Terms Of Service
LAST UPDATED: October 15, 2021
These Terms shall be binding on all those who access, visit and/or use the Boatzon Service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise (collectively, "you" or "your").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION WITH OPTING OUT INSTRUCTIONS, AND CLASS ACTION WAIVER PROVISIONS, WHICH MAY AFFECT YOUR CHOICE OF HOW TO RESOLVE ANY DISPUTE WITH BOATZON.
BY ACCESSING, VISITING OR USING OUR WEBSITE, APPLICATIONS OR OTHER PRODUCTS OR SERVICES, EACH USER AGREES TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO EACH AND ALL OF THESE TERMS, YOUR ACCESS TO THE BOATZON SERVICES IS UNAUTHORIZED AND YOU MUST CEASE USE IMMEDIATELY.
YOU ACKNOWLEDGE AND AGREE THAT UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON PRESENTS CERTAIN RISKS, AS FURTHER PROVIDED IN SECTION 16 HEREIN.
We may from time to time update these Terms or include additional terms that may apply to particular features related to the Boatzon Service. The most current version of these TOU can be accessed by clicking here. You hereby acknowledge and agree that such updated and additional terms become a part of this Agreement if you continue using the Boatzon Service. If we make material changes to these Terms, we will notify you by email, by posting notice on the Boatzon Service, and/or by other method prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you.
If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Boatzon Service, whether listed in this TOU or otherwise communicated, we may, at our sole and unfettered discretion, terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Boatzon Service or any Service of which it is comprised. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.
1. Intellectual Property Rights/LICENSE.
All content, materials, information, functionality and other materials displayed, performed, contained or available on or through the Boatzon Service, including, without limitation, all logos, 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 Boatzon or its affiliates or licensors, and are protected by U.S. and international copyright laws, trademark 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 (a) access and use the Boatzon Service, (b) cause the Materials to be displayed from a computer and/or mobile device and (c) use the Materials, solely as permitted under these Terms (the “License”). Boatzon 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 Boatzon Service or the Materials, except for as provided in this Agreement. You are prohibited from otherwise, transmitting, copying, distributing, selling, reproducing, resell, de-compile, reverse engineer, disassemble, modify, publish, license, 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 Boatzon 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 Boatzon 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 Boatzon Service. The Boatzon trademarks and service marks, logos, and slogans, and Boatzon.com are the property of Boatzon Holdings, LLC, and cannot be copied or used without prior our written consent.
THE BOATZON SERVICE IS NOT TARGETED TOWARDS, NOR INTENDED FOR USE BY, ANYONE UNDER THE AGE OF FOURTEEN (14). Users between the ages of fourteen (14) and eighteen (18) may use the Boatzon Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms. You represent and warrant that you: (a) have not previously been suspended or removed from using the Boatzon 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 Boatzon Service on behalf of a legal entity, you further represent and warrant that (d) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (e) you are duly authorized by such legal entity to act on its behalf.
3. Account Registration and Security Responsibilities
You may be required to create a Boatzon Account (an “Account”), and/or a seller payment account (“Stripe Account”) with Stripe, Inc. (“Stripe”) in order to access certain features of the Boatzon Service. In so doing, you will be required provide certain information (“Registration Data”) and answer all questions or fields labelled “required.” You hereby acknowledge such and agree to: (a) provide true, accurate, current, and complete information about you as prompted during the registration process for any our Service, and to maintain and update the information, when necessary, to keep it accurate; (b) maintain the security of your Account and the Stripe Account, including by maintaining the security and confidentiality of your login credentials; and (c) consent to allow us to contact you from time to time for any and all reasonable business purposes, including, without limitation confirming some or all of your Registration Data, to conduct research and to resolve disputes.
4. Communications to You
The communications between you and us usually use electronic means, whether you access, visit, or use the Boatzon Service, send us messages, or whether we post notices on the Service or communicate with you via messaging. For contractual purposes, you (i) agree that Boatzon may provide you with communications in electronic form; and agree that all such communications, including without limitation, notices, disclosures, and other documents that we provide to you electronically shall be treated legally as if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.
You acknowledge and agree that by providing your phone number, Boatzon, or Boatzon's authorized representatives, including, but not limited to Boatzon Insurance L.L.C, partner banks, financial institutions, partner insurance carriers, and partner extended service or warranty carriers, may call and/or send text messages (including by using equipment to automatically dial telephone numbers) about your interest in a purchase, for marketing/sales purposes, or for any other servicing or informational purpose related to your account. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with Boatzon or made through the Boatzon Service may be monitored and recorded for quality purposes.
You understand and agree that joining the Boatzon Service may include receiving certain communications from us, including, without limitation, messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Boatzon Service.
5. AUTHORIZED AND UNAUTHORIZED USE
i. Content and Listings
o Certain photos, images, text, music, audio, videos, podcasts, ringtones, games, graphics, or software (Boatzon Content) may be made available to you on or through the Boatzon Service for download, installation, and/or streaming on your computer, mobile or other device, as well as via Real Simple Syndication (RSS) or another web feed format. Such content is subject to the same terms, conditions, limitations, and restrictions applicable to all content provided by us, our licensors, vendors and/or service providers. You agree to use the Boatzon Content only to the extent expressly authorized and may not use such Content in a manner that exceeds such authorization. The views or opinions expressed by third parties do not necessarily represent the views of Boatzon, its officers, directors, or business affiliates.
o Vessel listings, engine listings, trailer listings, and all other product listings and descriptions on the Boatzon Service are for informational purposes only and Boatzon does not guarantee the accuracy of such information.All listings are subject to prior sale and may not be available in your area when you are ready to purchase. You agree that any reliance on the listings and descriptions on the Boatzon Service is at your own risk.
o Boatzon is under no obligation to finance, sell, or lease a vessel, engine, trailer, or product to you. In addition, despite our best efforts, it is possible that listings or other items on our website may be mispriced. If the correct price of a vessel, engine, trailer, or other item is higher than our stated price, we will, at our sole discretion, either contact you for instructions before delivery or pickup of the listing or cancel your purchase and notify you of such cancellation.
o Ratings Platform users including Purchasers, Sellers and merchants may from time to time be able to rate and provide feedback on any specific boat, engine, trailer, or other product, with such rating and feedback made visible. Boatzon shall, at its sole discretion, determine a minimum average rating for sellers. Also at its sole discretion, Boatzon may suspend or terminate access to Sellers that don’t meet such minimum average ratings.
ii. Unauthorized Use You hereby acknowledge and agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort while using, visiting, or accessing the Boatzon Service, including, without limitation, not doing and not permitting any third party to do any of the following:
o commit violation of the Boatzon Posting and Community Guidelines;
o copy, harvest, crawl, index, scrape, spider, mine, collect, extract, compile, decompile, obtain, aggregate, capture, or store any Boatzon Content or any User Content, including without limitation source or object code, text, photos, images, audio and video files, data, software, analysis, formulas, algorithms, statistics or any other information available on or through the Boatzon Service by manual means, automated means process or in any other way, if we have taken steps to restrict, prohibit, or otherwise prevent you from doing so;
o duplicate, reproduce, copy alter, amend, adapt, edit, enhance, crop, translate, improve, reformat, rearrange, remix, or create derivatives works, recreating the source code from, or in any way trying to probe, test, hack, or otherwise bypass any safeguards against the unauthorized reproduction or distribution of the Boatzon Content and User Content;
o transmit or otherwise make accessible any content containing any software, program, code, virus (including, without limitation worms, trojan horse, easter eff, time bomb, spyware) intended to disrupt, highjack, damage, or restrict the operation of any computer software, hardware, or telecommunications device;
o transmit unsolicited commercial content;
o obscure or disable any advertisements that appear on or through the Boatzon Service;
o use the Boatzon Service to advertise, market or sell any goods or services listed in our Prohibited Items Guidelines;
o develop or operate any third-party application that interacts with the Boatzon Services without Boatzon’s express authorization;
o use the Boatzon Service in any manner that could damage, disable, overburden, or otherwise impair the Boatzon Service (or the networks connected to the Boatzon Service);
o attempt to obtain other users’ account information or otherwise disrupt or interfere with their use of the Boatzon Service;
o create Boatzon Accounts on behalf of anyone other than yourself or create multiple accounts for yourself unless otherwise expressly authorized by us;
o provide false information while setting up your Boatzon or Stripe account;
o post, make available or otherwise transmit content that Boatzon determines, at its sole discretion to be deceptive, fraudulent, untrue, defamatory, obscene, offensive, harassing, threatening, invasive, or otherwise damaging, harmful or unacceptable;
o using unauthorized payment methods;
o using, attempting to use, or causing third parties to use another user’s Boatzon Account without permission;
o violate any terms, policies, requirement, regulations of any network connected to the Boatzon Service and its partners;
o violate any applicable federal, state, local, maritime or international law or regulation or otherwise engage in or promote any illegal purposes, including without limitation, fraud, money laundering, illegal gambling, discriminatory activities;
o violate any applicable federal, state, local, maritime or international law or regulation or otherwise engage in or promote any illegal purposes, including without limitation, fraud, money laundering, illegal gambling, discriminatory activities;
o violate or infringe on any privacy, proprietary or intellectual property rights of Boatzon or any other third-party;
o engage in unauthorized distribution of any boat, engine, trailer or other product listed for sale.
o engage in political campaigning, advertising, or marketing;
o transfer your License or any other right granted to you pursuant to the TOU; or
o otherwise using the Boatzon Service in any manner that exposes Boatzon to liability for damages of any type.
iii. Warning: Attempting to do any of the above prohibited acts, or otherwise undermining the BOATZON service OR ITS OPERATION may CONSTITUTE a criminal and/OR civil offense. IF SUCH AN ATTEMPT IS MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PERSON OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
o Nothing herein provides any third parties a private right of action or a reasonable expectation or guarantee that the Boatzon Service will not include banned material.
6. BUYING AND SELLING
Forum-Derived Transactions. The Boatzon Service includes platform where users may post and browse listings for goods and services (a “User Generated Listing”) and may elect to initiate transactions derived from User Generated Listings via check, cash, or other payment method agreeable to sellers and purchasers.
7. Purchase and Sale Transactions
Where available, purchaser (“Buyer” or “Purchaser”) and a seller (“Seller”) may elect to pay and receive payment either by via credit cards and other electronic payment methods (each an “Electronic Payment Method”) through the Boatzon Service, or by other methods outside of the Boatzon Service.
o Purchase and Sale Transactions Outside Boatzon Service. Seller and a Purchaser may elect them to meet in person to complete their purchase and sale transaction, pursuant to terms they determine, such as delivery upon cash, check, trade, or other payment method as agreed by Purchaser and Seller. BOATZON IS NOT a party to the User Generated Listings and any purchase/sale transactions derived therefrom, and does not facilitate nor assist with such transactions, nor can it facilitate exchanges, refunds or returns of any kind.
o Purchase and Sale Transaction With Boatzon Payment Solution. As an alternative, Boatzon has integrated with Stripe, a service company for payment processing, to allow sellers to accept certain Electronic Payment Methods from purchasers using Stripe’s payment processing services (“Boatzon Payment Solution”). All purchases made using the Boatzon Payment Solution are made directly between the purchaser and the seller when they complete their purchase and sale transaction pursuant to the terms they determine. Unless Boatzon is listed as a seller of a boat, engine, trailer or other product, Boatzon is not a party to purchase and sale transactions completed using the Boatzon Payment Solution and disclaims any and all responsibility to facilitate such transactions, except to provide an interface through which you can provide your Electronic Payment Method to Stripe to process on behalf of the seller. Boatzon further disclaims any and all responsibility to facilitate or provide any warranties, exchanges, refunds, or returns of any kind at any time whatsoever.
o All purchasers who wish to use the Boatzon Payment Solution are required to register their electronic payment method with Boatzon. In order to receive payment through the Boatzon Payment Solution, sellers must enroll in with Stripe and enter into one or more agreements with Stripe (“Stripe Services Agreements”), including the Stripe Platform Agreement, and Stripe Account Agreement. While enrollment in and usage of the Boatzon Payment Solution is voluntary, buyers should note that some sellers may not accept Electronic Payment Methods, or may only accept Electronic Payment Methods for certain transactions. Boatzon, in its sole discretion, may from time to time impose limits on your ability to make and/or receive payments through the Boatzon Payment Solution. Additionally, Stripe may impose its own criteria, limits, and limitations on a seller’s use of the Boatzon Payment Solution.
If you are a Seller, you agree to pay the service fees (“Service Fees”) for the sales transactions you make using the Boatzon Payment Solution. The Service Fees include Electronic Payment Method processing fees to Stripe and service fees to Boatzon. Boatzon reserves the right to change the Service Fees from time to time. Notwithstanding anything to the contrary in the Stripe Services Agreement, sellers shall not have the right to have Stripe, and will not request that Stripe, transfer any purchaser data Stripe collects via the Boatzon Payment Solution to an alternative payment processor. Upon completion of a sale in which a purchaser uses the Boatzon Payment Solution, if you have not previously set up a Stripe Account, you must set up a Stripe Account in accordance with the requirements specified by Stripe to receive the payment via the Boatzon Payment Solution.
o No Refunds Regardless of the payment method chosen, ALL PURCHASES ARE FINAL, AND THERE ARE NO REFUNDS, UNLESS YOU AND THE SELLER OTHERWISE AGREE AND MAKE ARRANGEMENTS FOR A REFUND. WITHOUT LIMITING THE SCOPE OF THE FOREGOING, BOATZON MAY, AT ITS SOLE DISCRETION, ELECT TO ISSUE REFUNDS ON ENGINES, TRAILORS OR OTHER PRODUCTS DIRECTLY SOLD BY BOATZON VIA THE BOATZON SERVICE.
o Taxes It is your responsibility to determine what, if any, taxes apply to each transaction you complete via the Boatzon 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. Boatzon 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 Boatzon Service. If Boatzon determines that it is necessary to report your earnings to any tax authority, you agree to provide personal information.
o Limitation, Revocation or Suspension of Payment. YOU ACKNOWLEDGE AND AGREE THAT BOATZON MAY LIMIT, DISABLE OR REVOKE YOUR ABILITY TO RECEIVE PAYMENT VIA BOATZON PAYMENT SOLUTION AT ITS DISCRECTION:
o IF STRIPE REJECTS YOUR APPLICATION OR YOU FAIL TO SET UP A STRIPE ACCOUNT WITHIN NINETY (90) DAYS;
o IF YOU FAIL TO PROVIDE PERSONAL INFORMATION IN ACCORDANCE WITH SECTION 6(b)(iv).
o IF THE PURCHASE OR SALE VIOLATES SECTION 5 (ACCEPTABLE AND UNACCEPTABLE USE) OF THESE TERMS, INCLUDING FOR SALES THAT VIOLATE THE PROHIBITED ITEMS GUIDELINES.
From time to time, Boatzon may, in its sole discretion and pursuant to its Shipping Policy, recommend a third party to allow sellers to ship purchased items to purchasers. Boatzon is not a party to transactions conducted between purchasers and sellers, or to the shipping of items from sellers to purchasers, and, other than as expressly provided in the Shipping Policy, Boatzon will not be liable for, and you release us from any liability to you for, any losses, damages, or delays related to shipping. You agree not to use the Boatzon shipping service to mail or cause to be mailed, or ship or cause to be shipped, any item purchased and sold through Boatzon in a manner that violates the law and/or United States Postal Service or shipping regulations, including but not limited to U.S. Postal Service Publication 52. You further warrant that any item you mail or ship contains no weapons, ammunition, explosives, living or infectious biological matter, human remains, pornography, alcohol, prescription drugs, illegal drugs, currency, dangerous goods, hazardous goods, or other goods that may not be shipped or mailed by law. As a seller, you assume full responsibility for compliance with all applicable laws and regulations, including those regarding mailing and shipping. Anyone who sends, or causes to be sent, a prohibited, illegal, or improperly packaged or labeled material can be subject to legal penalties such as civil penalties, fines and/or imprisonment, including but not limited to those specified in 18 U.S.C. § 1716 and 39 U.S.C. § 3018.
o Sellers From time to time, Boatzon may, in its sole discretion, permit certain sellers to post their items for sale nationwide. Sellers will be charged a posting fee for any sale that results in an item being shipped. Sellers who choose to post nationwide must ship their items in accordance with Boatzon’s Shipping Policy.. When a seller accepts a purchaser’s offer to purchase an item to be shipped, the seller must print the pre-paid shipping label and mail the item within five (5) business days of accepting the offer. The seller may cancel an accepted offer until the date package is initially scanned for mailing. The purchaser’s payment, minus Boatzon’s nationwide posting fee, will be released to the seller typically three (3) business days after delivery.
o Purchasers From time to time, Purchasers will be able to view items posted nationwide by sellers who have agreed to use the Boatzon shipping feature. For these items, the purchaser is solely responsible to pay the cost of shipping the item from the seller. Purchasers can cancel an offer to purchase an item for shipping up until the seller has accepted the offer. When a seller accepts a purchaser’s offer to purchase an item for shipping, Boatzon will charge or put a hold on the purchaser’s method of payment, pending delivery of the item. For any undisclosed damage, incorrect or missing items, or items that are not as described, purchasers must contact Boatzon within two (2) days of delivery, otherwise Boatzon will deem the transaction closed and release the purchaser’s payment to the seller. Purchasers may also be given the option within the Boatzon Service to confirm the item purchased is as described after receiving and inspecting it. When done, Boatzon will also deem the transaction closed and release the purchaser’s payment to the seller.
9. Boatzon PAID SERVICES
o From time to time, Boatzon may make certain services available for a fee in connection with the Boatzon Service (“Paid Services”), including, without limitation Boatzon Pro For Professionals, Boatzon Pro for Dealers, and Boatzon Pro for Retailers. The following terms of sale apply solely to your purchase of Paid Services from Boatzon.
o Unless otherwise agreed upon by Boatzon in writing, the fees payable in connection with any Paid Services (“Fees”) will be specified via the Boatzon Service. All Fees shall be subject to all applicable U.S. and State Tax. Boatzon may modify the Fees for any Paid Services. In the event of modification, the Fee change will be reflected in the next billing period. There will be no refunds or credits issued. In the event of a billing error by which you have been excessively charged, you agree that your sole remedy is to obtain a refund for the excess amount charged, upon notice given no later than 120 days from the date the error was committed.
o You may only pay Fees using valid payment methods acceptable to us, as specified via the Boatzon Service. You represent and warrant that you are authorized to use the payment method you designate via the Boatzon 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.
o AUTO RENEWAL. SOME PAID SERVICES PROVIDED BY BOATZON MAY BE OFFERED ON A SUBSCRIPTION BASIS WITH AUTO-RENEWING PAYMENTS (“SUBSCRIPTION SERVICES”). THE BILLING PERIOD FOR EACH TYPE OF SUBSCRIPTION SERVICE WILL BE AS SPECIFIED VIA THE BOATZON SERVICE AT THE TIME OF REGISTRATION. WHEN YOU REGISTER FOR ANY SUBSCRIPTION SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BOATZON IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS FOR THE SUBSCRIPTION SERVICE (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) AT THE THEN-CURRENT RATES FOR AS LONG AS THE SUBSCRIPTION SERVICE CONTINUES AND THAT THE SUBSCRIPTION SERVICE WILL CONTINUE UNTIL YOU CANCEL IT OR WE OTHERWISE TERMINATE YOUR ACCESS TO THE BOATZON SERVICE.
o TO CANCEL YOUR BOATZON ACCOUNT AND SUBSCRIPTION SERVICE, YOU MUST CONTACT US THROUGH OUR HELP CENTER VIA OUR MOBILE APP OR WEBSITE (WWW.BOATZON.COM) AND FOLLOW THE INSTRUCTIONS PROVIDED. YOU MUST CANCEL A SUBSCRIPTION SERVICE BEFORE THE START OF THE NEXT BILLING PERIOD IN ORDER TO AVOID CHARGES FOR THE NEXT BILLING PERIOD’S FEES. FOLLOWING ANY CANCELLATION, YOU WILL CONTINUE TO HAVE ACCESS TO THE SUBSCRIPTION SERVICES (SUBJECT TO THESE TERMS) THROUGH THE END OF YOUR CURRENT BILLING PERIOD.
10. Third Party Services and Content
o In using the Boatzon Service, we may make information about third-party goods, services, activities, or events accessible on or through the Boatzon Service, or we may enable third-party material and information to be made available on or via the Boatzon Service (collectively, "Third-Party Content), including, without limitation, Boatzon Payment Solution provided by a third-party payment processor, Third-Party financing companies, the Boatzon fulfillment solution through third-party logistics providers, links and/or connections to websites, applications or services of such parties (“Third-Party Content”). We make Third-Party Content available as a convenience to individuals who are interested in such content. You and third parties are entirely responsible for any transactions or contact with them, and for your use of or interaction with any Third-Party Content. Boatzon does not control or endorse any Third-Party Content and makes no representations or guarantees whatsoever about such Third-Party Content. You acknowledge and agree that your use of and access to any Third-Party Content is at your own risk.
o In its sole discretion and without responsibility or liability to you, Boatzon has the right to modify, suspend, restrict, stop, terminate, or shut down (temporarily or permanently) all or any portion of the Boatzon Service at any time and without prior notice to you or any third party, including without limitation, blocking, deleting and/or filtering access to the Boatzon Service Upon notification via Boatzon Service or otherwise, then you must immediately cease utilizing the Boatzon Service. You may also elect to cancel your Boatzon Account at any time. For more information, see Section 7 above.
You agree that Boatzon may moderate access to and use of the Boatzon 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 Boatzon Service if, in our sole opinion, your post does not comply with the content standards set out in Sections 7 and 8 above, and any other Boatzon Service rules, including without limitation Prohibited Items Guidelines. You agree not to bypass or attempt to bypass such moderation. You further agree that Boatzon is not liable for moderating, not moderating or making any representations regarding moderating.
The following Sections shall survive the termination of this TOU Agreement : 12 (“Indemnity”); 13 (“Disclaimer of Warranties”); 14 (“Third Party Content Disclaimer”); 15 (“Limitations”); 17 (Dispute Resolution) and Section 18 (Miscellaneous) in addition to any other provision that logically ought to survive termination of this Agreement.
o When you voluntarily send, post or in any way submit ideas, questions, comments, suggestions, feedback, information, data or ideas or the like regarding the Boatzon Service or any other products or services of Boatzon (collectively, "Feedback"), we may treat such as 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).
13. Copyright Policy
If you believe that anything on the Boatzon Service infringes upon any copyright that you own or control, you may file a notification with Boatzon’s Designated Agent as set forth below:
Boatzon Copyright Agent
Address of Designated Agent:
2500 East Hallandale Beach Blvd,
Hallandale Florida 33009
Email Address of Designated Agent:
o Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Boatzon has adopted a policy of terminating, removing, and disabling access of the Boatzon Services in appropriate circumstances for users who are deemed to be infringers at Boatzon’s sole discretion. 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 Boatzon or the alleged infringer as the result of Boatzon’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
o To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Boatzon, its officers, directors, agents, employees, partners and affiliates (“Boatzon Affiliates”) and their respective successors and assigns from all claims, damages, liabilities, demands, alleged causes of action, losses, expenses, losses, costs, and fees, that arise out of or relating to your conduct or your use or misuse of the Boatzon Service, including, without limitation (i) your use of any of the Boatzon Service or Materials; (ii) any violation of these TOU including without limitation your breach of any of your representations and warranties; (iii) any intellectual property rights or other proprietary rights of any third party; (iv) any content that you store on or transmit through the Boatzon Service; or (v) any items that you mail or ship in connection with the Boatzon Service, including items sold to other Boatzon users. You agree that Boatzon is entitled to assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Boatzon in such event.
15. disclaimer of waRRANTIES
o YOU ACKNOWLEDGE AND AGREE THAT THE BOATZON SERVICE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. YOU SPECIFICALLY ACKNOWLEDGES THAT BOATZON MAKES NO WARRANTY THAT: (1) THE BOATZON SERVICES WILL MEET SPECIFIC YOUR REQUIREMENTS; (2) THAT THE BOATZON SERVICES WILL BE ERROR-FREE OR WITHOUT INTERRUPTION, THAT ALL ERRORS WILL BE CORRECTED, THAT THE BOATZON SERVICES WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK, YOU ASSUME RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM THE BOATZON SERVICES. ALTHOUGH BOATZON HAS SEVERAL TECHNICAL AND PHYSICAL MECHANISMS TO HELP SECURE ITS OWN NETWORKS AND INFORMATION, IT DOES NOT MAKE THE GUARANTEE THAT IT WILL PROTECT YOU FROM ANY BREACHES OF SECURITY CAUSED BY BOATZON AND/OR YOUR FAILURE TO SECURE NETWORK OR ACCESS INFORMATION, INCLUDING BUT NOT LIMITED TO LOGIN CREDENTIALS AND PASSWORDS.
o CALIFORNIA RESIDENTS: YOU UNDERSTAND THAT THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In ACCEPTING THE TERMS herein, which includes claims which may be unknown to you at present, you acknowledge that you have read and understand Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any other jurisdiction of similar effect with respect to your release of any unknown or unsuspected claims herein.
16. Third Party CONTENT DiSclaimer
o WE MAY PROVIDE INFORMATION AND ACESS TO CERTAIN THIRD-PARTY CONTENT AS WELL AS SERVICES OFFERED, INCLUDING, WITHOUT LIMITATION, STRIPE, BOATZON FINANCING, BOATZON WARRANTIES, BOATZON INSURANCE, BOATZON SERVICE AND MAINTENANCE (“THIRD PARTY CONTENT”). YOUR DEALINGS OR CORRESPONDENCE WITH ANY THIRD PARTY AND YOUR USE OF AND ACCESS TO ANY PARTY OFFERING THIRD PARTY CONTENT ARE EXCLUSIVELY BETWEEN YOU AND THAT THIRD PARTY. BOATZON DOES NOT, UNDER ANY CIRCUMSTANCE, CONTROL OR MAKE ANY REPRESENTATION CONCERNING ANY THIRD-PARTY CONTENT.
o even though you have been ADVISED IN ADVANCE OF THE POSSIBILITY OF the following DAMAGES OR LOSSES, you ackowledge and agree that To the fullest extent permitted by applicable law, BOATZON and the BOATZON AFFILIATES will not be liable to you under any theory of liability—whether based in tort, Strict LiaBILITY, CONTRACT or otherwise—for any InCIDENTAL, consequential or special damages or lost profits, USE OR DATA ARISING OUT OF OR IN ANY WAY CONNECTED WITH the use of the boazon service And any goods or services directly or indirectly purchased, obtained OR discussed through THE boatzon service THE LIMITATIONS PROVIDED IN THIS SECTION 15 NOT LIMIT OR EXCLUDE LIABILITY FOR BOATZON OR THE BOATZON AFFILIATES' GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OR FRAUD.
o YOU AGREE THAT BOATZON’S TOTAL LIABLITY FOR BOATZON AND THE BOATZON’S AFFILIATES IN RELATION TO ANY CLAIM ARISING OUT OF OR RELATING TO THESE TOU OR THE BOATZON SERVICE SHALL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID BY YOU DIRECTLY TO BOATZON TO USE THE BOATZON SERVICES, EXPRELLY EXCLUDING ANY AMOUNTS PAID FOR ANY PRODUCTS OR SERVICES PROVIDED BY OTHER BOATZON USERS OR ANY OTHER THIRD PARTY THAT IS NOT BOATZON. ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THIS AGREEMENT, INCLUDING THE LIMITATIONS IN THIS SECTION 15 AND ELSEWHERE, ARE MADE FOR THE BENEFIT OF BOTH BOATZON AND THE BOATZON AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
18. aSSUMPTION OF rISK
o 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 BOATZON’S SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS). BOATZON DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS UNDER WHICH A MEETUP TRANSACTION TAKES PLACE, NOR DOES NOT WARRANT THE SAFETY AND CONDITION OF THE BOATS, ENGINES, TRAILERS OR OTHER SOLD OR OFFERED FOR SALE BY ANY USER.
19. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY AFFECT THE MANNER IN WHICH TO RESOLVE DISPUTES BETWEEN YOU AND BOATZON, UNLESS YOU ELECT TO OPT OUT AS PROVIDED BELOW.
A. Binding Arbitration.
Except for claims, allegations, demands, disputes, causes of action, proceedings or suits (“Disputes”) that qualify for small claims court, or claims on which you or Boatzon seeks an injunction and other relief involving alleged unlawful use of intellectual property, You and Boatzon expressly agree to: (1) to waive respective rights to have any and all Disputes arising from or related to these Terms, the Boatzon Service or the Materials, resolved in a court, and (2) to waive your and Boatzon’s respective rights to a jury trial any controversy or claim arising out of or relating to this Agreement, the relationship resulting in or from this Agreement or breach of any duties hereunder. Instead, Disputes will be settled by Confidential Arbitration in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”,) available on the JAMS website. 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. As a condition precedent to the filing of an arbitration claim, the parties agree to first provide written notice to Boatzon by email at legal@Boatzon.com or by certified mail address to Boatzon Holdings, LLC Att: Boatzon Designated Agent, 2500 East Hallandale Beach Blvd, Hallandale Beach Florida 33009, and an opportunity to mediate any claims between them via JAMS.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by providing written notice to Boatzon by email at legal@Boatzon.com or by certified mail address to Boatzon Holdings, LLC Att: Boatzon Designated Agent, 2500 East Hallandale Beach Blvd, Hallandale Beach Florida 33009. Please include your full name, address, and your request to opt out of binding arbitration.
The party initiating the arbitration proceeding will be responsible for the arbitration filing fee. You and Boatzon agree that these Terms affect interstate commerce, and that the enforceability of this Section 17 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.
You and Boatzon agree that any claim related to any Dispute must be filed no longer than than twelve (12) months from the date in which such claim arose; You and Boatzon waive the right to all other applicable statutes of limitations.
B. No Class Arbitrations, Class Actions or Representative Actions. You and Boatzon agree that there will be no class actions, class arbitrations or any other type of representative proceeding.
o These TOU contain the entire agreement and supersede all previous and contemporaneous understanding and negotiations between You and Boatzon relating to such matter. Your access to and use of the Boatzon 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. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of this Agreement or waiver as provided herein is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. Boatzon’s failure or delay in exercising any right, power, or privilege under these TOU will not operate as a waiver thereof. Furthermore, our failure to enforce these Terms in certain cases does not represent a waiver of our right to enforce them in other cases. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company
o This TOU Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this Agreement) may be made via posting to the Boatzon Service, by e-mail (including in each case via links), or by regular mail. Boatzon will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
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