Last Modified: November 2020
Welcome to the Engel & Völkers Yachting website.
We reserve the right to withdraw or amend any Website, and any service or material we provide on such Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of a Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of a Website, or the entire Website, to users, including registered users.
You are responsible for:
To access a Website or some of the resources it offers, you may be asked to provide certain contact, registration details and/or other information from time to time which, depending on the services used, may include, but not be limited to, (i) for all users – name, telephone number, email address, (ii) for sellers of vessels or moorings and owners providing charters of vessels or offering related services –Hull Identification Number (HUL), detailed descriptions of the vessel, mooring or related service, price, rental or charter terms and other similar information; and (iii) with respect to buyers renters and individuals chartering a vessel or requesting related services – home address and other additional contact information, timing requirements, search parameters, descriptions of vessel, mooring or related service desired and any User Contributions.
It is a condition of your use of a Website that all the information you provide on the Website is correct, current
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to a Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
A Website may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. These links include links contained in advertisements, including banner advertisements and sponsored links. The use of links to third party websites does not constitute or imply any affiliation with any of the third party websites or the owners thereof, and we do not endorse any such websites. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to a Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Websites and each of their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Engel & Völkers, its Licensees, licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
The Engel & Völkers name, the terms ENGEL & VÖLKERS®, E&V® (stylized lettering in red and black), GG®
(stylized lettering in red) and GG GLOBAL GUIDE®, the Engel & Völkers logo and all related names, logos,
product and service names, designs and slogans are trademarks of Engel & Völkers and/or its Engel & Völkers Constituents. You must not use such marks without the prior written permission of Engel & Völkers. All other names, logos, product and service names, designs and slogans on a Website are the trademarks of their respective
Engel & Völkers respects the copyrights of third parties. You may not use the Website to post, modify, distribute, or reproduce any copyrighted works without authorization or to otherwise infringe the copyrights of a third party. It is our policy to terminate access by users who repeatedly infringe the copyrights of others upon receipt of proper notification by the copyright owner or its legal agent. If you believe that your copyrighted work has been posted or used on this Website in a manner that constitutes copyright infringement, please provide our Copyright Agent with written notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) identification of the copyrighted work (or in the case of multiple works, a representative list of such works) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and the location of that material; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright interest that allegedly is infringed. Our Copyright Agent for notice of claims of copyright infringement may be reached by mail at: Copyright Agent, Engel & Völkers Americas, Inc., Attn.: Cindy Kelly, 430 Park Avenue, 11th Floor, New York, NY 10022, United States of America; or by email at: Cindy.Kelly@engelvoelkers.com.
use any Website:
Additionally, you agree not to:
The Websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, notes pages and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through a Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on a Website, you grant us and our affiliates, Licensees, franchisees and service providers, and each of their and our respective licensees, franchisees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Engel & Völkers or any Engel & Völkers Constituents, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of a Website.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through a Website. YOU WAIVE AND HOLD HARMLESS ENGEL & VÖLKERS AND ENGEL & VÖLKERS CONSTITUENTS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS
BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review any material before it is posted on a Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, provincial, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The information presented on or through a Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to a Website, or by anyone who may be informed of any of its contents.
The Websites may include content provided by third parties, including materials provided by other users, brokers, sellers of vessels or moorings or owners providing charters or providing other vessel or mooring related services or buyers, lessees of moorings and individuals chartering a vessel or requesting related services and, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Engel & Völkers, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Engel & Völkers. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the
internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. NEITHER WE, NOR ANY ENGEL & VÖLKERS CONSTITUENT, WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF A WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF A WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. EACH WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ENGEL & VÖLKERS OR ANY LICENSEE, NOR ANY PERSON ASSOCIATED WITH ENGEL & VÖLKERS OR ANY LICENSEE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ANY WEBSITE. ENGEL & VÖLKERS AND EACH OF THE ENGEL & VÖLKERS CONSTITUENTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. IN ADDITION TO AND NOT IN LIMITATION OF ANY OF THE FOREGOING, NEITHER ENGEL & VÖLKERS OR ANY ENGEL & VÖLKERS CONSTITUENT, NOR ANYONE ASSOCIATED WITH ENGEL & VÖLKERS OR ANY ENGEL & VÖLKERS CONSTITUENT, REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT A WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL ENGEL & VÖLKERS, ITS ENGEL & VÖLKERS CONSTITUENTS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, A WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ENGEL & VÖLKERS OR AN ENGEL & VÖLKERS CONSTITUENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in
accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
We reserve the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on a Website, including without limitation the right to block access from a particular internet address.
This website is operated by:
Engel & Völkers Americas, Inc.
430 Park Avenue 11th Floor
New York, New York 10022
United States of America
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.