Boat-Educator.com is an operating name of ALMAX Vision Corporation (hereinafter “Company”). This policy applies to ALMAX Vision Corporation and all of its named operations, and divisions and brands.
YOUR CONSENT
By visiting our website, you agree that you have read these terms, you understand them and your visit is governed by the ALMAX Vision Corporation Privacy and Legal policies, which may be revised from time to time. If you do not agree to these terms and conditions, you are not authorized to access or use the Website and you are to cease accessing or otherwise using the Website.
APPLICABILITY & PRIVACY
(a) These Terms of Use, later “terms” apply to the use of the internet platform under the domain Boat-Educator.com (hereinafter “platform”) and all offers and services that can be called up here (hereinafter “services”). In addition, these terms of use apply to the social media channels of Boat-Educator.com – YouTube, Instagram, Facebook and Twitter.
(b) These Terms of Use apply in particular to the fee-based retrieval of e-learning offers to support the theoretical preparation for the examinations for pleasure boating licenses (hereinafter “online courses”) as well as issuing of boater safety education card.
(c) In addition to these Terms, the data protection declaration (available in the footer of the platform under the link “Privacy Policy”) and the terms of use of the website (readable at https://boat-educator.com/privacy further down the page) apply when using the platform under the heading “Terms of Use”).
WEBSITE ACCESS
You are responsible for making all necessary arrangements to have access to the website. We reserve the right to withdraw or amend the website, and any service or material that we provide on the website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the website is unavailable at any time or for any period.
COPYRIGHT, INTELLECTUAL PROPERTY
(a) The Website and all of its contents (including but not limited to all content, page headers, software, text, images, scripts and presentation, applications, data, video and audio, and the design, selection, and arrangement on or through the Website) is the property of the Company, its licensors or other providers of such materials and are protected under the copyright laws of the United States and other laws. The Website is made available for your lawful, personal use only. Any infringement of the Company´s rights will result in appropriate legal action. Using the Website for any other purpose or in any different manner is strictly prohibited.
b) You may not modify any of the pages and do not delete or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, transmitted, modified, republished, uploaded, destructed, posted, mirrored, or distributed in any way, in whole or in part, without the express prior written consent of ALMAX Vision.
The following exceptions are allowed:
(i) you may store files that are automatically cached by your web browser to improve viewing;
(ii) if we make any desktop, mobile, or other downloadable application available, you may download a single copy to your computer or mobile device solely for your personal, non-commercial use;
(c) The company name; logo; and all related names, product names, and designs are trademarks of the Company, its affiliates, or licensors. You may not use such Marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on the site are trademarks of their respective owners.
(d) With the conclusion of the contract, the customer is granted the right to use the services and deliveries of goods within the framework of the statutory provisions. Use is only permitted on the hardware platforms and their operating system environment(s) supported by Boat-Educator.com.
(e) For software, and online products, ALMAX Vision Corporation grants the customer a simple, non-transferable, non-exclusive, and non-sublicensable right of use for a limited period for the agreed term of the user contract. The right of use is limited to the service specified in this section under points (a), (b), (c), (d), and (e).
ONLINE COURSES
(a) Online courses are protected by copyright as database works. The individual documents are also protected by copyright; If the actual use impairs the legitimate interests of the Company unreasonably, ALMAX Vision is entitled to restrict or prevent access to the online platform. This applies in particular to the duplication, distribution, or public reproduction of essential components or the repeated and systematic duplication, distribution, or public reproduction and making non-essential parts of the online course available. All copyrights, rights of use, and other property rights to the online courses not expressly listed below remain with ALMAX Vision as the owner of all rights of use and property rights.
(b) The customer acquires the right to access the online courses from any computer that is suitable for these purposes. The contractual relationship’s agreement determines the duration of the right of use; the customer will be informed of this at the beginning of the contract and will end at the latest when the contractual relationship expires. The customer is permitted to print out the documents or parts of documents called up to a reasonable extent and to archive them for his personal purposes. He is also entitled to temporarily download parts of documents or work aids to a reasonable extent to process his documents.
TRADEMARK AND LOGOS
Boat-Educator™, www.Boat-Educator.com, ship’s wheel-logo, and other names and logos on or in connection with the Website (the “Marks”) are registered or unregistered trademarks, service marks, tradenames, and logos owned or licensed by ALMAX Vision Corporation or 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 license or right to use any of the Marks.
YOUR OBLIGATIONS, USER ACCOUNT, REPRESENTATIONS
(a) You may only use the website for lawful purposes and in accordance with this policy.
(b) 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. You will immediately notify ALMAX Vision of any changes to your information. You can use the forms in the user area of the platform and change your details yourself.
(c)The user may only have one user account. The user account is only valid for the registered user personally and is not transferable. The user must also ensure that third parties do not gain access and are responsible for any misuse of his user account.
(d) you represent that:
(i) you are of legal age to form a binding contract with ALMAX Vision;
(ii) you will not use the Website in any way that violates any applicable local or international law or regulation;
(iii) you will not impersonate or attempt to impersonate the Company, any employee of the Company, any other user, or any other person or entity;
(iv) you will not do anything that may disable, overload, damage, or impair the Website or interfere with any third party’s enjoyment of the Website;
(v) you will not use any robot or other automated device, process, or means to access the Website for any unlawful purpose or in violation of this Policy;
(vi) you will not introduce any viruses, Trojan horses, worms, or other material which is malicious or technologically harmful;
MISPRINTS, ERRORS, & CHANGES
(a) Boat-Educator.com intends that the information contained in the Websites be accurate and reliable; however, errors sometimes occur, like typographical errors, mistakes, inaccuracies, omissions (including incorrect product specifications), or other errors. Boat-Educator.com cannot guarantee that products and services advertised on the Website will be available when the order is placed or after that.
(b) Boat-Educator™ reserves the right to:
(i) correct any errors, inaccuracies, or omissions at any time without prior notice or liability to you or any other person;
(ii) change at any time the products and services advertised or offered for sale on the Website; the prices, fees, charges, and specifications of such products and services; all promotional offers; and any other website content without notice or liability to you or any other person;
(iii) refuse, correct, cancel or terminate any order, including accepted orders, for any reason;
(iiii) limit quantities available for sale or sold.
LOGIN NAMES AND PASSWORDS
The customer receives personal access from Boat-Educator™ for the duration of the online course, consisting of a user name and password. The participant is obliged to keep the user’s name and password secret. Passing on the user’s name and password to third parties is not permitted.
The customer must inform Boat-Educator™ immediately if the access data or password is lost or if there is suspicion that this data has been misused. In addition, Boat-Educator™ is entitled to block access to the customer account or to the online products in the event of misuse. The customer is liable to Boat-Educator™ for misuse for which he is responsible. If Boat-Educator™ determines that the participant has given the user’s name and password to third parties, Boat-Educator™ is entitled to block the participant’s access to the online course.
COURSE AVAILABILITY AND NON-REFUNDABLE FEES
Online courses must be completed within 90 days of payment when your access to the course will expire. Course and Card Fees are non-refundable. Suppose a pay-up-front course is not completed within 90 days of payment or you fail to satisfy any other requirements necessary for Boat-Educator™ to submit your Card Fee to the applicable State agency. In that case, any Course and Card Fees will be forfeited, and Boat-Educator™ will be under no obligation to refund or pay the Card Fees to the appropriate State agency or any other person. If you fail to complete the course within 90 days and would like to re-register, you will need to pay additional Course and Card Fees.
COURSE FEES
Buying an online course, you must select a payment method and provide your credit card or other payment device information. You represent and warrant to Boat-Educator™ that this information is true and that you are authorized to use the means of payment. You will promptly update your account information as changes occur (e.g., a change in your billing address or credit card expiration date). You agree to pay Boat-Educator™ the amount specified in the payment plan, subject to the terms of that plan and these Terms of Use. You hereby authorize Boat-Educator™ to charge your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any fees incurred thereby. If you dispute any fees, you must notify us within 30 days of the date Boat-Educator™ bills you for fees.
RECURRING PAYMENTS (subscriptions), if applicable
(a) If you select an online course with an automatic renewal feature (“Recurring Subscription”), you authorize Boat-Educator™ to maintain your account information and automatically bill that account upon renewal via the service of your choice, without any further action on your part. In the event Boat-Educator™ is unable to charge your account as authorized by you when you signed up for a recurring subscription, Boat-Educator™ may, at its sole discretion: (i) bill you for the online course and your access to suspend the online course until payment is received, and/or (ii) attempt to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
(b) Boat-Educator™ may change the price for recurring subscriptions from time to time. Price changes for recurring subscriptions will take effect at the beginning of the next subscription period after the price change date. You accept the new price by continuing to use your recurring subscription after the price change takes effect. If you do not agree to the price changes, you have the right to reject the change by canceling your recurring subscription.
(c) Payments are non-refundable, and there are no refunds or credits for partially used periods. You can cancel a recurring subscription at any time, but if you cancel your subscription before the end of the current subscription period, no subscription fees already paid to us will be refunded. After cancellation, you will continue to have access to the online course until the end of your current subscription period. We may, at any time and for any reason, provide a refund, discount, or other consideration to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credit, in any event, does not entitle you to any future credit for a similar event and in no way obliges us to any future credit.
Your subscription can be canceled by contacting Support at [email protected] or by going to Settings in your account.
LIMITATION OF LIABILITY
DISCLAIMERS
The website and the information, software, products and services associated with it are provided “as is.” Boat-Educator™ and/or its suppliers, lenders, issuers, partners, providers, or real estate professionals disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the website and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, ALL OF WHICH ARE DISCLAIMED BY Boat-Educator™ TO THE FULLEST EXTENT PERMITTED BY LAW. Use of the Website and/or Boat-Educator™ services is at your own risk.
LIABILITY EXCLUSIONS
Boat-Educator™ 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 Boat-Educator™ OR ANY PERSON FOR WHOM Boat-Educator™ IS RESPONSIBLE, AND EVEN IF Boat-Educator™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
DISCLAIMER OF LIABILITY
Boat-Educator™ shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury, or expense of any nature whatsoever that may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to your access and use of this website, any information, course materials, videos, animations, or knowledge-based content, contained on the website. In particular, your personal information or material and information transmitted through our system, neither Boat-Educator™ nor any third party or data or content provider shall be liable in any way to you or to any other person, firm, or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury, or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
CHANGES TO THESE TERMS
ALMAX VISION or Boat-Educator™ 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.
EFFECT of the Terms
Suppose any provision of this Agreement is invalid or unenforceable for any reason. In that case, the provision will be deemed severed from this Agreement, and the remaining provisions will continue in full force and effect.
CONTACT
If you have any questions about these terms of use, the practices of the Boat-Educator™, or your dealings with this website, please contact us:
at [email protected], or telephone at 1-814 – 351 – 1207 or by postal mail:
ALMAX Vision Corporation (producer of Boat-Educator™)
1110 SW 28TH ST
Cape Coral, FL 33914
814 – 351 – 1207
