This chapter will cover what one needs to do if something goes wrong or an emergency presents itself, identify when another boater requires assistance, how to properly render assistance, the regulations regarding accident reports, what to do if one goes overboard, the dangers of cold water immersion, how to survive being submerged in cold water, how to respond when one's boat runs aground or catches on fire.
This privacy policy is intended to provide information to users of Boater's Academy's websites, and users of the services provided by Boater's Academy, about how Boater's Academy uses, stores, and protects information associated with such users. By using any of the websites or services of Boater's Academy, you represent and warrant that you have read and understood this privacy policy, and agree to its terms.
Effective Date Of Policy
The effective date of this privacy policy is 01/01/2018. Boater's Academy reserves the right, at any time and without notice, to add to, update, change, or modify this privacy policy by posting a new version on this page.
Information Collected By Boater's Academy
When you access Boater's Academy websites, Boater's Academy automatically gathers information that most web browsers automatically make available. This information may include IP addresses, Internet domain names, and types of devices and web browsers accessing Boater's Academy websites. Such information is anonymous and is not meant to personally identify you.
Boater's Academy websites also use cookies, which are files that are placed on your computer when you visit Boater's Academy websites. The purpose of cookies includes identifying you as a unique user of Boater's Academy websites and services, tailoring your experience on Boater's Academy websites, and enabling third-parties (such as Google) to optimize and serve advertisements to you.
If you do not wish to have cookies placed on your computer, you have several options, including: (a) not accessing Boater's Academy websites or using Boater's Academy services; (b) setting your web browser to refuse cookies; and (c) opting out of or customizing the use of third-party cookies through various websites operated by such third parties or by others (i.e., Google, Facebook, and Network Advertising Initiative). Please note that blocking or customizing the use of cookies may affect your experience on Boater's Academy websites or with Boater's Academy services.
If you decide to use certain features of Boater's Academy websites or services (such as ordering a product or service), you will be asked to provide certain personally identifiable information, which can include your name, phone number, email address, mailing address, credit/debit card number and expiration date, and social security number. You are under no obligation to provide such information, but refusing to do so may prevent your ability to use certain features of Boater's Academy websites or services.
How Boater's Academy Uses The Information It Collects
With respect to non-personally identifiable information automatically collected from you when you access Boater's Academy websites and information gathered through the use of cookies, Boater's Academy uses such information to: (1) help diagnose problems with our server and administer our websites; (2) track the usage of our websites so we can better understand who is using our websites and services and how they are using them; and (3) share with advertisers to help them better understand our services and the preferences of our customers.
Boater's Academy may combine certain demographic information obtained from you when you use certain features of Boater's Academy websites or services (such as registering or ordering a product or service) with site usage data to provide profiles, in aggregate form, about our users and their preferences. The aggregate, composite information may be shared with our advertisers.
The personally identifiable information you voluntarily provide to Boater's Academy when you decide to use certain features of Boater's Academy websites or services (such as registering or ordering a product or service) may be used for the following purposes: (1) contacting you regarding Boater's Academy's products or services, including those which you have ordered or requested; (2) billing you for the products or services your ordered or requested; (3) providing the information to third parties such as shipping companies, merchant account and payment gateway service providers, governmental entities, and our product and service distributors to the extent necessary to provide the products and services that you order or request; (4) providing the information to those who assist Boater's Academy with providing its products and services; (5) providing the information when required to do so by law or if necessary to protect the property or rights of Boater's Academy, third parties, or the public; (6) providing the information to a successor of Boater's Academy in the event of a merger, acquisition, bankruptcy, or sale of Boater's Academy's assets; and (7) providing the information to consumer credit reporting services, collection agencies, attorneys, and others in the event you fail to pay any amounts owed to Boater's Academy.
In disclosing your personally identifiable information, Boater's Academy will disclose only so much of the information as is necessary to provide the products and services that you request or order.
Security Of Information Provided To Boater's Academy
Boater's Academy takes security seriously and uses commercially reasonable safeguards to protect against the unauthorized access, use, modification, destruction or disclosure of any information you provide to us. However, Boater's Academy cannot guarantee that any information provided to us or obtained by us will not be accessed, hacked, disclosed, altered, or destroyed by unauthorized parties.
Children's Privacy
Boater's Academy does not solicit or knowingly collect personal information from children under the age of 13. If Boater's Academy obtains actual knowledge that it has collected personal information from a child under the age of 13, we will delete such information from our database. Because Boater's Academy does not collect personal information from children under the age of 13, we have no such information to use or disclose to third parties.
Parents of minors of any age may contact our Privacy Coordinator at the mailing address or e-mail address indicated below in order to: (1) access personally identifiable information Boater's Academy has collected from their child; (2) correct or modify such information; (3) request to have such information deleted; and (4) request that we no longer collect or maintain such information.
How To Request Changes To The Personally Identifiable Information We Collect
You can review and request changes to the personally identifiable information that Boater's Academy has collected from you by contacting our Privacy Coordinator at the mailing address or e-mail address indicated below.
Do-Not-Track Disclosure
Boater's Academy does not respond to "Do Not Track" signals sent by browsers.
Consent To Receive Communications
By providing your name, email, mailing address, and/or phone number to Boater's Academy, you consent to receive electronic and other communications from Boater's Academy. You may opt out of receiving electronic communications at any time by: (a) following the unsubscribe instructions contained in each communication; or (b) by contacting our Privacy Coordinator at the mailing address or e-mail address indicated below.
Third-Party Websites
Boater's Academy is not responsible for the content of websites operated by third parties to which it may provide links on Boater's Academy's websites or for the websites of advertisers. Such third parties and advertisers may also have privacy policies that are different from this privacy policy. Therefore, you should inform yourself of the privacy policies and practices of any websites of third parties or advertisers.
Contacting Us
If you have any questions about this privacy policy, Boater's Academy websites, or Boater's Academy products and services, please contact our Privacy Coordinator at the mailing address or e-mail address indicated below:
Boater's Academy
Attn: Privacy Coordinator
P.O. Box 5143
Virginia Beach, VA 23471
support@boatersacademy.com
Introduction
Welcome to Boater's Academy. This website is owned and operated by enLearned LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (the "User Agreement").
This User Agreement is in effect as of 01/01/2018.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (the "Resources"), you agree to use the Resources only for the purposes intended as permitted by (a) the terms of this User Agreement; and (b) applicable laws, regulations and generally accepted online practices and guidelines.
You agree that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, payment information, and other information) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any illegal, automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you and you may incur criminal or civil liability for such unauthorized activities.
g. We may provide various open communication tools on our website, including but not limited to blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, and various social media services. We do not always pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a legal, responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any person or entity;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any Boater's Academy employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and waive any claim against us for such removal.
h. We do not assume any liability for any content posted by you or any other third party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any third party copyrights or trademarks, becomes the property of enLearned LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. The foregoing only applies to content posted via open communication tools, and does not apply to information that is provided as part of the registration process as part of your use of the Resources.
i. You agree to indemnify and hold harmless enLearned LLC, Boater's Academy, their parent company/companies and affiliates, and their directors, officers, managers, employees, agents, successors, assigns, and licensors (collectively, the "enLearned LLC Parties"), from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
The enLearned LLC Parties expressly disclaim any and all warranties, express or implied, regarding the Resources, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, quality, accuracy, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice.
The Resources are provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the user.
The enLearned LLC Parties do not warrant that the Resources will fulfill any of your particular purposes or needs, or that the operation or use of the Resources will be uninterrupted or error-free. The enLearned LLC Parties disclaim all implied liability for damages arising out of the furnishing of the Resources pursuant to this User Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Resources, whether caused by acts of commission or omission, or any other damage occurring.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that your potential recovery for any claim against the enLearned LLC Parties arising from or relating to the Resources or this User Agreement shall be limited to the amount you paid, if any, for use of products and/or services. The enLearned LLC Parties will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using the Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime.
Copyrights, Trademarks, and License
Subject to your compliance with this User Agreement, the enLearned LLC Parties grant you a non-exclusive, non-sublicensable, revocable as stated in this User Agreement, non-transferable license to access the Boater's Academy websites, and to use the Resources. The Resources, including any portion of Boater's Academy websites, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior, express written consent of the enLearned LLC Parties. All rights not expressly granted in this User Agreement are reserved by the enLearned LLC Parties. Without limitation, this User Agreement grants you no rights to the intellectual property of the enLearned LLC Parties or any other party, except as expressly stated in this User Agreement. The license granted in this section is conditioned on your compliance with this User Agreement. Your rights under this section will immediately terminate if you breach, actually or potentially, in the sole judgment of the enLearned LLC Parties, any provision of this User Agreement.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship with Boater's Academy and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Privacy Policy
By using or accessing Boater's Academy websites and the Resources, you represent and warrant that you have read and understood the Privacy Policy, which is incorporated by reference into this User Agreement, and agree to be bound by its terms. The Privacy Policy is available at http://boatersacademy.com/index#privacy.
Dispute Resolution, Governing Law, Attorneys' Fees
This User Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of law principles.
Any and all claims, actions, demands, causes of action, and other proceedings ("Claim" or "Claims") involving you and any of the enLearned LLC Parties arising from or relating to the Resources or this User Agreement shall be heard in a court or courts of competent jurisdiction in Virginia Beach, Virginia. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
You agree that any Claim you bring against any of the enLearned LLC Parties will only be in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If any of the enLearned LLC Parties initiates a Claim against you arising from or relating to the Resources or this User Agreement, the enLearned LLC Parties will be entitled to recover from you their reasonable costs and attorneys' fees incurred as a result of such Claim. If you initiate a Claim against any of the enLearned LLC Parties arising from or relating to the Resources or this User Agreement, and any of the enLearned LLC Parties prevail on such Claim, the enLearned LLC Parties will be entitled to recover from you their reasonable costs and attorneys' fees incurred as a result of such Claim.
REFUND POLICY
Refunds will only be issued in the event that you are unable to access the Resources through no fault of your own (i.e., due to an outage or other non-functionality of Boater's Academy websites) for a period forty-eight (48) hours commencing with the time that you register and pay for access to the Resources. No refunds will be issued once you receive a Certificate of Completion.
CONTACT INFORMATION
If you have any questions or comments about this User Agreement, you can contact us at:
Boater's Academy
P.O. Box 5143
Virginia Beach, VA 23471
support@boatersacademy.com