Terms of Use
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
