COPYRIGHT, LEGAL & USER INFORMATION
This Web Site is provided by The Yacht Brokers Association of America, Inc. (CPYB) and the Certified Professional Yacht Broker (CPYB) program for your use on an as-is basis. CPYB makes no representations or warranties of any kind, express or implied, as to the operation of the Web Site or as to the information, content, materials, or products included on this Web Site. CPYB uses its best efforts to maintain this Web Site but is not responsible for the results of any defects that exist in this Web Site, any outages, interruptions, viruses or other harmful components. You should not assume that this Web Site or its content is error free or that it will be suitable for the particular purpose that you have in mind when using it.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CPYB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CPYB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT, ANY FAILURE BY CPYB TO PROVIDE ACCESS TO OR USE OF THIS WEB SITE, OR ANY OTHER CAUSE WHATSOEVER.
CPYB may, in its sole discretion and at any time, modify or discontinue this Web Site; limit, terminate or suspend a user's use of or access to this Web Site and/or make changes to these Terms of Use.
Because certain jurisdictions to which these Terms of Use may be subject do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may be held to be inapplicable in those jurisdictions. In the event the foregoing limitation of liability is held to be unenforceable for any reason, then CPYB's maximum liability for any of the foregoing types of damages shall be limited to the transaction fee for the transaction that gave rise to the claim.
Copyright & Trademark
Unless otherwise indicated, the documents and information, including, but not limited to, text, graphics, icons, logos, buttons and images, on this Web Site are copyrighted materials of, and owned and controlled by, CPYB or the party credited as the provider of the content. Reproduction or storage of documents and information from this Web Site is subject to the U.S. copyright laws, and other international copyright laws. All software used on this Web Site is the property of CPYB or its software suppliers and is subject to U.S. and international copyright law. You may not modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Web Site. You may not reproduce, modify, distribute, transmit, republish, display or perform any of the content of this Web Site. See below for CPYB's procedures for handling claims of copyright infringement.
The Yacht Brokers Association of America, Inc., YBAA, the CPYB logo, Association of Yacht Sales Professionals, CPYB and Certified Professional Yacht Brokers are trademarks of CPYB. This Web Site contains many third-party trademarks and service marks of participating members, manufacturers and other parties. All marks are the property of their respective holders.
Third Party Content
This Web Site provides content, hyperlinks and references to external web sites of third-parties, including, without limitation, the web sites and material of third-party CPYB members, manufacturers, vendors and suppliers. CPYB neither endorses nor is responsible for the availability, accuracy, currency or reliability of any information, statement, opinion or advice contained in such a third party's Web Site or material. You should use them with caution. It is the responsibility of every user to evaluate the accuracy, currency, completeness or usefulness of any information, statement, opinion or advice or other content available through any third party Web Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, statement, opinion, advice or other content. Any concerns regarding such third-party content should be directed to the third-party. You acknowledge that under no circumstances will CPYB be liable for any loss or damage caused by reliance on information obtained through a third party Web Site. Nothing on this Web Site shall be deemed to be a recommendation of any third-party or to constitute any representation as to a third-party's qualifications, services, products, offerings, information or any other content.
Who May Use?
Users may use this Web Site for their personal or their company's use in order to inform themselves about CPYB, its programs and its members for themselves or for their company and for no other purpose. Other than the foregoing, users may not use this Web Site or post any material to this Web Site that is commercial in nature without the prior consent of CPYB, including, but not limited to, junk mail, spam, chain letters or any other form of solicitation. Users are forbidden to sell, trade or distribute the contents of this Web Site or any data obtained from this Web Site to anyone. In no event may this Web Site be used or linked to by any party charging a fee for access to this Web Site or for access to any information gathered in this Web Site, including, but not limited to, any product or pricing information.
User Guidelines
This Web Site is meant to facilitate an open exchange of information and resources among CPYB members and the public. To enable that exchange, users are required to adhere to these Terms of Use, including the following guidelines for users.
Legal Compliance & Posting Limitations
Users must use this Web Site in accordance with all applicable international, federal, state and local laws and regulations and may not post or transmit anything that would give rise to any civil or criminal liability for any party or otherwise violate any law. Users may not post or transmit anything that violates the copyright, privacy, confidentiality, publicity or intellectual property rights of any person or that reveals any information that should be known to the user to be confidential or proprietary. Users may not post or transmit anything that is false, misleading, defamatory, obscene, indecent, threatening, harassing, harmful or that could constitute an incitement to unlawful conduct.
Antitrust Law Compliance
Users may not post or transmit content regarding pricing, output, refusals to deal, or other conduct prohibited by antitrust and unfair competition laws and regulations. CPYB reserves the right to remove such material, at its sole discretion, and take such other action as CPYB deems appropriate, including reporting to and cooperating with government authorities.
Integrity of the Web Site and its Content
Users may not use, post or transmit any device, software, routine, virus, spam, mass e-mail, commercial material, corrupted data or otherwise attempt to or intend to interfere with or damage the proper working of this Web Site or any activity conducted on this Web Site or to damage or intercept any data or information on this Web Site. Users may not delete or revise any material posted by CPYB or by another user. Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of this Web Site or its content in any way, including, without limitation, by accessing data, servers or accounts for which user's password is not authorized, forging TCP/IP packet headers or payloads or accessing or attempting to access parts of this Web Site restricted to user access.
Passwords
Users who have a password allowing access to non-public areas of this Web Site may not disclose, transmit, post, give away or in any manner share the password with any non-authorized party or use the password for any unauthorized purpose. User agrees to notify CPYB immediately of any unauthorized use of a password or a registration profile.
Responsibility for Content
This Web Site is a passive conduit for users to access information about CPYB, its resources and its members. CPYB makes every effort to keep information on this Web Site up-to-date but, as CPYB depends on members, manufacturers, vendors and other industry sources for information, CPYB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CURRENCY, COMPLETENESS OR ACCURACY OF ANY INFORMATION ON THIS WEB SITE. CPYB does not preview, screen, edit or monitor the information placed on this Web Site by third parties via posting to message boards, e-mail forms or other such mechanisms, though CPYB may do so if it chooses. CPYB, its directors, employees, agents and members, have no control over and take no responsibility for the quality, safety, pricing, desirability, completeness, currency or appropriateness of any information accessed via this Web Site. Nothing on the Web Site shall be deemed to be an endorsement, representation or warranty by CPYB with respect to any user or member.
If CPYB becomes aware that any content posted to its Web Site may violate laws, regulations, or these Terms of Use, in CPYB's sole discretion, CPYB reserves the right to remove such material and take such other action as CPYB deems appropriate, including reporting to and cooperating with government authorities.
Indemnification
User agrees to defend, indemnify and hold harmless CPYB, its officers, directors, employees and agents against and from any third party claims, actions, damages or demands, including but not limited to, reasonable legal and accounting fees, resulting from user's use or misuse of this Web Site, violation of these Terms of Use, or any activities related to this Web Site, or from user's violations of the rights of any other user of this Web Site. Use of this Web Site is at user's own risk.
Privacy Statement
The protection of your privacy is very important to us at CPYB. CPYB does not collect personally identifiable or confidential information about individuals or companies using this website except when such individuals specifically provide information on a voluntary basis, for example, in the registration process areas of this Web Site or when registering as a CPYB member. Personally identifiable information on individual users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection. We do not otherwise track or monitor visitors to this Web Site. The information you give us will be used for the purpose stated when collected.
As CPYB expands the range of options and services available from this Web Site, the collection and use of personal data will also change to serve you better. We therefore reserve the right to modify this Privacy Statement at any time and will post notice of such changes to this Web Site. If you have any questions or concerns about privacy and security at CPYB, please contact the CPYB office.