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Access Agreement
 



 

Powerboatlistings.com Access Agreement
Terms of Use

Please read this Agreement carefully before accessing powerboatlistings.com. As a condition to and in consideration of receiving and accessing powerboatlistings.com, the User agrees to be bound by the terms of this Agreement. Use of or access to powerboatlistings.com shall constitute acceptance of and agreement to be bound by this Agreement. If you do not wish to be bound by this agreement, do not access powerboatlistings.com.

Powerboatlistings.com is a World Wide Web site designed to allow users to post ads ("Ads", "Powerboat Listings" or "Listings") and/or to view ads posted by other users or interact with those users. Powerboatlistings.com contains or may contain information, communications, opinions, text, graphics, links, photographs, and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of powerboatlistings.com that can be modified by Users, such as posting ads.

Powerboatlistings.com does not function as a broker or seller nor is Powerboatlistings.com involved in any communication or transaction between buyer and seller. It is the buyer's responsibility to use good judgement and due diligence when considering the purchase of a boat; it is the buyer's duty to inspect a boat prior to purchase and to survey, have it surveyed, or have a broker act on their behalf to confirm that boat is as advertised and desired, that seller has clear title, and that the conditions of sale are satisfactory. It is the seller's responsibility to use good judgement and due diligence when considering the sale of a boat; it is the seller's responsibility to confirm that all payments have cleared and are non-fraudlent before any powerboat or property is released or changes hands. Please review and follow our Tips to Avoid Fraud when selling or buying a powerboat online.

1. User Rights and Responsibilities
You agree to access and use powerboatlistings.com only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of powerboatlistings.com, including any Interactive Area, (ii) the use of any networks or other services connected to powerboatlistings.com, and (iii) the communications means by which you connect your modem, computer, or other equipment to powerboatlistings.com. By accessing powerboatlistings.com, you agree that you will not:

(1) post or transmit any information which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

(2) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;

(3) post or transmit any information through any phone number or through any contact form on this site that is not honest and accurate.

2. Intellectual Property Rights
2.1 Content provided by powerboatlistings.com

(a) You acknowledge that Content on powerboatlistings.com is generally provided by powerboatlistings.com, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that powerboatlistings.com permits access to Content that is protected by copyrights, trademarks, and other proprietary rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws.

(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content.

2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through powerboatlistings.com only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on powerboatlistings.com, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to powerboatlistings.com the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit powerboatlistings.com to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.

3. Interactive Areas
You acknowledge that powerboatlistings.com may include various interactive areas ("Interactive Areas"), including but not limited to ads ("Ads" or "Powerboat Listings" or "Listings"). These Interactive Areas allow feedback to powerboatlistings.com and interaction between users. You further understand that powerboatlistings.com does not control the messages, information, or files delivered to such Interactive Areas and that powerboatlistings.com may offer you and other Users the capability of creating and managing an Interactive Area. However, neither powerboatlistings.com, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that powerboatlistings.com cannot, and does not intend to, screen communications in advance. Moreover, because powerboatlistings.com encourages open and candid communication in the Interactive Areas, powerboatlistings.com cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. Powerboatlistings.com is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that powerboatlistings.com has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, powerboatlistings.com may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. Powerboatlistings.com reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written powerboatlistings.com policy in effect at that time, (ii) be harmful to the rights of any User, powerboatlistings.com, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.

4. Termination
The only right with respect to dissatisfaction with any policies, guidelines, or practices of powerboatlistings.com in operating powerboatlistings.com, or any change in Content, is for you to discontinue accessing Powerboatlistings.com. Powerboatlistings.com may terminate or temporarily suspend your access to all or any part of powerboatlistings.com, without notice, for conduct that powerboatlistings.com believes is a violation of this Agreement or any policies or guidelines posted by powerboatlistings.com, or for other conduct which powerboatlistings.com believes, in its sole discretion, is harmful to powerboatlistings.com or other Users. Powerboatlistings.com may discontinue operating powerboatlistings.com and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access powerboatlistings.com, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from powerboatlistings.com, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

5. Disclaimers Of Warranties; Limitations of Liability
Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on powerboatlistings.com. It is the policy of powerboatlistings.com not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF Powerboatlistings.com IS AT YOUR SOLE RISK. NEITHER Powerboatlistings.com NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT Powerboatlistings.com OR ANY INTERNET SITE LINKED TO OR FROM Powerboatlistings.com WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Powerboatlistings.com OR ANY INTERNET SITE LINKED TO OR FROM Powerboatlistings.com OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH Powerboatlistings.com OR ANY SITE LINKED TO OR FROM Powerboatlistings.com. Powerboatlistings.com IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL Powerboatlistings.com, ITS SUBSIDIARY AND PARENT COMPANIES, boatdesign.net (Boat Design Net), OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, Powerboatlistings.com, OR ANY INTERNET SITE LINKED TO OR FROM Powerboatlistings.com, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.

UNDER NO CIRCUMSTANCES SHALL Powerboatlistings.com, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN Powerboatlistings.com OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM Powerboatlistings.com. THE CONTENT WITHIN Powerboatlistings.com AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM Powerboatlistings.com MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF Powerboatlistings.com AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. Powerboatlistings.com AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Powerboatlistings.com IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY Powerboatlistings.com SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF Powerboatlistings.com, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Powerboatlistings.com.

Powerboatlistings.com does not function as a broker or seller nor is Powerboatlistings.com involved in any communication or transaction between buyer and seller. It is the buyer's responsibility to use good judgement and due diligence when considering the purchase of a boat; it is the buyer's duty to inspect a boat prior to purchase and to survey, have it surveyed, or have a broker act on their behalf to confirm that boat is as advertised, that seller has clear title, and that the conditions of sale are satisfactory. It is the seller's responsibility to use good judgement and due diligence when considering the sale of a boat; it is the seller's responsibility to confirm that all payments have cleared and are non-fraudlent before any powerboat or property is released or changes hands. Please review and follow our Tips to Avoid Fraud when selling or buying a powerboat online.

6. Indemnity
You agree to indemnify and hold powerboatlistings.com, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of powerboatlistings.com or any Internet site linked to or from powerboatlistings.com, or in connection with the transmission of any Content on powerboatlistings.com.

7. Miscellaneous
This Agreement comprises the entire agreement between powerboatlistings.com and you, and supersedes any prior agreements with respect to the subject matter herein. Powerboatlistings.com may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective upon posting notice of such revision on powerboatlistings.com. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing powerboatlistings.com. Your continued accessing and use of powerboatlistings.com following notice of any such revision shall conclusively be deemed acceptance of all such revisions. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of powerboatlistings.com to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of powerboatlistings.com, excluding its conflict of laws rules, and you and powerboatlistings.com each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone.

For Your Safety, please be aware:

  • powerboatlistings.com does not function as a broker or seller of any boat nor are we involved in any communication or transaction between buyer and seller.
  • Please always use good judgment and due diligence when considering the purchase of a boat; it is the buyer's duty to inspect a boat prior to purchase or to have it surveyed or to have a broker act on your behalf.

Any time you are buying a boat listed online:

  • Verify the phone number given by the seller
  • Verify the location of the boat is what is listed in the ad
  • Verify the phone number is near the physical location of the boat. If a cell number is given, if possible ask for a landline number as well
  • Verify seller's identity and that they are located near the boat being sold
  • Survey the boat or have it surveyed before any money changes hands
  • Ask for the boat's HIN number (Hull Identification Number) and do a quick web search on the boat's name, part of the boat's description, and/or HIN number
  • Be somewhat more cautious of sellers using free email accounts as these can be used by overseas scam-artists and then discarded as they are reported
  • Use extreme caution when buying a boat located a long distance from your location
  • Be careful of Internet scams involving overseas boats or overseas sellers
  • If ever unsure about any aspect of a boat being sold, if the seller cannot provide solid legal documentation, walk away immediately. There are plenty of boats on the market, and if it sounds too good to be true, it usually is.

Anytime you are selling a boat, always be careful of fraud attempts:

  • Never fall for a Nigeria-type scam where a buyer wants to overpay for an item and have excess funds returned or given to any third-party or third party shipper. Never pay money out of pocket on the basis that a buyer will over pay or compensate you rather than paying direct for third-party services.
  • Always be sure all funds have cleared and check with your financial institution to be sure any payments will not be reversed before releasing any property. Be aware that cashiers checks may be reversed by your bank weeks after they are initially deposited if the cashier's check is fraudulent. Most offers to pay by cashiers check or money order are attempts at fraud, and any such offer should raise a red flag immediately.
  • Powerboatlistings.com nor Boat Design Net nor the webmasters, owners, or operators of these websites will under any circumstance be liable for any loss through any transaction you make via or regarding a listing (ad) placed on our site.


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