BOATU.S. FOUNDATION ON-WATER TRAINING LOCATOR USER AGREEMENT
Thank you for choosing the BoatU.S. Foundation On-Water Training Locator! By accessing, browsing, or using this website (the “Website”), you agree to be bound by the following terms and conditions (the “Agreement”), as well as The BoatU.S. Foundation for Boating Safety and Clean Water (“BoatU.S. Foundation”, “we,” “our,” “us”) Terms of Use Agreement and Privacy Policy. If you do not agree to these terms, please do not use the Website. BoatU.S. Foundation reserves the right to update these terms at any time without notice to you. You should check this Agreement on the Website regularly for updates. Your continued use of the Website following any changes constitutes your acceptance of such changes.
A. Content of the Website
1. The Website provides links to third party training schools and instructors (“Instructors”) solely for your convenience and information. BoatU.S. Foundation does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content, information, services, or courses offered by these third parties. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND HAVE NOT VETTED OR VERIFIED THE QUALIFICATIONS, CREDENTIALS, EXPERTISE, OR BACKGROUND OF ANY INSTRUCTOR LINKED ON THE WEBSITE.
2. BoatU.S. Foundation is not liable for any content, information, courses, or services provided by third parties, including errors, omissions, inaccuracies, or any losses or damages of any kind incurred directly or indirectly as a result of your use of or reliance on such content, information, courses, or services.
3. The Instructors are independent persons or entities and are not agents, partners, joint venturers, or employees of BoatU.S. Foundation. We have no control over, and assume no responsibility for, the content, privacy policies, practices, services, or courses of any Instructor.
B. Use of the Website – You agree to indemnify, defend, and hold harmless BoatU.S. Foundation, its owners, operators, officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to: (a) your use of the Website; (b) your use of any Instructor linked on the Website; (c) your violation of this Agreement; or (d) any actions or omissions by any Instructor. This indemnification obligation includes, but is not limited to, claims brought by third parties arising from your use of the Website or the information accessed through the Website.
C. Disclaimer of Warranties – To the maximum extent permitted by law, BoatU.S. Foundation disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. BoatU.S. Foundation does
not warrant that the information or content hosted on the website is accurate, complete, reliable, current, or error-free, or that the website will be available at any particular time or location.
D. Damages – In no event will BoatU.S. Foundation, its owners, operators, officers, directors, employees, agents, or affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Website or any third party linked thereon.
E. Dispute Resolution – Any dispute, controversy, or claim arising out of or relating to this Agreement will be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in Springfield, Virginia. The arbitrator’s decision will be final and binding on the parties. Each party will bear its own costs and expenses, including attorneys’ fees. The parties waive the right to participate in any class action, either in court or in arbitration, and agree to resolve disputes individually. The arbitrator will be without power to conduct arbitration on a class or representative basis.
F. Governing Law and Venue – This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law provisions. You consent to the exclusive jurisdiction of the federal and state courts located in Springfield, Virginia for any legal proceedings arising out of or relating to this Agreement.
G. Entire Agreement – This Agreement constitutes the entire agreement between you and us relating to the subject matter hereof and supersedes all prior or contemporaneous communications, understandings, and proposals, whether electronic, oral, or written, between you and us with respect to the Website.
H. Severability – If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid, illegal, or unenforceable provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties.
I. Acknowledgment – By checking the box below, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement.
Version: 1.0