User License Agreement (ULA)

Welcome to 360 Boating and its affiliates (collectively, "360Boating.com" or "360 Boating"). 360 Boating provides the following services to you subject to the following notices, terms, and conditions.

General Usage:
All information, documents, products, software, and services (the "Materials") provided on these Websites are the copyrighted work of 360 Boating and/or third party providers. No part of the Websites, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of 360 Boating. You also may not, without 360 Boating's prior express written permission, "mirror" any Material contained on this Website on any other server. Nothing on this Website shall be construed as conferring any license under any of 360 Boating or any third party provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Privacy Policy:
Registration Data and certain other information ( "Confidential Information") provided by you is subject to our Privacy Policy, namely:
360 Boating does not sell, share, disclose, trade, or provide Confidential Information entrusted to our care to any third party for any purpose whatsoever not directly related to immediate financial transactions between you and 360 Boating save and except in compliance with law.

Passwords and Security:
You will select a logon username and password during the Service registration process. You are responsible for maintaining the confidentiality of the logon username and password, and are fully responsible for all activities that occur under your logon username and password. You agree to immediately notify 360 Boating of any unauthorized use of your logon username and password or any other breach of security. 360 Boating cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Copyrights and Contents:
360 Boating Materials not related to your specific Service listing on these Website(s) is the property of 360 Boating and can not be copied or posted on any networked computer or broadcast in any media. 360 Boating reserves the right to terminate your service automatically without notice if you breach any of these terms or conditions. Upon termination for breach, you are not entitled to nor shall you receive and you hereby absolutely and irrevocably waive any refund of any and all fees paid notwithstanding any other cancellation or refund provisions of this agreement.

360 Boating enables customers to its site(s) to post various content to the site. You represent and warrant that you own or otherwise control all of the rights to the content that you post on these Website(s). Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. 360 Boating is committed to respecting others' intellectual property rights, and we ask our users to do the same. 360 Boating , in its sole discretion, and without limiting any other conditions herein contained, reserves the right to terminate this Agreement, access to its Websites, or access to Service(s) without notice and at any time and reserves the right to terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights . If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, contact our legal department.

The(se) Website(s) may be linked to other websites which are not under the control of and are not maintained by 360 Boating or its affiliates. 360 Boating is not responsible for the content of those sites. 360 Boating is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by 360 Boating of those sites.

Disclaimer:
THIS SITE IS PROVIDED BY 360 Boating.COM ON AN "AS IS" BASIS. 360 Boating.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 360 Boating.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 360 Boating.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES . ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.

Modifications:
360 Boating and/or the third party providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website. Any action related to these Terms will be governed by the laws of the state of Texas, US and controlling US federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. 360 Boating can revise these Terms at any time without notice by updating this posting. This agreement is subject to change at any time without notice, and you agree to review the current Terms of Use on a regular basis. Revisions to the Terms of Use are effective immediately for all transactions concurrent with and subsequent to the changes made.

Trademarks:
360 Boating and all its affiliates trademarks and logos, are trademarks or registered trademarks of 360 Boating or its subsidiaries, in the United States or other countries.

Fees:
Fees charged for services rendered are as established at the time when you contracted for services from 360 Boating. Fees for any subsequent renewal of service shall be those currently in force at the time of renewal. Current fees are as set forth in the FAQ. You authorize 360 Boating to charge any credit card, or draft your bank account in the amount of any such fee which is due. Fees are subject to change upon prior notice to you by any method permitted under this Agreement. If your financial institution returns your check unpaid for any reason, we will assess and you hereby agree to pay, a $30 charge to cover our bank fees in addition to the billing amount. 360 Boating may in its sole and absolute discretion remove your listing pending payment.

Cancellation of Service by you:
You must to give 360 Boating 30 days notice, in writing, that you wish to cancel your listing. The 30 day notice period shall commence on the earlier of the date that the notice is received by 360 Boating or on the seventh (7th) day following the date of the postal cancellation ("postmark") applied by the US or Canadian Postal services or the fourteenth (14th) day following the date of the postal cancellation ("postmark") applied by any other National Postal Service.

Refund of Fees Paid:
Refunds will be made of all fees paid according to the following schedule: For accounts paid by automatic monthly VISA debit - no refund will be paid for services provided through the end of the month in which the 30 day cancellation notice ends. Thereafter, no further debits will be made. Should any debit be made inadvertently or in error, such amounts will be refunded to the VISA card, in full, immediately.
For accounts paid annually, fees paid will be refunded for the balance of the unexpired listing but in no case will more than three quarters (75%) of the amounts paid be refunded. In other words, the first 3 months of the listing is non-refundable.
If you pay us using VISA we are required to credit your VISA account with any refund amounts. If you pay us by check, money order or other non-credit card means, we'll send you a refund check, directly.

Terms of Duration of Service:
Service will be provided as long as your account is maintained and kept current in payments required for the service which you selected. Notwithstanding positive payment history, 360 Boating reserves the right to terminate Service at any time in the event of excessive or abusive use, or breach of any of the provisions of this Terms of Use as may be determined in the sole discretion of 360 Boating.

No Spam:
You agree not to use any materials residing on the 360 Boating website(s) for the purpose of unsolicited email, usenet, message board postings, or similar methods of mass messaging ("Spam"). We will immediately and permanently terminate the account of any User who has used any materials residing on the 360 Boating website(s) in unsolicited email. In addition, you may be subject to state/provincial and federal penalties and other legal consequences under applicable law if you send unsolicited email. Our anti-Spam policy is intended to protect our users, the Internet and us.

Indemnification:
You agree to indemnify and hold 360 Boating, its affiliates, owners, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorney's fees) made or incurred by any third party arising out of or relating to your use of the Service.

Arbitration:
Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

Correct E-mail: You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing 360 Boating with a correct and operational e-mail address. 360 Boating will not be liable for any undelivered e-mail communications or costs you incur for maintaining Internet access and an e-mail account. You agree to promptly notify 360 Boating of any change in your e-mail or postal mailing address.

Electronic Billing:
360 Boating will communicate with you regarding all financial matters and will provide you with all requisite billing, invoices and receipts by e-mail electronic transmission to your listed e-mail address ("Electronic Invoicing"). All such electronic invoicing shall be and you hereby agree thereto (a) sufficient and binding upon you for payment when sent to you via your listed e-mail address, (b) be and remain payable notwithstanding that your listed e-mail address is not accessible due to any interruption of internet service or circumstance whatsoever beyond the control of 360 Boating, including but not limited to cancellation by you or your internet service provider of your internet access for any reason.

Copyright Notice:
Copyright 2001-2003 by 360 Boating, All rights reserved.