LAST UPDATED: March 13, 2022
This website Boat.com is privately owned and operated by Boat Inc. The terms Boat.com and Boat Inc are used interchangeably. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
IF YOU DO NOT AGREE TO ALL OF OUR TERMS, DO NOT ACCESS OR USE THE BOAT.COM SERVICE.
OUR TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH BOAT. INC. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON OR ONLINE.
ONLY USERS WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER MAY REGISTER FOR OR USE THE BOAT.COM SERVICE. The Boat.com Service is not targeted towards, nor intended for use by, anyone under the age of eighteen (18). At this point the Boat.com service is for use in the USA only. You further represent and warrant that you: (a) have not previously been suspended or removed from using the Boat.com Service; (b) are legally permitted to, and do, live in the United States or one of its territories, and (c) may enter into this agreement without violating any other agreement to which you are a party. If you are registering to use the Boat.com Service on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf. As a user, you assume full responsibility for compliance with all applicable laws and regulations including but not limited to taxes and export restrictions.
- Account Registration and Security Responsibilities
In order to access certain parts of the Boat.com Service, you may be required to create an Boat.com account (an “Account”) In connection with creating an Account, you must provide certain information (“Registration Data”) and answer all questions or fields marked “required.” You agree to: (a) provide true, accurate, current and complete Registration Data; (b) maintain and update such Registration Data to keep it true, accurate, current and complete; (c) maintain the security of your Account, including by maintaining the security and confidentiality of your login credentials; and (d) consent to allow Boat.com to contact you for the purpose of confirming some or all of your Registration Data, communication charges may apply, to conduct research and to resolve disputes, as Boat.com may elect to do from time to time.
A buyer may, by agreement with the seller, elect to make payment by cash, check or other payment method accepted by the seller. Such payments are made directly between the buyer and the seller when they meet in person to complete their purchase and sale transaction, pursuant to terms they determine. Boat.com is not a party to such transactions, and does not facilitate such transactions, refunds or returns in any manner.
It is your responsibility to determine what, if any, taxes apply to each transaction you complete via the Boat.com Service, including, for example, sales, use, value added, and similar taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. Boat.com is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from any transaction you complete via the Boat.com Service.
- Third parties. From time to time, Boat.com may, in its sole discretion and pursuant to its terms, recommend a third party. Boat.com is not a party to transactions conducted between users and third parties, or to any interactions from sellers to buyers, and, other than as expressly provided in the terms Boat.com will not be liable for, and you release us from any liability to you for, any losses, damages.
BOAT DOES NOT REPRESENT OR WARRANT THAT, (A) WE HAVE VERIFIED THAT A USER IS THE PERSON THAT THEY CLAIM TO BE, (B) THAT A USER IS IN FACT THE PERSON IDENTIFIED IN ANY PERSONAL IDENTIFICATION DOCUMENT THAT USER HAS PROVIDED TO US, OR (C) THAT WE HAVE TAKEN ANY STEPS TO RUN A CRIMINAL OR OTHER BACKGROUND CHECK OR OTHERWISE MAKE AN ASSESSMENT OF A USER’S INTEGRITY OR CHARACTER.
- Errors and Discontinuance of the Boat.com Service
In the event of an error in connection with the pricing or charging of Paid Service or product, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any such error within 120 days of the date of the billing statement in which such error first appeared.
Boat.com may, in its sole discretion and without liability to you, modify, discontinue, terminate, suspend or shut-down (temporarily or permanently) all or any portion of the Boat.com Service at any time, without prior notice. Upon any such action by Boat.com, you must immediately stop using the Boat.com Service. You may also cancel your Account at any time, as described in terms.
- Acceptable Use
When accessing or using the Boat.com Service, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:
- Engage in any unauthorized use of the Boat.com Service (including, without limitation, political campaigning, advertising, or marketing);
- Transmit or otherwise make available any content that: (1) you do not have the right to provide or transmit using the Boat.com Service, (2) may expose Boat.com or its affiliates, licensors, or users to any harm or liability, or (3) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, unlawful, untrue, or otherwise objectionable;
- Upload to, transmit, distribute, store, create, or otherwise sell or offer for sale anything that violates our terms.
- Transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Originate, send, deliver, relay or otherwise transmit unsolicited commercial email or other messages through the Boat.com Service;
- Copy any portion of the Boat.com Service or any underlying content or source code;
- Reverse engineer, disassemble or decompile any portion of the Boat.com Service or otherwise attempt to discover or re-create the source code to any software;
- Distribute the software or source code behind the Boat.com Service to any third party;
- Make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Boat.com Service;
- Remove, alter, or obscure any copyright or other proprietary notices of Boat.com or its affiliates or licensors in any portion of the Boat.com Service;
- Obscure or disable any advertisements that appear on or through the Boat.com Service;
- Use any type of automated means, including without limitation any harvesting bot, robot, spider, script, crawler, scraper or other automated means or interface not provided by Boat.com, to utilize the Boat.com Service or to collect or extract data; Major search engine mapping is allowed.
- Access without authorization any networks, systems, or databases used in providing the Boat.com Service or any accounts associated with Boat.com Service, or to access or use any information therein for any purpose;
- Attempt to probe, test, hack, or otherwise circumvent any security measures;
- Violate any requirements, policies, procedures or regulations of any network connected to the Boat.com Service;
- Use the Boat.com Service in any manner that could damage, disable, overburden, or otherwise impair the Boat.com Service (or the networks connected to the Boat.com Service);
- Interfere with or disrupt the use and enjoyment by others of the Boat.com Service, including without limitation attempting, in any manner, to obtain the password, account, or other security information of any other user;
- Falsely state, impersonate, or otherwise misrepresent your identity;
- Provide false information during Account creation or the Boat.com Payment Solution, or otherwise provide false, inaccurate or misleading information;
- Create more than one Account or create an Account on behalf of anyone other than yourself without permission;
- Use or attempt to use another user’s Account without authorization;
- Attempt to pay for an item using the Boat.com Payment Solution with an Electronic Payment Method that you either do not own or are not validly authorized to use;
- Use the Boat.com Service in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
- Use the Boat.com Service in any manner that exposes Boat.com to any harm or liability of any nature;
- Use the Boat.com Service to infringe or violate the intellectual property rights or any other rights of anyone else (including Boat.com);
- Develop any third-party applications that interact with the Boat.com Service without Boat.com’s prior written consent;
- Use the Boat.com Service to engage in any illegal or unauthorized purpose or to engage in, encourage, or promote activities that are unlawful, misleading, malicious or discriminatory, including, but not limited to violations of these Terms, illegal gambling, fraud, money-laundering, or terrorist activities, export restrictions;
- Transfer any rights granted to you under these Terms; or
- Encourage or induce any third party to engage in any of the activities prohibited under this section.
By listing your Boat for sale through Boat.com, you acknowledge and agree that: (a) the Boat you list for sale is in your possession;
(b) you have the right to transfer the advertised Boat’s title to the purchaser;
(c) you are willing to sell the advertised Boat at the price and on any other terms specified in your listing;
(d) listings may expire at boat.com sole discretion after a period set by boat.com and will be removed from boat.com
(e) upon selling or otherwise taking your Boat off the market, you will within 72 hours delete the listing for that Boat;
(f) you will not use your listing to advertise or promote anything (including, without limitation, any product, service or business) other than one unique Boat offered for sale;
(h) you will properly identify yourself as either an “Individual Seller” or a “Dealer” (a “Dealer” is any individual or entity that is in the business of selling Boats or who has had 4 or more Boats for sale on the boat.com site within the previous 12 months of the listing start date; anyone that does not meet the definition of a Dealer is an “Individual Seller”);
(i) if you placed a listing with a material error that cannot be corrected through the Boat.com provided tools, you will contact Boat.com customer service within 10 days of your original listing date to inquire about making material changes to your listing (e.g., through a typographical error, you listed the wrong model for sale) and Boat.com shall determine, in its sole discretion, whether such changes will be permitted;
(k) you will not use the Boat.com site, as well as any mobile versions of the Boat.com site and/or any similar versions (the “Site”), for any fraudulent, false, misleading or deceptive activity;
(l) all content and information that you provide to Boat.com is truthful, accurate and complete; and
(m) you have the full right, title and interest in and to all content, photos and other material that you provide to, or post on, Boat.com;
(n) photos provided for your item listing will only show the Boat listed for sale and may not include under any circumstances people, animals, or other objects not part of the Boat.
- If you operate a website and wish to link to the Site, you must link to the Site’s home page unless permission otherwise has been granted in writing by Boat.com. Boat.com reserves the right to reject or terminate any links to the Content or the Site.
If you violate any of the foregoing, Boat.com reserves the right to suspend or terminate your right to access and use the Boat.com Service immediately without notice, and you will have infringed Boat.com’s intellectual property and other rights, which may subject you to prosecution and damages. Boat.com also reserves the right to take any remedies it deems appropriate under the circumstances if you have purchased or sold items that are in violation of this Section. Boat.com reserves the right at all times to monitor, review, retain and disclose any information regarding your use of the Boat.com Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. You also acknowledge and agree that Boat.com is not responsible or liable for the conduct of, or your interactions with, any users of the Boat.com Service (whether online or offline). Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Boat.com Service will not contain any content that is prohibited by these Terms.
- User Content
In the course of using the Boat.com Service, you may transmit or otherwise make available certain content, including information about yourself, content, messages, materials, data, information, text, photos, graphics, code or other items or materials (“User Content”) through interactive areas or services, such as posting items for sale, making an offer, private messaging, or other areas or services. User Content may be publicly viewable in some instances. Boat.com reserves the right, but does not have the obligation, to remove, screen or edit any User Content posted, transmitted, or stored on the Boat.com Service at any time and for any reason without notice. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise, publish through the Boat.com Service any of the following:
- User Content that is, in Boat.com’s judgment, disrespectful or may expose Boat.com, Users or others to harm or liability;
- User Content that may infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
- Private information of any third parties, including addresses, phone numbers and payment card information;
- Viruses, corrupted data or other harmful, disruptive, or destructive files; or
- User Content that inhibits any other person from using or enjoying the Boat.com Service.
You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. You acknowledge and agree that Boat.com is not responsible for any errors or omissions that you make in connection with the Boat.com Service. By submitting or posting User Content, you hereby grant to Boat.com a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name, company name, location and any other information you submit with the User Content, in connection with the Boat.com Service. The use of your or any other User’s name, likeness, or identity in connection with the Boat.com Service does not imply any endorsement thereof unless explicitly stated otherwise. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.
You agree that Boat.com may moderate access to and use of the Boat.com Service in our sole discretion through any means (including, for example, blocking, filtering, deletion, delay, omission, verification, and/or termination of your access. Furthermore, we have the right to remove any posting you make on the Boat.com Service if, in our opinion, your post does not comply with the content standards set out in this terms, and any other Boat.com Service rules. You agree not to bypass or attempt to bypass such moderation. You further agree that Boat.com is not liable for moderating, not moderating or making any representations regarding moderating.
- Third Party Services and Content
In using the Boat.com Service, you may view content, utilize services, or otherwise interact with content and services provided by third parties, including, but not limited to, the Boat.com Payment Solution provided by a third-party payment processor, the Boat.com fulfillment solution through third-party logistics providers, links and/or connections to websites, applications or services of such parties (“Third-Party Content”). Boat.com does not control, endorse or adopt any Third-Party Content and you acknowledge and agree that Boat.com will have no responsibility for any Third Party Content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business or other dealings or correspondence with such third parties are solely between you and the third parties. Boat.com is not responsible or liable for any damage or loss of any sort caused, or alleged to be caused, by or in connection with any such dealings, including the delivery, quality, safety, legality or any other aspect of any good or services that you may purchase or sell to or from a third party.
Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the Boat.com Service or any other products or services of Boat.com (collectively, “Feedback”), is non-confidential and will become our sole property. We will have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Further, you agree not to submit any feedback that is defamatory, illegal, offensive or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
- Copyright Policy
- Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Boat.com has adopted a policy of terminating, in appropriate circumstances and at Boat.com’s discretion, users who are deemed to be repeat infringers. We also may, at Boat.com’s discretion, limit access to the Boat.com Service and terminate access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Copyright Complaints. If you believe that anything on the Boat.com Service infringes upon any copyright that you own or control, you may file a notification with Boat.com’s Designated Agent as set forth below: Boat.com Copyright Agent 771 W Atlantic Blvd, Pompano Beach Fl 33060 Email Address of Designated Agent: [email protected] Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Boat.com or the alleged infringer as the result of Boat.com’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
- Intellectual Property Rights
Unless otherwise indicated, the Boat.com Service and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the Boat.com Service, including, without limitation, the Boat.com logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of Boat.com or its affiliates or licensors, and are protected by U.S. and international copyright laws and other intellectual property rights laws.
Except as otherwise provided, subject to your compliance with all of the terms and conditions of these Terms, and in consideration of your promises reflected herein (and with respect to any services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the Boat.com Service, (ii) cause the Materials to be displayed from a computer and/or mobile device and (iii) use the Materials, solely as permitted under these Terms (the “License”). Boat.com and its affiliates and licensors reserve all rights not expressly granted to you in these Terms. You agree that these Terms do not grant you any rights in or licenses to the Boat.com Service or the Materials, except for this express, limited License. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Materials or any other part of the Boat.com Service or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you agree not to frame or display the Boat.com Service or Materials (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. The License granted under this Section will automatically terminate if we suspend or terminate your access to the Boat.com Service.
Boat.com and other Boat.com graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Boat.com or its affiliates in the U.S. and/or other countries, and may not be copied, imitated, or used, in whole or in part, without Boat.com’s prior written consent. You will not use any trademark, product or service name of Boat.com without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product of service name of Boat.com. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by Boat.com.
- Suspension; Termination.
Boat.com may revoke or terminate your License to access or use the Boat.com Service for any reason without notice at Boat.com’s sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Boat.com Service or Materials, or any other Boat.com product or service, or (iii) use the Boat.com Service or the Materials other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the Boat.com Service immediately if Boat.com suspends or terminates your License to access or use the Boat.com Service. Boat.com reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Boat.com Service during suspension or after termination. Boat.com may recover its reasonable attorneys’ fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the Boat.com Service is suspended and after it is terminated.
You may also terminate your License to access or use the Boat.com Service by closing your Account at any time. For more details on how to close your Account, please refer to our FAQs.
- Disclaimer of Warranties
- TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE BOAT.COM SERVICE, THE MATERIALS, THE PAID SERVICES, PRODUCTS, AND ANY ITEMS SOLD BY USERS THROUGH THE BOAT.COM SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE BOAT.COM SERVICE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN, AND ANY ITEMS SOLD THROUGH THE BOAT.COM SERVICE.
- WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER BOAT.COM NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE “BOAT.COM PROVIDERS”) REPRESENT OR WARRANT (I) THAT THE BOAT.COM SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE BOAT.COM SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR ERROR FREE; (II) THAT THE BOAT.COM SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE BOAT.COM SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE BOAT.COM SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE BOAT.COM SERVICE WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH THE BOAT.COM SERVICE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (VI) THAT THE BOAT.COM SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE BOAT.COM SERVICE ARE NON-INFRINGING; OR (VII) THAT ANY USER ID IS A REPRESENTATION AS TO THE IDENTITY, CHARACTER OR INTEGRITY OF ANY PERSON, BUSINESS, OR ENTITY THAT IS ASSOCIATED WITH THAT USER.
- YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE BOAT.COM SERVICE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES OUTSIDE OF OUR REASONABLE CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE BOAT.COM SERVICE.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
- Assumption of Risk
- YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH BOAT.COM’S SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
- Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOAT.COM OR THE BOAT.COM PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE BOAT.COM SERVICE OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE BOAT.COM SERVICE OR MATERIALS, (II) ANY INABILITY TO USE THE BOAT.COM SERVICE OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE BOAT.COM SERVICE, EVEN IF BOAT.COM OR THE BOAT.COM PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM (Y) RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR (Z) THAT RESULT FROM EVENTS BEYOND BOAT.COM’S OR THE BOAT.COM PROVIDERS’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BOAT.COM’S RECORDS, PROGRAMS OR SERVICES.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BOAT.COM OR THE BOAT.COM PROVIDERS (JOINTLY), ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE OFFER UP SERVICE OR OTHERWISE RELATING TO THESE TERMS EXCEED THE GREATER OF (I) ANY COMPENSATION YOU PAY, IF ANY, TO BOAT.COM FOR ACCESS TO OR USE OF THE BOAT.COM SERVICE OR MATERIALS DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (II) $100 U.S. DOLLARS.
- THE LIMITATIONS SET FORTH IN THIS SECTION 18 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR BOAT.COM OR THE BOAT.COM PROVIDERS’ GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OR FRAUD.
You agree to hold harmless, defend and indemnify Boat.com and the Boat.com Providers from all liabilities, losses, damages, deficiencies, claims, causes of action, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the Boat.com Service or Materials, including, without limitation, any actual or threatened suit, demand or claim made against Boat.com or any Boat.com Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of these Terms including without limitation your breach of any of your representations and warranties; (iii) your use of any of the Boat.com Service or Materials; (iv) any content that you store on or transmit through the Boat.com Service; or (v) any items that you mail or ship in connection with the Boat.com Service, including items sold to other Boat.com users. Boat.com may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Boat.com in such event.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (INCLUDING A JURY TRIAL WAIVER) ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) WITH BOAT.COM AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BOAT.COM (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).
- Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Boat.com agree (1) to waive your and Boat.com’s respective rights to have any and all Disputes arising from or related to these Terms, the Boat.com Service, products or the Materials, resolved in a court, and (2) to waive your and Boat.com’s respective rights to a jury trial. Instead, you and Boat.com agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
- No Class Arbitrations, Class Actions or Representative Actions. You and Boat.com agree that any Dispute arising out of or related to these Terms, the Boat.com Service or the Materials is personal to you and Boat.com and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Boat.com agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Boat.com agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. The limitations imposed by this Section shall apply to, but are in no way limited to, class action refund claims brought by a class of taxpayers against Boat.com related to taxes collected and remitted in good faith efforts at compliance with state and local marketplace facilitator or marketplace provider laws. Nothing in this Section shall be construed to prohibit a buyer from filing a refund claim with the seller or applicable state and local tax authority as permitted by law.
- Federal Arbitration Act. You and Boat.com agree that these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
- Notice; Informal Dispute Resolution. You and Boat.com agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Boat.com shall be sent by certified mail or courier to Boat.com, Inc., Attn: Boat.com Designated Agent, 771 W Atlantic Blvd Pompano Beach FL 33060. Your notice must include (1) your name, postal address, telephone number, the email address you use or used for your Account, and, if different, an email address at which you can be contacted, (2) a description in reasonable detail of the nature or basis of the Dispute, and (3) the specific relief that you are seeking. Our notice to you will be sent to the email address you used to register for your Account, and will include (a) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that we are seeking. If you and Boat.com cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Boat.com may, as appropriate and in accordance with this Section, commence an arbitration proceeding, or to the extent specifically provided in this terms, file a claim in court.
- Process. Except for Disputes arising out of or related to a violation of our terms or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Boat.com agree that any Dispute must be commenced or filed by you or Boat.com within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Boat.com will no longer have the right to assert such claim regarding the Dispute). You and Boat.com agree that (1) any arbitration will occur in Broward County Florida, (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and mediation Services (“JAMS”), which are hereby incorporated by reference, and (3) that the state or federal courts of the State of Florida and the United States, respectively, sitting in Broward County, Florida have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
- Authority of the Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
- Rules of JAMS. The rules of JAMS and additional information about JAMS are available on jamsadr.com. By agreeing to be bound by these Terms, you either (1) acknowledge and agree that you have read and understand the rules of JAMS, or (2) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
- Severability. If any term, clause or provision of this Section 20 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of terms will remain valid and enforceable. Further, the waivers set forth in this terms are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
- Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 20 by writing to: Boat.com, Inc., Attn: Boat.com Designated Agent, 771 W Atlantic Blvd Pompano Beach Florida 33060. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 21.
- Governing Law; Venue.
These Terms, your access to and use of the Boat.com Service and Materials shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to conflict of law rules or principles (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Florida and the United States, respectively, sitting in Broward County, Florida.
- Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Boat.com Service. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Boat.com for the Boat.com Service or for any other Boat.com product, feature, service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Boat.com, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
- Amendments. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email and/or by posting the amended Terms via the Boat.com Service and updating the “Last Updated” date at the top of these Terms. All amended Terms will become effective immediately on the date they are posted to the Boat.com Service unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of the Boat.com Service after such changes become effective. Your continued use of the Boat.com Service following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the Boat.com Service.
- Severability. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
- Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
- Relationship. Boat.com is an independent contractor for all purposes, and is not your agent or trustee. You are not an agent of Boat.com.
- Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Boat.com, including by operation of law or in connection with any change of control. Boat.com may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
- Headings. Headings of sections are for convenience only and will not be used to limit or construe such sections.
- Survival. Sections 16 (Disclaimer of Warranties), 17 (assumption of risk), 18 (Limitation of Liability), 19 (Indemnity), 20 (Arbitration), 21 (Governing Law; Venue), this Section 22 (Miscellaneous), and any other term that, by its nature, should survive, will survive any termination or expiration of these Terms.
- Incorporated additional Terms of Sale for Boat.com
From time to time, Boat.com may make certain services or products available thru us or a third party.
- Purchases. All Purchases are denominated in U.S. dollars and are exclusive of any applicable taxes and shipping cost.
- Payment Method. You may only pay using valid payment methods acceptable to us, as specified via the Boat.com Service. You represent and warrant that you are authorized to use the payment method you designate via the Boat.com Service. You authorize us to charge your designated payment method for the total amount of your purchase, including any applicable taxes and other charges. You authorize us to use a third-party service to update your designated payment information if it is cancelled or expires. If the payment method cannot be verified, is invalid or is otherwise not acceptable to us, your order may be suspended or cancelled.
- Cancellation Policy For Boat.com Services. TO CANCEL ANY BOAT.COM SERVICE OR ORDER, YOU MUST CONTACT US THROUGH OUR WEBSITE (WWW.BOAT.COM) AND FOLLOW THE INSTRUCTIONS IN THE EMAIL WE SEND YOU IN RESPONSE TO YOUR CANCELLATION REQUEST.
- Price Changes. BOAT.COM RESERVES THE RIGHT TO MODIFY THE PRICE OF ANY PRODUCT OR SERVICE, IN ITS SOLE DISCRETION.
- Taxes. You are responsible for any sales, duty or other governmental taxes or fees due with respect to your purchase.
- No Refunds or warranties. Except as expressly agreed upon by Boat.com, all sales of Paid Services and purchases are final and there are no refunds or warranties. Certain Items may have a Manufacturer warranty. Please check with the manufacturer directly. The manufacturer warranty is provided (if any) solely by the manufacturer not by the seller or boat.com.
- Dealer and Manufacturer Incentives and Offers
Advertisers on Boat.com may include information about special offers, incentives, or pricing programs associated with a specific product, brand, model, or vehicle (“Offers”). Boat.com is not responsible for the content of any such Offers, nor responsible for any errors or omissions in Offer contents or descriptions. Users of the site should contact the relevant advertiser for full details on any such Offers, including eligibility requirements, limitations and restrictions, and availability.
- Product Display
The Boat.com website attempts to display product images or catalogs shown on the site as accurately as possible. However, we cannot guarantee that the display you see matches the product, as the display of the product depends, in part, upon third party information.
- Errors on Our Site
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Boat.com reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Boat.com will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Boat.com Return Policy.
- Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
K. Order Acceptance/Confirmation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The boat.com website reserves the right at any time after receipt of your order to accept or decline your order for any reason.
- Return Policy
All sales made through the boat.com website are subject to boat.com’s return policy. For a complete explanation of the return policy, please see Returns in our Help section.
- Order Limitations
We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.
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