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Under no event will WorldwideYachtsman.com or it’s , directors, officers, employees, suppliers, contractors, sister companies, agents, friends, be liable to any party or person for punative, loss or financial damages. You heir by agree to hold us harmless and free. As a service provider hereby agrees to indemnify, defend and hold harmless service recipient and each of its affiliates from and against any and all claims, losses, demands, liabilities, costs and expenses (including reasonable attorneys fees and costs and expenses related thereto) suffered or incurred by service recipient or any of its affiliates as a result of, or in connection with, any third party claims to the extent caused, in whole or in part, by the fraud, gross negligence or willful misconduct of service provider or any of its affiliates in performing the services. In no event shall the aggregate liability of service provider and its affiliates to service recipient and its affiliates, for any damages concerning service providers or its subsidiaries or subcontractors performance or nonperformance of the services or any other matter arising out of, or related to, this agreement (regardless of whether any such claim for such damages is based in contract or in tort) exceed the amounts actually paid to service provider by service recipient pursuant to this agreement
You agree that, except to the extent such right may not be waived by law, you will not commence any legal action or lawsuit or otherwise assert any legal claim seeking relief for any Claim released or waived under the Release of Claims provision above. This "covenant not to sue" does not, however, prevent or prohibit you from seeking a judicial determination of the validity of your Release of Claims under the Age Discrimination in Employment Act ("ADEA"). In addition, this "covenant not to sue" does not prevent or prohibit you from filing any administrative complaint or charge against the Releasees (or any of them) with any federal, state, or local agency, including, for instance, the U.S. Equal Employment Opportunity Commission or the U.S. Department of Labor, but you understand that by signing this Agreement, you will have no right to recover monetary damages or obtain individual relief of any kind in such proceeding with respect to Claims released or waived by this Agreement.
The user of WorldwideYachtsman.com agrees to indemnify and hold harmless the Company, its officers and directors, employees and its affiliates and their respective successors and assigns and each other person, if any, who controls any thereof, against any loss, liability, claim, damage and expense whatsoever (including, but not limited to, any and all expenses whatsoever reasonably incurred in investigating, preparing or defending against any litigation commenced or threatened or any claim whatsoever) arising out of or based upon any false representation or warranty or breach or failure by the undersigned to comply with any covenant or agreement made by the undersigned herein or in any other document furnished by the undersigned to any of the foregoing in connection with this transaction.
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These terms of usage shall be governed by and construed in accordance with the laws of the Ohio without giving effect to its principles of conflicts of law. Any disputes or controversies arising out of the Terms of Usage shall be subject to the exclusive jurisdiction of the Federal Courts of the United States of America.
Both Listing Agent and MLS Listings are simple and easily understood. The model is often used in real estate. The Listing Agent is the broker who entered into an agreement with the boat owner for an agreed amount. An (MLS Listing) is a vessel who may or any not have a Listing Agent, but is also opening to negotiation. Negotiation could be for price, commission, fees, facility overhead, travel expenses, marketing, terms or other services to complete a sale. Ultimately, they are tending the buyer and they are looking to fulfil the owner’s wishes by selling a vessel or losing the sale. It’s in everyone’s interest to close the sale and keep the buyers happy and owner’s wishes realized, in which is all parties are in agreement. This same process is used in new and used automotive sales between dealers. The focus needs to remain on the seller and the buyer.