Last updated on October 14, 2022
These Terms of Services (these “Terms”) set out the terms and conditions on which BoatList LLC (“BoatList”) offers you (“User” or “you”) access to and use of BoatList’s Website (as defined below), applications, products and services (collectively “Services”). These Terms apply to anyone who uses BoatList’s Services, including visitors to BoatList’s websites, Users who register for an Account (as defined below) and Buyers and Sellers (each as defined below) who use BoatList’s auction site to bid on or sell boats.
Use of the Services is limited to those persons who are eighteen (18) years of age or older, have the capacity to enter into a legally binding contract and who reside in the United States. By using the Services, you are warranting that you meet such minimum requirements. Additional requirements may apply to certain portions of the Services.
I. CHANGES TO THESE TERMS AND THE SERVICES
BoatList may modify, add to, suspend or delete these Terms, in whole or in part, at BoatList’s sole discretion, at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Website (as defined below). BoatList will provide registered users with notice of such changes if such changes are material. It is your responsibility to review any changes to these Terms and you can view the most current version of these Terms at any time by visiting this page. If you object to any of the changes to these Terms, or otherwise do not understand or agree to any of the changes to these Terms, do not use the Services. By continuing to use the Services following notice of any changes to these Terms, you agree to and are bound by these Terms as changed.
BoatList may modify, add to, suspend, or delete any aspect of the Website or any Services, in whole or in part, at BoatList’s sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to functionality and services offered, other content offered, hours of availability, and equipment needed for access or use.
II. GENERAL TERMS, ACKNOWLEDGMENTS
For purposes of these Terms, references to “Website” shall mean the website located at https://boatlist.auction and any related website provided by BoatList unless otherwise specified. “Account” shall mean the account you create through the Website and through which you may receive information from BoatList and participate in the Services and other features of the Website, such as bidding in online actions. “Seller” shall mean a User who uses the Website to sell a boat. “Buyer” shall mean a User who uses the Website to purchase a boat.
B. Prohibited Uses
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Services to do any of the following:
- attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);
- attempt to gain unauthorized access to the Services or related systems or networks (or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services);
- interfere or attempt to interfere with other users’ use of the Services (such as through a denial-of-service attack);
- impersonate or misrepresent your affiliation with any person; do anything that could disable, damage, tamper with, impair or otherwise cause interruptions to the proper working of the Services (such as overusing the Services); use any robot, spider, scraper or other automated means to access, data-mine, data-crawl, scrape or index the Services in any manner;
- send spam or any other unauthorized advertisements or solicitations through or using the Services;
- use contact or other user information obtained from the Services (including email addresses) to contact users outside of the Services without their express permission;
- attempt to harvest, collect or use addresses, phone numbers or email addresses or other contact information of users without consent from such users;
- solicit personal information (including social security numbers, credit card numbers or passwords) from users;
- create more than one Account, transfer your Account, permit a third party to access or use your Account, or create an Account for anyone other than yourself;
- use the Services to infringe upon or misappropriate BoatList’s or someone else’s trademark, copyright, or other intellectual property, or in a manner that may be tortious;
- violate any applicable international, federal, state or local laws, rules, ordinances or regulations; upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Services or on the hardware of BoatList or any third party;
- to discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- engage in activity that is libelous, offensive, harmful, obscene, pornographic or invasive of privacy or that incites, condones or encourages violence or hatred against individuals or groups; defame, abuse, stalk, threaten, intimidate, harass or otherwise violate the legal rights of any user or employee, staff or agent of BoatList;
- do anything that is fraudulent or malicious or could expose BoatList or its users to harm or liability; exchange any contact information between a Buyer and Seller prior to an auction going live; make any attempt to circumvent the auction process on the Website to complete the sale of a boat;
- directly or indirectly copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Services or BoatList Content (as defined below) unless expressly permitted by BoatList in writing;
- incorporate the Services or BoatList Content into, or stream or retransmit the Services or BoatList Content via, any hardware or software application or make the Services or any BoatList Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Services or BoatList Content with any third-party content, materials or branding; or
- authorize, permit, enable, induce or encourage any third party to do any of the above.
BoatList will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. BoatList may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that BoatList has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. BoatList reserves the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason at BoatList’s sole and exclusive discretion.
C. Accuracy, Completeness and Timeliness of Information
BoatList is not responsible if information made available through the Services is not accurate, complete or current. You acknowledge that the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge and agree that no advice or information, whether oral or written, obtained from BoatList, or through the Services, shall create any warranty not expressly stated in these Terms. You further acknowledge that any material downloaded or otherwise obtained through the use of the Services is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
D. Right of Refusal
BoatList reserves the right to refuse to provide any access to the Website and/or Services (including auction listings) and/or an Account to anyone for any reason at any time at BoatList’s sole discretion without recourse to you.
III. YOUR ACCOUNT
Use of the Services is limited to those persons who are eighteen (18) years of age or older, have the capacity to enter into a legally binding contract and who reside in the United States. In order to bid on any auctions, you must also hold (i) a valid credit card issued in your name and (ii) a driver’s license, state-issued ID or passport. You may be required to provide proof of the same upon registration. In addition to the foregoing, state-specific registration requirements and applicable laws, regulations and restrictions may further limit User registration and boat purchasing eligibility.
In order to access certain features of Services, such as bidding on boats and accessing boat listings and reports, you may be required to register as a User. Should you meet the eligibility criteria set forth above and agree with these Terms, you will be given the opportunity to register via an online registration form to create an Account, through which you may receive information from BoatList and participate in certain features of the Services. BoatList reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for maintaining the confidentiality of your Account and password. You agree to update your Account information to keep it current and accurate.
C. Account Activity
Users are responsible for all Account activity, including, without limitation, all bids submitted under the User’s username and password through the Services. A User’s Account may not be transferred or assigned to any person or entity. In the event your Account or username and password are used without authorization, you agree to immediately notify BoatList of any such unauthorized activity. You shall be responsible for all Account activity and charges incurred prior to the receipt of written notice by BoatList of such unauthorized activity.
D. Revocation of Membership
BoatList reserves the right to suspend or irrevocably revoke your Account and/or access to the Services for any reason, at BoatList’s sole and absolute discretion. Your Account and access be suspended for any reason, including but not limited to violation of these Terms or a breach of the Seller’s Agreement or Buyer’s Agreement (each as defined below). NOTE THAT YOU WILL BE PERMANENTLY BANNED FROM THE SERVICES IF YOU FAIL TO COMPLETE A CONTRACTED SALE. BoatList shall not be liable in any manner whatsoever for any revocation or suspension.
E. Marketing and Promotional Materials
Members agree and acknowledge that by registering for an Account they have affirmatively requested to receive marketing and promotional materials via email from BOATLIST. To unsubscribe from any promotional materials sent to you via email, simply follow the unsubscribe information provided at the bottom of each communication.
F. Comments on Auction Pages
Users have the option to place comments on the auction page of any boat listed on the Website. Such comments must be limited to relevant questions about the listing. You agree that any comments you make on an auction page will be (i) be limited to questions relevant to the listing rather than general or irrelevant comments; and (ii) professional and will not contain any content that is indecent, of a derogatory nature, or otherwise inappropriate. BoatList reserves the right to remove any comments or to revoke the Account of any user who violates this provision, at BoatList’s sole and absolute discretion.
G. We May Contact You
You acknowledge and agree that BoatList will have the right to periodically send electronic or printed correspondence to you, including text messages. Such correspondence may be in reference to changes in policies, promotions available to users, or other material related to your Account or access to the Services. Notwithstanding any current or prior election to opt in or opt out of receiving SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your Account, at any telephone number, or physical or electronic address you provide to us. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send a message via text. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law, for purposes of quality monitoring purposes.
IV. AUCTIONS, BIDDING AND SALES
By listing a boat for auction via the Services, Seller is automatically deemed to have agreed to the Seller’s Agreement found at boatlist.auction/seller-agreement (the “Seller’s Agreement”). If you do not agree with the terms and conditions of the Seller’s Agreement, then you are not eligible to, and you shall not, sell any boats via the Services. The Services are meant to be for a space for boat enthusiasts to list and bid on quality boats and are not meant to be used for salvages. If Seller wishes to do a reserve auction, then Seller will set a reserve price for each boat (the “Reserve Price”), and BoatList will review Seller’s suggested Reserve Price and, together with Seller, will establish the final Reserve Price, which shall be the minimum price at which the Seller’s boat may be sold. Seller may, subject to BoatList’s approval, lower that Reserve Price while the auction is live. If Seller does not list a Reserve Price, then the highest bidder will win the auction regardless of the amount of such bid. After Seller provides all the necessary information in regard to the boat to be sold, Seller will receive an email notifying Seller that the boat has been approved for sale. Before the auction takes place, Seller will be contacted by an auction specialist, who will verify all information with the Seller and arrange with Seller for photos of the boat to be displayed on the Website. Following BoatList’s approval of a listing for a boat, the auction will begin at a date and time to be determined by BoatList and will last for a period of at least ten (10) days, which such period to be extended as follows: (i) once the auction clock reaches the two-minute mark, any bid after that time extends the auction for another 2 minutes, and (ii) this repeats until no further bids are placed for one hundred twenty (120) seconds. BoatList shall notify Seller once the auction begins. If all bids received with respect to a reserve auction are below the reserve price, then BoatList may work with the Seller and potential Buyers (who must each negotiate in good faith) to facilitate a sale, provided that Seller is not obligated to consummate such a sale below the reserve price.
By bidding in an auction via the Services, a Buyer will is automatically deemed to have agreed to the Buyer’s Agreement found at boatlist.auction/buyer-agreement (the “Buyer’s Agreement”). If you do not agree with the terms and conditions of the Buyer’s Agreement, then you are not eligible to, and shall not, bid on any auctions. When a prospective Buyer desires to make a bid on a boat, the prospective Buyer will be prompted to enter their credit card information to pay the applicable bidding fees (see below for additional details on such fees). After entering such information, the prospective Buyer will be able to make a bid. After a bid has been submitted, it cannot be retracted, deleted or canceled for any reason whatsoever; therefore, you should exercise caution when placing bids. If you decide to bid on a boat that has been listed by a Seller through the Services, you acknowledge and agree that your bid constitutes the first non-binding step in expressing your interest to a Seller in the listed boat and does not in and of itself create a formal contract between you as the Buyer and such Seller.
C. Disputes Regarding Bids
Should a dispute arise regarding a bid, BoatList is the exclusive deciding authority with sole and absolute discretion in resolving such disputes. Users agree to indemnify, defend and hold BoatList harmless from any and all liability arising out of decisions made in resolving disputes regarding bids.
D. Winning Bid
Once an auction on the Website is successfully completed , BoatList will connect the Buyer and Seller so they can complete the sale of the boat directly. It is up to the Buyer and Seller to complete the sale and the process they use to consummate such sale is up to them, but hereere are our recommendations and tips for ensuring a successful post-auction transaction:
- Make Contact
- Reach out to the other party to introduce yourself as soon as the auction ends, and remember to stay polite and positive to ensure the process goes smoothly.
- We recommend that the Seller provides proof of ownership to the Buyer – usually, that’s a photocopy or picture of the title and registration.
- Trading Up
- If the Seller is trading in the auctioned boat against one being purchased from a dealer or brokerage, we recommend completing the transaction through that dealer or broker to reduce your sales tax liability and to streamline the transaction. Simply trade in your boat to the dealer, and have the winning bidder purchase your boat directly from the dealer at the winning bid price. And please discuss the tax consequences of any purchase or sale with your own advisors – BoatList does not provide tax advice to Buyers or Sellers.
- Payment & Documentation
- Buyers are expected to pay for the boat in-full within a week of the auction closing.
- If there’s an outstanding loan on the vessel, the Buyer and Seller should discuss how it will be paid off and the specific next steps so that the Buyer can complete the transaction safely.
- If the Seller has funds to pay it off, they should do so as soon as possible, and provide proof from the lender that it has been paid off.
- If the Seller does not have the funds, the Buyer may be able to pay the outstanding amount owed directly to the lender and then pay the remainder of the purchase price to the Seller. The parties should discuss the options with the lender and should not rely on BoatList’s recommendations with respect to how to handle paying off the loan.
- An accurate Bill of Sale should be created, including the terms of the transaction, to be signed by both parties; we recommend checking with your state for Bill of Sale templates and requirements.
- We recommend wire transfers or cashier’s checks for payment, but there are many possible options – including meeting at the Buyer’s/Seller’s bank to draft up a cashier’s check, withdrawing the funds directly, or completing an electronic money transfer.
- Shipping / Taking Delivery
- Arrange for the boat to be picked up and finalize the transaction. The vessel and title should only be released once the Seller has the full payment in hand.
- If the transaction is happening remotely, the Seller should mail the signed-over title to the Buyer via courier service with a tracking number once payment is in hand.
- Buyer should inspect the boat prior to taking possession of it. BoatList is not liable for the condition of the boat or for ensuring that the boat meets any descriptions set forth in the auction listing.
- Share Your Success Story
- Email the BoatList team a photo of the handoff to share your success story – we’d love to hear about it!
Note that BoatList will not share a Buyer and Seller’s contact information with each other until the Buyer and Seller have agreed on a price for the sale of a boat.
It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding sales transaction and enter into a formal contract. This contracting is outside of the scope of these Terms and the Services, neither of which bind the parties to each other. The recommendations for a smooth sales process set forth above should not be relied on by the Buyer and Seller and BoatList is not guaranteeing or representing that the sales transaction will go smoothly even if such recommendations are followed. It is up to the Buyer and Seller to determine the process for completing the sales transaction and they will not rely on BoatList’s recommendations when determining what process is best for them.
E. Auction Cancellation
BoatList reserves the right to cancel an audit in the event of fraud, material misrepresentation, or patent defect in the description of the boat or bidding information, as determined by BoatList in its sole discretion. BoatList will not be liable to any User or anyone else as a result of any auction cancellation.
F. BoatList Not Involved in Sale
BOATLIST’S SERVICES ARE PROVIDED MERELY TO ASSIST A BUYER AND SELLER WITH FACILITATING A SALE TRANSACTION. BOATLIST IS NOT A BOAT BROKER, DEALER OR TRADITIONAL AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY BOAT LISTED THROUGH THE SERVICES. BOATLIST IS NOT INVOLVED IN THE ACTUAL SALE TRANSACTION, THE SHIPPING OF THE BOAT OR THE TRANSFER OF TITLE. BOATLIST HAS NEVER: (I) HELD TITLE FOR ANY BOAST LISTED THROUGH THE SERVICES, (2) INSPECTED ANY BOAT LISTED THROUGH THE SERVICES OR (3) HAD ANY BOAT LISTED THROUGH SERVICES IN ITS LEGAL POSSESSION. All details and procedures for the actual sale of the boat, the shipping and receipt of the boat and the transfer of title are the responsibility of Seller and Buyer – under no circumstances will BoatList make arrangement for the foregoing. BoatList bears no responsibility for the inability or failure of Seller or Buyer to affect a sale transaction, ship and receive the boat and/or correctly transfer the title of any boat purchased through the Services. Buyers and Sellers hereby agree to indemnify, defend and hold harmless BoatList from any and all claims, damages, losses, liabilities, obligations, costs and expenses (including attorneys’ fees) arising from or related to any failure of the Buyer or Seller or their respective agents or representatives to properly conclude a sales transaction, ship and receive the boat or correct transfer title of the boat.
V. FEES AND PAYMENTS
A. Seller’s Fees
Seller will be charged an auction fee of $125 USD (the “Seller Fee”) at the time Seller submits a boat listing’s information for approval. If the Seller’s boat is rejected by BoatList and not able to be listed for auction via the Services, for whatever reason, BoatList will refund any Seller Fee already paid by Seller with respect to the rejected boat. Once an auction goes live, the Seller Fee becomes nonrefundable, even if the auction is terminated or suspended and/or does not result in a winning bid and/or a sales transaction. Seller will also be charged an additional fee, equal to the lesser of (i) five percent (5%) of the winning bid price or (ii) $20,000, in the event that a winning bid does not lead to a sales transaction due to Seller’s failure to remedy a Material Undisclosed Issue (as defined in the Seller’s Agreement and Buyer’s Agreement) (the “Penalty Fee”). By listing a boat for auction, Seller authorizes BoatList (and/or its payment processors) to charge Seller’s credit card on file for the Seller Fee and Penalty Fee (if applicable) and expressly agrees not to do a chargeback or request a refund from Seller’s credit card company or bank for the payment of such Seller Fee or Penalty Fee.
B. Buyer’s Fees
When a prospective Buyer enters a bid, a temporary hold (the “Hold”) in an amount equal to the lesser of (i) five percent (5%) of the prospective Buyer’s bid and (ii) $20,000 (the “Buyer Fee”) will be placed on the prospective Buyer’s credit card. In the event the prospective Buyer’s bid is exceeded by another bid and the prospective Buyer does not win the particular auction, the Hold will expire and the prospective Buyer will not be charged any fee. In the event that the prospective Buyer is the winning bidder for a particular auction, the Hold will be released, and the Buyer Fee will be charged to Buyer’s credit card by BoatList. Such Buyer’s fee is nonrefundable, even if the winning bid does not result in a purchase transaction, and Buyer expressly agrees not to do a chargeback or request a refund from Seller’s credit card company or bank for the payment of such Buyer Fee. Notwithstanding the foregoing, if the winning bid does not result in a purchase transaction due to the Seller failing to remedy Material Undisclosed Issues, then BoatList will refund the Buyer Fee to Buyer upon request.
C. BoatList Not Involved in Payment for Boats
After a prospective Buyer receives notice that the prospective Buyer has entered the winning bid for a boat, the Buyer and Seller must directly to arrange for the payment of the boat. The Buyer and Seller are responsible for consummating the sale and exchanging payment and hereby acknowledge and agree that BoatList will not assist with any exchange of payment for the boat. NOTWITHSTANDING THE FOREGOING, IF A BUYER FAILS TO ISSUE PAYMENT FOR A PURCHASED BOAT WITHIN THE ALLOTTED TIME AGREED ON WITH THE BUYER, OR IF THE SELLER FAILS TO SELL THE BOAT FOR THE AGREED-ON SALE PRICE, THE FAILING BUYER OR SELLER, AS APPLICABLE, WILL BE BANNED FROM THE SERVICES PERMANENTLY ONCE BOATLIST BECOMES AWARE OF SUCH FAILURE.
D. Payment of Sales Tax
Buyer is solely responsible for paying any applicable sales tax for a boat purchased through the Services. Buyer agrees that BoatList is not responsible for notifying Buyer of any particular sales tax and that BoatList shall not be liable for any penalty incurred by Buyer for failure to pay any applicable sales tax or any other applicable local, state, or federal charge.
E. Authorization to Collect, Unpaid Fees
You hereby authorize BoatList (and/or its payment processors) to debit any and all outstanding fees from the account linked to your original form of payment without seeking your prior consent or approval or otherwise notifying you of BoatList’s intent to so debit said fees. You agree to the following statement: “I hereby authorize BoatList (and/or its payment processors) to initiate debit/credit entries from my bank deposit account or credit/debit card for any outstanding fees owed to BoatList.”
F. Fee Dispute
Unless otherwise expressly specified herein, no fees shall be refundable to you for any reason whatsoever. Should you object to the payment of any fee, you agree to write to BoatList, using the contact information on the Website, so that BoatList may determine the validity of your claim. Should BoatList deny refunding you the disputed fee, you agree to submit the claim to binding arbitration pursuant to the provisions of Section IX.C below. You agree to indemnify BoatList for, and hold BoatList harmless from, any damages, losses, claims, liability or expenses (including attorney’s fees) that arise from or relate to any fee dispute of any kind.
VI. DISCLAIMERS, LIMITATIONS OF LIABILITY
A. The Services.
THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND BOATLIST (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
BOATLIST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BOATLIST WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. BOATLIST CANNOT ENSURE THAT A BUYER OR SELLER YOU ARE DEALING WITH WILL ACTUALLY COMPETE THE TRANSACTION OR HAS AUTHORIZATION TO DO SO.
AS PART OF THE SERVICES, BOATLIST MAY ASSIST SELLERS IN THE CREATION OF THEIR LISTINGS (INCLUDING THE CONTENT OF SUCH LISTING) BUT IT REMAINS EACH SELLER’S RESPONSIBILITY TO MAKE SURE THAT ITS LISTINGS ARE ACCURATE. WHILE WE TRY TO MAKE SURE THAT ALL INFORMATION (INCLUDING PRICES) ABOUT A BOAT MADE AVAILABLE ON OR THROUGH THE SERVICES BY A SELLER ARE COMMUNICATED ACCURATELY, WE ARE NOT RESPONSIBLE FOR ERRORS (INCLUDING TYPOGRAPHICAL) THAT MAY APPEAR ON THE SERVICES (INCLUDING IN ANY LISTINGS). IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE PRICE, AVAILABILITY, DESCRIPTION OR CONDITION OF A BOAT DUE TO AN ERROR (INCLUDING TYPOGRAPHICAL), BOATLIST IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY UPON BECOMING AWARE OF IT. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR VEHICLES OR OTHER PRODUCTS AND SERVICES LISTED WITH INCORRECT, INCOMPLETE OR MISLEADING INFORMATION.
DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. BOATLIST ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT (AS DEFINED BELOW). YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. BOATLIST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT MADE AVAILABLE THROUGH THE SERVICES OR ANY ONLINE SERVICES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL BOATLIST BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES, OR CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. YOU USE THE SERVICES AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. No Boat Warranties
ALL WARRANTIES (IF ANY) REGARDING ANY BOATS LISTED THROUGH THE SERVICES WILL BE OFFERED BY THE SELLER. IT IS THE BUYER’S RESPONSIBILITY TO VERIFY WHETHER A BOAT HAS ANY WARRANTY. BOATLIST DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES REGARDING BOATS SOLD THROUGH THE SERVICES, INCLUDING BUT NOT LIMINTED TO REPRESENTATIONS AND WARRANTIES REGARDING THE CONDITION, HISTORY AND OPERATIBLITY OF THE BOATS AND WHETHER OR NOT THE BOATS MEET ANY FEDERAL, STATE OR LOCAL EMISSIONS AND/OR SAFETY REQUIREMENTS. IT IS THE SOLE RESPONSIBILITY OF BUYER TO ASCERTAIN, CONFIRM, RESEARCH, INSPECT AND/OR INVESTIGATE BOATSAND ANY AND ALL BOAT INFORMATION PRIOR TO BIDDING ON BOATS.
BOATLIST EXPRESSLY DISCLAIMS THE ACCURACY OR COMPLETENESS OF ANY AND ALL INFORMATION PROVIDED VIA THE SERVICES REGARDING BOATS, WHETHER PROVIDED IN WRITTEN, VERBAL OR DIGITAL IMAGE FORM (“BOAT INFORMATION”). BOAT INFORMATION PROVIDED BY BOATLIST IS FOR CONVENIENCE ONLY. USERS SHOULD NOT RELY ON BOAT INFORMATION IN DECIDING WHETHER OR HOW MUCH TO BID ON A BOAT PURCHASED THROUGH SERVICES. BOAT INFORMATION INCLUDES BUT IS NOT LIMITED TO: PHOTOS AND VIDEOS OF THE BOAT, YEAR, MAKE, MODEL, CONDITION, DAMAGE AMOUNT, DAMAGE TYPE, DRIVABILITY, ACCESSORIES, MILEAGE, ODOMETER DISCLOSURES, HULL ID, TITLE, REPAIR COST, REPAIR/SERVICE HISTORY AND TITLE HISTORY A.
BOATS MAY HAVE LATENT, HIDDEN, OR UNDISCLOSED DAMAGE OR OTHER CONDITIONS THAT ARE NOT IMMEDIATELY APPARENT OR DISCOVERABLE. THE BOATS MAY NOT BE FIT FOR USE AS A MEANS OF TRANSPORTATION AND MAY REQUIRE SUBSTANTIAL REPAIRS AT BUYER’S EXPENSE. IT IS THE SOLE RESPONSIBILITY OF BUYER TO ASCERTAIN, CONFIRM, RESEARCH, INSPECT AND/OR INVESTIGATE BOATS AND ANY AND ALL BOAT INFORMATION PRIOR TO BIDDING ON BOATS.
C. Registration Laws and Paperwork Disclaimers
BoatList does not guarantee that any boat sold can be legally registered in any state or country, and Buyer accepts all risks associated with variations in boat title and registration laws between states, provinces and countries that may negatively impact the marketability of boats purchased through BoatList. In addition, BoatList shall not be responsible for defects, errors, or omissions in any paperwork from any governmental department or agency related to any boat listed via the Services.
D. General Indemnification of BoatList
For the purposes of this section, “Loss” means any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including interest which may be imposed in connection therewith), expenses of investigation, reasonable fees, costs and disbursements of attorneys, counsel, and other experts (at trial and on any appeal). To the maximum extent permitted by law, you hereby agree to defend, indemnify and hold harmless BoatList and its affiliates, sublicensees, members, directors, officers, employees, representatives, agents, and any person claiming by or through any of them, and their respective successors, heirs, and assigns, against any and all Losses arising out of, resulting from, or related to any of the foregoing:
- your failure or refusal to strictly comply with these Terms and any and all of BoatList’s rules and policies;
- your failure or refusal to keep your Account login information confidential; the termination or suspension of your Account by BoatList;
- your cancelation of your Account;
- the postponement, cancelation or withdrawal of any boat auction on the Services;
- your failure or refusal to pay any amount due in a timely manner and BoatList’s decision to charge your credit card to pay any unpaid fees;
- your failure or refusal to know the type and amount of applicable fees and charges (including auction fees and other applicable fees and charges related to your use of the Services);
- BoatList’s refusal to issue you a refund for any reason;
- the negotiation or commencement of a sales transaction between a Buyer and Seller;
- the shipping/transport of a boat between Buyer and Seller;
- any problem, discrepancy or damage with or to the condition of any boat, regardless of cause; Seller’s refusal to release any boat or boat title or ownership documents or otherwise successfully transfer possession or ownership of any boat to Buyer for any reason;
- Seller’s election to relist a purchased boat after Buyer fails to make payment for the boat within the time specified;
- the use of or inability to use any boat purchased through the Services your use of any service provided by any third party; and
- BoatList’s denial or rejection of any request or demand by you that does not comply with these Terms.
F. Limitation of Damages
IN NO EVENT SHALL WE (AND OUR AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND OUR AND THEIR RESPECTIVE LICENSORS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THESE TERMS, THE BOATLIST CONTENT OR THE SERVICES, UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY, DAMAGES OR FOR LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOATLIST IS NOT LIABLE, AND YOU AGREE NOT TO HOLD BOATLIST RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF, OR YOUR INABILITY TO USE OR ACCESS THE SERVICES; (2) DELAYS OR DISRUPTIONS IN THE USE OR ACCESS TO THE SERVICES; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR USING THE SERVICES; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE SERVICES; (5) ACTIONS, OR INACTIONS OF OTHER USERS; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT; (7) ANY USER CONTENT; (8) THIRD-PARTY SERVICES AND ADS (AS DEFINED BELOW); OR (9) YOUR NEED TO MODIFY THE INFORMATION YOU PROVIDE OR YOUR BEHAVIOR AS A RESULT OF CHANGES TO THESE TERMS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SERVICES, BOATLIST CONTENT AND/OR THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) AMOUNTS YOU’VE PAID BOATLIST UNDER THESE TERMS IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT NEITHER OUR AFFILATES, SERVICE PROVIDERS OR PARTNERS NOR THEIR RESPECTIVE LICENSORS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS WILL HAVE ANY LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
VII. INTELLECTUAL PROPERTY AND INFORMATION
A. Ownership of the Services and Content
A used herein, “BoatList Content” means all information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics and interactive features generated, provided, or otherwise made available through or in connection with the Services that is derived in whole or in part from content or materials supplied and owned by BoatList or its licensors (other than User Content). As between BoatList and you, BoatList owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Services and BoatList Content. No implied licenses or rights are granted by BoatList and the only rights and licenses granted with respect to BoatList’s intellectual property are as expressly set forth in these Terms.
B. User-Content and User Interactions
“User Content” means any and all information and content that a user submits to the Services or otherwise provided by you to BoatList (e.g., photos, audio, video, messages, text, files, or other content you provide us, including any listings that appear on the Services (regardless of any role that BoatList has in assisting with the creation of such listing) and questions and answers about listings submitted via the Services), except any Feedback (as defined below). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by BoatList. You alone are responsible for your User Content (including backing up your data). Under no circumstance will BoatList be liable for any User Content, including any inaccuracy or defect therein.
You hereby grant, and you represent and warrant that you have the right to grant, to BoatList an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users of the Services are solely between you and such user, and BoatList shall have no liability for your interactions with other users, or for any user’s action or inaction. You agree that BoatList will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Services, we are under no obligation to become involved. We are not a party to any boat sale contract between any Buyer and Seller that originates on or through the Services and you are solely responsible for any of your interactions with other users (including transacting for a purchase of a boat). Additionally, you acknowledge that other users may post comments about your User Content which may be derogatory, and BoatList has no obligation to monitor or delete any such User Content. BoatList may remove or modify any User Content without notice or liability at any time in BoatList’s sole discretion. We reserve the right, but have no obligation, to monitor disputes between you and other users.
BoatList may allow you to submit information through forms and other manners in connection with obtaining customer support from BoatList, completing surveys for BoatList, providing feedback to BoatList and/or otherwise communicating with BoatList(collectively, the “Feedback”). For the sake of clarity, Feedback does not include any User Content. You grant BoatList a nonexclusive, royalty-free, perpetual, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the Feedback for troubleshooting, marketing, product development and any other commercial or non-commercial purpose in BoatList’s sole discretion, without payment or compensation to you of any kind. You represent and warrant that you own or otherwise control all of the rights to the Feedback that you provide to BoatList and such Feedback does not misappropriate or infringe any third-party’s rights.
If you are a copyright owner or a direct agent thereof and believe that any content in the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent at the following address with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1801 NE 123rd Street, Suite 314
North Miami, FL 33181
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the material claimed to have been infringed, and enough pertinent information about the location of the material to enable us to locate it within the site;
- your contact information such as an address, telephone number, and, if available, an e-mail address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E. Disclosure of Information
Each User expressly agrees that BoatList may, if and to the extent necessary to comply with applicable law, disclose information regarding its users and regarding transactions conducted by users through the Services if requested to do so in any judicial or administrative proceeding or by any governmental agency or regulatory authority (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand, or otherwise).
VIII. TERM AND TERMINATION
These Terms will remain in full force and effect while you are a user of the Services. BoatList reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling or terminating your Account and/or your access to and ability to use the Services, at any time for any or no reason and without any notice. You may terminate these Terms as they apply to you by ceasing all use of the Services and deleting your Account. All sections which by their nature should survive the expiration or termination of these Terms (including Sections VI and VII) shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms.
Termination, suspension, or cancellation of these Terms or your access rights to the Services shall not affect any right or relief to which BoatList may be entitled, at law or in equity. All rights granted by you to BoatList shall survive in perpetuity.
A. Third Party Services and Ads
The Services might contain links to third-party websites, apps or other services (e.g., social media platforms), and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services and Ads are not under the control of BoatList and BoatList is not responsible for any Third-Party Services and Ads. BoatList provides these Third-Party Services and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy policies.
B. Governing Law
These Terms shall be governed by the laws of the State of Florida without reference to the principles of conflicts of law. The United Nations Convention on the International Sale of Goods shall not apply to these Terms or the Services.
C. Binding Arbitration
Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and BoatList arising under or related in any way to these Terms (a “Claim”) must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Services.
YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BOATLIST ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND BOATLIST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and BoatList must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following location: Miami, FL. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Miami, Florida. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Miami, FL.
D. Attorney Fees
Except as specifically provided under these Terms, the AAA rules, or by applicable law, the parties acknowledge and agree that (a) each party shall bear its own costs, expenses, and attorneys’ fees incurred in connection with any Claim, and (b) any right to an award of costs and expenses (including attorneys’ fees) under Section IX.C or elsewhere in these Terms is limited to the specific circumstances set forth under such section and is not intended to provide any party with a general right to an award of costs and expenses (including attorneys’ fees), even if such party is the “prevailing party” in connection with any Claim.
If any term or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their best efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term or provision.
No failure or delay by either party in exercising any right under the Terms will constitute a waiver of that right. No waiver under the Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
You may not assign any of your rights or delegate your obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of BoatList (not to be unreasonably withheld). We may assign these Terms (including all terms and conditions incorporated herein by reference) without your consent.
H. Notice to California Users
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
I. Entire Agreement; Interpretation
Except as otherwise set forth herein, all notices under the Terms will be by email, although we may instead choose to provide notice to users through the Services. Notices to BoatList should be sent to email@example.com. A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Services.