This Agreement is effective when you click on “Agree.”
The Site are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the Site. In the event we become aware you are under 18, we will terminate your registration.
Types of Services Provided.
Users may access any of the following (which collectively comprise the Services): (i) our free services (the “Free Services”) including connecting to a community of boat owners, manufacturers, service providers and other marine professionals and experts, the coordination of services, record keeping and sharing of information as well as the creation of a private boat village and the creation of a boat profile, and (ii) for businesses, our professional services (the “Professional Services” together with the Free Services, the “Paid Services”) including access to certain client information, the creation of custom maintenance plans and automated maintenance reminders. This Agreement will remain effective until terminated by you or terminated by us; provided that the Sections entitled Limitation of Liability, Ownership, Indemnity, Disputes, Applicable Law and Miscellaneous will survive termination and continue in effect.
Payment for the Paid Services.
If you elect to access the Paid Services, you agree to pay all fees and charges associated with your subscription on a timely basis (the “Subscription”). All Subscription fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card (unless other payment arrangements are made with MTi). Unless other payment arrangements are made with MTi, you agree to maintain valid credit card information in your account information and authorize MTi to charge the stated Subscription fee amount, and any applicable sales, telecommunication, excise or similar taxes to the payment method that you provided at the time of purchase or activation. If you elect automatic renewal, you also authorize MTi to charge the then-current Subscription fee amount, and any applicable sales, telecommunication, excise or similar taxes, at the end of the term of your Subscription (the “Subscription Term”). The Subscription fee is exclusive of any applicable federal, state or municipal taxes or duties. MTi may change the Subscription fee amount for new or renewal Subscription Terms upon 30 days’ prior notice to you via email. Any changes to the Subscription fee will be effective upon your next billing cycle, and will not apply retroactively or to the remainder of your current Subscription Term. Your Subscription will automatically renew at the end of each Subscription Term unless you terminate your Subscription prior to expiration of the then-current Subscription Term. At the time of renewal, MTi will charge the credit card you provided on the activation date, unless you provide MTi with an alternate payment method prior to expiration of the then-current Subscription Term. You may cancel your paid Subscription at any point during your Subscription Term, however, no refunds will be issued for previously paid fees and charges.
The MyTaskit Marketing and Referral Program
Creation of “private communities” and “hidden communities”
Users may offer other Users the right to participate in “private communities” and “hidden communities” on the Site. These private or hidden communities can be free or billable. Each User that creates a private or hidden community can elect to charge Users to participate in such community and are free to set the price they charge for such membership. Users who charge other Users for their membership in these private or hidden communities are required to pay MTi an administrative fee of 20% of the revenue collected from their “private communities” and/or “hidden communities” (the “MTi Administrative Fee”). MTi has the right to close or transfer members of private or hidden communities if such User fails to pay the MTi Administrative Fee. MTi also reserves the right to close or transfer private or hidden communities pages and/or content or remove content from them if the content violates this Agreement or others’ intellectual property rights.
License and Assignment
You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Services shall be for your personal use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Changes to the Services
Use of the Site and Services
You may use the Free Services solely for your personal use. For example, you may use the Site to solicit opinions, ideas and other input from, and share ideas and opinions with, other Users, and to search for User Content and business or product information. All Users (including Professional Services Users ) acknowledge and agree that we do not control the User Content posted to the Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the our views. You understand that, by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING FROM OR RELATING TO ANY USE, INABILITY TO USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
User Generated Content
The participants in the online community on the Site are our associates, our suppliers and vendors, and the public, all of whom are interested in voicing their opinions, sharing ideas, and finding others who share the same interests. As a participant in this community, you may also post content and share it with other Users, read content generated by other visitors to the Site and other affiliated sites, and view third party postings and reviews regarding products and services. If you wish to post content to, or participate in the Site other than simply by reading product information and content and reviews posted by others, you may need to register at www.mytaskit.com. Please note that ideas you post and information you share may be seen and used by other Users and MTi cannot guarantee that other Users will not use the ideas and information that you share on MTi. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to the Site. MTi IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON THE SITE.
Restrictions on Rights to Use
• remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
• collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
• reformat or frame any portion of any Web pages that are part of the Site;
• create user accounts by automated means or under false or fraudulent pretenses;
• create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the Site;
• submit to the Site any content that falsely states or implies that such content is sponsored or endorsed by us;
• transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site, any other Web site, or any computer or other device or system, or the enjoyment of the Site by any User;
• use the Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
• submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
• copy or store any User Content offered on the Site other than for your personal use;
• take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Site or the IT infrastructure used to operate and make the Site available;
• use the Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
• collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
User Content Posted By You on the Site
• You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party’s prior written consent.
• You are solely responsible for any User Content you post, publish or display on the Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
• You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Site any User Content that is false, inaccurate, misleading or fraudulent.
1. To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to MTi and in doing so and MBV’s use of the Idea will not infringe upon any other individual’s or entity’s rights.
2. You understand that disclosure of your Idea to MTi does not establish a confidential relationship or obligate MTi to treat the Idea (or any related materials) as secret or confidential.
3. You understand that MTi has no obligation, either express or implied, to develop or use your Idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Idea, related Ideas or Ideas derived from your Idea. You understand that MTi assumes no obligation with respect to any Idea. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your idea. In the absence of a separate formal contact, your rights shall be limited to those existing under the patent laws of the United States.
4. If your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to MTi.
5. You understand that, except to the extent that these terms are superseded by a separate agreement in writing by you and MTi, you hereby irrevocably release and forever discharge MTi and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against MTi and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Idea, including without limitation in respect of how MTi and its affiliates and subsidiaries, directly or indirectly, use the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Site. You may not post any content that violates the following “Content Standards”:
• is patently offensive to Users of the Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• promotes illegal activities or conduct that is abusive;
• is threatening, obscene, defamatory or libelous;
• is pornographic or sexually explicit in nature; or
• seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
We have the right to:
• remove or refuse to post any User Content for any reason or no reason in our sole discretion;
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Site; or
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS MTi FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MTi DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MTi OR LAW ENFORCEMENT AUTHORITIES.
However, as noted above, we do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you believe any User Content or any other aspect of the Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site;
3. Your address, telephone number and email address;
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Site may be reached at the following address:
401 South Dixie Hwy., Suite 302
West Palm Beach, FL 33401
Or by email: email@example.com
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the Southern District of Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, MTi may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MBV’s sole discretion.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Site or in connection with the Services are the proprietary property of MTi or its licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the trademark owner.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT THE SERVICES AND ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF SERVICES, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED IN THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SERVICES, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SERVICES OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation on Liability
IN NO EVENT SHALL MTi OR ITS AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON SERVICES, OR THE DISCLOSURE OR MISUSE OF ANY USERS PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, MBV’S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SERVICES, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Third Party Advertisements and Links to Third Party Sites
In connection with the Services we may display on the Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Contact and Violations