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.

 

1. Copyrights and Trademark Information

 

All 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.

 

2. Use of Copyrighted Material

 

You may 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.

 

3. Privacy

 

VesselVanguard 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.

 

Any 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 "unsubscribe".

 

We use "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.

 

If you have any questions about our public web site privacy practices, please e-mail us: info@VesselVanguard.com or call 1-888-214-1710.

4. Your Subscription / Membership Account

 

4.1 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.

 

4.1 Maintain Confidentiality 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.

 

4.2 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 records.

 

4.3 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 Preferences file.

 

5. 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.

 

Using this information VesselVanguard provides the following information services to its Subscribing Members:

 

5.1. Create 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 equipment group.

 

5.2 Create Maintenance Schedules. 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.

 

5.3. Issue Task Alerts 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.

 

5.5 Set Preferences 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.

 

5.6 Recalibrate for Next Occurrence VesselVangaurd provides the functionality for the Subscriber or their authorized contractor to recalibrate the maintenance schedule upon completion of each task.

 

5.7 Create 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.

 

5.8 Advanced Functionality Provide 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.

 

6. No Warranty

The 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.

 

6.1 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.

 

6.2 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 others.

 

6.3 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 instructions.

 

7. Maintenance Schedules

 

7.1 The inability to obtain manuals and alternative use of Generic Maintenance Schedules. 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.

7.2 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.

7.3 Amendments 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.

 

8. 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.

 

 

 

 

9. Links to Third Party Sites.

 

Links in 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.

 

10. 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 condition.

© 2013

VesselVanguard