1. General Conditions and Definitions

This Terms of Use and Membership agreement (“Agreement”) describes the terms of your use of the website boatnameregistry.com (“Site”), participation in any membership service offered through the Site, or purchase of services through the Site. The Site is operated by National Vessel Name Registry LLC, a Florida limited liability company (referred to hereafter as “we” or “us” or “BNR”). By accessing or otherwise using this Site—whether as a visitor, member, or in another capacity—you (“You”) agree to be bound by the terms of this Agreement, the BNR Privacy Policy, and the rules posted on the Site for any membership service or activity (“Rules”). If You do not agree with the terms of this Agreement, the Privacy Policy, and any relevant Rules, or if You are legally unable to agree to these terms, then do not use this Site. Minors under the age of 13 may not use the Site. Anyone applying for membership represents that she/he is 18 years of age or older.

2. Updates to Agreement

BNR may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions and should visit this page to determine the current terms of our Agreement. We will note the date of the last update at the top of the Agreement.

3. Site Accessibility and Security

You are responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. You understand your content (not including credit card information) may be transferred unencrypted and involve transmission over multiple networks and changes to conform to technical requirements of connecting networks or devices. BNR will not be liable for any damages to, or viruses that might infect Your computer or other property through Your use of this Site. This Site is hosted through a third party. While we intend to make this Site accessible 24 hours per day, 7 days per week, You acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including Site maintenance and interruptions in Internet service that are beyond BNR’s control. BNR will not be responsible for any data lost during Internet transmissions or Your inability to use the Site.

4. Links to Third-Party Websites

THIS SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES PROVIDED BY OTHER CONTENT PROVIDERS. BNR EXPRESSLY DISCLAIMS ANY REPRESENTATIONS REGARDING THE CONTENT, QUALITY, OR RELIABILITY OF THIRD-PARTY WEBSITES. YOU SHOULD REVIEW THE APPLICABLE TERMS AND POLICIES, INCLUDING PRIVACY POLICY, OF ANY SITE TO WHICH YOU NAVIGATE FROM THIS SITE. See BNR Privacy Policy for more information.

5. Privacy

BNR is committed to protecting Your information. See BNR Privacy Policy for more information on BNR’s privacy practices.

6. Membership

To register Your boat and otherwise participate in other offerings on this Site, You must establish an BNR account and become a member (“Member”). By establishing an BNR account, You become a Member and thereby represent that You are at least 18 years of age. To become a Member, You must provide your legal name, a valid email address, a user name (which may or may not be Your legal name), a password, and pay the applicable Membership fee. You agree to protect Your membership access information and password and not share it with others. As a Member, You agree to review and abide by the Rules for Members, which may be more fully stated within the Member-only section(s) of the Site. There is a fee to join BNR as a Member and to maintain Your membership. Once You establish an BNR account, You will receive administrative emails and announcements from BNR. See BNR Privacy Policy regarding the information we collect from You and how we use that information. As part of Your Membership, You may register your boat name and the home port for your boat. BNR will register only one boat with the same name in the same home port. BNR registration is not required by any local, state, or federal government or agency. There is no governmental regulation prohibiting boats with the same or similar names being in the same home port. BNR reserves the right to determine if one boat name is the same as another boat name but is not obligated to verify that either the boat name or the home port is correct.

7. Renewal and Cancellation

Your membership will auto-renew each year at the then-current membership fee if the credit card You provided at the time You joined remains valid. If You do not want to renew Your membership, You must notify us before Your renewal date at [email protected] or call 888-RING-BNR. If You want to cancel Your membership before the renewal date,You must notify us at [email protected] or call 888-RING-BNR.  Should you choose to cancel your Boat Name Registry Membership your Boat Name and Home Port will be removed from our registry and you will no longer receive the benefits of boat name protection and information and photo storage on our registry.

8. No Refunds

Your membership fee to BNR is nonrefundable. Please evaluate carefully whether You want to join BNR before completing the application and submitting Your membership fee. 

9. Availability

Due to the nature of the Internet, it is not possible for BNR to restrict access to its Site to only those locations where it does business. Our services are offered only in the United States. You should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any service from BNR in a location where such services may not be sold. If You have a question about whether a service is or may be available in Your geographic location, we encourage You to contact us at [email protected].

10. Errors

We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any service, description, pricing, or other information is complete, current, or error-free. In the event of an error, we reserve the right to correct such error. Your sole remedy in the event of such error is to cancel Your membership.

11. Payment 

All prices shown are in U.S. dollars. You may use only valid credit cards to pay for Your membership. By submitting Your credit card information, You represent and warrant that You are authorized to use the designated card and authorize us to charge Your membership fee, including annual renewal fees, to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, Your request to join as a Member may be suspended or cancelled automatically.

12. Posting; Your Representations and Warranties

BNR is a distributor, not a publisher, of content provided by Members. If You are a Member, the Site may provide areas for You to post information, photos, and materials for others to view and read (“User Content”). In addition to any Rules about posting contained in the Member section(s) of the Site, You agree to post only comments related to the business of being a boat owner, and You agree not to post on this Site any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, infringing of publicity rights, or otherwise injurious to third parties. You may not post anything on the Site that discriminate based on race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, or military discharge status. You may not post on this Site any material that contains a virus, malware, or information about or images of children under the age of 13. You represent and warrant that You own or otherwise control all rights to the User Content and other information that You post on the Site, that it is true and accurate and does not violate this Agreement, and that You will indemnify BNR for all claims resulting from User Content that You post or other information that You provide through the Site. You acknowledge that any User Content You post on the Site is public communication and may be read by others without Your knowledge. By posting User Content, You grant BNR and other Members a nonexclusive, royalty-free, sublicensable, perpetual, and irrevocable right to use, reproduce, adapt, publish, or distribute such User Content and to use Your name in conjunction with the User Content alone or as part of other works in conjunction with services offered by BNR or Members in any form, media, or technology now known or developed in the future. BNR DOES NOT CONTROL OR ENDORSE ANY USER CONTENT AND DISCLAIMS LIABILITY FOR ANY USER CONTENT POSTED BY YOUR OR ANY MEMBER. BNR reserves the right to disallow or remove any posting that, in BNR’s sole discretion, does not meet the requirements of this paragraph. If a Member repeatedly posts comments or materials that do not comply with this paragraph, BNR reserves the right to cancel that Member’s membership.

13. Copyrights

BNR grants You permission to display, copy, distribute, and download materials located on this Site (“Materials”) only for Your personal use. You may not modify the Materials and You must retain all copyright and other proprietary notices contained in the Materials. You may not sell, lease, loan, transfer, share, or give the Materials to any third party to use in any way. This permission to use the Materials terminates automatically if You breach any of these terms or conditions. By downloading the Materials from this Site, You do not acquire any ownership interest or rights to the copyrighted material. Any unauthorized use of any material contained on this Site—whether in the Resources area or another area of the Site—may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject You to civil and/or criminal penalties. If You are a copyright owner or owner’s agent and find content on the Site You believe infringes upon Your copyright(s), You may notify us by providing our designated copyright agent with the following information:

• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
• A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
• Identification of the location where the original or an authorized copy of the copyrighted work exists, such as the URL of the Site where it is posted or the name of the publication where it has been published.
• Identification of the URL or other specific location on our Site where the material that you claim is infringing is located; you must include sufficient information for us to locate the material.
• Your name, address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

14. Disclaimer of Warranty and Limitation of Liability

You expressly agree that use of this site is at your sole risk. THIS SITE AND ALL INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BNR ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. neither BNR nor any of its affiliates, employees, agents, or licensors make any REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  BNR DOES NOT WARRANT THAT THIS SITE, INFORMATION AND SERVICES MADE AVAILABLE THROUGH THIS SITE, OR E-MAIL SENT FROM BNR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BNR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION OR SERVICES MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, special, indirect, incidental, consequential, or punitive damages, even if it has been advised of the possibility of such damages, nor will the aggregate liability of BNR, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to these terms or USE OF the site exceed the membership fee you have paid. Your sole and exclusive remedy, and BNR’s sole and exclusive liability, for any breach of warranty will be your right to receive a refund for your membership fee. Warranties give you specific legal rights, and You may have other rights, which vary from state to state.

15. Indemnification 

You agree to defend, indemnify, and hold harmless BNR, its affiliates, and both BNR’s and its affiliates’ respective members, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of Your use of or purchase through this Site.

16. Electronic Communication

You agree to receive communications from BNR in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that BNR provides to You electronically satisfy any legal requirement that such communications would satisfy if they were in a writing. Once You make a purchase or become a Member, You become an BNR customer and may receive promotional emails from BNR. See BNR Privacy Policy regarding what information we collect from You, how we use that information, and how You can opt out from receiving BNR promotional emails.

17. Program Termination

BNR may terminate its membership services, other service offerings, or this Agreement at any time for any reason without prior notice. Without limiting the foregoing, BNR will have the right to terminate immediately Your use of the Site if You violate any terms or conditions of this Agreement. The provisions of Sections 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 will survive termination of this Agreement.

18. Dispute Resolution

You agree that this Agreement will be interpreted under the laws of the State of Florida without reference to its conflict of laws provisions. You further agree that, as to any dispute arising out of or under this Agreement, You will negotiate with BNR in good faith to resolve such dispute. If You and BNR are unable to resolve the dispute, then either party may bring an action in a court located in Palm Beach County, Florida or, if a federal action, in the Southern District of Florida. You agree to submit to the jurisdiction of and venue in such courts, waive any argument of inconvenient forum, and waive a trial by jury. You further agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

19. Statute of Limitations

You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to Your use of the Site or this Agreement must be filed within one (1) year after such a claim or cause of action arose or be forever barred.

20. Completeness and Severability

This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. The failure by BNR to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by BNR of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance will be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.

21. Contacting Us

If You have any questions about this Agreement or use of the Site by You or others, You may contact us at any time by email to [email protected].