Use Agreement
BOATERexam.com® Web Site Use Agreement
This version in effect since October 20th, 2008.
Welcome to www.BOATERexam.com. Please read this aggreement carefully
as it governs your use of the www.BOATERexam.com website.
It exempts BOATERexam.com® and other persons from liability or limits
their liability, and contains other important provisions that you should read.
This Agreement contains the following provisions
- Your Acceptance of this Agreement
- Permission to Use the Website
- Changes to this Agreement
- Ownership and Permitted Use of the Website
- Misprints and Errors, Product Availability and Prices
- Trade-mark Information
- No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
- Login Names and Passwords
- Software Agreements
- Contests
- Unsolicited Submissions
- Your Information
- Disclaimers, Liability Exclusions/Limitations and Indemnity
- Personal Information Privacy
- Other Sites/Resources
- Termination
- Governing Law and Dispute Resolution
- Quality Policy
- Other Matters
1. Your Acceptance of This Aggreement
This is an Agreement between you and all persons you represent (and for purposes
of this Agreement, "person" includes natural persons and any type of incorporated
or unincorporated entity) and BOATERexam.com® (BOATERexam.com®) regarding your access
to and use of the BOATERexam.com® website and all content, information,
products and services available on or through the website (collectively, the "Website").
This Agreement also provides benefits to BOATERexam.com® 's affiliates, service providers,
suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the
acceptance and agreement of any person you purport to represent, to be bound by
this Agreement as it then reads, and you represent and warrant that you have the
legal authority to agree to and accept this Agreement on behalf of yourself and
any person you purport to represent. If you do not agree with each provision of
this Agreement, or you are not authorized to agree to and accept this Agreement
on behalf of the person you purport to represent, you may not access or use the
Website. The Website is for convenience and informational purposes only and is not
intended to convey advice or recommendations, or an offer to sell any product or
service.
This Agreement is in addition to any other agreement you may have with BOATERexam.com®,
including a transaction agreement.
2. Permission to Use the Website
You may use the Website only if you are a resident of Canada or the United States,
have reached the age of majority where you live and you can form legally binding
contracts under applicable law. You may not use the Website if you live in a jurisdiction
where access to or use of the Website or any part of it may be illegal or prohibited.
It is solely your responsibility to determine whether your use of the Website is
lawful, and you must comply with all applicable laws. BOATERexam.com® reserves the right
to request proof of identification and age (for example, proof of your ability to
purchase certain services).
3. Changes to This Aggreement
BOATERexam.com® may, in its sole discretion, change this Agreement from time to time
as it relates to future use of the Website, by posting a revised Agreement on the
Website. By using the Website after this revised Agreement has been posted, you
signify your acceptance and agreement to be bound by the revised Agreement. You
may not change this Agreement in any manner.
4. Ownership and Permitted Use of the Website
The Website (including all content, page headers, custom graphics, button icons,
and scripts and the presentation, arrangement, coordination, enhancement and selection
of such and other information in text, graphical, video and audio forms, images,
icons, software, designs, applications, data, and other elements available on or
through the Website) is the property of BOATERexam.com® and others, and is protected
by Canadian and international copyright, trademark and other laws. Your use of the
Website does not transfer to you any ownership or other rights in the Website or
its content. The Website is made available to you for your lawful, personal use
only. You may use the Website only in the manner described expressly in this Agreement
and subject to all applicable laws. Using the Website for any other purpose or in
any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and
you do not remove or alter any visible or non-visible identification, marks, notices,
or disclaimers. The Website and its content may not be copied, imitated, reproduced,
republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored
or distributed in any way, in whole or in part, without the express prior written
consent of BOATERexam.com®. You may not sell or resell any part of the Website or access
to the Website. You may not use any of the software that is used in the operation
or provision of the Website except while you are using the Website in accordance
with this Agreement.
5. Misprints and Errors, Product Availability and Prices
BOATERexam.com® endeavours to provide current and accurate information on the Website.
However, misprints, errors, inaccuracies, omissions (including incorrect specifications
for products) or other errors may sometimes occur. BOATERexam.com® cannot guarantee that
products and services advertised on the Website will be available when ordered or
thereafter. BOATERexam.com® does not warrant that the content of the Website including,
without limitation, product descriptions or photographs, is accurate or complete.
BOATERexam.com® reserves the right to: (a) correct any error, inaccuracy or omission
at any time without prior notice or liability to you or any other person; (b) change
at any time the products and services advertised or made available for sale on the
Website, the prices, fees, charges and specifications of such products and services,
any promotional offers and any other Website content without any notice or liability
to you or any other person; (c) reject, correct, cancel or terminate any order,
including accepted orders for any reason and (d) limit quantities available for
sale or sold.
The advertisements on the Website are invitations to you to make offers to purchase
products and services on the Website and are not offers to sell. All prices and
other amounts appearing on the Website are quoted in Canadian dollars.
6. Trade-Mark Information
BOATERexam.com®, examenBATEAU.com®, Boater Exam®,
TAKE YOUR Boater Exam® ONLINE!™, EXAMEN DE BATEAU™,
PASSEZ VOTRE EXAMEN DE BATEAU!™ and other names and logos appearing
on or in connection with Website (the "Marks") are registered or unregistered trademarks,
service marks, tradenames and logos owned or licensed by their respective owners
or licensees.
Any use of the Marks, except as expressly provided in this Agreement, is strictly
prohibited. Nothing appearing on the Website or elsewhere shall be construed as
granting, by implication, estoppel, or otherwise, any licence or right to use any
of the Marks.
7. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
Links to the Website without the express written permission of BOATERexam.com® are strictly
prohibited. To request permission to link to the Website, please send an email to
[email protected]. BOATERexam.com® may in
its discretion cancel and revoke any permission it may give to link to the Website
at any time and without any notice or liability. The framing, mirroring, scraping
or data-mining of the Website or any of its content in any form and by any means
is strictly prohibited. You may not use any collaborative browsing or display technologies
in connection with your use of the Website or to post comments, communications,
or any other data of any kind to or on the Website with the intention that such
postings may be viewed by other users of the Website.
8. Login Names and Passwords
Certain areas and features of the Website are accessible only to users who have
been issued a login name and password (collectively "Codes") by BOATERexam.com®. For
the purposes of accessing the Website, the Codes remain the property of BOATEREXAM
and may be cancelled or suspended at any time by BOATERexam.com® in its discretion without
any notice or liability to you or any other person.
BOATERexam.com® may act upon any communication that is given with the use of Codes. BOATEREXAM
may in its discretion at any time require proof of the identity of any person seeking
to access and use the Website, and may deny access to and use of the Website or
parts of it or refuse to accept or act upon any communication if BOATERexam.com® is not
satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the
security of the Codes and any and all use and misuse of the Codes; (b) you will
keep the Codes secure and confidential at all times and not disclose the Codes to
any other person or permit any other person to use the Codes; (c) you will ensure
that all uses of the Codes comply with this Agreement; (d) once you have logged-on
to the Website using the Codes, you will not leave the computer terminal used to
access the Website unless and until you have terminated the session and logged-off
the Website; and (e) you will immediately notify BOATERexam.com® by telephone 1-866-688-2628
or email to [email protected] if you
know or suspect that any Codes have been lost or stolen or become known to or used
by any other person.
9. Software Agreements
BOATERexam.com® may cause software to be available for you to download from the Website
or through other Websites and Internet resources. The software is protected by copyright,
and your downloading and use of the software is governed by the applicable transaction
agreement and the Software Licence Agreement specific to the software. By downloading
software, you signify your agreement and acceptance of the applicable transaction
agreement and Software Licence Agreement.
10. Contests
From time to time BOATERexam.com® may make contests available to users of the Website
and others. All contests are governed by this Agreement and the applicable Contest
Rules. By participating in a contest through the Website, you signify your agreement
and acceptance of this Agreement and the applicable Contest Rules.
11. Unsolicited Submissions
In order to avoid potential misunderstandings or disputes, BOATERexam.com® does not accept
or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions
to BOATERexam.com® or the Website, you automatically grant (or warrant that the owner
of the Submissions grants) to BOATERexam.com® and its successors, assigns and licensees
a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide,
assignable, sub-licensable, right and license to use and exploit the Submissions
or any ideas, concepts, know-how or techniques associated with the Submissions for
any purpose whatsoever, commercial or otherwise, using any form, media or technology
now known or later developed, without providing any attribution or compensation
to you or any other person, without any liability whatsoever, and free from any
obligation of confidence or other duties on the part of BOATERexam.com® or its successors,
assigns and licensees, and you agree, represent and warrant that all moral rights
in the Submissions are waived in favour of BOATERexam.com® and its successors, assigns
and licensees.
12. Your Information
All information you provide through the Website, including registration information
(name and email address), payment information (credit card numbers and expiration
dates), and transaction-related information, must be true, accurate, current and
complete. BOATERexam.com® will rely on the information you provide. You will be solely
responsible and liable for any and all loss, damage, and additional costs that you,
BOATERexam.com® or any other person may incur as a result of your submission of any false,
incorrect or incomplete information or your failure to update your registration
information and payment information within 30 days of any change.
13. Disclaimers, Liability Exclusions/Limitations and Indemnity
DISCLAIMERS
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES
OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION
IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY,
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL
OF WHICH ARE DISCLAIMED BY BOATERexam.com® TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSIONS
BOATERexam.com® AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR
DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT
INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS,
USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS,
UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY
OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING
(INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY BOATEREXAM
OR ANY PERSON FOR WHOM BOATERexam.com® IS RESPONSIBLE, AND EVEN IF BOATERexam.com® HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS
PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
14. Personal Information Privacy
BOATERexam.com® collects, uses and discloses personal information in accordance with
its Privacy Policy, which is available at www.BOATERexam.com and
which may be changed from time to time by BOATERexam.com® in its discretion without any
notice or liability to you or any other person by making an amended Privacy Policy
accessible through the Website. By accepting this Agreement, and each time you use
the Website, you consent to the collection, use and disclosure of your personal
information by BOATERexam.com® in accordance with the Privacy Policy as it then reads.
15. Other Sites/Resources
For your convenience, the Website may include links or references to other Internet
sites or resources and businesses operated by other persons (collectively "Other
Sites"). Other Sites are independent from BOATERexam.com®, and BOATERexam.com® has no responsibility
or liability for or control over Other Sites, their business, goods, services, or
content. BOATERexam.com® does not sponsor or endorse Other Sites or their business, goods,
services, or content, unless expressly indicated in writing. Your use of Other Sites
and your dealings with the owners or operators of Other Sites is at your own risk,
and you will not make any claim against BOATERexam.com® arising from, connected with,
or relating to your use of Other Sites or your dealings with the owners or operators
of Other Sites. As between you and BOATERexam.com®, this Agreement, with all necessary
modifications, applies to your access and use of any Other Sites and their business,
goods, services and content.
16. Termination
Notwithstanding any other provision of this Agreement, BOATERexam.com® may in its discretion
change, discontinue, modify, restrict, suspend or terminate the Website or any part
of it without any notice or liability to you or any other person. BOATERexam.com® may
in its discretion and for its convenience at any time immediately terminate, temporarily
or permanently, this Agreement or your permission to access and use the Website
without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Website
is terminated for any reason, then this Agreement and all other then existing agreements
between you and BOATERexam.com® will continue to apply and be binding upon you regarding
your prior access to and use of the Website, and anything connected with, relating
to or arising therefrom.
17. Governing Law and Dispute Resolution
This Agreement, your access to and use of the Website, and all related matters are
governed solely by the laws of Ontario, Canada and applicable federal laws of Canada
(and in the case of use of the Website in Quebec by residents of Quebec, by the
laws of Quebec and the applicable federal laws of Canada). Any dispute between you
and BOATERexam.com® or any other person arising from, connected with or relating to the
Website, this Agreement, or any related matters (collectively "Disputes") will be
resolved before the Courts of Ontario, sitting in the City of Ottawa (and in the
case of use of the Website in Quebec by residents of Quebec, before the Courts of
Quebec, sitting in the City of Montreal), and you hereby irrevocably submit and
attorn to the original and exclusive jurisdiction of those courts in respect of
all Disputes.
18. Fraudulent Activity
In the case where a customer uses a stolen credit card or cheque, or does not have
permission for its use, the customer may not receive his/her Operator Card and could
face criminal charges.
If You Have Not Received Your Card
If you do not receive your card within 90 days of passing your exam, please contact
[email protected] Waiting beyond the
90 days may result in a re-issue fee to have another card issued.
If There Is An Error On Your Card
If there is an error on your Operator Card, such as an incorrect spelling of you
name or date of birth, you must report it to BOATERexam.com® within 90 days. Waiting
beyond the 90 days may result in a re-issue fee to have another card issued.
19. Quality Policy
BOATERexam.com® is committed to providing excellent service and superior value to our
customers. We achieve this through quality leadership, industry leading innovation
and continuous improvement in all of our services.
20. Other Matters
If any provision of this Agreement is held to be invalid or unenforceable for any
reason, then the provision will be deemed to be severed from this Agreement and
the remaining provisions will continue in full force and effect . This Agreement
enures to the benefit of and is binding upon each of BOATERexam.com® and its successors,
assigns and related persons, and you and your heirs, executors, administrators,
successors, permitted assigns and personal representatives. You may not assign this
Agreement or the rights and obligations under this Agreement. BOATERexam.com® may assign
this Agreement and its rights and obligations under this Agreement without your
consent. No consent or waiver by any party to or of any breach or default by any
other party in its performance of its obligations under this Agreement will be:
(a) deemed or construed to be a consent to or waiver of a continuing breach or default
or any other breach or default of those or any other obligations of that party;
or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other
related documents be drawn up in the English language. Les parties conviennent et
exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient
rédigés en anglais.
Any rights not expressly granted by this Agreement are reserved to BOATEREXAM.
You may contact BOATERexam.com® by telephone, email, or postal mail:
BOATERexam.com®
203-1568 Carling Avenue
Ottawa, Ontario K1Z 7M4
USA
Toll Free: 1-866-764-2628
Email: [email protected]
Canada
Toll Free: 1-866-688-2628
Email: [email protected]