Last updated: February 25, 2020
Welcome and thank you for visiting thebostonyachthaven.com (the “Site”), a website operated by Boston Yacht Haven Inn & Marina (“BYH”). By accessing or using the Site, you as the user (“you”) agree to be bound by the following terms and conditions (these “Terms”).
Please read these Terms carefully before using the Site. These Terms are a legally binding agreement between you and BYH. These Terms do not purport to supersede any legally binding agreements between you and BYH that are independent from your use of the Site. BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS, INCLUDING THEIR DISCLAIMERS AND LIMITATIONS OF LIABILITY, AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE.
1. Use of the Site
Subject to your ongoing compliance with these Terms, BYH hereby grants you a limited, personal, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Site with a generally available web browser to view the Content (defined below) and use the Site. Any other use of the Site is strictly prohibited and a violation of these Terms. BYH and its licensors reserve all rights not expressly granted in these Terms, including, without limitation, rights of title, ownership, intellectual property and all other rights and interests in the Site, the Content and all related items.
2. Restrictions on Use
Your use of the Site, including all features and functionalities associated therein, shall be in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Site or its Content. You shall comply with these Terms and shall not: (i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works of, or offer for sale, any Content or information contained in or obtained from or through the Site; (ii) delete the copyright or other proprietary rights notices from the Site or any Content; (iii) circumvent, remove, alter, deactivate, degrade or thwart any of the content or other protections enabled on the Site; (iv) use any robot, spider, scraper or other automated means to access the Site or to monitor or copy BYH’s webpages or the Content contained therein; (v) “mirror” or “frame” any Content or the Site itself, in whole or in part; (vi) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site; (vii) use or insert any code or product or manipulate the Site in any way; (viii) use any data mining, data gathering or extraction method; (ix) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site, including any software viruses or any other computer code, files or programs; (x) remove, modify, disable, block, impair, or obscure any advertising in connection with the Site; (xi) use or encourage the use of the Site or its Content for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws and regulations governing intellectual property and other proprietary rights, data protection and privacy; or (xii) assist, encourage or enable others to do any of the preceding prohibited activities. Minors and children shall not access or use the Site.
3. Cessation of Service; Termination
BYH reserves the right to modify, terminate and suspend the operation of the Site, as well as the provision of any or all products, services or Content via the Site, without notice or liability, at any time and for any or no reason in its sole and absolute discretion. The rights granted to you herein shall terminate immediately upon any violation of these Terms, without prejudice to any other rights or remedies of BYH. BYH reserves the right to terminate your access to and use of the Site at any time for any reason without notice or liability to you or any third party.
5. Intellectual Property
All content included or available on the Site, including, but not limited to, all text, graphics, videos, audio recordings, software, algorithms, artwork, interfaces, photographs, logos, icons, and images and the selection and arrangement thereof along with any enhancements to or derivative works thereto, and the features and functionalities of the Site (collectively “Content”), is the exclusive property of BYH or its licensors and is protected by U.S. and international laws. Any use of Content, including reproduction for purposes other than those expressly permitted herein, any modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of BYH is strictly prohibited. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All rights not expressly granted are hereby reserved.
6. Third-Party Services
7. Disclaimer of Warranties
THE SITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED BY BYH ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. To the fullest extent permitted by applicable law, BYH disclaims all representations and warranties, express, implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Specifically, but without limitation, BYH does not represent or warrant that: (i) the Content, information or results on or provided through the Site are correct, accurate, or reliable; (ii) access to and use of the Site shall be uninterrupted or error-free; or (iii) the Site or the server that makes it available is free of viruses or other harmful components or defects or that defects shall be corrected.
8. Limitation of Liability
YOUR USE OF AND ACCESS TO THE SITE AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL BACKBAY OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS (THE “BYH PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE SITE, ANY DELAY IN OR INABILITY TO USE THE SITE, ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE BACKBAY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
NOTWITHSTANDING THE FOREGOING, IF FOR ANY REASON ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY IS HELD UNENFORCEABLE, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BYH PARTIES EXCEED FIFTY U.S. DOLLARS ($50.00). YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, BACKBAY WOULD NOT ALLOW YOU TO ACCESS OR USE THE SITE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.
You shall indemnify and hold harmless the BYH Parties from and against any and all claims, actions, suits, losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of: (i) your access to or use of the Site and its Content; (ii) your actual or alleged breach of these Terms; or (iii) any infringement by you or any other user of the Site using your computer or device of any intellectual property or any other right of any person or entity. You shall cooperate as fully as reasonably required in the defense of any such claim. BYH reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. Each of the BYH Parties is an express third-party beneficiary of this indemnification provision, with full rights to enforce its terms.
10. Governing Law; Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its choice of law rules. Any action, claim or proceeding arising out of or relating to the Site or these Terms shall be brought in the appropriate court located in Boston, Massachusetts. You hereby consent to the exclusive jurisdiction of such court in any such action, claim or proceeding and submit yourself to such jurisdiction.
11. Entire Agreement
These Terms contain the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior and contemporaneous representations, promises, agreements and understandings, whether oral or written, between the parties concerning the subject matter hereof. You may from time to time enter into binding legal agreements relating to certain products or services available through the Site, which may have terms that are different from those of these Terms. In the event of any inconsistency, the terms of such other agreement shall control with respect to such products or services.
12. Waiver; Severability
Any waiver of any provision of these Terms shall be effective only if in writing and signed by BYH. Any failure to enforce any provision of these Terms shall not constitute a waiver of a future breach of that or any other provision of these Terms. If any provision of these Terms is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.
BYH may, in its sole discretion, revise these Terms at any time with or without additional notice to you. Such revised Terms shall be effective when posted on the Site. You should revisit these Terms on a regular basis, as revised versions will be binding upon you. You understand and agree that your continued access to or use of the Site after the effective date of changes to these Terms indicates your acceptance of such revisions.