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Terms & Conditions

BoatGalaxy.com Website and services are offered to you conditioned on your acceptance without modification of the following terms and conditions (“Terms of Use”). Your use of this Website, or submission of requests via Web form, email, telephone, live chat, or any other means, constitutes your agreement to all such terms and conditions in effect at such time. We may amend these Terms of Use at any time by posting a revised version of these Terms of Use on BoatGalaxy.com. These Terms of Use were 06-16-2016.

General Provisions

The material that appears on BoatGalaxy.com is for information purposes only. Despite our best efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing a boat or any other goods or services you read about on BoatGalaxy.com, you should confirm with the dealer, vendor, seller, service provider, or other content provider, any information that is important to your purchasing decision.

Disclaimer

TO THE FULLNESS EXTEND PERMISSIBLE BY LAW. BOATGALAXY.COMIS NOT RESPONSIBLE FOR, AND DOES NOT GUARANTEE, THE ACCURACY OF ANY INFORMATION OR PERFORMANCE OF ANY SUCH VESSELS, GOODS, OR SERVICES DISPLAYED ON OR THROUGH OUR SITE. BOATGALAXY.COM DOES NOT EVOLUTE OR EDIT THE SUITABILITY OF THE CONTENT OF ITS WEB SITE FOR ANY PURPOSE. ALL CONTENT IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. ALL MANUFACTURERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL BOATGALAXY.COM BE LIABLE FOR ANY , INDIRECT, OR DIRECTLY CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF THE CONTENT ON THIS SITE, WE ARE NOT RESPONSIBLE FOR, DAMAGES RELATING TO THE LOSS OF USE, DATA OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTIONS. BOATGALAXY.COM HAS TRIED TO BE AS ACCURATE, COMPLETE AND CURRENT AS POSSIBLE, BOATGALAXY.COM DOES NOT WARRANT THAT THE CONTENT OF ITS WEB SITE IS ACCURATE, COMPLETE OR CURRENT. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. IT IS YOUR RESPONSIBILITY OF SELLER & BUYER TO VERIFY ANY INFORMATION BEFORE RELYING ON IT.TO THE FULLNESS EXTEND PERMISSIBLE BY LAW.

If you find any material on our Website that you believe to be inaccurate, offensive, or misrepresentative, please forward a copy to our [email protected]BoatGalaxy.com coupled with an explanation of your objection.

  1. Services

BoatGalaxy.com is not a dealer, broker, agent, service provider, technician,transportation company, importer, exporter, bank, insurance company, or other legal or licensed entity that directly performs work, on or for, marine vessels or other recreational vehicles. The Website is a venue where buyers, sellers, and owners of boats can connect, communicate, gather information,and initiate transactions. BoatGalaxy.com is not involved in the actual transaction between buyers, sellers, service providers, and owners, as a result, we have no control over the quality, safety, or legal aspects of the transactions that were either initiated or take place through our Website. BoatGalaxy.com does not prequalify or validate the claims of service providers, dealers, sellers, or individuals, including with respect to their qualifications, licensure, insurance and registration. We and our Website function solely as a neutral venue where two parties may connect for a particular type of service. You acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, we cannot in any manner verify or confirm the identity or ability of customers to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by BoatGalaxy.com and are solely between you and the other user. Because BoatGalaxy.com is not involved in the actual transaction between buyers and sellers or service providers, we have no control over the accuracy of listings, the ability of service providers to provide the actual service represented, or the ability of buyers to purchase goods or services. We cannot guarantee that a buyer will complete a purchase.

 

  1. Connecting Boat Sellers and Boat Buyers

1) BoatGalaxy.com is a boat listing and information service that connects boat buyers with boat sellers. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on BoatGalaxy.com often exclude tax, finance charges, title, or other fees, all of which may be added to the advertised price. We can’t verify the seller’s information or guarantee the boat they offer.

2) Responsibility for the information contained in each listing lies with the seller.

3) Listings may be screened before being posted publicly. We may also screen email messages sent to sellers. This process may delay the display of your listing or inquiry.

4) When you offer a vessel for sale through BoatGalaxy.com, you must have possession of the actual vessel listed and the ability to transfer title.

5) Only one vessel may be listed per ad purchased regardless of ad duration. For this reason, you cannot edit your vessel’s Year, Make, or Hull ID Number (HIN #) once you’ve purchased your ad.

6) Individuals who seek to list more than three (3) vessels on the BoatGalaxy.com Website simultaneously, as well as all dealers and brokers, must advertise their boats using our dealer advertising packages. Visit our Broker page (link) for more details.

7) As a seller, you agree to pay the fees specified for the ad package you select, regardless of whether your vessel sells as a result of the listing. Listing fees are non-refundable, even if you provide erroneous information or fail to sell your vessel.

INFORMATION YOU PROVIDE TO US

When using BoatGalaxy.com services, you will be prompted to disclose certain information about yourself and your service requirements. Some of this information will be sent to service providers who will need this information to respond to you in connection with your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by service providers and sellers at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” lists.

 

  1. Your Use of the BoatGalaxy.com Services

You agree that your use of BoatGalaxy.com is for your personal use and not for commercial purposes. You may not use the BoatGalaxy.com Website or services to recreate or compete with BoatGalaxy.com, to solicit or harass BoatGalaxy.com service providers, or for any other purpose. We reserve the right to revoke your access to the BoatGalaxy.com Website and services at any time.

 

  1. User Generated Content

You have the ability to interact with the Website and other users by listing vessels for sale, posting comments, offering ratings and feedback, engaging in discussions, participating in , uploading photos, call of which is referred to as “User Generated Content”. To post User Generated Content on the Website, you must first complete the Website registration process to create an account with an email address and password (the “Account”). You agree to be liable for any User Generated Content posted using your Account and for any transactions associated with your Account.

  1. Representations and Warranties

By submitting or posting any of your content, you warrant and represent that:

  1. You own all rights to your User Generated Content or you have acquired all necessary rights to your User Generated Content to enable you to grant to BoatGalaxy.com the rights to the posting of your content / boat
  2. You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use of commercial transaction of Content: Boat
  3. Your User Generated Content is not defamatory in nature, and does not infringe upon the intellectual
    property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
  4. You fully disclose if you are a direct competitor of another author or another posting user, or otherwise have an adverse intent posting to the author or another posting user;
  5. You will not stalk, threaten, or harass users or other users or infringe upon, invade or attempt to infringe upon or invade their privacy
  6. You will not post any information or material which may constitute or encourage conduct that violates any applicable law.

 

  1. Ownership of Rights for User Generated Content; License Rights

You grant BoatGalaxy.com a worldwide, royalty-free, freely transferable, freely sublicensable, non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display, and create derivative works of the User Generated Content, in any form, media, or technology now known or later developed. You agree that we may display your User Generated Content and your user name or actual name along with your User Generated Content. You retain ownership of your copyrights and other intellectual property and proprietary rights in any User Generated Content you post, subject to the non-exclusive rights you grant to us as described herein.

 

  1. Prohibited Content

You agree not to submit or post to the Website any content that is or could appear to be: Infringing upon a the rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any kind of BoatGalaxy.com’s customers; Of a type that you do not have a right to transmit such as inside, proprietary, or confidential information; Undisclosed, and unsolicited, or unauthorized advertising; Untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; Software viruses, computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; Data or information acquired in an unauthorized way, of which the posting would constitute unauthorized use; In violation of any applicable local, state, national or international law or statute.

 

  1. Prohibited Conduct

You agree not to do, or attempt to do, any of the following:

  1. Access or use the Website in any way that violates or is not in full compliance with any applicable local, state, national or international law;
  2. Access, tamper with, or use areas of the Website that you are not authorized to access;
  3. Change or alter information on or obtained from the Website;
  4. Tamper with postings, profiles, submissions, or User Generated Content of other users;
  5. An automated means such as a Spider or Scraper to access or extract data from the site or transmit any unsolicited advertising, junk mail, spam, or chain letters;
  6. Take any part of the Website, or link to the Website, or otherwise make it look like you have a relationship with us or that we have endorsed you or your Content;
  7. Impersonate or misrepresent your affiliation with any entity or person;
  8. Reverse engineer any aspect of the Website or do anything that might discover source code, or circumvent measures employed to restrict access to any area, content or code of the Website;
  9. Send or post harmful, illegal, deceptive or disruptive code such as a virus, spyware, ad-ware or other code that could adversely impact the Website or any recipient; or
  10. Take any action which might impose a significant burden on the Website’s infrastructure, computer systems, or otherwise interfere with the ordinary operation of the Website.

 

  1. Monitoring Your Content

While we strive to maintain high standards, we are under no obligation to regularly monitor the accuracy or reliability of Customer Content appearing on the Website. We reserve the right to modify or remove any Customer Content at any time, if it violates the terms of use. BoatGalaxy.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Website. Any opinions, advice, statements, services, offers, or User Generated Content expressed by third parties, are those of the respective author(s) and not of BoatGalaxy.com .

 

  1. Protection of Website Content

Our Website is protected by intellectual property laws. BoatGalaxy.com grants you a limited, revocable, non-transferable, non-sub-licensable, non-exclusive license, under the rights BoatGalaxy.com has in the content on the Website, to privately display and perform the Website on your computer or mobile device for your own personal, non-commercial purposes. BoatGalaxy.com reserves all other rights in the content on the Website, on its own behalf and the behalf of its licensors, and BoatGalaxy.com does not, directly or by implication, grant any other rights or licenses to you under these Terms of Use. YOU MAY NOT REPRODUCE, DISTRIBUTE, MODIFY, PUBLICLY PERFORM OR DISPLAY, OR PREPARE DERIVATIVE WORKS OF ANY CONTENT ON THE WEBSITE WITHOUT PRIOR WRITTEN CONSENT FROM BOATGALAXY.COM OR THE THIRD-PARTY OWNER OF THE RIGHTS IN THAT USER GENERATED CONTENT.

 

  1. Copyright Infringements

If you believe that your work has been made accessible on the Website in a way that constitutes copyright infringement, please notify us in writing by providing the following information:

(1). Identification of the copyrighted work that you claim has been infringed;

(2). Identification of the material on the Website that is claimed to be infringing and information sufficient to permit BoatGalaxy.com to locate the material (providing a URL to the material for example);

(3). The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;

(4). Your name, address, telephone number, and email address;

(5). A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(6). A statement that the information in your notification is accurate and a statement made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

  1. Links to 3rd Party Sites

BoatGalaxy.com links to other Websites that we don’t operate where you can obtain boat related products and services. We cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these third party service providers. BoatGalaxy.com is not responsible for the products or services that these service providers deliver. You release BoatGalaxy.com from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.

 

  1. Indemnification

As a condition of your access to and use of the Website and services, you agree to hold BoatGalaxy.com , its parent, subsidiary or affiliated companies, its employees, officers, directors, or shareholders harmless and indemnify them for, all damages, costs, expenses and other liabilities relating to any claim arising out of or related to: (1) your access to and use of the Website and the content therein; (2) your violation of these Terms of Use, and any applicable law or the rights of another person or party; (3) any dispute you have or claim to have with one or more users of the Website; (4) BoatGalaxy.com ‘s resolution of any dispute you have or claim to have with one or more users of the Website; (5) your improper authorization for BoatGalaxy.com to collect, use or disclose any data or User Generated Content provided by you; and (6) any disclosures made with your permission. Furthermore, you fully understand and agree that: (7) BoatGalaxy.com will have the right but not the obligation to resolve disputes between users relating to the Website and BoatGalaxy.com ‘s resolution of a particular dispute does not: (a) create an obligation to resolve any other dispute; and (b) BoatGalaxy.com ‘s resolution of a dispute will be final with respect to the Website.

 

  1. Other Provisions

You agree that the BoatGalaxy.com services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and BoatGalaxy.com ‘s sole obligation to you or any third party for any claim arising out of your use of the BoatGalaxy.com services or the BoatGalaxy.com Website, is that you are free to discontinue use of the BoatGalaxy.com services or Website at any time. The Terms of Use will inure to the benefit of BoatGalaxy.com ‘s successors, assigns affiliates, and licensees. If any provision of these Terms of Use shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforce ability of the remaining terms. The failure of BoatGalaxy.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the BoatGalaxy.com services or the Terms of Use must be filed within thirty (30) days after such claim or cause of action arose. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use are governed by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely in the State of Florida and between Florida residents. You agree to submit to jurisdiction in Florida and that any claim arising out of or related to these Terms of Use will be by arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.