Boatsell.ca and Boatsell.com and Searoom Communications and 115258 Canada Inc.,
("The Service") make no guarantee how many
visitors will view your ad. The Service also makes no
guarantee that your item will sell as a result of advertising
on our website.
All pictures posted or modified by The Service
will be compressed to a level no larger than 60 kilobytes. No
file submitted to or by The Service shall exceed
60 kilobytes, unless prior arrangements have been made.
All pictures will be displayed as submitted to
The Service, without modification on our part. We reserve the right to display any
and all pictures in a thumbnail format, which permits display
of the image in smaller sizes based on the design of the site. Any and all photographs posted to this website,
become the sole property of The Service.
The Service does not guarantee 100% uptime of
our website. If any technical problems (eg: our hosting
service encountering a
technical problem or our scripts malfunctioning) result in your ad
being unable to be displayed for any amount of time,
The Service will not be liable for any damages that you
may incur as a result of such technical issues. In the event of
such issues, The Service reserves the right, at
our sole discretion, to extend your ad ending date. No refunds
will be issued or given.
It is your responsibility to place your ad in the appropriate category.
Place and/or purchase items in this database at your own
risk. Boatsell.ca is a site open to the entire
Internet. The Service is unable to prohibit activity by mischievous or
malevolent individuals. You agree to hold harmless The Service, their
officers and agents for any and all damages, fees, fines, or
losses that may incur as a direct or indirect use of this
system.
The Service reserves the right to
modify or discontinue the Service , temporarily or permanently,
with or without notice to User. User agrees that
The Service shall not be liable to User or any
third-party for any modification or discontinuation of the
Service.
The Service reserves the right to retain your ad on our website for
an indefinite period of time once it has been posted. The
specific ad shall not be modified after the expired paid ad
period of time, except by The Service. This is
usually the case when an ad is marked as sold.
Post only ads for boats in this classified system. By
using the The Service, you agree that the
information you submit is accurate and does not advertise or
promote any illegal or unethical activities.
Do not use our email system to spam our customers. If it is
determined that you have done so, we will report you to the
abuse department of your ISP/Hosting provider and take all
necessary steps, technically, legally and financially, to
prevent you from repeating the offense.
The Service reserves the complete right to arbitrarily and
capriciously delete or modify any ads which we feel are not
related to this site, or have been cross-posted, or when any
field post length, in our sole judgment, is deemed too lengthy
or blatantly posted in the wrong category. Any comments that are posted with your ad that
in our judgment are deemed to
be negative in nature relating to The Service will be removed
without notice unless we choose to notify you. We reserve the right to
disable/delete any account/ad where comments are determined to
be negative against The Service in which case no refund will be issued.
ANY links or URLs posted with your ad are subject to
removal without notice by The Service. This
includes, but is not limited to, ads with links or URLs posted
in them that solicit sales and/or business and/or are posted
for the purpose of generating traffic to any site or
server.
You must post your ad within FIVE (5) days of signing up.
Your account and ad are valid from your sign up date, not your
posting date. If you sign up an account and do not post your
ad within 5 days, we reserve the right to remove your account
without notice and without refund.
All ads will
remain on the site until the vessel is reported by you to have been sold or
for twelve (12) months.
You agree to notify us
(The Service) at the end of your contract period as to
whether or not your vessel has been sold. It is your
responsibility to advise us if the vessel has not sold. If you do not
so advise us, we reserve to right to remove said ad without
notice.
Please read our Privacy Statement. We do not share your email address
or personal information with any third party. We do provide a
contact form within each ad listing to enable a visitor to contact
you. Your email address within the form is
completely hidden from anyone viewing the listing or using the form.
The only way anyone may get your email
address is if you choose to respond to the message that is delivered
to you by the form.
Any violation of these terms will result in the
cancellation of your account. This will effect your account
access to add, add to, modify, or delete your advertisement,
though your ad may or may not remain on our website.
DISCLAIMER, INDEMNITY AND WARRANTIES
The Service AND ITS AFFILIATES DISCLAIMS ANY
WARRANTIES EXPRESSED OR IMPLIED ON GOODS OR SERVICES LISTED ON
THE SERVICE. SELLERS ASSUME ALL RISK ON LIABILITY ARISING FROM
THEIR OFFER FOR SALE OF ANY ITEM.
The Service AND ITS AFFILIATES CANNOT BE LIABLE
FOR THE ACCURACY OF THE INFORMATION CONTAINED IN THE WEB SITE,
OR THE CONTENTS OF ANY ADVERTISEMENTS, OR FOR THE CLAIMS OR
OMISSIONS THEREIN. THE SERVICE SHALL NOT BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
The Service MAKES NO WARRANTY THAT THE WEB SITE
WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
The Service MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE SERVICE, OR THAT DEFECTS IN THE
SERVICE OR SOFTWARE WILL BE CORRECTED.
USER AGREES TO INDEMNIFY AND HOLD The Service,
AND THEIR AFFILIATES HARMLESS FROM ANY CLAIMS, INCLUDING
ATTORNEYS' FEES, MADE BY ANY THIRD PARTY, DUE TO OR ARISING
OUT OF USE OF THE SERVICE, USER'S CONNECTION TO THE SERVICE,
OR USER'S VIOLATION OF THIS AGREEMENT.
THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT BETWEEN
The Service AND USER WITH RESPECT TO THE SUBJECT
MATTER HEREOF AND SUPERSEDES ALL PREVIOUS REPRESENTATIONS,
UNDERSTANDINGS OR AGREEMENTS AND SHALL PREVAIL NOTWITHSTANDING
ANY VARIANCE WITH TERMS AND CONDITIONS OF ANY OTHER PRIOR
WRITING BETWEEN THE PARTIES. IF ANY PROVISION OF THIS
AGREEMENT IS HELD TO BE INVALID BY A COURT OF COMPETENT
JURISDICTION, THEN THE REMAINING PROVISION SHALL NEVERTHELESS
CONTINUE IN FULL FORCE AND EFFECT. CUSTOMER MAY NOT TRANSFER
OR ASSIGN THIS AGREEMENT WITHOUT The Services'
PRIOR WRITTEN CONSENT. THIS AGREEMENT SHALL BE GOVERNED BY THE
LAWS OF THE PROVINCE OF ONTARIO AND ALL CLAIMS CONCERNING THIS
AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE PROVINCIAL OR FEDERAL
COURTS LOCATED IN THE COUNTY OF YORK IN THE PROVINCE OF
ONTARIO. THE PARTIES HEREBY CONSENT TO SUBMIT TO THE
JURISDICTION OF SUCH COURTS AND WAIVE ANY PERSONAL
JURISDICTION OR VENUE DEFENSES CONCERNING SAID FORUM.
WE RESERVE THE RIGHT TO CHANGE OR MODIFY THIS AGREEMENT AT
ANY TIME WITHOUT NOTICE.
