VESSELVANGUARD® TERMS AND
CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF
USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR
LAST VISIT TO THIS WEB SITE. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND
CONDITIONS OF USE. BY USING THIS WEB SITE AND THIS SUBSCRIPTION SERVICE, YOU
INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT
ACCEPT THESE TERMS THEN DO NOT USE THIS WEB SITE OR THE PRODUCTS.
VesselVanguard® is a service of Vessel
Metrics, LLC, and provides boat owners, and participants in the boating
industry a variety of information resources to enable boat owners and their
contractors to be better informed about the equipment and maintenance
requirements of the boat and its on-board systems.
The following agreement describes the terms
and conditions for access to the public and non-public areas of the
VesselVanguard web site (those requiring a user name and password), and for
making use of any of the services offered by this web site.
Please examine this document carefully
before accessing or using the public and non-public areas of the web site. By
accessing or using these areas of the web site, you agree to be legally bound
by these terms and conditions. If you do not agree with one or more of the
terms and conditions, then please do not use the non-public areas of the
VesselVanguard web site, or any services offered by the web site.
Copyrights and Trademark Information
content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of VesselVanguard or its content suppliers and protected by
international copyright laws. The compilation of all content on this site is
the exclusive property of VesselVanguard, with copyright authorship for this
collection by VesselVanguard and protected by international copyright laws.
Use of Copyrighted Material
print and download portions of the materials solely for your own non-commercial
use. Any other use, copying, distribution, publication or transmission of any
portion of web site material is strictly prohibited without the express written
permission of VesselVanguard or, where applicable, the third party provider of
the web site content. You agree not to change or delete any proprietary notices
from any materials downloaded from the web site whether or not such notices
originate with third parties. You further agree to grant VesselVanguard a
non-exclusive, royalty-free, worldwide, perpetual license, with the right to
sublicense, to reproduce, transmit, distribute, create any derivative works of,
publicly use or display any materials or other information you publish to the
web site by any means or by any media now known or hereafter developed. You
further agree that any such communication you make to the web site (whether
information, feedback, data, questions, comments, suggestions or the like)
shall be deemed not to be confidential, and warrant that such communication
does not infringe the intellectual property or other rights of any party. By
your acceptance of these Conditions of Use you also grant VesselVanguard the
right to use your name in connection with the submitted materials and other
information, as well as in connection with any and all advertising, marketing
and promotional material related thereto. You further agree and acknowledge
that you shall have no recourse against VesselVanguard for any alleged or
actual infringement or misappropriation of any proprietary right in your
publications or communications to us.
respects your privacy. You can browse our public web site without disclosing
personal information. If you choose to register or subscribe to any email
alerts, or request further information from any section of our site, you must
first establish a User Name and Password with us as shown in this part of our
web site. All information that you provide to establish your Password will be
kept confidential as described below, unless you authorize us to reveal it or
unless we are ordered to disclose it by a court or administrative agency with
proper jurisdiction. Similarly, if you choose to send us your resume in
connection with a job application, we will maintain the confidentiality of the
information you send to us and will not use it for other purposes.
information that you volunteer will be used to process your request in
VesselVanguard offices. We will not pass your information to third parties and
we will not send you marketing literature unless you have indicated your
consent. You can choose to unsubscribe to any e-mail marketing alerts at any
time by replying to the appropriate alert with the subject
"cookies" on some sections of our web site to provide you with a more
personalized experience. We recommend that you allow cookies for VesselVanguard
to expedite delivery of information, however you may set your browser to reject
these cookies if you wish to do so. You will not be denied access to any part
of our web site if you do not accept cookies.
have any questions about our public web site privacy practices, please e-mail
us: info@VesselVanguard.com or call 1-888-214-1710.
Your Subscription / Membership Account
Initial Set-Up of Basic Boat Profile Your initial membership year begins
when you subscribe through the VesselVanguard online interface (API) and provide
your identifying customer information and pay the Set-Up Fee. Receipt of this
information constitutes creation of the Basic Boat Profile. Payment of
the Set-up Fee includes the first year of subscription to VesselVanguard. Establishing
the Basic Boat Profile and functionality requires considerable dedication of
personnel and technology assets and accordingly the Membership Fee is fully
earned upon creation of the basic Boat Profile and will not be returned for any
reason. Upon receipt of the selected equipment list provided by the Subscriber,
VesselVanguard will initiate creation of the Full Boat Profile to
include electronic aggregation of all manuals, warranties, and maintenance
schedules attendant to the boat maker and each equipment group to the extent
that information is available. Completion of the Full Boat Profile will be
performed as quickly as possible depending upon the availability of information
and may take between one and three weeks. You will receive periodic
notification of status.
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. VesselVanguard and its associates reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel orders in
their sole discretion.
Requirement to Update Your Account Information It is the Subscriber’s sole and
absolute responsibility to update the customer record at all times to include
current contact information such as mailing address, email address, phone
numbers, as well as changes in boat ownership, hail-port and marina location.
The Subscriber is also responsibility for the accuracy of contact coordinates
for all contractors to whom Subscriber has provided limited access to boat
Email as Official Communication Medium The VesselVanguard service
model is based on providing owner and authorized contractors Notification
Alerts sent via email to the email address provided. VesselVanguard’s official
method of communication pertaining to boat maintenance and general notices is
limited to email and it is the Subscriber’s exclusive responsibility to keep
its email address up to date with VesselVanguard. VesselVanguard assumes no
responsibility for non-delivery of urgent or important notifications such as
recalls and service bulletins from third parties in so far as the Subscriber
has not maintained an accurate customer record in the MyVesselVanguard Customer
Services Provided by VesselVanguard
Summary VesselVanguard compiles
information from third parties which include operating manuals, warranties,
preventive maintenance requirements, and other information created by
manufacturers pertinent to equipment which they manufacture and sell to the
public. VesselVanguard inputs the service intervals and details associated
with each maintenance Task into its software application where a perpetual
maintenance calendar is generated. The software tracks service intervals based
on elapsed days between service or hours of use and automatically generates
Notification Emails in advance of required maintenance. VesselVanguard obtains
maintenance schedules from the manufacturers based upon the boat model and a
list of equipment provided to VesselVanguard by the Subscribing Member or third
parties under their direction, i.e. dealers, boat manufacturers, brokers.
this information VesselVanguard provides the following information services to
its Subscribing Members:
an online Boat Profile of the Member Boat. The profile includes “pdf” versions of
the operating manuals, warranties, and maintenance schedules for the boat and
its equipment as suggested by the manufacturer. This profile is accessible by
the Subscriber through a password-protected interface and is organized by
VesselVanguard inputs the suggested maintenance schedules into its software
system which then creates a digital schedule for each listed equipment group to
include details of required maintenance tasks based upon a sequence of
regularity suggested by the manufacturer.
Having compiled the maintenance schedules for the listed equipment,
VesselVanguard issues Task Alerts via email delivery to the Subscriber in
advance of the service due date based upon Notification Preferences established
by the Subscriber.
5.4 Collaboration At the direction of the
Subscriber, Task Alerts may also be simultaneously sent to third party
contractors who have been retained by the Subscriber to perform maintenance on
their boat. The Subscriber can modify notification preferences at any time.
The Subscriber has the option to use the Notification Alerts for other
non-programmed tasks including renewal date reminders for insurance, Coast
Guard Registrations, slip rental, or any owner defined maintenance task.
for Next Occurrence
VesselVangaurd provides the functionality for the Subscriber or their
authorized contractor to recalibrate the maintenance schedule upon completion
of each task.
a Digitized Boat Log of Current and Historic Data The Functionality is provided within the
application for the Subscriber to upload historical documents to their Boat
Profile to create a digital Ships Log including maintenance history. The
Subscriber has the ability within the system functionality to view and save
reports pertaining to maintenance, equipment lists, insurance, photos, receipts
and records, galley supplies, stores and inventories, calendars, and financial
accounting of ownership expenses.
advanced functionality within the online application for the Subscriber to:
add/delete equipment groups; add tasks not defined by manufacturers schedules;
add/delete equipment; create owner defined maintenance or inspection Tasks;
create and track inventories for galley, fluids and spare parts; add private
documents; add and delete contractors to the Boat Profile.
Subscriber acknowledges that the information and maintenance schedules compiled
by VesselVanguard have been developed by others and presented to the Subscriber
without Warranty or representations of accuracy or completeness.
Third Party Reliance.
We rely upon boat and equipment manufacturers to provide us with current
information pertaining to the boat and its on-board equipment. With this
information VesselVanguard provides a coordinated means to find and search
manuals, read instructions, make inspections, perform equipment and systems
maintenance as suggested by the boat maker and equipment manufacturers.
VesselVanguard assumes no liability for the accuracy
or correctness of the information, instructions and maintenance schedules
provided by third parties. VesselVanguard does not guarantee or warrant the
accuracy of information we present to you, and you further acknowledge that
such information is produced and provided by third parties in the form of
manuals, maintenance schedules and other documentation which they generate.
Content Not Edited by VesselVanguard Our responsibility is limited to the
presentation of maintenance and inspection information produced by others in
the context and content that we receive without editorializing. As such the
information and material on this web site is provided solely for informational
purposes. As a Subscriber you assume total responsibility and risk for your
use of the web site and adherence to the work and schedules suggested by
Errors and Omissions
VesselVanguard assumes no responsibility for errors or omissions in this web
site or any other web site which may be referenced or linked to this web site.
In no event shall VesselVanguard be liable for any special, incidental,
indirect, consequential, exemplary or punitive damages, loss of use or profits,
whether based on breach of contract, tort (including negligence), fraud or
otherwise, including without limitation those resulting from loss of use of
boat, whether or not advised of the possibility of damage in manufacturers
The inability to obtain manuals and alternative use of Generic Maintenance
VesselVanguard will be diligent in locating and acquiring manuals and
maintenance schedules pertaining to every equipment group listed by the
Subscriber. However, the Subscriber acknowledges that for reasons beyond its
control VesselVanguard may not be able to obtain manuals or maintenance
schedules for all listed equipment and the failure to do so does not void the
Subscriber agreement. Reasons for this circumstance may include: age of boat
or specific equipment, discontinuation of manufacturer, non-publication or
non-electronic publication of manuals and maintenance requirements. In such an
event VesselVanguard wherever possible and practical will substitute schedules
in common use that are generic to the unfound equipment group and will notify
the Subscriber if generic schedules are being used. The inability of
VesselVanguard to provide manuals or maintenance schedules for shall not be
construed to be a condition of non-performance or breach of contract.
Subscriber Modification of Suggested Schedules. As a part of the functionality of
VesselVanguard, the Subscriber may alter the intervals between maintenance
events as suggested by the manufacturer or generic schedules in use. Any
alteration to the suggested maintenance schedules will be logged as an event
in the digital ship’s log.
Amendments are periodically made to the information contained in this site.
VesselVanguard may make improvements and/or amendments to the web site at any
time. Any and all portions of this disclaimer and this agreement shall automatically
apply to all improvements and/or amendments as they appear on the web site. It
is solely your responsibility to evaluate the accuracy, completeness and
usefulness of all opinions, advice, services, and other information provided
through the web site.
Web Site Maintenance VesselVanguard
does not warrant that the web site will be uninterrupted or error free or that
defects in the web site will be corrected. If you are dissatisfied with the web
site or with any terms, conditions, rules, policies, guidelines or practices of
VesselVanguard in operating the web site, your sole remedy is to discontinue
using the web site.
Links to Third Party Sites.
the web site will allow other sites to be accessed. These linked sites are not
under the control of VesselVanguard, and VesselVanguard is not responsible for
the contents of any linked site. Links are provided only as a convenience, and
inclusion of any link does not imply endorsement by VesselVanguard of the
linked site. Similarly, VesselVanguard does not always authorize the
establishment of any links created by third parties to its web site, and it is
not responsible for the contents of any site linked to this web site.
Modifications and Severability. VesselVanguard reserves the right to make changes to these
Conditions of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of any remaining