Terms and Conditions

 

Welcome to our website, Boats On The Market, and/or affiliated websites or native mobile applications (collectively referred to as “Boats On The Market”). By accessing and/or using this website, including the information, products, and services available through it, as well as submitting communications or User Content (as defined below), you agree to abide by the following terms and conditions outlined herein (the “Terms and Conditions”).


These Terms and Conditions constitute a legally binding agreement between you and Boats On The Market, its business divisions, and affiliates (“Boats On The Market,” “us,” “our,” or “we”). If you are advertising with us, you are also required to accept and comply with all terms and conditions stipulated in our Advertising Agreement. Thank you for your cooperation.


1. Terms and Conditions


You are solely responsible for safeguarding the confidentiality of your password(s), if any, assigned or used in connection with your usage of this website. Please refer to our Privacy Policy for details regarding our data collection and usage practices, among other provisions.


We retain the right to modify these Terms and Conditions, as well as our Privacy Policy, from time to time by posting such changes on this website or within the Privacy Policy section, as applicable. Any alterations, amendments, additions, or deletions shall take effect immediately upon posting, unless stated otherwise.


We will not issue separate notifications regarding changes made, regardless of their significance. Thus, we encourage you to periodically revisit and review these Terms and Conditions. This ensures that you remain informed about the terms and conditions governing your access to and usage of this website, or our handling of any User Content you've submitted. Your continued use of this website and/or submission of User Content after such changes are posted implies your acknowledgment and acceptance of said changes. This website may undergo alterations, and we reserve the right to limit access to, suspend, or terminate this website, or any part thereof, at any given time.


Furthermore, we retain the right to decline service, close accounts, and/or cancel orders at our discretion. This includes situations where we believe customer conduct violates applicable laws or poses a threat to the interests of Boats On The Market, its businesses, customers, affiliates, licensors, or licensees.


2. Intellectual Property, Licenses, and Limitations


This website and its entire content, including software, data, and information utilized for its operation—such as text, images, presentation styles, source code, embedded routines, and programs—are the rightful property of Boats On The Market, its affiliates, licensors, or licensees. They are safeguarded by global patent, copyright, trademark, and other applicable laws and treaties, including those concerning trade secrets.


We extend to you a restricted, non-exclusive right and license to access or download a single copy of the content from this website, strictly for your personal and non-commercial use, and as necessary for utilizing any services offered through this website.


This website contains specific trademarks and service marks owned by Boats On The Market, its owners, affiliates, or others. You agree not to copy, use, or infringe upon these trademarks or service marks. Moreover, you agree not to alter or remove any copyright, trademark, or other notices from any content on this website. Except as explicitly permitted within these Terms and Conditions, you are prohibited from altering, distributing, reproducing, displaying, or utilizing this website or any of its components.

  • (I) reproduction, re-transmission, or presentation in any form, either in whole or in part, of any content, programming code, images, or graphics contained within this Website is strictly prohibited without our prior express written consent;

  • (II) you may not frame, overlay, or utilize other methods to enclose or exhibit this Website, or any trademark, logo, content, or proprietary information (including images, text, page layout, or form) contained herein, alongside any third-party software or content;

  • (III) you may not employ any meta tags or "hidden text" utilizing the names or trademarks of Boats On the Market, our owners, affiliates, licensors, or licensees without our or their express written consent; and

  • (IV) you may not attempt to decompile, disassemble, reverse engineer, or uncover any source code within this Website or the services provided herein.


All rights not expressly granted to you by us in these Terms and Conditions are reserved by Boats On The Market. You acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether copyrighted or not, from this website as authorized herein.


In addition to, and not limited by, the above limitations and restrictions, you are explicitly prohibited from employing automated means (including, but not limited to, spiders, robots, crawlers, scrapers, deep-links, data-mining, data-gathering, or extraction tools, and similar methods) or any manual processes to monitor, copy, download, or access data or content from this website for any purpose.


However, a limited exception to these limitations is provided to general-purpose internet search engines and non-commercial public archives, which use such tools solely to gather information for displaying hyperlinks to this website, provided they adhere to our policies and procedures and use identifiable agents from stable IP addresses.


3. Proceed at Your Own Discretion


The material provided through this website is intended for informational purposes only. You are permitted to utilize the content, information, consumer reviews, data, and materials found on this website, as well as the products and services offered herein, solely for your personal and non-commercial use.


Prior to taking any action based on such content, information, consumer reviews, data, and materials, or purchasing any products or services available through this website, it is advisable to independently verify any pertinent facts crucial to your decision-making process.


SHOULD YOU CHOOSE TO RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU AGREE THAT YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT YOU BEAR SOLE RESPONSIBILITY FOR ANY DAMAGE OR LOSS THAT MAY RESULT FROM YOUR UTILIZATION OF ANY INFORMATION, PRODUCT, OR SERVICE.


Notwithstanding the above, in relation to any classified advertising services provided on or accessible through this website, please be aware that we do not directly sell the advertised items and are not parties to any actual transaction between sellers and buyers. Additionally, we do not guarantee or insure any advertised item, transaction completion, or process payment. We do not act as an escrow service, transfer title, warehouse, store, ship, or deliver any advertised item.


4. Your Account


For the security of website members' account information, Boats On The Market assigns each member a unique username, password, or ad ID number, as applicable. These identifiers are provided to users via email immediately upon joining this website. Only members have the ability to adjust their personal details and remove their ads as necessary.


Upon becoming a member, you are responsible for safeguarding the confidentiality of your account and password and for restricting access to your computer. You agree to accept sole responsibility for all activities that occur under your account or password.


You must promptly notify us of any unauthorized use of your account or password or any security breach you become aware of. You may be held accountable for any losses incurred by us or other users or visitors to this website due to someone else using your account or password.


To become a member of this website or to purchase products or services from our members, you must be at least eighteen (18) years old and use a debit or credit card. We reserve the right to decline service, deactivate accounts, remove or edit content, or cancel orders at our sole discretion.


5. Connections and Links


This website may include links or references to external sites that we do not administer. These links may redirect you away from our website or open an additional browser tab to allow access to third-party content. These links are provided solely as a convenience for website users and do not constitute an endorsement by Boats On The Market of the linked sites or their contents.


Boats On The Market assumes no responsibility for your interaction with these linked websites. Your access and utilization of any third-party sites linked to ours are undertaken at your own risk.


We are not liable for the content of these third-party sites and shall not be held responsible for any damages or harm arising from your engagement with such content or your use of, reliance on, or access to these external sites. We encourage you to review the specific terms of use and privacy policies of any third-party websites for further information.


6. Protections of Data


We employ a comprehensive range of physical, electronic, and managerial measures to safeguard and deter unauthorized access to, maintain the security of, and responsibly utilize the data collected online.


Despite our efforts to ensure the confidentiality of your private information obtained through your interactions with this website, it is important to acknowledge that we cannot guarantee absolute safety and security of data on the internet. For details regarding how we collect and use data, refer to our Privacy Policy.


7. Information Gathering and Utilization


Any personally identifiable information you provide through electronic communications to Boats On The Market is governed by our Privacy Policy. To better understand how we collect, use, and protect personally identifiable information and other data, please review our Privacy Policy, which is integrated into these Terms and Conditions by reference.


8. Content Contribution


You may contribute content and information, including reviews, opinions, ideas, inventions, data, materials, or other submissions (collectively referred to as "User Content"), via this website. This may occur through public forums like blogs or message boards or by submitting content via email or other electronic communication methods facilitated by Boats On The Market.


By providing User Content, you grant Boats On The Market, along with its owners, affiliates, and licensees, a royalty-free, perpetual, irrevocable, non-exclusive license to use, modify, adapt, translate, create derivative works from, publicly display, and distribute your User Content worldwide. You also authorize the use of your name in connection with your submissions, if deemed appropriate.


You affirm that you own or control all rights to the User Content, ensure its accuracy, and guarantee that it complies with these Terms and Conditions. You also ensure that it does not harm any individual or entity. Additionally, you permit other users of this website to access, view, store, or reproduce your User Content for personal use. By sharing such User Content, you waive any claims of misappropriation by Boats On The Market or its affiliates.


9. Utilization of Interaction Services and Communications


This website may include services enabling direct interaction among users, such as email services, blogs, chat rooms, and forums ("Interaction Services"). Interaction Services are expected to host diverse opinions and information from users, guests, and staff.


We do not guarantee the accuracy or endorse any content posted within these services. While we aim to foster a positive experience for all users, we retain the right to review, edit, or remove content to ensure compliance with these Terms and Conditions or other legal requirements.


By accessing this website or Interaction Services, you agree not to post or transmit any content that:

  • (I) Violates the rights of others,

  • (II) Is unlawful, defamatory, abusive, vulgar, obscene, or otherwise objectionable,

  • (III) Incites criminal behavior or civil liability,

  • (IV) Contains unauthorized advertising or solicitations.


The sender of User Content is solely responsible for its accuracy and compliance. We reserve the right to deny access to this website or Interaction Services to individuals who violate these Terms and Conditions.


10. Notice of Copyright Infringement Claims


At Boats On The Market, we respect the intellectual property rights of all copyright holders. If you believe your work has been unlawfully copied in a way that constitutes copyright infringement, please contact us.


To ensure we can process your claim efficiently, include the following information required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512:

  • (I) A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed exclusive right.

  • (II) Identification of the copyrighted work claimed to have been infringed, or, if multiple works are involved, a representative list of such works.

  • (III) Identification of the material claimed to be infringing, with sufficient detail to enable us to locate the material.

  • (IV) Information reasonably sufficient to allow us to contact you (e.g., an address, telephone number, and email address).

  • (V) A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.

  • (VI) A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.


Failure to provide sufficient information may delay the processing of your claim.


11. Breach of These Terms and Conditions


If we suspect a violation of these Terms and Conditions, we reserve the right to disclose any relevant information in our possession, including your identity. Disclosure may be necessary to investigate complaints, enforce these Terms, or initiate contact or legal action against individuals causing harm or disruption to Boats On The Market, its users, or the public.


We may disclose your information if required to:

  • (I) Comply with applicable laws, regulations, or legal processes.

  • (II) Enforce these Terms and Conditions.

  • (III) Respond to claims that your content infringes upon the rights of others.

  • (IV) Protect the rights, property, or safety of Boats On The Market, its affiliates, employees, users, or the public.


We reserve the right to revoke your access to the website without prior notice if you violate these Terms or associated policies. Any breach of these Terms constitutes an unlawful and unfair business practice, entitling us to injunctive or equitable relief without limiting other legal remedies.


12. Warranty Disclaimer


By using this website, you acknowledge and agree that all information, products, and services provided are offered on an "as is" and "as available" basis, without warranties of any kind.


Boats On The Market, its affiliates, licensors, and licensees expressly disclaim all warranties, including but not limited to:

  • (I) Implied warranties of merchantability,

  • (II) Fitness for a particular purpose

  • (III) Non-infringement of intellectual property.


We do not guarantee that the website will operate without interruptions or errors, or that any defects will be corrected. You use this website entirely at your own risk.


13. Liability Limitation


Under no circumstances shall Boats On The Market, its affiliates, licensors, or licensees be held liable for:

  • (I) Direct, indirect, incidental, special, consequential, or punitive damages.

  • (II) Loss of profits, revenue, data, or business opportunities arising from your use of the website or its content, even if advised of such possibilities.


The total aggregate liability of Boats On The Market for any claims related to your use of this website or its content shall not exceed one hundred dollars ($100).


Certain jurisdictions may not allow exclusions or limitations of liability for incidental or consequential damages. If such laws apply, these exclusions or limitations may not apply to you.


14. Release and Indemnification


By using this website, you agree to release and indemnify Boats On The Market, its affiliates, licensors, and licensees from any claims, losses, damages, or expenses, including attorney’s fees, arising from:

  • (I) Your violation of these Terms and Conditions. .

  • (II) Third-party claims regarding User Content you provide.

  • (III) Disputes between you and any third party, including transactions or interactions facilitated through the website.


If you are a California resident, you waive California Civil Code Section 1542, which states:


A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, which, if known, would have materially affected the settlement with the debtor.




Fair Winds and Following Seas,

The Boats on the Market Team

Boats on the Market – Buy and Sell Boats Online

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