating, promoting, and improving BP's Services, and to develop new services for customers like you. This license will continue even if you stop using our Services. For example, if the user is a photographer and uploads his/her photographs to the Website, BP recognizes that the user is still the owner of the photographs. At the same time, BP also recognizes (and the user, by using the Website, agrees) that BP has the right to use such photographs in promotion of the Website, for example in marketing materials, without payment to the user.
The user also allows everyone, including all other BP users and people unconnected to BP, to access and use that Website posted information and to associate it with the user (e.g., the user's name and profile picture). When a user modifies or deletes data from the BP website, the original data may still be present in backup copies for a reasonable period of time and potentially could be restored to the Website if the backup copy is reinstalled because of a system failure. When a user terminates a BP account, the data may still be present in back-up copies, but will no longer be available to others. Additionally, when a user modifies or deletes data from the BP website or terminates a BP account, BP reserves the right to hide such data from public view but to retain administrator access and privileges to such data for as long as BP deems necessary and reasonable. If a user desires to delete data permanently from the BP website, the user may make such a request to BP in writing, which request BP will reasonably consider but reserve the right to retain backup copies in any event. When a user submits feedback and suggestions regarding the Website, the user gives BP the right to use the submitted information as BP sees fit without compensation or any other obligations.
Some of our Services may offer you ways to access and remove content that has been provided to us and on the website. Also, in some of BP's Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services, enabling you to control to some extent how the content can be used. Notably, our systems may analyze your content (including postings) to provide you personally relevant features, customized search results, tailored advertising, and spam and malware detection. This analysis occurs when the content is sent and received, and later stored. You can modify or delete posted content, you can terminate your BP account, and you can report to BP any perceived inappropriate site content or activities by other site users. BP may consider and take actions based on these reports, but assumes no responsibility to do so.
Use of the Website: By using the Website, you agree:
BP's Administrative Rights: By agreeing to the Terms set forth herein, you acknowledge and agree that BP has certain rights with respect to the administration of the Website and the content located therein. Among other things, you acknowledge and agree that: (1) BP administrators have the right to flag existing profiles as sponsors for items, including but not limited to the right to edit the members' profile pages and associated profile elements and content to reflect their agreed status as a sponsor or advertiser or featured user, profile and profile elements such as path, works, quotes, viewpoints, stories locations, influences, events, etc., or to remove and delete sponsors or advertisers or featured user or item as appropriate; (2) BP administrators have the right to edit content on any and all of the Website's pages, including but not limited to banner advertisements, user descriptions of items such as events, stories, works, etc., and to place restrictions on the types and amount of permissible content, including imposing character limitations; (3) BP administrators have the right as appropriate to delete user profiles, to place user profiles on hold, to notify users of inappropriate content, to access users' emails addresses to send communications to said users, and to sell or use users' email addresses for other purposes, provided that users are able to opt out of such sale or alternate usage of their email addresses; (4) BP administrators have the right to delete items on the Website and to edit content associated therewith, to place restrictions on the types and amount of permissible content, to place items such as profiles on hold, and to notify associated users of impropriate content. BP reserves the right to delete or modify all user data.
Disclaimer of Warranties. While BP tries to ensure that the information on this Website is accurate and up-to-date, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
BP MAKES NO WARRANTY OR REPRESENTATION THAT (A) THE WEBSITE WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS; (C) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE, OR RELIABLE; (D) THE QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE INFORMATION OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND BP IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS, INCOMPATIBILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. BP IS PROVIDED AS IS, WITHOUT ANY IMPLIED WARRANTIES.
Limitation of Liability. YOU AGREE THAT BP WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY HARMS, INJURIES, OR CLAIMS FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE WEBSITE; (B) THE COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY PERSON USING OR ACCESSING THE WEBSITE; (E) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; OR (F) ANY OTHER MATTER RELATING TO THE WEBSITE OR YOUR USE OF OR ACCESS TO THE WEBSITE.
Indemnification. EXCEPT WHEN CAUSED BY OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, YOU AGREE TO INDEMNIFY, PROTECT, AND FULLY COMPENSATE BP AND OUR SERVICE PROVIDERS AND LICENSORS FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES, AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) CAUSED BY OR ARISING FROM YOUR USE OF OR ACCESS TO THIS WEBSITE, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
Entire Agreement. This Agreement sets forth the entire agreement between you and BP regarding your access to and use of the Website and supersedes all prior agreements regarding your use of and access to the Website. You acknowledge and agree that no practice or course of dealings between you and BP, nor any oral representations by any of our representatives, which are different than the terms of this Agreement shall constitute a modification or amendment of this Agreement. In the event that any provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be reformed and interpreted so as to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
Choice of Law and Venue. This Agreement will be governed by the laws of the State of Missouri and applicable federal law, without reference to the conflicts of law principles of the State of Missouri. For purposes of any action or proceeding arising out of this Agreement, you hereby consent and submit to the personal jurisdiction of all federal and state courts serving St. Louis County, Missouri, and agree not to raise any objections based on lack of personal jurisdiction of such courts, improper venue in such courts, or inconvenience of the forum.