BOATERexam.com® Web Site Use Agreement
This version in effect since May 16th, 2007.
WELCOME TO BOATERexam.com®. PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS
YOUR USE OF THE 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
- Unsolicited Submissions
- Your Information
- Disclaimers, Liability Exclusions/Limitations and Indemnity
- Personal Information Privacy
- Other Sites/Resources
- Governing Law and Dispute Resolution
- Refund Policy
- Quality Policy
- Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
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 Boater Exam America, Inc. (BoaterExam)
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 the BOATERexam.com® 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
This Agreement is in addition to any other agreement you may have with BoaterExam, including
a transaction agreement.
2. PERMISSION TO USE THE WEBSITE
You may use the Website only if you are a resident of the United States or Canada,
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
3. CHANGES TO THIS AGREEMENT
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 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
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 United States dollars.
6. TRADE-MARK INFORMATION
BOATERexam.com®, 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.com® 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.com® 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 1-866-764-2628
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.
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
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.
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.com® 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 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
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
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, 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, this Agreement, with all necessary modifications, applies
to your access and use of any Other Sites and their business, goods, services and
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. 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 you hereby irrevocably submit and attorn to
the original and exclusive jurisdiction of those courts in respect of all Disputes.
18. NEW REFUND POLICY
Courses must be completed within 90 days of payment at which time your access to the course will expire. Course and Card Fees are non-refundable.
There will be no refunds unless the customer was charged more than once due to technical problems during the payment process.
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 Boater Education Card and could
face criminal charges.
In the case where BOATERexam.com® is able to reasonably confirm that a fraudulent name was used,
or that cheating took place, the candidate will not receive a refund and will not
receive his/her Boater Education Card.
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 Boater Education 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.com®.
You may contact BOATERexam.com® by telephone, email, or postal mail:
Boater Exam America, Inc.
203-1568 Carling ave.
Ottawa, Ontario K1Z 7M4