Effective Date: June 28, 2022
We reserve the right to change these Terms at any time by providing you in writing or electronically a copy of or a link to such revised terms, which may without limitation be given by posting the revised terms on the Website or sending you an email or notice that the revised terms are available on a Website. Your continued access or use of the Website or any Courses following the effective date of the change will be deemed your acceptance of the changes to the Terms. If you disagree with a revision to the Terms, please notify us in writing at firstname.lastname@example.org within 30 days of our notice and you may continue using any Course for which you are then enrolled pursuant to the Terms in effect before the new revisions until that Course’s expiration date; however, if you register to the Website or enroll in any other Courses from or after the effective date of the Terms revision, you will automatically be bound to the revised Terms then in effect.
You will be asked to make an initial registration with us, and set-up login credentials. By registering and each time you enroll in a Course, you represent and warrant that you: (i) are at least 18 years of age; (ii) have provided only true, accurate, current and complete information; and (iii) will abide by all applicable laws and regulations in connection with the Website and Courses. You agree to safeguard your login credentials from unauthorized use by others. Except as may be noted for specific Courses, you may use the login credentials to enroll in one or more Courses and paying the fee for the Course. In some instances, you may be able to participate free of charge in a demo or trial for a Course, which is also subject to these Terms. You agree that we may use email addresses you provide to give you notices relating to these Terms.
When you register and pay for a Course, you have the limited right to access and use the Course for your own personal use conditioned on your continued compliance with these Terms. That right is not transferable and only the person registering for the Course can use and complete the Course. You agree that you will not use, record, display, download or distribute materials or information from the Website or a Course to create other courses, teaching or training materials, or to post them on other websites. You don’t have the right to modify or create derivative works of any Courses or content available on or through a Website. You agree not to take any steps, or allow another to take steps, to disable or circumvent any security device or procedure on the Website or a Course.
We encourage you to start using a Course as soon as Course access is provided after enrollment and payment. Your right to use a Course is valid for 365 days from the date you registered for the Course, unless a different period is expressly provided with respect to a Course in which case that other expiration date will apply (“Course End Date”). After the Course End Date, the Course will no longer be available to you unless you enroll and pay for the Course again, even if you did not complete the Course.
All fees paid for Courses or other activities on or through the Website are non-refundable. We are not responsible and accept no liability for any third-party payment systems used to make or process a payment to us.
Many of the Courses originate with third-party organizations and agencies involved with boating safety, education or regulation and not affiliated with or controlled by us (“Content Providers”). Our Content Providers believe that the Courses will be useful to boaters and will provide important training and learning opportunities. The Courses are not intended, however, to eliminate the need for you to obtain other training or acquire the practical skills required for safe and proper navigation. You are solely responsible for ensuring that you have all the skills and training necessary to safely and legally engage in boating activities. We and the Course Providers do not accept any liability or risks arising from your navigation or boating activities.
You may cancel your registration or any enrollment in a Course at any time by sending us an email at email@example.com. We or our Content Providers may elect to terminate, change or update the Website or a Course or any content at any time, in our/their sole discretion. You agree that we have the right at any time and on any grounds, which include without limitation, any reasonable belief of fraud, illegal activity, or violation of these Terms, to terminate or suspend your access or use of the Website or any Course, or render inactive your login credentials. Your right to access and use will immediately cease upon termination or suspension. These Terms will survive the termination/suspension for any reason, except the right to use.
The Website and each Course, including all software, trademarks, text, graphics, image, illustrations, audio and video materials, artwork, databases, user interfaces, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Website and each Course (“Content”) are owned and/or licensed by a Content Provider or The BoatU.S. Foundation, or their respective licensors, as determined solely between them. Any rights granted to you are expressly stated in these Terms, and there are no implied licenses. You and others do not acquire and we are not transferring or granting to you or anyone else any ownership rights or title to any Content, Website or Course or intellectual property rights in any of them. The Website and the Courses are protected by copyright and other laws and unauthorized use or distribution may subject you and others to legal liability.
We may provide links or references to other web sites or online social networks (or pages) for your convenience in locating or accessing related information, products, and services. These sites, networks, and pages are maintained by third parties over whom we may not exercise control. Accordingly, we and the Content Providers expressly disclaim any liability for the content, materials, accuracy, and/or the quality of the information, products or services on these third-party websites, networks, or pages.
We welcome your feedback and suggestions about the Website and the Courses. You agree that we and the Content Providers have the perpetual and irrevocable right to use and implement any such feedback and suggestions in our own discretion, without compensation to you or others.
THE WEBSITE AND THE COURSES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND THE CONTENT PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, REGARDING THE WEBSITE AND THE COURSES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR BASED ON COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE COURSES WILL OPERATE ERROR-FREE, ALLOW YOU TO ACHIEVE ANY SPECIFIC LEVEL OF NAVIGATION PROFICIENCY, OR MEET YOUR REQUIREMENTS.
WITH RESPECT TO ANY MATTERS, CLAIMS, COSTS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION, ACCESS OR USE OF THE WEBSITE OR A COURSE OR RELATING TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LAW, YOU ACKNOWLEDGE AND AGREE THAT THE BOATU.S. FOUNDATION, THE CONTENT PROVIDERS, AND THEIR RESPECTIVE AFFILIATED ENTITIES, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE OR RESPONSIBLE FOR:
These Terms and any disputes between you and us are governed solely by the laws of the Commonwealth of Virginia, USA, except that any state law implementation of the Uniform Computer Information Transactions Act (including any warranties or remedies thereunder) shall not apply to these Terms, our relationship with you or any matter relating to the Websites or the Courses and is hereby fully disclaimed by you and us. The United Nations Convention on Contracts for the International Sale of Goods shall not apply hereto.
Except to the extent prohibited by applicable law, you agree to resolve disputes relating to the Website, the Content, the Courses or these Terms in the manner provided in this section.
You may initiate a dispute with us or our affiliates by sending a dispute notice at firstname.lastname@example.org, specifying in detail the nature of your dispute, what you request as resolution and submitting any documentation that you feel would be useful for us to review the dispute. If we cannot resolve the dispute within 30 days of your notice, you agree that any claim by you against us or our affiliates or by us or our affiliates against you relating to the Website, the Content, the Courses or these Terms shall, except as noted below, be subject exclusively to binding arbitration in accordance with the Federal Arbitration Act and the Rules of the American Arbitration Association (AAA), including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration will take place in the county or municipality where you have your permanent residence or such other place where we both mutually agree. You and we may also choose to have the arbitration conducted by telephone or based on written submissions.
You agree that (i) you or anyone on your behalf will bring any claims against us or our affiliates in your or their individual capacity and not as plaintiff or class member in any purported class or representative proceeding; and (ii) in any arbitration or court proceeding, the arbitrator or judge may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. We agree not to seek our attorneys’ fees from you in any arbitration that you bring against us or an affiliate in accordance with the foregoing unless the arbitrator determines that your claims are patently frivolous or filed for purposes of harassment.
Either you or we may seek emergency injunctive relief in any court of competent jurisdiction. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial with respect to matters relating to the Website, the Content, Courses or these Terms. We also both agree that you or we may bring suit in court (and not arbitration) to enjoin or seek damages for infringement or other misuse of intellectual property rights.