BOAT BIDS INC. BIDDER TERMS AND CONDITIONS

By registering on, and/or bidding on an item through, our website [www.boat-bids.com] (the “Website”) you confirm that you agree to these Terms and Conditions.

Please read these terms carefully. These terms, as modified or amended from time to time, are a binding contract between Boat Bids Inc. (“Boat Bids”) (“we” and/or “us”, etc) and you (“you”).

In addition, when you use any current or future Boat Bids service or visit or purchase from any business affiliated with Boat Bids, whether or not included in the website, you also will be subject to the guidelines and conditions applicable to such service or business. If these terms are inconsistent with Boat Bids’ terms, such terms will prevail.

PRIVACY POLICY INCORPORATED HEREIN

Boat Bids values your privacy and will adhere to its Privacy Policy in order to ensure that your experience is a pleasant one. Please read our Privacy Policy, which is incorporated into the herein Terms. We reserve the right to contact you in connection with your compliance or Boat Bids’ compliance with and performance of these Terms or any Content or activities relating to the Website. You acknowledge that Boat Bids may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Boat Bids, Site users, and the public.

CONNECTING BOAT SELLERS AND BIDDERS

Boat Bids connects those offering boats for sale (“Seller(s)”) and those looking to acquire boats (“Bidder(s)”) and the Services act as a meeting place only with the actual contract for each boat listed on the Website being between the Seller and the winning Bidder. Before acquiring a boat from any Seller, Bidders are responsible for making their own determinations that the Seller’s boat is suitable and in good working order.

If the Seller wishes to hold a reserve auction, the Seller will set a reserve price when creating a listing on the listing form (the “Reserve Price”). If Seller does not list a Reserve Price, then the highest bidder will win the auction regardless of the amount of the top bid. The seller hereby agrees that in the event that their listing receives a top bid at or exceeding their reserve price, the Seller shall have accepted said legally binding bid, initiating a legal contract between themselves the Seller and the top bidder, the Buyer.

Following a winning bid, the Buyer and Seller will be provided each others respective contact information in order to complete the sale directly between one another, exchanging payment, transferring ownership and arranging transportation.

In the event of an unsuccessful sale, the Seller agrees that Boat Bids works with the Seller and potential Buyers to facilitate a sale. Boat Bids will use its best efforts to negotiate a sale price between the Seller and Bidders who placed bids during the auction period. Boat Bids will attempt negotiations with current bidders that are within $2000 of the reserve price.

The Bidder acknowledges that Boat Bids is only responsible for connecting Sellers and Bidders and does not supervise, direct, control or monitor the Seller’s boats and expressly disclaims any responsibility and liability for the Seller’s Boats, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation or code. For greater clarity, Boat Bids does not make any representations or warranties regarding the functionality of the boats’ listed on the Website nor that the boats listed on the Website are in good working order. Further, Boat Bids does not make any representations or warranties regarding the information of any Seller or Bidder and is not responsible for ensuring that this information is up-to-date.

SELLER RESPONSIBILITIES AND DEFAULT

The Seller warrants that the Seller has the required power, right and authority to enter into this agreement and to sell each boat to a winning bidder. The Seller also warrants that the boat being listed is free and clear of any and all liens, encumbrances and the ownership may be transferred to the winning bidder.

The Seller agrees to provide accurate information when creating the listing. Once the listing is live, the Seller agrees not to withdraw their boat from the auction or sell their boat outside of the website during the auction period. Once an auction closes with a successful bid, Sellers agree to make the Boat available to the Buyer, honour the winning bid amount and provide transferable ownership.

Sellers shall permit Buyers to inspect the boat after the auction period and before completing the sale. If any “significant defects” (as defined below) are found, the Seller shall use reasonable efforts to resolve and renegotiate a final sale price to remediate the undisclosed “significant defects” within a 7 day period. If the Seller fails to do so, the Buyer may chose to cancel the agreement and the Seller will be charged the following Penalty;

Failure to uphold the above mentioned, the Seller will be responsible for Boat Bids’ Penalty Fee of $500 or 4% of the final winning bid amount, whichever is greater.

Boat Bids may choose to ban any such Sellers from the website permanently.

BUYER FEE GUARANTEE

In the event the Buyer believes that the boat purchased has been misrepresented by the Seller and has “significant defects”, the Purchaser shall retain an accredited surveyor with the Society of Accredited Marine Surveyors (SAMS) and have the boat surveyed within twenty one (21) days from the date of the bidding close. The buyer is responsible for initiating a Buyer Fee Guarantee claim within seven days of the auction close by email and is required to provide supporting details, photos and documentation regarding the claim. In the event the surveyor determines that the boat has “significant defects” then Boat Bids shall refund the 4% Buyer Fee to the Purchaser. The Purchaser shall be responsible for all costs associated with retaining a SAMS surveyor.

A “significant defect” is defined as follows and the repair must exceed 10% of the winning bid:

• Hull, Deck and Stringer Moisture levels exceeding 20%(Wood) and 2.0%(FRP)
• Severe Delamination
• Major Un-repaired Impact Damage to vessel structure (not shown in listing photos)
• Damage to Engine Block or Internals
• Damage to Drive/Transmission Internals

Boat Bids reserves the right to evaluate all surveys provided and request additional information when determining the validity of a claim. Boat Bids requires surveys to be completed by a SAMS accredited surveyor. We may request photographs of moisture meter readings for affected areas, detailed diagnostic of mechanical failures, detailed photographs of undisclosed damages. We reserve the right to request multiple repair estimates when determining if damage falls within the above criteria. Once a decision has been made regarding the claim, Boat Bids will refund the Buyer Fee to the original form of payment within 10 business days.

To Submit a Claim, send us an email with the following:

BFG@Boat-Bids.com 

• Your name, address and telephone number
• Boat Information and Seller Information
• A copy of the completed survey (by a SAMS accredited surveyor)
• Any supporting photos or documentation

A representative will review your case and be in contact via email

SELLER GUARANTEE

In the event the Purchaser fails to complete the transaction with the Seller within thirty (30) days of the winning bid then Boat Bids will provide best efforts to try and connect the Seller with one of the runner up bidders in order to successfully complete the sale. Boat Bids will continue to re-list the vessel free of charge until a successful buyer is found. In the event that all above steps were taken and no successful bidders have been found within 120 days of the original winning bid, Boat Bids, under its discretion may provide half of the 4% Buyer Fee collected from the original purchaser.

BIDDING; CONDUCT OF SERVICES

In order for a Seller to list a boat on the Website the Seller must be the legal owner of the boat or a legal representative of the owner and the boat must be free of any liens or encumbrances. In order for a Bidder to bid on an auction on the Website, the Bidder must register for the Website, which requires a valid credit card and detailed personal information. You promise to provide accurate, complete, and updated information upon registration and may not select as your Boat Bids User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without prior written permission from Boat Bids.

You will not share your Boat Bids User ID, account or password with anyone, and you must protect the security of your Boat Bids User ID, account, password and any other access tools or credentials and are responsible for any activity associated with your Boat Bids User ID and account. Accounts are non-transferable without written consent from Boat Bids.

We reserve the right to reject any bid, at any time and without reason or explanation.

All accepted bids are final and there are no refunds, or retraction of bids. All items that are offered by auction may be subject to a reserve or opening bid, which is the confidential minimum price acceptable to the Sellers.

The method and procedure of any auction on the Website is at the sole discretion of Boat Bids. If a Bidder wishes to inspect a boat that is available for bidding in order to determine its condition, size and whether or not it has been repaired the Bidder may make arrangement directly with the Seller prior to finalizing their bid. By placing a bid online you agree that you have either inspected the respective boat, or have waived your right to do so. In order to bid, users are required to have a valid credit card on file (in the bidders name). A 4% Buyer Fee (of the final purchase price), plus applicable taxes will be charged to the users credit card upon a winning bid.

If you choose to bid on a boat through the Website we will make best efforts to provide auction services to the best of our ability. However, we make no warranty with regards to your satisfaction with any services. The successful Bidder will be responsible for paying any shipping, insurance, postage and delivery costs in addition to any final purchase which is to be arranged directly with the Seller.

The highest bidder acknowledged by Boat Bids will be the purchaser (the “Purchaser”). In the event of any dispute between bidders or in the event of doubt on our part as to the validity of any bid, we will have the final discretion to determine the successful bidder, cancel the sale or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales record is conclusive.

By bidding you authorize us or any other affiliated companies to charge your credit card the 4% Buyer Fee of the winning bid price. Written and oral descriptions are the opinions of the Seller, and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being listed for sale. Boat Bids believes to the best of its knowledge that the information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective Bidders. Boat Bids attempts to catalog every boat correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the boats. It is the responsibility of prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, you signify that you have examined the items as fully as you desire and have had the opportunity to ask questions and receive answers from Boat Bids that you deem adequate. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, do not bid on the boat in question.

BOAT BIDS NOT INVOLVED IN THE SALE

BOAT BIDS’ SERVICES ARE PROVIDED TO ASSIST A BUYER AND SELLER WITH FACILITATING A SALE TRANSACTION. BOAT BIDS IS NOT A BOAT BROKER, DEALER OR TRADITIONAL AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE A SALE OR EXCHANGE OF AN INTEREST IN ANY BOAT LISTED THROUGH THE SERVICES. BOAT BIDS IS NOT INVOLVED IN THE ACTUAL SALE TRANSACTION, THE SHIPPING OF THE BOAT OR THE TRANSFER OF OWNERSHIP. BOAT BIDS HAS NEVER: (I) HELD OWNERSHIP FOR ANY BOAT LISTED THROUGH THE SERVICES, (2) INSPECTED ANY BOAT LISTED THROUGH THE SERVICES OR (3) HAD ANY BOAT LISTED THROUGH SERVICES IN ITS LEGAL POSSESSION. All details and procedures for the actual sale of the boat, the shipping and receipt of the boat and the transfer of ownership are the responsibility of Seller and Buyer – under no circumstances will Boat Bids make arrangement for the foregoing. Boat Bids bears no responsibility for the inability or failure of Seller or Buyer to affect a sale transaction, ship and receive the boat and/or correctly transfer the ownership of any boat purchased through the Services. Buyers and Sellers hereby agree to indemnify, defend and hold harmless Boat Bids from any and all claims, damages, losses, liabilities, obligations, costs and expenses (including legal fees) arising from or related to any failure of the Buyer or Seller or their respective agents or representatives to properly conclude a sales transaction, ship and receive the boat or correct transfer of ownership of the boat.

AUTHORIZATION TO COLLECT UNPAID FEES

You hereby authorize Boat Bids (and/or its payment processors) to debit any and all outstanding fees from the account linked to your original form of payment without seeking your prior consent or approval or otherwise notifying you of Boat Bids’ intent to so debit said fees. You agree to the following statement: “I hereby authorize Boat Bids (and/or its payment processors) to initiate debit/credit entries from my credit card for any outstanding fees owed to Boat Bids.”

PAYMENT OF SALES TAXES

Buyer is solely responsible for paying any applicable sales tax for a boat purchased through the Boat Bids website. The buyer agrees that Boat Bids is not responsible for notifying Buyers of any particular sales tax and that Boat Bids shall not be liable for any penalty incurred by Buyer for failure to pay any applicable sales tax or any other applicable local, provincial or federal charge.

PRODUCT AND SERVICE SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS

While we promise do our best to ensure the accuracy of the information on the Website, Boat Bids does not warrant that product and/or service specifications, pricing, or other content on the Website is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, Boat Bids shall have the right to refuse or cancel any orders in its sole discretion. If your credit card is charged prior to cancellation, Boat Bids will issue a credit to your account in the amount of the charge. All items are subject to withdrawal from preview, from advertising and from the auction sale at the sole discretion of Boat Bids without notice at any time.

All property is listed on the Website is listed without any representations or warranties by the Boat Bids or its staff or the consignor as to merchantability, fitness for a particular purpose, the correctness of any catalogue or other description or the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption or liability. Boat Bids and the consignor make no representation and warranties, express or implied, as to whether the Purchaser acquires any copyrights, including but not limited to any reproduction rights in any property. We and the consignor are not responsible for errors and omissions in any catalogue or any supplemental material. We do not guarantee, any written or oral appraisals, certificates of authenticity, values, or retail replacement prices, that may accompany any item or may be orally stated by any auctioneer or employee, before, after and during any auction sale. Boat Bids reserves the right to supplement all Terms & Conditions with verbal announcements at any time during the auction. All verbal announcements and terms form part of the terms and conditions between the seller and the bidders.

CUSTOMER SUPPORT

You may contact Boat Bids Customer Services by sending an email to Support@Boat-Bids.com. You acknowledge that the provision of customer support is at Boat Bids’ sole discretion, and that Boat Bids shall have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, and the provision of some level of support is no guarantee of future support.

NOTICE RE NAMES AND TRADEMARKS

You may not use the name “Boat Bids” or any other names or Trademarks listed on the Website or in any Website content. All rights are reserved.

NOTICE RE COPYRIGHT OWNERSHIP: © BOAT BIDS

All rights reserved. All content on the Website is subject to intellectual property rights, contractual rights or other protections. The intellectual property rights are owned by Boat Bids or its licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with the prior express written consent of Boat Bids. Modification or use of the materials for any other purpose may violate intellectual property rights.

WE MAY CONTACT YOU

You acknowledge and agree that Boat Bids will have the right to periodically send electronic or printed correspondence to you, including text messages. Such correspondence may be in reference to changes in policies, promotions available to users, or other material related to your Account or access to the Services. Notwithstanding any current or prior election to opt in or opt out of receiving SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your Account, at any telephone number, or physical or electronic address you provide to us. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send a message via text. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law, for purposes of quality monitoring purposes.

MINIMUM AGE REQUIREMENT

The Website is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Website, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Website only with the permission and involvement of a parent or guardian.

DEALINGS WITH MERCHANTS; LINKS

The Website may contain advertisements, offers, or other links to other websites and resources of third parties that are not controlled by Boat Bids. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that Boat Bids is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Website does not imply that the linked site is endorsed by Boat Bids. You use the links at your own risk. Boat Bids’s Privacy Policy is applicable only when you are on its Website.

Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Website or which provide links on the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against Boat Bids and agree to hold Boat Bids harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Website.

ELECTRONIC COMMUNICATIONS

You agree to electronic communication for all of your transactions and communication with Boat Bids and the Website. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS

Except as otherwise provided in these Terms, Boat Bids will give you any notices by posting them on the Website, and you agree that such posting will constitute effective notice. You authorize Boat Bids to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if Boat Bids decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by Boat Bids to the address that you have most recently provided will constitute effective notice. Boat Bids’s address for Legal Notices is:

Legal@Boat-Bids.com

Boat Bids respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Boat Bids with the written information specified below.

MODIFICATIONS TO TERMS AND SITES

You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the Website or when announced orally during an auction. Your continued use of the Website following the posting of changes to these Terms will mean that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Website (or any part thereof) without notice.

PROHIBITED CONDUCT

You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the Website; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses, available from the Website or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (d) frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Boat Bids ; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or performance, or send to or otherwise impact us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Website or any recipient (h) post or message any unlawful, offensive, threatening, libelous, defamatory, obscene, abusive, intimidating, derogatory, discriminatory or otherwise objectionable content, (i) bid on one’s own listing or have someone else bid on the listing either directly or through a different account in order to drive up bid prices, (j) circumvent the website and reach out to Sellers/Bidders directly in order to facilitate a private sale transaction. Boat Bids will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Boat Bids may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

Users have the option to place questions and comments on the auction page of any boat listed on the Website. Such comments must be limited to relevant questions about the listing. You agree that any comments you make on an auction page will be (i) be limited to questions relevant to the listing rather than general or irrelevant comments; and (ii) professional and will not contain any content that is indecent, of a derogatory nature, or otherwise inappropriate. Boat Bids reserves the right to remove any comments or to revoke the Account of any user who violates this provision, at Boat Bids’s sole and absolute discretion

MONITORING OF SITE CONTENT

We are under no obligation to restrict or monitor Website Content in any way. You understand and acknowledge that Boat Bids does not regularly monitor the accuracy or reliability of content and that use of the Website is at your own risk. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Boat Bids. Boat Bids neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on these Website by anyone other than authorized Boat Bids employees acting in their official capacities.

PROTECTION OF SITE CONTENT

Our Website is protected by Canadian, U.S. and international intellectual property laws, which you agree to respect. All content on the Website, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of Boat Bids or its content suppliers. All software used on the Website is the property of Boat Bids or its software suppliers.

TERMINATION OR CANCELLATION

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Website, and/or your Account, or suspend or block your access to the Website. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Website after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Website. Boat Bids may continue to use electronic or printed materials it has created, or has developed specific plans to create, that contain such Content according to the terms contained above with respect to removal or modification of Content previously posted on the Website.

The provisions entitled “Notice Re Copyright Ownership” “Indemnification,” “Disclaimer of Warranties,” “Exclusion Of Damages; Limitation Of Liability,” “Additional Terms” and the Privacy Policy will survive termination of these Terms.

Boat Bids reserves the right to cancel an auction in the event of fraud, material misrepresentation, or defect in the description of the boat or bidding information, as determined by Boat Bids in its sole discretion. Boat Bids will not be liable to any User or anyone else as a result of any auction cancellation.

INDEMNIFICATION

As a condition of your access to and use of the Website, you agree to hold Boat Bids, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Website and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Website; (iv) Boat Bids ’s resolution (if any) of any dispute you have or claim to have with one or more users of the Website; (v) your improper authorization for Boat Bids to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Boat Bids disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) Boat Bids will have the right but not the obligation to resolve disputes between users relating to the Website and Boat Bids ’s resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) Boat Bids ’s resolution of a dispute will be final with respect to the Website.

FEE DISPUTE

Unless otherwise expressly specified herein, no fees shall be refundable to you for any reason whatsoever. Should you object to the payment of any fee, you agree to write to Boat Bids, using the contact information on the Website, so that Boat Bids may determine the validity of your claim. Should Boat Bids deny refunding you the disputed fee, you agree to indemnify Boat Bids for, and hold Boat Bids harmless from, any damages, losses, claims, liability or expenses (including attorney’s fees) that arise from or relate to any fee dispute of any kind.

PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Boat Bids with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and e-mail 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;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Boat Bids Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Legal@Boat-Bids.com

DISCLAIMER OF WARRANTIES

THE WEBSITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM BOAT BIDS, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE WEBSITE AND CONTENT AT YOUR OWN RISK. THE WEBSITE IS PROVIDED BY BOAT BIDS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOAT BIDS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE VALUE OF THE PRODUCTS OR SERVICES SOLD OR CONTENT INCLUDED ON THE WEBSITE. BOAT BIDS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOAT BIDS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER BOAT BIDS, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF BOAT BIDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

ADDITIONAL TERMS

1. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
2. No Assignment. These Terms (including terms incorporated into them, e.g., the Privacy Policy) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Boat Bids. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Boat Bids will be null and void. Boat Bids shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.
3. Disputes; Choice of Law; Export Limitations. The Website is controlled by us from our offices within Canada, and some aspects and portion of the Website are hosted at third-party servers within Canada and the United States of America. If you choose to access this Site from locations outside Canada, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Website in violation of Canadian or U.S. import and/or export laws and regulations or the Terms. By visiting the Website, you agree that these Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Website will be resolved by arbitration. Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by Boat Bids or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

4. Limitations on Actions. Any action concerning any dispute you may have with respect to the Website must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
5. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
6. Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy) comprise the entire agreement (the “Entire Agreement”) between you and Boat Bids with respect to the use of the Website and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
7. No Waiver. The failure of Boat Bids to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Boat Bids right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.