TERMS AND CONDITIONS
Welcome to boatflow.jp
- PLEASE READ THESE FOLLOWING TERMS AND CONDITIONS CONTAINED ON THE SITE, AS THEY, TOGETHER WITH ANY ADDITIONAL TERMS TO WHICH YOU AGREE WHEN USING PARTICULAR ELEMENTS OF THE SITE, CONSTITUTE THE ENTIRE AGREEMENT REGARDING THE SITE AND SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR VISIT TO THIS SITE. THESE TERMS AND CONDITIONS APPLY TO ALL PERSONS WHO VISIT THIS SITE ("VISITORS"), REGARDLESS OF YOUR LEVEL OF PARTICIPATION. BY USING THIS WEBSITE OR SUBMITTING COMMUNICATIONS OR USER CONTENT TO US, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN (THE “TERMS AND CONDITIONS”), WHICH FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BOATFLOW.JP AND/OR OUR APPLICABLE BUSINESS DIVISIONS AND/OR AFFILIATES (COLLECTIVELY, “BOATFLOW”, “US”, “OUR” OR “WE”).
- BY USING THIS SITE YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS ("TERMS AND CONDITIONS") AND YOU AFFIRM THAT YOU ARE EITHER MORE THAN 18 YEARS OF AGE, OR AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, AND TO ABIDE BY AND COMPLY WITH THESE TERMS AND CONDITIONS.
- BY USING THIS SITE, YOU ALSO AGREE THAT YOU WILL NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR IN CONTRAVENTION OF THESE TERMS AND CONDITIONS.
- BOATFLOW AND ITS AFFILIATES RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTIFYING YOU.
- IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THIS SITE. CONTINUED USE OF THE SITE FOLLOWING THE EFFECTIVE DATE ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES.
1. DEPICTION OF BOATS
- BOATFLOW BELIEVE THAT ANY INFORMATION ANY OF THEM HAS PROVIDED ON THE VESSEL IS GOOD AND CORRECT AND OFFER THE INFORMATION IN GOOD FAITH, BUT DO NOT AND CANNOT GUARANTEE THE ACCURACY OF THE INFORMATION. BUYER WARRANTS AND REPRESENTS THAT HE HAS FULLY INSPECTED AND MADE A TRIAL RUN OF THE VESSEL (OR HAS VOLUNTARILY WAIVED THESE RIGHTS AND THAT HE IS NOT RELYING ON ANY ADVERTISEMENTS, PROMISES, DESCRIPTIONS, AFFIRMATIONS, OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN, PRIOR TO OR CONTEMPORANEOUS WITH THIS AGREEMENT) PROVIDED BY THE BROKERS. UPON CLOSING, BUYER WILL HAVE ACCEPTED THE VESSEL IN ITS “AS IS” CONDITION.
- BOATFLOW HAVE GIVEN NO WARRANTY, EITHER EXPRESSED OR IMPLIED, AND MAKE NO REPRESENTATION AS TO THE CONDITION OF THE VESSEL, ITS FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY, ALL OF WHICH ARE DISCLAIMED.
- THE VESSELS ARE OFFERED SUBJECT TO PRIOR SALE, PRICE CHANGE OR WITHDRAWAL WITHOUT NOTICE.
2. DISCLAIMER OF WARRANTIES
- YOU AGREE THAT THIS WEBSITE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF THIS WEBSITE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.
- You understand that there may be delays, omissions, interruptions, inaccuracies and/or other problems with the information, products and services available through, published on or promoted over this Website, including information, products and services referred to, advertised or promoted on or sold through this Website.
- Neither BOATFLOW nor our owners, affiliates, licensors or licensees warrant that this Website will be uninterrupted or error free; nor do we or they make any warranty as to the results that may be obtained from use of this Website or as to the accuracy, reliability or completeness of content or any information, product or service provided or made available through this Website.
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BOATFLOW AND OUR OWNERS, AFFILIATES, LICENSORS AND LICENSEES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
3. LIMITED LICENSES
- Copyright 2014, BOATFLOW. All rights reserved. This Site, including all materials, is protected by worldwide copyright laws and treaty provisions whether or not a copyright notice is present on the materials.
- All text, images, graphics, animation, videos, music, sounds and other materials on this Site are subject to the copyrights and other intellectual property rights of BOATFLOW.
- You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, BOATFLOW does not grant any express or implied right to you under any patents, trademarks or copyrights.
- BOATFLOW authorizes you to view and download the materials at this Site only for your personal, non-commercial use. BOATFLOW may suspend or terminate this authorization at any time for any reason. This authorization is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions:
- you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials;
- you may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose;
- you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
4. OTHER CONDITIONS/RESTRICTIONS
- CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE BOATFLOW’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BOATFLOW RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
5. TRADEMARK NOTICE
- The BOATFLOW name, and all trademarks and logos displayed on this Site are owned or used under license by BOATFLOW. The unauthorized use of any trademark displayed on this Site is strictly prohibited.
6. CHANGES TO THE SITE
- BOATFLOW and its affiliates reserve the right to change, modify, suspend, discontinue or permanently cancel this Site's operation or portions thereof without any notice to you, including but not limited to product specifications or prices, at any time and from time to time without notice and without incurring any obligations.
- Your use of this Site after any changes are posted will be considered acceptance of such changes.
8. INDEMNITY AND HOLD HARMLESS
- Reach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. li BOATFLOW reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with BOATFLOW's defense of such claim.
- BOATFLOW may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time.
- YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THIS SITE.
- This Site and all the information it contains is provided for information purposes only on an "as is" basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment.
- BOATFLOW, information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Site, the information, materials, content, availability, and products.
- To the extent permitted by applicable law, BOATFLOW disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
- BOATFLOW is not responsible for the content of any Site linked to this Site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked Site.
- YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BOATFLOW'S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. BOATFLOW, ITS INFORMATION PROVIDERS AND THEIR AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE.
- BOATFLOW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BOATFLOW WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- These Terms and Conditions are governed by the laws of the Japan. For all disputes arising out of or relating to these Terms and Conditions your use of this Website or the information, products or services available through this Website, or our use of any User Content that you have posted on this Website or submitted to us shall be settled under the exclusive international legal jurisdiction of Japan, and the Shizuoka District Court and shall have the primary and exclusive jurisdiction over such.
- You hereby consent to the exclusive jurisdiction and venue of state and federal courts located in Shizuoka, Japan.
- Use of this Website or the information, products or services available through this Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.
- You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- You shall use this Website and the information, products and services available through this Website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying this Website or the information, products or services available through this Website will not be permitted.
- You agree that any and all causes of action arising out of or relating to this Website or the information, products or services available through this Website 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 and Conditions, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.
- Failure by Boatlfow to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision of these Terms and Conditions.
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