Luke Brown Yachts West, Inc. Terms of Use Agreement

(Last updated: August 5, 2022)

 

Welcome to www.lukebrownyachtswest.com (“LUKEBROWNYACHTSWEST.COM”), a website operated and owned by Luke Brown Yachts West, Inc. (“LBYW”).

By accessing LUKEBROWNYACHTSWEST.COM, you agree to be bound by these Terms of Use (this “Agreement”). You should also read the LBYW Privacy Policy, which is incorporated by reference into this Agreement and available on LUKEBROWNYACHTSWEST.COM. If you do not accept and agree to be bound by all the terms of this Agreement, including the LBYW Privacy Policy, do not use LUKEBROWNYACHTSWEST.COM. Please contact us at info@lukebrownyachtswest.com with any questions regarding this Agreement.

 

1. ELIGIBILITY

You represent and warrant to LBYW that you will use LUKEBROWNYACHTSWEST.COM in a manner that is consistent with this Agreement, as well as all applicable laws and regulations.

 

2. PROPRIETARY RIGHTS

LBYW owns and retains all proprietary rights in LUKEBROWNYACHTSWEST.COM and in all content, trademarks, trade names, service marks, copyrighted works, and all other intellectual property rights related thereto. LUKEBROWNYACHTSWEST.COM contains the copyrighted material, trademarks, and other proprietary information of LBYW and its licensors. You agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on LUKEBROWNYACHTSWEST.COM, without first obtaining the prior written consent of LBYW or, if such property is not owned by LBYW, the owner of such intellectual property or other proprietary rights. You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.

 

3. THIRD-PARTY CONTENT

LBYW is not responsible for any of the listings, or other content or information created and posted by third parties and made available to you through LUKEBROWNYACHTSWEST.COM (“third-party content”). LBYW is neither responsible nor liable for any third-party content displayed via LUKEBROWNYACHTSWEST.COM, even if that third-party content is offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, rude, vulgar, derogatory, sexist, defamatory, insulting, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights and rights of privacy and publicity). To report inappropriate, false, illicit, or otherwise misleading third-party content to LBYW, send an email to info@lukebrownyachtswest.com.

You understand and agree that LBYW may, but is not obligated to, monitor or review any third-party content displayed via LUKEBROWNYACHTSWEST.COM. LBYW may, in its discretion, remove access to third-party content, in whole or in part, that in the sole judgment of LBYW is inappropriate, false, illicit, or otherwise misleading.

 

4. LINKS TO THIRD-PARTY WEBSITES

LUKEBROWNYACHTSWEST.COM may contain links to third-party web sites or other services that are not owned or controlled by LBYW. LBYW has no control over and assumes no responsibility for the content, privacy policies, terms, or practices of any third-party websites or services. By using LUKEBROWNYACHTSWEST.COM, you acknowledge and agree that LBYW shall neither be responsible nor liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services made available on or through any third-party websites or services.

 

5. CHANGES

We may add, remove, or otherwise alter portions of this Agreement at any time, which shall become effective immediately upon posting the updated version to LUKEBROWNYACHTSWEST.COM. You are responsible for reviewing this Agreement prior to each use of LUKEBROWNYACHTSWEST.COM. By continuing to use LUKEBROWNYACHTSWEST.COM, you are agreeing to any and all changes to the Agreement.

 

6. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL LBYW, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS, OR OTHER SERVICE PROVIDERS, BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, LUKEBROWNYACHTSWEST.COM OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA LUKEBROWNYACHTSWEST.COM, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF LUKEBROWNYACHTSWEST.COM, OR THE TERMS OF THIS AGREEMENT, MUST BE FILLED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

 

7. DISCLAIMER OF WARRANTIES

LUKEBROWNYACHTSWEST.COM HAS NO CONTROL OVER THE ACCURACY, QUALITY, SAFETY AND/OR LEGALITY OF ANY LISTINGS OR ANY OTHER THIRD-PARTY CONTENT DISPLAYED VIA LUKEBROWNYACHTSWEST.COM, AND MAKES NO REPRESENTATIONS ABOUT THESE LISTINGS OR OTHER THIRD-PARTY CONTENT. LBYW TRIES TO ENSURE THAT THE INFORMATION MADE AVAILABLE VIA LUKEBROWNYACHTSWEST.COM IS ACCURATE BUT MAKES NO GUARANTEE ABOUT THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE VIA LUKEBROWNYACHTSWEST.COM. YOU AGREE THAT LBYW WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY INFORMATION PROVIDED VIA LUKEBROWNYACHTSWEST.COM. AS LUKEBROWNYACHTSWEST.COM MAY CONTAIN TYPOGRAPHICAL ERRORS OR OTHER INCONSISTENCIES, LBYW MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF LUKEBROWNYACHTSWEST.COM AND CAUTIONS THAT USE OF THE WEBSITE IS AT YOUR OWN RISK.

LUKEBROWNYACHTSWEST.COM, IS PROVIDED “AS IS” WITHOUT any WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY OR ACCURACY OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. LBYW EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT OR REPRESENT THAT LUKEBROWNYACHTSWEST.COM OR THE INFORMATION CONTAINED ON THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH LUKEBROWNYACHTSWEST.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. LBYW ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS IT RELATES TO YOUR ACCESSING OR USING LUKEBROWNYACHTSWEST.COM OR YOUR DOWNLOADING OF ANY MATERIALS FROM LUKEBROWNYACHTSWEST.COM. IF YOU ARE DISSATISFIED WITH LUKEBROWNYACHTSWEST.COM, STOP USING THE WEBSITE.

WITHOUT LIMITING ANY THE ABOVE, LBYW, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT ANY VESSELS VIA LUKEBROWNYACHTSWEST.COM AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN VESSEL LITERATURE, FAQ, DOCUMENTS, STATEMENTS, OR OTHERWISE ON LUKEBROWNYACHTSWEST.COM, OR IN CORRESPONDENCE WITH AGENTS. YOU HEREBY WAIVE ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN VESSEL LITERATURE, FAQ, DOCUMENTS, STATEMENTS, OR OTHERWISE ON LUKEBROWNYACHTSWEST.COM, OR IN CORRESPONDENCE WITH AGENTS.

 

8. LINKS TO CONTENT AND OTHER SITES.

LUKEBROWNYACHTSWEST.COM may contain links to third-party websites. These links are provided solely as a convenience to you and do not represent LBYW's endorsement of the contents of any third-party website. LBYW is not responsible for the content of linked third-party websites and makes no representations about the content or accuracy of materials on any third-party websites.

LUKEBROWNYACHTSWEST.COM may contain links to social media platforms. These links are provided solely as a convenience to you and does not represent LBYW’s endorsement of the contents of any social media platforms. LBYW is not responsible for the content, nor is it responsible for the accuracy of such content or the manner in which such content is provided to third-party social media platforms.

Your use of any third-party websites or social media platforms is at your own risk.

 

9. INDEMNITY.

You will defend, indemnify, and hold harmless LBYW, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of LUKEBROWNYACHTSWEST.COM, including, but not limited to, any false assertion made or breach by you of the terms of this Agreement.

 

10. MISCELLANEOUS.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The Agreement and the relationship between us shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any waiver of any provision of this Agreement by LBYW must be made in writing and signed by an authorized representative of LBYW specifically referencing this Agreement and the provision to be waived. Headings used in this Agreement are for convenience only and are not to be relied upon. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. This Agreement will inure to the benefit of, and are intended to be enforceable by, LBYW’s successors, assigns and licensees. There are no third-party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights under the Agreement to rely upon or enforce any term or provision of this Agreement.

 

11. CHOICE OF LAW, VENUE, WAIVER OF JURY TRIAL

This Agreement shall be exclusively governed by and construed in accordance with, and you exclusively and irrevocably agree to apply, the laws of the State of Florida and the federal laws that may be applicable herein (regardless of conflict of law principles) to the exclusion of all other laws in any jurisdiction or country. You understand and agree that i) any action or other legal proceeding relating to this Agreement, or your use of LUKEBROWNYACHTSWEST.COM, shall be brought exclusively in any court of competent jurisdiction located in Manatee County, State of Florida, and for that purpose you now irrevocably and unconditionally agree and submit to the jurisdiction of such Florida court; ii) you irrevocably waive any right to, and will not, oppose any such Florida court action or proceeding on any jurisdictional basis, including forum non conveniens; iii) you will not take the position that another state or country is the appropriate forum for such proceeding, and will not initiate, commence, or continue such proceedings in another state or country; iv) you will not oppose the enforcement against you in any other jurisdiction of any judgment or order duly obtained from an Florida court as contemplated by this section; and v) neither this Agreement nor any performance thereunder in any way constitutes the conducting of business by LBYW in any location other than Manatee County, State of Florida and indeed agree that LBYW is not carrying on business in any jurisdiction other than the State of Florida. You irrevocably waive any and all rights that you may have to a trial of such proceedings by way of a jury in any judicial proceeding involving any claim in any way relating to this Agreement and your use of LUKEBROWNYACHTSWEST.COM and agree to waive personal service of process and consent that service of process upon you may be made by certified or registered mail, return receipt, or by email, if applicable and known. Further, you and LBYW agree that any cause of action arising out of or related to LUKEBROWNYACHTSWEST.COM must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

12. GENERAL PROVISIONS

The failure of LBYW to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The failure of LBYW or you to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement, including the Privacy Policy which has been incorporated by reference, as accepted upon access to or use of LUKEBROWNYACHTSWEST.COM, contains the entire Agreement between you and LBYW regarding the use of LUKEBROWNYACHTSWEST.COM. Unless otherwise explicitly stated, the Agreement will survive termination of your use of LUKEBROWNYACHTSWEST.COM. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.