Terms and Conditions

Agreement between you and The Boat Stop, LLC

Welcome to theboatstop.com. The theboatstop.com website (referred to as the "Site") is comprised of various web pages operated by The Boat Stop, LLC (referred to as "The Boat Stop," “we”, “our”, “ours”, or “us”). Use of the Site is subject to the terms laid out in this Terms and Conditions contract. This agreement is a legally binding contract between The Boat Stop, LLC, and all users (referred to as “you”, “your”, or “yours”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of theboatstop.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

We reserve the right to change these Terms and Conditions, Sales Agreements, and Privacy Policy (collectively, “agreements”) occasionally, as we see fit. We will not automatically notify you of changes to our agreements. It is your responsibility to check the agreements regularly to see the most up-to-date terms. We also reserve the right to change, alter, update, suspend, or discontinue any part of the site at any time without notice. If we believe a user has violated local, state, or federal law, we will fully assist and comply with any and all law enforcement efforts.

  

The Boat Stop connects those offering boats and other watercraft (“boats”) for sale, known as “sellers”, and those looking to acquire boats, known as “buyers”. The Site acts as a meeting place only; the actual contract for sale for each boat listed on the Site is directly between the seller and the buyer.

When we use the word “you” in these Terms, it refers to any user, regardless of whether they are a seller, buyer, other registered user, or unregistered user; while if we use one of those specific terms, it only applies to that category of user.

Before acquiring a boat from any seller (each, a “seller boat”), buyers are responsible for making their own determinations that the seller boat is suitable. We are only responsible for connecting sellers and buyers, and cannot and will not be responsible for making sure that any seller boat is up to a certain standard of quality. We similarly cannot and will not be responsible for ensuring that information (including credentials) any buyer or seller provides about themselves or about any seller boat they are offering is accurate or up-to-date. Each seller acknowledges and agrees that they shall make reasonable efforts to complete the sale of their seller boat if their boat sells. Each buyer acknowledges and agrees that if they are the final buyer in the sale of a seller boat, the sale price of the boat is final, and the buyer is responsible for all applicable government fees and taxes for the boat purchased through such a sale. Notwithstanding the foregoing, we do not control the actions of any buyer or seller, and neither group are our employees.

Privacy

Your use of theboatstop.com is subject to The Boat Stop's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting theboatstop.com or sending emails to The Boat Stop constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. If we become aware of illegal activity associated with your account, we reserve the right to contact law enforcement and will comply with all local, state, and federal laws. By signing up to buy or sell a boat on the Site, you agree that you are at least eighteen (18) years of age and reside in the United States.

Children Under Thirteen

We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites ("linked sites"). The linked sites are not under our control and we are not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the theboatstop.com domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of theboatstop.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use theboatstop.com strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of us or our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Boat Stop and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Boat Stop or our licensors except as expressly authorized by these Terms.

With the exception of general internet search engines, the use of automated data-gathering tools, including but not limited to web scrapers, data mining, bot nets, or other methods, with the express purpose of monitoring, storing, or copying any data on the Site is strictly prohibited.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "communication services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular communication service.

By way of example, and not as a limitation, you agree that when using a communication service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the communication services; violate any code of conduct or other guidelines which may be applicable for any particular communication service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

We have no obligation to monitor the communication services; however, we reserve the right to review materials posted to a communication service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.

The Boat Stop reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any communication service. We do not control or endorse the content, messages or information found in any communication service and, therefore, we specifically disclaim any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized spokespersons of The Boat Stop, and their views do not necessarily reflect those of The Boat Stop.

Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to theboatstop.com or Posted on Any The Boat Stop Web Page

We do not claim ownership of the materials you provide to theboatstop.com (including feedback and suggestions) or post, upload, input or submit to any The Boat Stop Site or our associated services (collectively "submissions"); however, by posting, uploading, inputting, providing or submitting your submission, you are granting us, our affiliated companies, and necessary sublicensees permission to use your submission in connection with the operation of our Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission.

No compensation will be paid with respect to the use of your submission, as provided herein. We are under no obligation to post or use any submission you may provide and may remove any submission at any time in our sole discretion.

The posting, sharing, distributing, or other action of any pornographic, lewd, or offensive content of any kind is strictly prohibited. Any violation will result in immediate termination of your account and, if necessary, involvement of law enforcement.

International Users

The Service is controlled, operated and administered by The Boat Stop, LLC from our offices within the United States of America (USA). All sales and transactions taking place on the Site must occur within the United States of America. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use our content accessed through theboatstop.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations, and that you will not be permitted to complete a transaction through the Site from any location outside the USA.

Indemnification

You agree to indemnify, defend and hold harmless The Boat Stop, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of our agreements or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning any of the agreements, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Dover, Delaware, USA, where The Boat Stop, LLC is incorporated. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. No award determined by an arbitrator shall exceed the monetary amount of $200. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns the agreements, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees, not exceeding $200 in total. The parties agree to arbitrate all disputes and claims in regards to the agreements or any disputes arising as a result of the agreements, whether directly or indirectly, including Tort claims that are a result of the agreements. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of the agreements.

Class Action Waiver

Any arbitration under the agreements will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Boat Stop agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE BOAT STOP, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE BOAT STOP, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE BOAT STOP, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BOAT STOP, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BOAT STOP, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

We reserve the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Boat Stop as a result of this agreement or use of the Site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Boat Stop's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Boat Stop with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Boat Stop with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Boat Stop with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

We reserve the right, in our sole discretion, to change the Terms under which theboatstop.com is offered. The most current version of the Terms will supersede all previous versions. The Boat Stop encourages you to periodically review the Terms to stay informed of our updates.