Terms And Conditions

MARINEPROJECTMATCH.COM USER AGREEMENT

This document describes the terms with which MarineProjectMatch.com offers you access to our services. This agreement describes the terms and conditions applicable to your use of our services available under the MarineProjectMatch.com domain. Once you accept the terms and conditions of this Agreement, you hereby agree and acknowledge that at anytime and in our sole discretion, we may effectively modify the terms and conditions of this Agreement by posting the modified Agreement with its new terms and conditions on the MarineProjectMatch.com website. All modified terms and conditions shall take effect immediately after posting to the MarineProjectMatch.com website. You agree and consent to any and all modified terms and conditions hereunder. This Agreement may not be modified, amended, and/or changed by you in any manner. Furthermore, you agree that we may modify this Agreement or discontinue our website at anytime and without notice and without any liability or responsibility to you. This agreement is effective on September 1, 2009 for all users.

1. MarineProjectMatch.com is a Neutral Venue. MarineProjectMatch.com is not a contractor, marine expert or broker. Our site acts as a venue where marine CUSTOMERs seeking marine-related services can meet and enter into agreements with Service Providers. We are not involved in the actual transaction between marine CUSTOMERs and Service Providers. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. MarineProjectMatch.com does not prequalify or validate the claims of the Service Providers including with respect to their licensure, insurance and registration. We and our website function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between CUSTOMERS and SERVICE PROVIDERS, we have no control over the accuracy of listings, the ability of SERVICE PROVIDERs to carry out repairs or restorations, or the ability of CUSTOMERS to contract with SERVICE PROVIDERS. We cannot ensure that a CUSTOMER or SERVICE PROVIDER will actually complete a marine project pursuant to agreed terms and conditions.
2. Membership. Our services are available only to individuals who can form legally binding contracts under applicable law. Our services are not available to minors or to temporarily or indefinitely suspended MarineProjectMatch.com members. Minors may only use this service in conjunction with their parents or guardians. Your MarineProjectMatch.com membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. Members who engage in the repair or restoration of boats must have a valid license to perform services. You agree that the website is for services only and that work that you provide will only involve services. You agree that you will not use your participation in the MarineProjectMatch.com website as a means to sell or market any types of goods or products, unless specifically allowed by MarineProjectMatch.com.
3. Other Terms and Conditions. You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the website at various places throughout the website. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern.
4. Fees. There are currently no fees to join MarineProjectMatch.com and no required listing fees for services. MarineProjectMatch.com may collect a nominal Service Charge from CUSTOMERS in certain categories if and when a bid is accepted. The amount for such an Service Charge, if any, will be displayed for CUSTOMERS before they accept any bid. SERVICE PROVIDERS are charged a base transaction match fee based on a tiered percentage of their accepted bid price.

The tiered match fee structure is as follows:
12.9% (applies to the first $500 of the accepted bid price),
10.9% ($500.01-$1500),
8.9% ($1500.01-$3000),
6.9% ($3000.01-$5000),
4.9% ($5000.01 and Above),

There is a minimum match fee of $19.99 on all submitted bids.
For example, a match price of $3,200.00 would be charged a match fee of $220.80. This Fee is only charged if a SERVICE PROVIDERS bid is accepted by the CUSTOMER. Please see the table below for the tiered breakdown for this example:

Bid Tier $
Example $
 Rate %
 Fee $
       .01 -   500     500.00   12.9   64.50
  500.01 - 1,500   1,500.00   10.9  163.50
1,500.01 - 3,000   3,000.00     8.9  267.00
3,000.01 - 5,000   5,000.00     6.9  345.00
5,000.01 & Above
 10,000.00     4.9

 490.00


SERVICE PROVIDERS can still accrue a monthly invoiceable balance by purchasing various other products and/or services in the marketplace, such as third party offerings and/or past due balances on their account. If in any billing period, we are not able to charge the SERVICE PROVIDERS credit card on file the full amount owed us, MarineProjectMatch.com reserves the right to charge the credit card for fees associated with specific matches or transactions that occurred on our site. Account credits resulting from prepaid deposits will offset the fees due to MarineProjectMatch.com. MarineProjectMatch.com reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on our website. All fees are quoted in U.S. Dollars. You are solely responsible for paying all fees associated with using our services as well as all applicable taxes. You are responsible for all actions taken with your username and password, including fees. We recommend that you not disclose your MarineProjectMatch.com password or any account sensitive information to any third parties.
5. Deposits. When a CUSTOMER accepts a bid, they are required to pre-pay a deposit in the amount of the SERVICE PROVIDERS transaction fee. This deposit is collected by MarineProjectMatch.com and credited to the SERVICE PROVIDERS' MarineProjectMatch.com account. The deposit amount is then deducted from the accepted bid amount, and the CUSTOMER pays the balance directly to the SERVICE PROVIDER. For example, if the total accepted bid is $3200.00, then based on the tiered transaction fee, the CUSTOMER will pay an amount equal to the $320.80 fee. The deposit amount of $320.80 is collected by MarineProjectMatch.com and credited to the SERVICEPROVIDER MarineProjectMatch.com account. The CUSTOMER then pays the remaining balance of $2879.20 directly to the SERVICE PROVIDER. The pre-paid deposit is refundable to the CUSTOMER in the event of a match cancellation or in a dispute where the SERVICE PROVIDERis determined to be at fault. The CUSTOMER deposit/fee is non-refundable in the event of a completed work transaction. MarineProjectMatch.com is not responsible for any monetary disputes that reside with a SERVICE PROVIDER or CUSTOMER; it is the responsibility of both the SERVICE PROVIDER and CUSTOMER to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of MarineProjectMatch.com.
6. Authorization to Credit and Debit Accounts. You irrevocably and expressly authorize MarineProjectMatch.com to credit any monies to the account that you have identified for MarineProjectMatch.com. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in activity on our website. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated above. You irrevocably and expressly authorize MarineProjectMatch.com to withhold any monies and/or debit any monies from any account that you have identified to MarineProjectMatch.com for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to MarineProjectMatch.com. We reserve our rights to all actions and remedies in connection with any monies owed to MarineProjectMatch.com. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.
7. Charge backs. Unwarranted charge backs initiated by MarineProjectMatch.com members against MarineProjectMatch.com are prohibited and will result in the suspension of your MarineProjectMatch.com account, and may result in MarineProjectMatch.com pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a collections agency. In the event that services were not performed, all members must abide by the MarineProjectMatch.com Cancellation Policy described in Section 9 of this agreement. The MarineProjectMatch.com Cancellation Process ensures the integrity of the feedback system and accuracy of any refund.
There are situations where a chargeback may be warranted, such as when a card holder feels that their card has been charged fraudulently and/or there is a discrepancy with the billed amount. Prior to any chargeback initiation, MarineProjectMatch.com must be notified by the card holder so that MarineProjectMatch.com may investigate the claim to determine if a chargeback is appropriate. A chargeback may not be filed as a replacement, or an addition to, a cancellation of a MarineProjectMatch.com transaction.
If an unwarranted chargeback of the CUSTOMER deposit is initiated and accepted by the credit card processor or other entity, MarineProjectMatch.com reserves the right to charge the SERVICE PROVIDER for any costs associated with the chargeback. This deposit represents a portion of the total match price and is credited to the SERVICE PROVIDER'S MarineProjectMatch.com account to offset any match fees. If a chargeback is accepted, the SERVICE PROVIDER becomes responsible for that invoiceable amount.
The CUSTOMER deposit/fee is non-refundable in the event of a completed project transaction. MarineProjectMatch.com is not responsible for any monetary disputes that reside with a SERVICE PROVIDER or CUSTOMER; it is the responsibility of both, the SERVICE PROVIDER and CUSTOMER to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of MarineProjectMatch.com.
8. Unpaid Fees. If, for any reason, any fees have not been received or in any manner realized by MarineProjectMatch.com on matches that have been completed by you for the services and any additional services performed by you ("Unpaid Fees"), you agree to pay such Unpaid Fees immediately. If in any billing period, we are not able to charge your credit card on file the full amount owed us we reserve the right to charge your credit card for fees associated with specific matches or transactions that occurred on our site. If in any billing period, we are not able to charge your credit card on file the full amount owed us, MarineProjectMatch.com may charge your account a penalty of no more than $10 for every billing period that your account remains unpaid. In addition, MarineProjectMatch.com may charge interest, in the amount of 1.5%per month or fraction thereof, on any unpaid account balance that you maintain. Any partial payments made to members' account balances will first be applied to the most recent fees owed us. If anytime after 30 days we cannot collect any fees owed to us, we may suspend or terminate your account or, at our discretion, put your account into the MarineProjectMatch.com Financial Probation Program, which allows you to continue to place bids and win business in the MarineProjectMatch.com marketplace while being subjected to a higher match fee (currently 10.0%) that is paid directly to us by the CUSTOMER as a deposit prior to the CUSTOMER accepting a bid from You. This deposit reduces the money that you may collect from the CUSTOMER by the exact amount of the deposit paid by the CUSTOMER. If you subsequently payoff your entire balance owed to MarineProjectMatch.com, you may be removed from the MarineProjectMatch.com Financial Probation Program. MarineProjectMatch.com reserves the right to waive or change our fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us to in our sole discretion make appropriate reports to 3rd party credit collection agencies, credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
9. Match Cancellations and Refunds. A "Cancellation" occurs when either party has to cancel AFTER a bid was accepted on MarineProjectMatch.com but BEFORE any services are performed. After a bid is accepted and the two parties communicate directly, occasionally one or both of the parties determine that they cannot complete the transaction. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on MarineProjectMatch.com will not be performed. When you request a cancellation, the other party will be notified and will have 72 hours to respond by either:
If your Request for Cancellation is accepted by the other party, the match will be cancelled and the project can either be relisted or deleted. If your Request is disputed by the other member, then the Request will be sent to MarineProjectMatch.com and a determination will be made on allowing or not allowing the Cancellation. If the other party does not respond within the 72 hour period, the cancellation and reason will be automatically accepted. Once a cancellation is accepted, any refunds associated with the CUSTOMER deposit /Service Charge will be refunded to the CUSTOMER. The refund will be issued back to the form of payment the CUSTOMER used to pay for the deposit / Service Charge. MarineProjectMatch.com is not responsible if the refund is issued to an account that is closed. It is up to the CUSTOMER to inform MarineProjectMatch.com of any issue with the form of payment prior to a refund being issued.
Every member is allowed 1 free cancellation for every 10 matches (10%) on MarineProjectMatch.com. Each Excessive Cancellation, above the 10% threshold, is considered to be excessive, or above the marketplace norm and will be displayed in the member's profile. SERVICEPROVIDERs that have Excessive Cancellations may be charged higher match fees than other SERVICE PROVIDERS. Cancellations do not affect the overall feedback score or the % positive.
SERVICE PROVIDERS that have Excessive Cancellations at the time a bid is placed will have a variable surcharge added to their match fee, in proportion to their current ratio of cancellations to matches. The fee schedule is as follows:
Excessive Cancellation Surcharge Schedule
Cancellations/Match Rate  Match Fee Surcharge
0-10%                 No Additional Fee
10.1-20%            20%
20.1-30%            40%
3°·1-40%            60%
4°·1-50%            80%
50·1+%             100%
For example, when a SERVICE PROVIDER who has 93 matches and 15 cancellations places a bid, their cancellation rate is calculated at 15%(Matched projects are always rounded up to the nearest 10, or 100 total in this example). Thus, this SERVICE PROVIDER would have a 20% surcharge added to their match fee amount (i.e., if their match fee was previously $50 it will now be $60 because of the 20% surcharge).
MarineProjectMatch.com takes abuse of the Cancellation process seriously. This includes submitting false or exaggerated reasons, attempting to cancel matches that have already occurred or are expected to occur, or colluding with other members to abuse the process. A member that is found to be abusing the process will automatically have their cancellation request denied, may be subject to additional fees and penalties, and may have their account immediately suspended or deleted.
10. No Agency. You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the MarineProjectMatch.com website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.
11. Release. Should you have a dispute with one or more MarineProjectMatch users, you release MarineProjectMatch.com, Inc., its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12. Account Flagging System. The MarineProjectMatch site is self-policed by the MarineProjectMatch community via a flagging system. The flagging system is used to communicate the policies of the MarineProjectMatch User Agreement and MarineProjectMatch Discussion Forum Rules. MarineProjectMatch members are able to lflag' certain texts that do not comply with this Agreement or the Forum Rules. White flags are located in areas that are able to be flagged, including: Q&A forum, the bid details section, user profiles, and Service Provider listing information. To flag text, community members click on the white flag following the text in question. After agreeing that the text you are flagging violates the MarineProjectMatch User Agreement or Forum Rules, the white flag will turn yellow. A yellow flag is sent to the MarineProjectMatch team for review. After review, the MarineProjectMatch team will either greenflag the text, meaning there was no violation, or red flag the text, meaning there was a violation and the content has been removed. A MarineProjectMatch member who receives a red flag on three separate occasions is subject to suspension of their account.
13. Information You Submit. You solely are responsible for any information you provide to us or other users in the registration process. Your personal information and any project listings must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing MarineProjectMatch.com transaction fees. Information may not contain any viruses or other malware that may damage or interfere with our website. Furthermore, you may not list any project on our site that, by paying to us a match fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our terms of this Agreement. You authorize MarineProjectMatch.com to use the information you supply to us in connection with our services and in accordance with this Agreement. Our website acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the website that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this website acts as a passive conduit for any of your on line communication or distribution of content or information.
Furthermore, you expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, You grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:

  • Will not violate any federal or state law, regulation, rule, or statute;
  • Will not violate the terms of this Agreement;
  • Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;
  • Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
  • Will not be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about MarineProjectMatch.com employees, agents, other members, or the marketplace itself;
  • Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our website, operation of any of our systems and or create or impose a large burden or load on our website;
  • Will not scan or test the vulnerability or security of our website or the system within which it operates;
  • Will not be used for commercial or public purposes outside of the requirements of this Agreement;
  • Will not create liability for us in any manner whatsoever;
  • Will not frame or link to our website without our written permission;
  • Will not involve the upload, or insertion of, any programming language or code into or onto, our website.

You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
14. Fraud. marineprojectmatch.com may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our website. members may not manipulate the bid prices for any project or interfere with other members' listings or transactions. other fraudulent acts include:

  • Request payment from another MarineProjectMatch.com member via instant cash transfer services (non-bank, point-to-point cash transfer services such as Western Union or Moneygram);
  • Charge to, or in any way attempt to collect from members, as an additional charge to the total amount agreed upon for the services, the MarineProjectMatch.com Match Fee, or;
  • Charge members a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on the MarineProjectMatch.com website (given that the particulars of the service requested are materially the same as those requested on the MarineProjectMatch.com website). Your accepted bid price must include ANY and ALL charges, including any taxes, fees, etc.;
  • Represent or communicate to members that you are to collect the MarineProjectMatch.com Match Fee;
  • Cause another person or entity to engage in any conduct, act or behavior intended or designed to circumvent or avoid, in any manner, our right to the MarineProjectMatch.com Match Fee;
  • Enter into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a member, that circumvents or avoids our right to a Match Fee;
  • Communicate or correspond, whether by written, verbal, or electronic means, with a member, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a Match Fee.

B. Manipulating feedback - You acknowledge and agree that the MarineProjectMatch.com website is a neutral venue and that all transactions for services are made by and between you and other members only and, therefore, we cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the website is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) AND for other members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the website, you shall NOT:

  • Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the member;
  • Post and/or cut and paste and/or copy the content of a member feedback review from the MarineProjectMatch.com website to your own personal or business website, to any other third party web site and/or on any of your own personal, business or third party marketing/advertising materials regardless of the form;
  • Attempting to gain feedback by receiving multiple feedback from the same member (members may only leave one feedback, whether positive, neutral, or negative, to any other member, regardless of the number of matches that the two parties complete with each other);
  • Post or attempt to post, in any manner or by any means, a feedback review on your own account.

15. Off-Site Communications. MarineProjectMatch.com prohibits offers by its members to outside of the MarineProjectMatch.com site. Offers of this nature circumvent MarineProjectMatch.com's fee structure and are a potential fraud risk for both CUSTOMERS and SERVICEPROVIDERS. Some examples of off-site offers include:

  • Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in MarineProjectMatch.com's question and answer system, profile section, "Additional Information" sections, username and discussion forums.
  • Using personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses, obtained through MarineProjectMatch.com's question and answer system, profile section, "Additional Information" section, username, discussion forums.

MarineProjectMatch.com reserves the right to edit, amend, or delete any personal contact information that members submit on our site. MarineProjectMatch.com reserves the right to suspend or delete the account of any member that attempts to make off-site transactions.

16. Right to Reject or Remove Members. We reserve the absolute right to reject your participation, or remove you from your current participation, in the MarineProjectMatch.com website at any time and for any reason or for no reason and without notice to you. An event that may result in the rejection or removal of Your participation can include but is not limited to: any circumvention of the MarineProjectMatch.com marketplace by you or by others at your direction; Your creation, maintenance and/or management of more than one account; your circumvention or non-payment in full of our fees; any attempt by you to improperly influence, or cause another to, improperly influence the feedback of members; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of employees, agents, or· partners.
17. Petition for Reinstatement. Upon your removal from the MarineProjectMatch.com website, you may petition for reinstatement. Your petition for reinstatement must include the following: a) A written statement as to why you should be reinstated b) Your contact information; your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
18. Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
19. Taxes. You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site.
20. Record Keeping/Audit. We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.
21. Non-solicitation. During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.
22. No Felony Convictions. You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a felony. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.
23. Unsolicited Idea Submission. We always want to receive messages and feedback from MarineProjectMatch.com members and welcome any comments regarding the MarineProjectMatch.com marketplace. However, MarineProjectMatch.com policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by MarineProjectMatch.com might be similar or even identical to your idea.
If you do send MarineProjectMatch.com an unsolicited suggestion, idea, or proposal, or if you send, at the request of MarineProjectMatch.com, a comment or suggestion to improve the MarineProjectMatch.com Marketplace (for example, through Discussion Boards or via email) (collectively, the "Submission"), MarineProjectMatch.com will consider the Submission to be non-confidential and non-proprietary. MarineProjectMatch.com shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. MarineProjectMatch.com shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

24. Identity Verification. We use techniques to help verify the identity of SERVICE PROVIDERs when they register on our website; however, MarineProjectMatch.com cannot and will not confirm each SERVICE PROVIDER's identity. We have implemented a user-managed feedback system to help you evaluate other members you are transacting with.
25. Feedback. For each MarineProjectMatch.com transaction, the CUSTOMER and SERVICE PROVIDER are allowed to rate each other by leaving feedback for one another. Feedback consists of leaving one rating (positive, negative or neutral), along with a short comment about your experience. Feedback scores are calculated when another member gives you a +1, 0, -1 score. Each member's overall feedback score is the difference between the number of members who left a positive rating and the number of members who left a negative rating. When a member leaves more than one of a particular type of feedback, for example three positive ratings for another member (for three different transactions), the other member's score only increases by +1. While the score is only increased by +1, each of the comments are made available for the community to read in the profile section. A member can only influence another member's feedback score by one positive, one negative or one neutral rating. For example, if you leave 3 positives and a negative, only one of the positives and one of the negatives will count against the score, netting to provide a score of o. If you attempt to undermine the integrity of our feedback system in any way, or if you earn a net feedback rating of negative four (-4) or lower, your membership may be suspended. You acknowledge that your feedback consists of comments left by other MarineProjectMatch.com members and a composite feedback number compiled by MarineProjectMatch.com. You agree that you will not use your MarineProjectMatch.com feedback in any venue other than MarineProjectMatch.com. Members should always use caution and good judgment when leaving feedback for another member because, members could be held legally responsible for damages to a member's reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the Communications Decency Act), because MarineProjectMatch.com does not censor feedback or investigate it for accuracy, MarineProjectMatch.com is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it.
26. Resolving Feedback Disputes. To maintain the integrity of the feedback system, feedback left for a member is a permanent part of that member's profile. Feedback comments cannot be edited at a later date. Members should resolve any misunderstandings prior to leaving feedback since most misunderstandings can and are resolved quickly through direct communication. There may be times when you are unhappy with, disagree with, or regret feedback that you left for another member, or that may have been left for you. If you have a disagreement over feedback that has been left, you have options to respond.
A) Reply to Feedback Received. Share your side of the story by responding to any comment that has been left for you. Your response will be shown directly below the comment left by the other MarineProjectMatch.com member.
B) Mutual Feedback Withdrawal. If both members are able to resolve a problem after feedback has been left, you can mutually agree to withdraw the feedback rating. The feedback comment will still appear in your profile, but it will no longer count towards your feedback score. Both members must agree, and feedback will be withdrawn at the same time upon confirmation of the request by both members.
C) Feedback Comment Withdrawal. MarineProjectMatch.com will remove individual feedback comments only in very rare circumstances, such as when they violate certain MarineProjectMatch.com policies. Other situations where MarineProjectMatch.com will remove feedback include: feedback containing vulgar language or other personal contact information, and instances when MarineProjectMatch.com receives a valid court order to remove feedback.
27. Remedies. Remedies for use of our website that violate this agreement include, but are not limited to, the immediate removal your project and project listings, notifying our members of your actions, issuing a warning, temporarily suspending your membership, terminating your membership, and refusing to provide our services to you.
28. No Warranty. MarineProjectMatch.com, our employees, and our suppliers provide services without any warranty or express, implied or statutory conditions. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
29. Limited Liability. In no event shall we, our employees, or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, our services or this agreement however arising, including negligence. Our liability,  and that of our employees and suppliers, to you or any third parties in any circumstance is limited to the greater of the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and $100.
30. Indemnity. You agree to indemnify and hold us and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.
31. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing.
32. Arbitration. Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Service Provider to collect our fees and/or recover damages for, or obtain an injunction relating to, the Service Provider site operations, intellectual property, and our services, shall be settled by binding arbitration by a single arbitrator. The arbitration shall be conducted in Palm Beach Gardens, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
33. Dispute Resolution. Disputes between you and Service Provider regarding our services should be reported to Service Provider Member Support. We will attempt to resolve any disputes you have with us. Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and members regarding services. If you report a dispute to Service Provider, we will make every effort to help both parties communicate; however, all disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith. We encourage you to report all member-to-member disputes to law enforcement officials or a certified mediation or arbitration entity. We do not specifically endorse any such third party mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
34. Protection of Intellectual Property Content. The Service Provider website contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this website including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
35. Trademark and Domain Name Protection. The Service Provider website contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us. Unless otherwise agreed to in an Addendum to this Agreement, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or nonperformance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks.
36. Security. Service Provider uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our website can be interrupted by numerous factors outside of our control.
37. Governing Law. THISAGREEMENTAND YOURUSEOFTHESITESHALLBEGOVERNEDBY THELAWSOFTHESTATEOF FLORIDA, WITHOUT REGARDTO PRINCIPLESOFCONFLICTOF LAWS.
38. General. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.



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