TERMS OF SERVICE
Effective Date: March 18, 2024
Welcome to Saleboat.
Please read on to learn the rules and restrictions that govern your use of our Website(s), Products, Services and Applications. These Terms of Service (“Terms”) are a binding contract between Saleboat Tech, LLC (“Saleboat”, “we”, “us”, or “our”) and you and/or the legal entity you represent when you sign up for any Service (“You” or “User”). These Terms apply to all visitors and all who use our Services (“Saleboat Services”), including but not limited to the Saleboat Website (www.saleboat.com), the Saleboat Software, and any Saleboat software applications (“Applications”). You must agree to and accept all of these Terms, or you will not be permitted to use the Saleboat Services. Your use of any of the Saleboat Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use any of the Saleboat Services. These Terms include the provisions in this document, as well as those in our Privacy Policy. If you have any questions, comments or concerns regarding these Terms of Service, please contact us at legal@saleboat.com or write us at Saleboat Tech, LLC, 24 Hillel Place, Brooklyn, New York 07102.
We are continually striving to improve the Saleboat Services we offer and the Applications we use to implement the Saleboat Services. These Terms are subject to change at any time, with or without prior notice, along with (or unrelated to) such changes and improvements. We reserve the right to change these Terms at any time, and you agree to be responsible for reviewing these Terms on a regular basis. However, any time we change these Terms, we will bring it to your attention by indicating a new Effective Date at the top of these Terms. In limited instances, such as where in our sole discretion we feel that any changes to these Terms require your immediate attention, we may choose to use alternative or additional means of notification of changes to these Terms such as by placing a notice on the Saleboat Website or sending you an email and/or by some other means.
If you use any of the Saleboat Services in any way after a change to the Terms is effective, that means you agree to all changes. Except for changes by us as described above, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and an officer of Saleboat.
YOU UNDERSTAND AND AGREE THAT BY USING THE SALEBOAT WEBSITE OR ANY OF THE SALEBOAT SERVICES OR APPLICATIONS AFTER THE EFFECTIVE DATE ABOVE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PAYMENT PROVISIONS AND INFORMAL DISPUTE RESOLUTION AND MANDATORY BINDING ARBITRATION/JURY TRIAL AND CLASS ACTION WAIVER PROVISIONS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MUST NOT ACCESS OR USE ANY OF THE SALEBOAT SERVICES OR APPLICATIONS. IF YOU AGREE TO THE TERMS ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS.
We respect the privacy and security of our Users. You understand that by using any of the Saleboat Services, you give consent to the collection, use and disclosure of your personally-identifiable information as well as any non-personally-identifiable information, in the limited manner described in our Privacy Policy, which is a material portion of these Terms.
1. Registration
Upon signing up for certain Saleboat Services, you must first create a User Account. This may require you to provide certain registration data including personal information which may be necessary to administer your Saleboat account, such as your true, accurate, current, and complete personal name and/or business name, administrator name, billing address, shipping address, the addresses where the Saleboat Services will primarily be used, email address, contact phone number, credit card information, user name, password and any other data which Saleboat may deem to be necessary (“Registration Data”). You may not select a name that you do not have the right to use, or another person’s name with the intent to impersonate or deceive that person or any other person. Nor may you select a fictitious name with an intent to deceive. You may not transfer your account to anyone else without our prior written permission. You hereby consent for any personally identifiable Registration Data to be shown by us to other members of the public, including other Users of Saleboat Services in accordance with our Privacy Policy.
Saleboat may refuse to allow you to create a User Account (or may decide to cancel your User Account) for any reason in its sole discretion. You represent and warrant that the Registration Data and all other information you provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If you provide Registration Data that is, or that Saleboat suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, Saleboat has the right, in its sole discretion, to cancel your User Account, suspend or terminate your use of any and all Saleboat Services and refuse any and all current or future use of all Saleboat Services by you, your business(es), affiliates and all users of your User Account. Upon entry of all Registration Data and acceptance of this Agreement, Saleboat will provide you with, as applicable, a password(s) (which Saleboat may allow you to select within certain guidelines), username or user ID(s), and other account information.
You hereby represent that you are of legal age to form a binding contract or have obtained parental or guardian consent to do so. You further represent that you are legally able to accept these Terms and that you are not a person barred from receiving and using Saleboat Services under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use Saleboat Services. If you do not agree to all of these Terms, you may not use Saleboat Services.
You will only use Saleboat Services for your own personal or business use and only in a manner that complies with all laws that apply to you. If applicable laws prohibit your use of Saleboat Services, then you are not authorized by us to use Saleboat Services. Saleboat cannot and will not be responsible for your use of Saleboat Services in a way that violates any law.
You are personally responsible for all activity that takes place when any Saleboat Service is accessed through your User Account, whether or not you authorized that activity. Therefore, if you create a User Account, please maintain confidential your username and password. You agree and acknowledge that your login information may only be used by one (1) person, and that you will not share a single login among multiple people. You understand and agree that Saleboat is not and will not be liable for any loss or damage arising from your failure to protect your username and password or other User Account information. You agree that you will immediately notify Saleboat of any unauthorized use of your password or User Account, or any other breach of security involving Saleboat. In no event shall Saleboat be liable for any unauthorized use of your User Account. You may contact Saleboat at any time at help@saleboat.com to request Saleboat to unregister your account or Saleboat may choose to provide Users with the ability to unregister their User Account(s) online.
2. Saleboat Services
Saleboat is a technology company that creates, among other things, web-based and mobile-based business communications software, services, and applications. The Software enables Clients to perform automatic remote monitoring of Contractors’ work-related activities.
2.1 Billing Privacy.
Saleboat uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information except to process your credit card information for Saleboat. For more information about our billing practices and your personal information please visit our Privacy Policy.
2.2 Taxes.
Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Saleboat based on its income. We will charge you for such Taxes if we believe we have a legal obligation to do so.
2.3 Billing Disputes.
Clients have fifteen (15) days after receiving a receipt for payment to Saleboat Services in which to initiate a dispute by emailing Saleboat at billing@saleboat.com, otherwise you agree that you have waived all rights with respect to the time period for such billing/invoice. Saleboat will respond to any inquiry or dispute with respect to billings within thirty (30) days of receipt of a written inquiry or dispute, but until resolved, you agree to pay all invoices in a timely fashion, even those subject to dispute. You agree that you will initiate a dispute with Saleboat and seek resolution informally under our informal dispute resolution process prior to filing a dispute with your credit card company. If you fail to initiate a dispute with Saleboat first, and do not allow for the 30 days response time, you acknowledge that you thereby waive your right to file a dispute with your credit card company.
THE FOREGOING DOES NOT APPLY TO DISPUTES CONCERNING AMOUNTS OWED TO A CONTRACTOR UNDER A CONTRACTOR SERVICE AGREEMENT.
2.4 Saleboat is Not a Party to Contractor Service Agreements
Saleboat hosts services which may be used to monitor Contractor Services. However, Saleboat is not a party to any Contractor Service Agreements between Contractors and Clients. Nor is Saleboat a party to any dispute between Clients and Contractors. Notwithstanding the foregoing, all Contractors and Clients agree to appoint Saleboat as a third-party beneficiary of their Contractor Service Agreements for the limited purpose of enforcing any obligations owed to, and any benefits conferred on, Saleboat under these Terms of Service, including but not limited to challenging any effort by a Contractor and/or Client to expand Saleboat’s obligations or restrict Saleboat’s rights under these Terms of Service.
Subject to these Terms of Service, Saleboat maintains and provides Contractors and Clients with access to the Saleboat Services, by which a Client may monitor Contractors activities. When a Client and a Contractor use Saleboat Services, the Client may use the Saleboat Services to communicate and monitor Contractor Services online. You acknowledge and agree that use of Saleboat Website, Services and Applications to facilitate the foregoing operations does not create an employment, independent contractor, or any other type of business relationship between Saleboat and Client and/or between Saleboat and Contractor and does not alter the nature of the independent contractor relationship between Contractor and Client.
Contractor and Client acknowledge and agree that Contractors are not employees, independent contractors or agents of Saleboat. Saleboat merely provides the systems and Saleboat Services for Contractors to communicate, share and exchange information. Contractor acknowledges and agrees that they will not be directly or indirectly providing any services to Saleboat. Contractor understands and agrees that the terms of the Contractor Service Agreement, including pay rate, work hours, service dates and working conditions will be established by agreement between Contractor and Client through the Saleboat Services, and not by Saleboat.
Contractor and Client acknowledge and agree that Saleboat does not in any way supervise, direct, or control Contractors. Saleboat does not set Contractors’ contract terms (including rate, nature of work, work hours, work schedules, or location of work). Contractor and Client acknowledge and agree that Saleboat licenses use of the Saleboat Services for use by Users but Saleboat will not provide Contractor with training or any equipment, labor, or materials needed to perform for a particular Contractor Service Agreement, and that Saleboat does not provide the premises at which the Contractors will perform services.
2.5 Dispute Resolution
With respect to disputes arising between Client and Contractor, you agree to abide by the dispute resolution provisions set forth herein and any additional dispute resolution provisions that apply to your particular Contractor Service Agreement.
2.6 Client is Responsible for Classification of Contractor as Employee of Client or Independent Contractor
Client agrees to be solely responsible and to assume all liability for determining whether Contractor is properly classified as an independent contractor or an employee and for engaging Contractor based on the appropriate determination. Saleboat disclaims any liability for such determination. These Terms of Service do not create a partnership or agency relationship between Users and/or Saleboat. Client and Contractor recognize and acknowledge that they have no authority to enter into written or oral (whether implied or express) contracts on behalf of Saleboat. For Contractor Service Agreements classified as independent contractor relationships, Client may not require an exclusive relationship with the Contractor. A Contractor that is classified as an independent contractor is free at all times to provide services to persons or businesses other than Client, including any competitor of Client, subject to any confidentiality requirements.
Saleboat does not employ or classify Contractors retained by Clients. Saleboat merely provides the Saleboat Website and the Saleboat Services and Applications. Client and Contractor understand and agree that the pay rate, work conditions, and work dates will be established or confirmed by the Client and/or Contractor, and not by Saleboat, and that Contractor will not have any contract with Saleboat regarding such service terms. Any job posting, proposal, pay rate, rating, review, work experience posting, or other information accessed through the Saleboat Website or Saleboat Services is solely for the purpose of enabling Contractor to communicate with Clients and vice versa. Contractor acknowledges and agrees that he/she is not an employee of Saleboat, that he/she will not be providing any services to Saleboat (directly or indirectly), and will not at any time represent, assert or claim to be or have been an employee, independent contractor or agent of Saleboat.
Contractor understands and agrees that Saleboat Services include software for monitoring Contractor’s work status and recording and reporting cumulative time worked by Contractor to the Client(s) with whom Contractor has entered into a Contractor Service Agreement(s). Client agrees to review all time/work status logs prepared by the Saleboat Services and to pay the Contractor for the time worked as reflected in the status logs.
CONTRACTOR HAS NO RECOURSE AGAINST SALEBOAT FOR NON-PAYMENT OF CONTRACTOR SERVICE FEES BY CLIENT. SALEBOAT DOES NOT WARRANT OR GUARANTEE PAYMENT BY CLIENTS OR THAT THE SALEBOAT WEBSITE, SERVICES AND APPLICATIONS WILL BE WORKING, AND IN WHICH YOU AGREE THAT SALEBOAT WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES INCURRED FOR ANY REASON INCLUDING NON-PAYMENT AND INABILITY TO USE THE SALEBOAT WEBSITE OR ANY SALEBOAT SERVICES OR APPLICATIONS.
2.7 Formal Invoices and Taxes
Saleboat will have no responsibility for determining the necessity of or for the issuance by Contractor of any formal invoices, or for determining, remitting, or withholding any taxes applicable to Contractor Service Fees. Client and Contractor will be solely responsible for determining whether applicable law requires formal invoices for Contractor Service Fees and for issuing any invoices so required. Client and Contractor will also be solely responsible for determining whether: (a) Contractor or Client is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Contractor Service and remitting any such taxes or charges to the appropriate authorities on behalf of Client or Contractor, as appropriate; and (b) Client is required by applicable law to withhold any amount of the Contractor Service Fees and for notifying Saleboat of any such requirement and indemnifying Saleboat (either by Saleboat, at our sole discretion, offsetting the relevant amount against a future payment of Contractor Service Fees to Contractor or Contractor reimbursing Saleboat for the applicable amount) for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Saleboat, Contractor and Client agree to promptly cooperate with Saleboat and provide copies of tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing that Contractor is engaging in an independent business as represented to Saleboat.
2.8 Payment Terms
In order to use certain features of the Saleboat Services, Client must provide account information for at least one valid “Payment Method.” Currently, Saleboat accepts payment only by credit card. Client hereby authorizes Saleboat (or a third-party designed by Saleboat) to run credit card authorizations on all credit cards provided by Client to Saleboat, to store credit card details as Client’s method of payment for Services, and to charge Client’s credit card. Credit will be charged by a third-party payment processor designated by Saleboat.
By providing credit card details through Saleboat Services, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information; (b) Client is legally authorized to make payments using the credit card provided; and (c) such action does not violate the terms and conditions applicable to Client’s use of such credit card or applicable law. When Client authorizes a payment using a credit card via Saleboat Services, Client represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated credit card. To the extent that any amounts owed under these or any other Saleboat Terms and Conditions cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.
Saleboat uses a third-party payment processor to bill you through a credit card linked to your User Account. The processing of payments will be subject to the terms, conditions and privacy policies of the third-party payment processor in addition to these Terms of Service and our Privacy Policy. For more information about our billing practices and your personal information please visit our Privacy Policy. Saleboat is not responsible for errors by the third-party payment processor. By utilizing Saleboat Services, you agree to pay us, through the third-party payment processor, in accordance with the applicable payment terms. Saleboat reserves the right to change its prices and to offer discounts and temporary promotions. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities using Saleboat Services. You also agree that it is your responsibility to maintain adequate credit to cover all Contractor Service Fees and Saleboat charges. You agree that if you do not maintain a valid, non-expired card on file with us with a sufficient balance to cover Contractor Service Fees and Saleboat charges during any billing attempt, you may be subject to interest and penalties, suspension and/or revocation of your User Account. You irrevocably and expressly authorize Saleboat to withhold any monies and/or debit any monies from any Payment Method that you have identified to Saleboat for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to Contractors and/or Saleboat.
2.9 3% Payment Processing Fees Charged to Client
In addition to any charges described herein, we will charge Clients a payment processing and administration fee of 3% of the total amount of each payment made.
3. Confidential Information
3.1 “Confidential Information” Defined
“Confidential Information” means lead lists and all Work Product, and any other information provided to, or created by, a Contractor for a Client under a Contractor Service Agreement or provided to a Contractor to perform or assist in performing Contractor Services, regardless of whether in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Client or Contractor; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by Contractor prior to receiving it from Client and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by Contractor without use of another person’s Confidential Information.
3.2 Confidentiality
To the extent a Client or Contractor provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of Contractor Services (including, without limitation, the storage or transmission of Confidential Information on or through Saleboat Services for use by Contractor); and (c) limit access to another’s Confidential Information to its personnel who need to know such information for the performance of Contractor Services.
3.3 Return of Confidential Information
If and when Confidential Information is no longer needed for the performance of Contractor Services or at the discloser’s written request (which may be made at any time at Client's or Contractor’s sole discretion), the party that received Confidential Information, will, at its expense, promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. The party that received Confidential Information agrees to provide written certification to the party disclosing the Confidential Information of compliance with this subsection within ten days after the receipt of the disclosing party’s written request for such certification.
3.4 Non-Publication of Confidential Information
Client, Contractor, and Saleboat will not publish, or cause to be published, any other party’s Confidential Information or Work Product, except as may be necessary for performance of Contractor Services for a Contractor Service Agreement. Client and Contractor recognize and agree that publication by Saleboat of Client job postings and Contractor profile (and all information contained therein, including Contractor work statistics, work history, ratings and reviews) are specifically excluded from the provisions of this Section and shall not be deemed to constitute Confidential Information within the meaning of these Terms of Service.
3.5 Client Materials
Client grants Contractor a limited, non-exclusive, revocable (at any time, at Client’s sole discretion) right to use any materials provided by Client to Contractor (“Client Materials”) that Client deems necessary solely for Contractor’s performance of the Freelance Services specified under the applicable Contractor Service Agreement. Client reserves all other rights and interest, including, without limitation, all intellectual property rights, in and to the Client Materials. Upon completion or termination of the Contractor Service Agreement, or upon Client’s written request, Contractor will immediately return all Client Materials to Client and further agrees to destroy all copies of Client Materials and any deliverables produced pursuant to the Contractor Service Agreement contained in or on Contractor’s premises, systems, or any other equipment or location otherwise under Contractor’s control. Within ten days of such request from Client, Contractor agrees to provide written certification to Client that Contractor has returned or destroyed all Client Materials and other work product as provided in this subsection.
4. Responsibility for User Content and Call Recording
We respect the rights of persons who create and/or own content and expect you to do the same. Given the nature of the Saleboat Services and Applications and the volume of information submitted, we cannot and do not monitor all of the materials posted or transmitted by you via Saleboat Services and Applications. You expressly agree that we will not be liable for such materials. We reserve the right, but are not obligated, to remove content from Saleboat Services or Applications for any reason, including content that we believe violates these Terms of Service or our Acceptable Use Policy below.
If Saleboat offers you the ability to record calls and you choose to use this feature of the software you must comply with all state and federal laws, regulations and rules prior to recording any telephone calls and you expressly warrant and represent to Saleboat that you will comply at all times. Saleboat makes no representations or warranties with respect to call recording and recommends that you always secure consent before recording in order to avoid inadvertent violations of the law. You acknowledge that these representations and obligations are essential to the ability of Saleboat to provide you with access to call recordings and you further agree to indemnify, defend and hold Saleboat and its officers, directors, owners, employees, agents, consultants and vendors harmless from and against any and all liabilities, losses, claims, damages, causes of action, costs and expenses (including attorneys’ fees) that may be incurred by Saleboat arising out of or related to your acts or omissions in connection with call recordings, whether such claims arise under contract, tort, statute or other legal theory.
5. Acceptable Use Policy
5.1 General
This Acceptable Use Policy applies to all Saleboat Services and Applications.
Saleboat may act immediately and without notice to suspend or terminate Saleboat Services if, in Saleboat’s sole discretion, any User’s use of the Saleboat Services violates the terms of this Acceptable Use Policy.
The following is a partial list of the kinds of activities that are prohibited through Saleboat Services: (a) submitting materials that are patently offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting materials that could be harmful to and/or contribute to the delinquency of minors; (c) engaging in activity or submitting materials that harass or advocate harassment of another person, including but not limited to any form of harassment via email, telephone, text, paging, or facsimile, or any other means, whether through language, imagery, frequency, or size of messages; (d) sending unsolicited email messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material (email spam); (e) creating or forwarding “chain letters”, “Ponzi” or other “pyramid” schemes of any type; (f) harvesting or otherwise collecting personally-identifiable information about users of Saleboat Services, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (g) gathering User Data (Client or Contractor data) for solicitation purposes; (h) unauthorized use, or forging, of email header information; (i) use of unsolicited email originating from within Saleboat’s networks to advertise any service offered by a third party other than Saleboat; (j) engaging in activity, or submitting materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (k) solicitation of email for any other email address, other than that of the poster’s account, with the intent to harass or to collect replies; (l) submitting materials that contain restricted or password-only access pages, or hidden pages or images; (m) submitting materials that display pornographic or sexually explicit material of any kind; (n) submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (o) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (p) engaging in activities or submitting materials that solicit passwords or personally-identifiable information for unlawful purposes from other users; (q) engaging in unauthorized commercial activities and/or activities which require prior verbal, written or governmental authorization or consent without obtaining such prior verbal, written or government authorization or consent such as advertising, solicitations, contests, sweepstakes, barter, pyramid schemes, unsolicited marketing or other activities, including any activities that violate anti-spam laws and regulations including the CAN SPAM Act of 2003, the TCPA Rules (as defined below), and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction); (r) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the website or for any other unauthorized purpose without our prior written consent; (s) using any device, software, or routine to interfere or attempt to interfere with the proper working of any the Saleboat Website or any Saleboat Service or Application; (t) copying, decompiling, reverse engineering, or disassembling any Saleboat software or attempting to do so; (u) using any Saleboat product to create a derivative product (the phrase “derivative product” is specifically defined herein to constitute a work that is derived from an Saleboat product but the phrase, as used herein, is broader than the term “derivative work” as used in the Copyright Act in that it is intended to encompass derivative works irrespective of whether they infringe any copyright), or (v) taking any action that imposes an unreasonable or disproportionately large load on the Saleboat Website or any Saleboat Service, Application or our hardware and software infrastructure or that of any of our licensors or suppliers.
5.2 Auto-dialing; trunking; traffic pumping.
In addition to the prohibitions described above, Saleboat Services, (including any device, system, network, or account used in connection with the Saleboat Services, or the Saleboat Network) may not be used to perform auto-dialing, predictive dialing, trunking and/or traffic pumping. You may not trunk or forward your Saleboat phone or fax number to other numbers that handle multiple simultaneous calls or to a private branch exchange (PBX) or a key system; traffic pumping or access stimulation of calls through the Saleboat Services or the Saleboat Network.
In addition, you represent and agree that you will not use the Saleboat Website or any Saleboat Services or Applications for any purpose other than for your internal business purposes, nor will you use the Saleboat Website or any Saleboat Services or Applications in violation of any applicable laws or regulations (including those relating to the recording of telephone calls, telemarketing, and the sending of text or SMS messages), industry standards, third party policies (including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association), or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction), or these Terms of Service.
Notwithstanding anything to the contrary in this Agreement, Saleboat may act immediately and without notice to suspend or limit the Saleboat Services if Saleboat reasonably suspects fraudulent or illegal activity in the User’s Account, material breach of the Acceptable Use Policy, or use of Saleboat Services that could interfere with the functioning of the Saleboat Network, provided such suspension or limitation may only be to the extent reasonably necessary to protect against the applicable condition, activity, or use. Saleboat will promptly remove the suspension or limitation as soon as the condition, activity or use is resolved and mitigated in full. If Customer anticipates legitimate but unusual activity on its Account, Customer should contact Saleboat Support in advance to avoid any Service disruption.
5.3 Calling and Messaging through Saleboat Services
You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your User Account, including without limitation the electronic transmission of messages and calls that you create and initiate through the Saleboat Services or Applications. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the Saleboat Services or Applications by visiting the following websites: www.ftc.gov (Federal Trade Commission), www.fcc.gov (Federal Communications Commission) and www.donotcall.gov (Do-Not-Call Registry Info).
You further acknowledge that you will comply with the requirements of the Telephone Consumer Protection Act of 1991 together with final rules and regulations (collectively, “TCPA Rules”). You understand and agree that you are solely responsible for complying with the TCPA Rules and any other state, federal or local laws, rules and regulations governing electronic communications between you and the owners of the phone numbers you initiate calls or messages to through the Services. Without limiting the foregoing, you represent and warrant that the owners of the phone numbers have given prior express consent or otherwise opted-in to the receipt of such calls or messages as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information on your calls or messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, to the extent applicable. You further agree that any individuals requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and you further agree that you will not initiate any subsequent messages or calls to any individuals after they request DNC status. The TCPA Rules, the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and text messages. Saleboat is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your use of the Saleboat Services or Applications to initiate calls or messages.
6. Content
6.1 Saleboat Name, Website, Services and Applications.
The Saleboat name, and the Saleboat Website, Services and all Saleboat Applications, and the information which they contain, are the property of Saleboat Tech, LLC and/or its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, patent law, trade secret law, computer privacy and espionage laws, international conventions and other intellectual property laws. Saleboat and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Saleboat name, and the Saleboat Website, Services and Applications. You may use the Saleboat Website, Services and Applications (including any content and materials included on the Saleboat Website, Services and Applications) for your own use as described and limited herein. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, create any works that are based on or which are developed using the Saleboat Website, Services or Applications as a model, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Saleboat Website, Services or Applications unless explicitly authorized in these Terms of Service or in writing by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the Saleboat Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may also print a copy of these Terms of Service and any Contractor Service Agreement(s) you enter.
6.2 Submissions.
If and when you submit, post or display data, information or content (including your User Profile) through any Saleboat Website or Service, you are granting us and any third-party service providers and partners a worldwide, non-exclusive, irrevocable, transferable, assignable, worldwide, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods. You represent that any materials and content posted or otherwise submitted by you to the Saleboat Website or Services is original to you and that you have the right to grant us these rights.
The content that you submit may be modified or adapted for purposes of transmission, display, or distribution over computer networks or any media formats, in order to conform to any requirements or limitations in working with such networks, services, devices or media. We do not claim any ownership of the content that you submit, post, or display through the Saleboat Website or Services. You retain any and all ownership rights to the content that you submit and are responsible for protecting those rights. We reserve the right at all times to remove or refuse distribution of any content on our Website or Services.
We appreciate your feedback or other suggestions about the Saleboat Website and Services, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Saleboat by you through any means whatsoever is the exclusive property of Saleboat. Saleboat is entitled to use any information submitted for any purpose, without restriction (except as stated in Saleboat’s Privacy Policy) or compensation to the person sending the submission. You represent and warrant that you have the right and authority to make any submission you communicate to Saleboat, and you accept responsibility for the accuracy, appropriateness, and legality of any such submission.
Responsibility for what is posted in any public areas of the Saleboat Website Services lies with each User. You alone are responsible for the material you post or otherwise make available on the Saleboat Website or Services. We do not control the material that you or others may post or otherwise make available, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.
Any sample recordings made through your User Account may be erased by us at any time after the date the recording was made. Therefore, you should download your own copy of any such recordings soon after you make the recording.
7. Representations and Warranties
You represent and warrant that you have the power, right and authority to enter into this Agreement, and are capable of forming a binding contract.
Saleboat offers the Saleboat Website, Applications and Services solely for your business purposes, and not for personal use. To use the Saleboat Services, you must have, and hereby represent that you do have an independent business or intend to operate via Saleboat Services an independent business (whether conducted solely by you as a self-employed individual or sole proprietor, or as a corporation or other lawfully recognized business entity). You further represent that you intend to use Saleboat Services for your business purposes only. You understand that you must comply with any regional country/state/county/city/town licensing or registration requirements with respect to your business, and you represent that you comply with all such requirements. To register for a User Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts and that you are not barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. By registering for a User Account, by using the Website or Services on or after the Effective Date you agree to: (a) abide by these Terms of Service and any other Terms of Service published by Saleboat; (b) be financially responsible for your use of the Website or Services, including the purchase, performance and delivery of Contractor Services; and (c) perform your obligations as specified by any Contractor Service Agreement that you enter into, unless such obligations are prohibited by applicable law or these Terms of Service. Saleboat reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Saleboat Services upon discovery that any information you provided on any form or posted on the Saleboat Services or is not true, accurate, or complete, or such information or other conduct otherwise violates these Terms of Service, or for any other reason or no reason in Saleboat’s sole discretion.
8. Indemnification
By using the Saleboat Website and/or Services, you agree to indemnify, hold harmless and defend Saleboat, its affiliates, and its respective members, directors, officers, employees, agents, successors and assigns (each, an “Indemnified Party”), arising from or relating to any and all claims, damages, losses, liabilities, and all related costs and expenses, including but not limited to attorneys’ fees, resulting directly or indirectly from: any claim, suit, proceeding, demand, or action brought by you or a third party or other User, Client, or Contractor against an Indemnified Party relating to: (a) use of the Saleboat Website, Applications or Services by you or your agents, including any payment obligations incurred through use of the Saleboat Website, Applications or Services; (b) your failure to abide by these Terms of Service or other conduct that Saleboat deems to be in violation of this Agreement; (c) your violation of the rights of another; (d) any Contractor Service Agreement entered into by you or your agents, including, but not limited to, the classification of a Contractor as an employee; (e) the classification of Saleboat as an employer or joint employer of a Contractor; (f) any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (g) any content you submit or transmit through the Saleboat Website, Applications or Services; (h) defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof to the extent caused by you or your agents. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and the termination of your use of the Saleboat Website, Applications or Services.
9. No Warranties
ALL SALEBOAT SERVICES AND ANY CONTENT PROVIDED THEREIN ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. YOU AGREE NOT TO RELY ON ANY SALEBOAT SERVICES AND ANY CONTENT PROVIDED THEREIN, ANY INFORMATION ON THE SALEBOAT WEBSITE, OR PROVIDED VIA SALEBOAT SERVICES. ALL SALEBOAT SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SPECIFICALLY, BUT WITHOUT LIMITATION, SALEBOAT DOES NOT WARRANT THAT: (i) THE INFORMATION PROVIDED ON THE SALEBOAT WEBSITE OR THROUGH ANY AND ALL SALEBOAT SERVICES IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS OF THE SALEBOAT WEBSITE AND SALEBOAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SALEBOAT WEBSITE, SERVICES, AND THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SALEBOAT DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SALEBOAT DOES NOT GUARANTEE THE AVAILABILITY OF THE SALEBOAT SERVICES AND DOES NOT GUARANTEE THAT THE SALEBOAT WEBSITE AND/OR SERVICES WILL MEET YOUR NEEDS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SALEBOAT WEBSITE AND SERVICES IS AT YOUR SOLE RISK. SALEBOAT MAKES NO EXPRESS REPRESENTATIONS AND EXPLICITLY AND SPECIFICALLY EXCLUDES ANY AND ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
THIS SALEBOAT WEBSITE OR SERVICES MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF USERS, CLIENTS, CONTRACTORS, AND OTHER THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SALEBOAT WEBSITE OR SERVICES, OR ANY CONTENT POSTED BY ANY USER, CLIENT, CONTRACTOR, OR ANY OTHER THIRD PARTY. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, INFORMATION, OR USER CONTENT WILL BE AT YOUR SOLE RISK.
Saleboat may alter, suspend, add to, or discontinue the Saleboat Website or Services in whole or in part at any time for any reason, without notice or cost. Saleboat assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Saleboat Website or Services, or for interruptions in the Saleboat Website or Services, whether due to any act by Saleboat or otherwise. Saleboat does not assume any liability for the failure to store or maintain any user communications, account or profile information, or personal settings. By accessing the Saleboat Website or Services, you agree that Saleboat and its third-party providers and partners may place advertisements on the Saleboat Website or Services. The types of advertisements are subject to change. The Saleboat Website and Services may become unavailable due to maintenance or malfunction of computer equipment, servers, or other reasons within or without of Saleboat’s control. You agree that Saleboat will not be liable to you for any damages whatsoever due to any unavailability of the Saleboat Website or Services even if such unavailability prevents or interferes with your ability to fulfill or obtain fulfillment of Contractor Service Agreements.
You also expressly agree that neither we nor any of our directors, officers, members, stockholders, employees, consultants, agents or representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms of Service.
We do not endorse, support, represent or guarantee the truthfulness, completeness, accuracy or reliability of the content or any communications or materials posted via our Saleboat Website, Services or Applications. Any reliance or use of content or materials posted via the Saleboat Website, Services or Applications is at your own risk. Under no circumstances is Saleboat liable in any way for any content, including, but not limited to any errors or omissions of such content. We are also not liable for any loss or damage incurred as a result of the use of the content.
While we strive to protect your information in accordance with our Privacy Policy, we cannot be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other information stored on our equipment, transmitted over networks accessed by any Saleboat Services or Applications, or otherwise connected with your use of the Saleboat Website, Services or Applications.
10. Limitation of Liability
Saleboat is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to: (a) failure to be paid by a Client; (b) malfeasance or nonfeasance by a Contractor; (c) your use of or your inability to use any Saleboat Service(s), or any delays or disruptions in any Saleboat Service(s); (d) viruses or other malicious software obtained by accessing, or linking to, any Saleboat Service(s); (e) glitches, bugs, errors, or inaccuracies of any kind in any Saleboat Service(s); (f) damage to your hardware device from the use of any Saleboat Service(s); (g) the content, actions, or inactions of third parties’ use of any Saleboat Service(s); (h) a suspension or other action taken with respect to your User Account; (i) your reliance on the quality, accuracy, truthfulness, or reliability of job postings, User Profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through any Saleboat Service(s); and (j) your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to these Terms of Service.
ADDITIONALLY, IF YOU ARE DISSATISFIED WITH ANY SALEBOAT SERVICE(S) OR APPLICATION(S), OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SALEBOAT SERVICE(S) OR APPLICATION(S). UNDER NO CIRCUMSTANCES SHALL SALEBOAT, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DIRECT OR INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR APPLICATIONS OR THE INFORMATION AND MATERIALS CONTAINED ON OR OBTAINED THROUGH THE SERVICES OR APPLICATIONS, OR DIRECT OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND REGARDLESS OF WHETHER OR NOT SALEBOAT WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN NO EVENT SHALL THE TOTAL LIABILITY OF SALEBOAT FOR ALL DAMAGES UNDER THIS AGREEMENT EXCEED THE AGGREGATED AMOUNTS YOU PAID TO SALEBOAT DURING THE MOST RECENT ONE (1) MONTH PERIOD IN CONNECTION WITH YOUR USE. THE LIABILITY OF SALEBOAT, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $1,000; OR (B) ANY FEES RETAINED BY SALEBOAT WITH RESPECT TO CONTRACTOR SERVICE AGREEMENTS ON WHICH YOU WERE INVOLVED AS CLIENT OR CONTRACTOR DURING THE TWO-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. Miscellaneous
11.1 Notices.
All notices to Saleboat in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows or to such other address as Saleboat may designate pursuant to this notice provision. You agree that all notices to you shall be sent to the email address provided by you as part of the sign-up process. Notices to Saleboat shall be sent via email to legal@saleboat.com or to the following mailing address:
Saleboat Tech LLC
Attn: Legal Dept.
24 Hillel Place
Brooklyn, NY 11201
11.2 Modifications.
We reserve the right to change these Terms of Service at any time. Such changes will be effective when posted. By continuing to use the Services after we post any such changes, you accept the Terms as modified. If you do not agree to the changed Terms, your only recourse is to stop using the Services.
11.3 Entire Agreement.
The captions in this Agreement are solely for convenience and shall not affect the interpretation of these Terms. These Terms of Service and all documents incorporated by reference and/or linked to herein constitute the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Saleboat.
11.4 No Waiver; Severability
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions reflected in such provision, and the other provisions of these Terms of Service will remain in full force and effect.
11.5 Disclosure
You agree that Saleboat may access, maintain, and disclose information you provide to Saleboat if required to do so by law or if Saleboat believes, in good faith, that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce this Agreement; (iii) respond to claims that any content posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; (iv) respond to your customer service requests; or (v) otherwise protect the rights and property of Saleboat, its vendors, users and the general public.
11.6 Successors and Assigns
The terms of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties; provided, however, that neither this Agreement nor any rights hereunder may be assigned or otherwise transferred by you, either voluntarily or by operation of law, without the prior written consent of Saleboat, and any attempt to do so will be null and void.
11.7 Governing Law
This Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, without regard to its conflict of law provisions and excluding any and all international conventions concerning contracts, and except as otherwise specified in Section 13.9.
11.8 Mandatory Informal Dispute Resolution
Before serving a demand for arbitration of a Claim pursuant to Section 13.9, you agree to first notify Saleboat of the Claim at:
Saleboat Tech LLC
Attn: Legal Dept.
24 Hillel Place
Brooklyn, NY 11201
or by email to legal@saleboat.com. Saleboat agrees to provide to you with a Notice at your email address on file and to provide you with informal resolution of the Claim. Any Notice from you must include your name, pertinent account information, a brief description of the Claim, and your contact information, so that we may evaluate the Claim and attempt to informally resolve the Claim. Saleboat will have 60 days from the date of the receipt of the Notice to informally resolve your Claim, which, if successful, will avoid the need for further action.
11.9 Mandatory Binding Arbitration and Class Action/Jury Trial Waiver
In the unlikely event the parties are unable to resolve by the informal resolution process of Section 11.8 a Claim arising out of or relating in any way to the use of any Saleboat Services, or to any acts or omissions of other users for which you may contend we are liable (“Claim”), within 60 days of the receipt of the applicable Notice from you, you and Saleboat agree that the Claim shall be finally, and exclusively, resolved and settled by binding arbitration before an arbitrator from the American Arbitration Association (“AAA”) in New York City, from which there shall be no appeal. The arbitration shall be held before one arbitrator selected pursuant to AAA rules. The arbitrator shall apply the substantive law of the state of New York, exclusive of its choice of law principles and any international convention on contracts, except that the interpretation and enforcement of this arbitration provision shall be governed by the U.S. Federal Arbitration Act.
In addition to all matters within the scope of a “Claim” as defined above, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration provision, including the enforceability, revocability, scope, or validity of the Arbitration provision or any portion of the Arbitration provision.
Each party shall bear its own costs and attorneys’ fees. The arbitrator shall not have the power to award damages in connection with any Claim in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WE OTHERWISE AGREE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
In the event any portion of this Arbitration provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. You and Saleboat agree that this Arbitration provision will be enforced to the fullest extent permitted by law.
