Terms of Service
Introduction and Agreement
Born Again Boating Is an Advertising and Research Service
Born Again Boating operates the Site as an online advertising and research service for boat buyers, sellers and enthusiasts. Born Again Boating does not sell boats directly and is never a party to any transaction between buyers and sellers. As a result, Born Again Boating does not (a) guarantee or ensure any boat or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any boats.
Free Services on Born Again Boating
Born Again Boating features both free and fee-based content services. Non-registered site visitors have limited access to site content and features. Visitors are encouraged to register an account on Born Again Boating to take advantage of additional free content and services.
Conditions for Account Registration
Registration of User accounts on this Website is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
Accounts registered by bots or any other automated methods are not permitted.
Unless otherwise specified, each User must register only one account.
, a User account may not be shared with other persons.
When you Register an account, you become eligible for additional content and services. You will be asked to provide your first and last name, your email address (subject to verification) and a password. You will also be asked to create a screen name. You will use your email address and password to sign on to Born Again Boating. The password you create is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access either free- or fee-based services and agree that Born Again Boating will have no obligations with regarding thereto.
Registration is required to purchase fee-based products and services on Born Again Boating.
Fee-Based Products and Services
Subscribers may read feature articles directly on Born Again Boating provided that they are logged-in. They may also download PDFs of issues and/or articles included in their subscription solely for their personal use.
Born Again Boating subscriptions purchased on Born Again Boating are sold on a continuous service basis. You authorize Born Again Boating to charge your credit card for the renewal price in effect at the end of your subscription term, and [monthly] [annually] thereafter, unless you tell us to stop. If your credit card cannot be charged, you will be invoiced. Subscriptions may be canceled at any time by contacting customer service. You will not receive a refund on any subscriptions.
Born Again Boating may offer other products and services on Born Again Boating, including merchandise.
Fee-Based Service Charges
Certain features of this site are available only through the purchase of individual issues or a digital subscription or print/digital subscription plan (“Fee-Based Services”).
You agree to pay, (by using a valid credit card accepted by Born Again Boating) the subscription charges set forth on the site, applicable taxes and other charges incurred on your account in order to access Fee-Based Services and purchase products. Born Again Boating reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice by email or posted in advance on this Site. Born Again Boating will automatically charge your credit card for renewal of your subscription plan. Renewal rates may vary. If you subscribed through a special offer, please refer to the original offer’s terms and conditions. In the event Born Again Boating is not able to charge your account, we reserve the right to invoice you, or terminate your access to the fee-based Services.
In addition to the charges set forth above, you are responsible for all charges associated with connecting to the site, including without limitation all telephone access lines (including long-distance charges, if applicable), telephone, cellular data charges, and computer equipment and any service fees necessary to access the Fee-Based Services.
You agree to promptly update your registration data under “My Account” in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of any known or suspected unauthorized use of your subscription or a breach of security, you will remain liable for any unauthorized use of your subscription until you update your registration data. If your credit card expires, is canceled, or lost, immediately update your registration data under “My Account”.
You represent and warrant to Born Again Boating that you are at least thirteen (13) years of age and you possess the legal right and ability to enter into this agreement and to use the site in accordance with this agreement.
You agree not to assign transfer or sublicense your rights as a user to fee-based services. You agree to be financially responsible for all usage or activity on your fee-based services account.
Users can terminate their account and stop using the Service at any time by doing the following:
By using the tools provided for account termination on this Website.
By directly contacting Born Again Boating at the contact details provided in this document.
Account Suspension and Deletion
Born Again Boating reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Termination of Service
You understand and agree that in Born Again Boating’s sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and Born Again Boating may exercise any other remedy available and remove any Materials, if Born Again Boating believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of Born Again Boating, any Affiliate or Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Born Again Boating for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that Born Again Boating post a bond. Born Again Boating is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in Born Again Boating’s sole discretion, you have violated these Terms of Service.
Dealer and Manufacturer Incentives and Offers
Advertisers on Born Again Boating may include information about special offers, incentives, or pricing programs associated with a specific brand, model, or boat (“Offers”). Born Again Boating is not responsible for the content of any such Offers, nor responsible for any errors or omissions in Offer contents or descriptions. Users of the site should contact the relevant advertiser for full details on any such Offers, including eligibility requirements, limitations and restrictions, and availability.
All information and content available on this Site (collectively, “Content”) is protected by copyright and other intellectual property laws. The Content is owned by Born Again Boating, its Affiliates, and/or their respective licensors and suppliers (collectively, “Licensors”). The Content is intended for personal and noncommercial use only. While you may interact with entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of Born Again Boating. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to Permissions, Born Again Boating, LLC 600 West Ocean Drive #510591, Key Colony Beach Fl, 33051
NOTICE: Certain images or video contained herein are owned by third parties and are protected under United States and international copyright law. Access to and use of these images or video is restricted by the terms and conditions of a license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited. These third parties reserve the right to pursue all legal and equitable remedies against unauthorized uses.
By submitting ads, content, photos, data or other materials (“Materials”) to the Site, you hereby grant to Born Again Boating and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to Born Again Boating and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.
You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold Born Again Boating, its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys’ fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
Copyrights and Copyright Agents
It is the policy of Born Again Boating to respond to claims of intellectual property infringement. Born Again Boating will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this Site:
Born Again Boating, LLC
600 West Ocean Drive #510591,
Key Colony Beach Fl, 33051
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that the Content includes certain trademarks and service marks owned by Born Again Boating, Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The “Born Again Boating” name and logo are trademarks of . Other product and company names herein may be trademarks of their respective owners.
Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, “Software”), is owned by Born Again Boating and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
If you operate a website and wish to link to the Site, you must link to the Site’s home page unless permission otherwise has been granted in writing by Born Again Boating. Born Again Boating reserves the right to reject or terminate any links to the Content or the Site.
This Site may offer message boards, bulletin boards, chat rooms or other forums (collectively, “Forums”) to give Users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Born Again Boating and its Affiliates do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment and be respectful of other individuals using these Forums. By posting a message in the Forum, you agree to abide by these Terms of Service. You may not use the Site’s Forums to engage in any Prohibited Activities (as defined below). Uploading copyrighted or other proprietary Material of any kind on the Site without the express permission of the owner of that Material is prohibited and may result in civil and/or criminal liability.
Born Again Boating Rights
Given the nature of the Site and the volume of messages and postings, Born Again Boating cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. Born Again Boating reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that Born Again Boating (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.
Born Again Boating does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the Forums, chat rooms and bulletin boards on the Site. Born Again Boating and the Affiliates shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to the Site.
The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to Born Again Boating Users or others; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site’s lead forms and/or toll-free numbers to advertise or promote products and services to Born Again Boating advertisers; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on Born Again Boating’s hardware and software infrastructure (collectively, “Prohibited Activities”).
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. BORN AGAIN BOATING, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND BORN AGAIN BOATING, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO BOATS AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. BORN AGAIN BOATING AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY BOAT AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE BOAT, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A BOAT ADVERTISED ON THE SITE. BORN AGAIN BOATING CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. BORN AGAIN BOATING RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL BOATS ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A BOAT MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE BOAT. EXCEPT AS EXPRESSLY SET FORTH IN THE SELL IT YOURSELF TERMS AND CONDITIONS, BORN AGAIN BOATING DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR BOAT, OBTAIN AN ACCEPTABLE PRICE FOR YOUR BOAT, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR BOAT FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
BORN AGAIN BOATING, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF BORN AGAIN BOATING, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED THE MINIMUM PERMISSABLE UNDER THE LAWFOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.
Changes to these Terms of Service
We reserve the right to update and periodically amend these Terms of Service at our discretion and at any time. If we make changes to these Terms of Service, amendments will be posted online and the date of update will be included. Your continued use of Born Again Boating and its affiliated sites after any such update indicates your agreement to the same. Born Again Boating may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability.
This Site includes links to other websites not established or supervised by Born Again Boating or any Affiliate. Born Again Boating and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Monroe County, Florida, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Monroe County, Florida, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by Born Again Boating to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.
For general questions, you may email us at [email protected]
Email: [email protected]
Finally, you may also mail us at:
Born Again Boating
600 West Ocean Drive #510591,
Key Colony Beach Fl, 33051