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South Texas Sailing
Terms of Use ( TOU )
South Texas Sailing TERMS OF USE (known as TOU )

1. ACCEPTANCE OF TERMS
South Texas Sailing provides a collection of online resources, including classified ads, forums, and various
services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the
Service in any way, you are agreeing to comply with the TOU. In addition, when using particular South Texas
Sailing services, you agree to abide by any applicable posted guidelines for all South Texas Sailing services,
which may change from time to time. Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with South Texas Sailing in any way, your
only recourse is to immediately discontinue use of South Texas Sailing.

2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions
at any time. Such modifications shall become effective immediately upon the posting thereof. You must
review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most
recent version of the TOU at:
http://www.southtexassailing.com/ctermsofuse.html

3. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials
("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are entirely responsible for each individual
item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that
South Texas Sailing does not control, and is not responsible for Content made available through the Service,
and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate,
misleading, or otherwise objectionable. Furthermore, the South Texas Sailing site and Content available
through the Service may contain links to other websites, which are completely independent of South Texas
Sailing. South Texas Sailing makes no representation or warranty as to the accuracy, completeness or
authenticity of the information contained in any such site. Your linking to any other websites is at your own
risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you
may not rely on said Content, and that under no circumstances will South Texas Sailing be liable in any way
for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted,
emailed or otherwise made available via the Service. You acknowledge that South Texas Sailing does not
pre-screen or approve Content, but that South Texas Sailing shall have the right (but not the obligation) in its
sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter
or spirit of the TOU or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES
The South Texas Sailing site and Content available through the Service may contain features and
functionalities that may link you or provide you with access to third party content which is completely
independent of South Texas Sailing, including web sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment
and delivery of goods or services, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such organizations and/or individuals. You should make
whatever investigation you feel necessary or appropriate before proceeding with any online or offline
transaction with any of these third parties.

You agree that South Texas Sailing shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings. If there is a dispute between participants on this site, or between
users and any third party, you understand and agree that South Texas Sailing is under no obligation to
become involved. In the event that you have a dispute with one or more other users, you hereby release
South Texas Sailing, its officers, employees, agents and successors in rights from claims, demands and
damages (actual and consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our
service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general
release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time
of executing the release, which, if known by him must have materially affected his settlement with the debtor."

5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please notify South Texas Sailing's agent for notice
of claims of copyright or other intellectual property infringement ("Agent"), at
randle@southtexassailing.com
Please provide our Agent with the following Notice:
a) Identify the material on the South Texas Sailing site that you claim is infringing, with enough detail so that
we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is
accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act
on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
South Texas Sailing will remove the infringing posting(s), subject to the procedures outlined in the Digital
Millennium Copyright Act (DMCA).

6. PRIVACY AND INFORMATION DISCLOSURE
South Texas Sailing has established a Privacy Policy to explain to users how their information is collected
and used, which is located at the following web address:
http://www.southtexassailing.com/cprivacypolicy.html
Your use of the South Texas Sailing website or the Service signifies acknowledgement of and agreement to
our Privacy Policy. You further acknowledge and agree that South Texas Sailing may, in its sole discretion,
preserve or disclose your Content, as well as your information, such as email addresses, IP addresses,
timestamps, and other user information, if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond
to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g.
phone number, street address) of a third-party has been posted or transmitted without their consent or as a
form of harassment; protect the rights, property, or personal safety of South Texas Sailing , its users or the
general public.

7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's
privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited
to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between
persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic
abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis
of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a
discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or
violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating
in any advertisement for employment a preference or requirement based on race, color, religion, sex,
national origin, age, or disability.
f) with respect to employers that employ four or more employees, that violates the anti-discrimination
provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent
residency (green card status) as a condition for employment, unless otherwise required in order to comply
with law, regulation, executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a South Texas Sailing employee, or
falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply
to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without that person's explicit
consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or
Content that you do not have a right to make available under any law or under contractual or fiduciary
relationships;
k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters,"
"pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the South Texas
Sailing site which are not designated for such purposes; or emailed to South Texas Sailing users who have
not indicated in writing that it is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in "services";
n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by
any applicable law, including without limitation items the sale of which is prohibited or regulated by law.
o) that contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the
Service, or that otherwise negatively affects other users' ability to use the Service; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order
to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data
from the Service - unless expressly permitted by South Texas Sailing
v) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable
or disproportionately large load on our infrastructure;
w) attempt to gain unauthorized access to South Texas Sailing's computer systems or engage in any activity
that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the
Service or the South Texas Sailing website; or
x) use any form of automated device or computer program that enables the submission of postings on South
Texas Sailing without each posting being manually entered by the author thereof (an "automated posting
device"), including without limitation, the use of any such automated posting device to submit postings in
bulk, or for automatic submission of postings at regular intervals.

8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on
behalf of others. To moderate demands on South Texas Sailing resources, you may not use a Posting Agent
to post Content to the Service without express permission or license from South Texas Sailing.
Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to
be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with
express permission or license from South Texas Sailing.

9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to South Texas Sailing email
addresses or through South Texas Sailing computer systems is expressly prohibited by these TOU. Any
unauthorized use of South Texas Sailing computer systems is a violation of the TOU and certain federal and
state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting
Content to be posted in a designated area. Each party posting Content to the Service is responsible for said
Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is
removed from the Service for violating the TOU.

11. LIMITATIONS ON SERVICE
You acknowledge that South Texas Sailing may establish limits concerning use of the Service, including the
maximum number of days that Content will be retained by the Service, the maximum number and size of
postings, email messages, or other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that South Texas Sailing has no responsibility
or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You
acknowledge that South Texas Sailing reserves the right at any time to modify or discontinue the Service (or
any part thereof) with or without notice, and that South Texas Sailing shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.

12. ACCESS TO THE SERVICE
South Texas Sailing grants you a limited, revocable, nonexclusive license to access the Service for your own
personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any
collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data
mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly
permitted by South Texas Sailing. A limited exception to (b) is provided to general purpose internet search
engines and non-commercial public archives that use such tools to gather information for the sole purpose of
displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP
addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet
search engine" does not include a website or search engine or other service that specializes in classified
listings or in any subset of classifieds listings such as sailboats, jobs, housing, for sale, services, or
personals, or which is in the business of providing classified ad listing services.
South Texas Sailing permits you to display on your website, or create a hyperlink on your website to the
home page of South Texas Sailing so long as the link does not portray South Texas Sailing, its employees, or
its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Other hyperlinks on your
website must have the written permission of South Texas Sailing.
Use of the Service beyond the scope of authorized access granted to you by South Texas Sailing
immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or
make derivative use of the Service or any Content made available via the Service for other purposes
(including commercial purposes) not stated herein, you must first obtain a license from South Texas Sailing .

13. TERMINATION OF SERVICE
You agree that South Texas Sailing, in its sole discretion, has the right (but not the obligation) to delete or
deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the
Service (or any part thereof), immediately and without notice, and remove and discard any Content within the
Service, for any reason, including, without limitation, if South Texas Sailing believes that you have acted
inconsistently with the letter or spirit of the TOU. Further, you agree that South Texas Sailing shall not be
liable to you or any third-party for any termination of your access to the Service. Further, you agree not to
attempt to use the Service after said termination. Sections 2, 4, 6 and 12-18 shall survive termination of the
TOU.

14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties.
Content displayed on or through the Service is protected by copyright as a collective work and/or
compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification,
creation of derivative works from or redistribution of the site or the collective work, and/or copying or
reproducing the sites or any portion thereof to any other server or location for further reproduction or
redistribution is prohibited without the express written consent of South Texas Sailing. You further agree not
to reproduce, duplicate or copy Content from the Service without the express written consent of South Texas
Sailing, and agree to abide by any and all copyright notices displayed on the Service. You may not
decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in
the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any aspect of the Service. South Texas Sailing is a registered mark in the U.S.
Patent and Trademark Office.

Although South Texas Sailing does not claim ownership of content that its users post, by posting Content to
any public area of the Service, you automatically grant, and you represent and warrant that you have the
right to grant, to South Texas Sailing an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to
use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate
into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant South
Texas Sailing all rights necessary to prohibit any subsequent aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on the Service by any party for any purpose.

15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SOUTH TEXAS SAILING SITE AND THE SERVICE IS ENTIRELY AT YOUR
OWN RISK. THE SOUTH TEXAS SAILING SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS
AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY
LAW, SOUTH TEXAS SAILING DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SOUTH TEXAS SAILING SITE AND THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, SOUTH TEXAS SAILING DISCLAIMS ANY WARRANTIES
FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SOUTH TEXAS
SAILING SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SOUTH TEXAS
SAILING SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SOUTH TEXAS SAILING DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SOUTH
TEXAS SAILING SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied
warranties.

16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SOUTH TEXAS SAILING BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SOUTH TEXAS SAILING
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF
YOUR USE OF THE SOUTH TEXAS SAILING SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF THE SOUTH TEXAS SAILING SITE OR THE SERVICE, FROM INABILITY TO USE
THE SOUTH TEXAS SAILING SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE SOUTH TEXAS SAILING SITE OR THE SERVICE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
SOUTH TEXAS SAILING SITE OR THE SERVICE OR ANY LINKS ON THE SOUTH TEXAS SAILING SITE, AS
WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE SOUTH TEXAS SAILING SITE OR THE SERVICE OR ANY LINKS ON THE SOUTH
TEXAS SAILING SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing
limitation may not apply to you.

17. INDEMNITY
You agree to indemnify and hold South Texas Sailing, its officers, subsidiaries, affiliates, successors,
assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or
demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of
Content you submit, post or make available through the Service, your use of the Service, your violation of the
TOU, your breach of any of the representations and warranties herein, or your violation of any rights of
another.

18. GENERAL INFORMATION
The TOU constitute the entire agreement between you and South Texas Sailing and govern your use of the
Service, superseding any prior agreements between you and South Texas Sailing. The TOU and the
relationship between you and South Texas Sailing shall be governed by the laws of the State of Texas
without regard to its conflict of law provisions. You and South Texas Sailing agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of Bexar, Texas. The failure of South Texas
Sailing to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or
provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service
or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to:

randle@southtexassailing.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for
South Texas Sailing to pursue legal action to enforce the TOU, you will be liable to pay South Texas Sailing
the following amounts as liquidated damages, which you accept as reasonable estimates of South Texas
Sailing' damages for the specified breaches of the TOU:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise
misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information
about another person without that person's explicit consent, you agree to pay South Texas Sailing one
thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful
non-deceptive parodies of public figures.
b. If South Texas Sailing establishes limits on the frequency with which you may access the Service, or
terminates your access to or use of the Service, you agree to pay South Texas Sailing one hundred dollars
($100) for each message posted in excess of such limits or for each day on which you access South Texas
Sailing in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to South Texas Sailing email addresses or through South
Texas Sailing computer systems, you agree to pay South Texas Sailing twenty five dollars ($25) for each
such email.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay South Texas
Sailing one hundred dollars ($100) for each Item of Content posted. In its sole discretion, South Texas
Sailing may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated
damages under clause (d), you agree to pay South Texas Sailing one hundred dollars ($100) for each and
every Item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the
party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the
Posting Agent in violation of the TOU) agrees to pay South Texas Sailing an additional one hundred dollars
($100) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content
(except for your own Content) in violation of the TOU without South Texas Sailing's express written
permission, you agree to pay South Texas Sailing three thousand dollars ($3,000) for each day on which you
engage in such conduct.
Otherwise, you agree to pay South Texas Sailing's actual damages, to the extent such actual damages can
be reasonably calculated. Notwithstanding any other provision of the TOU, South Texas Sailing retains the
right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or
permanent injunction against the breach of any such term or in aid of the exercise of any power granted in
the TOU, or any combination thereof.

20. FEEDBACK
We welcome your questions and comments on this document.: randle@southtexassailing.com.
.