For Sale By Owner Terms and Conditions
This agreement (the “Agreement”) is made by and between Dominion Marine Media, LLC, with its principal offices located at 150 Granby Street, Norfolk, VA 23510 (“DMM”), and the individual advertiser listing a boat for sale (“Customer”).
DMM is the operator of websites that advertise recreational marine vessels for sale around the world. As long as all Eligibility and Usage Policies conditions are met, DMM grants Customer permission to enter, update, and display a single boat listing, subject to limitations determined by the advertising package selected by the Customer, on Boat Trader, boats.com, one of DMM’s third-party partner sites, and/or any future DMM property (“DMM Sites”) for a fee determined by the advertising package selected by the Customer (“Services”).
To the extent of any conflict between any other For Sale by Owner contracts or agreements between DMM and Customer and this Agreement, this Agreement will supersede the terms of those contracts or agreements.
Term, Termination and Payment: The term of this Agreement will commence on the date full payment is processed and will continue for the advertising period (in weeks) set out in package selections. Once the service has commenced no refunds are payable. Customer will pay all fees associated with the Service according to DMM’s current pricing information.
The customer may terminate the service at anytime in either of the following ways: (i) Contacting customer service via email for boats.com at email@example.com or Boat Trader firstname.lastname@example.org or telephone for boats.com at 866-982-6287 or Boat Trader 866-373-5602 (ii) the customer deactivates the advert in their online control panel, where available.
Customer agrees and acknowledges that Customer will remain responsible for all use of the Service and all fees associated with the Service in the event a notice to terminate is not received by DMM.
If Customer selects the auto-renewal by credit card option, all payments will be charged to Customer’s credit card in advance of the the expiry of the current active product, to provide a continuous service. By selecting the auto-renewal by credit card option, Customer authorizes DMM to charge all Services fees to the credit card held securely for the Customer. The customer may terminate the service auto-renewal service at anytime by contacting customer service via email for boats.com at email@example.com or Boat Trader firstname.lastname@example.org or telephone for boats.com at 866-982-6287 or Boat Trader 866-373-5602. Once the service has commenced no refunds are payable.
Termination by DMM: Notwithstanding any other provision of this Agreement, DMM reserves the right to interrupt or terminate the Services, in full or in part, and to cancel this Agreement, in full or in part, at any time. Unless Customer is in breach of this Agreement, upon termination by DMM, DMM will refund to Customer any prepaid fees for which Customer has not received corresponding Services. The amount of the refund will be prorated based upon the number of days of Services Customer has already received. Other than as set forth in the previous sentence, in the event of a termination by DMM, DMM will have no liability to Customer. In an event of a breach of this Agreement by Customer, DMM may, at its option, immediately terminate this Agreement and retain any prepaid fees that Customer has paid to DMM as of that date; furthermore, DMM may seek any and all legal remedies available to DMM as a result of damages from Customer’s breach. Upon DMM’s termination of this Agreement for Customer’s breach, all unpaid charges, if any, will become immediately due and payable.
Eligibility: DMM’s acceptance of this Agreement is conditioned upon a satisfactory verification of Customer’s eligibility, which will be determined by DMM in its sole discretion. The eligibility criteria includes, but is not limited to (a) Customer must be 18 years of age or older, (b) Customer must properly and accurately identify themself, (c) The boat must be available to buy from the person placing the listing.
Passwords/Security/Customer Information: Customer agrees to keep Customer’s usernames and passwords to the DMM Service confidential. Customer is responsible for all activities that occur under all usernames and passwords assigned to the account (including, without limitation, for any communications sent via the Service). Except as expressly authorized by this Agreement, Customer hereby agrees not to sell, transfer, loan or assign Customer’s membership or any membership rights, including, without limitation, username and password. Customer is responsible for maintaining the confidentiality of all usernames and passwords assigned to the account and for restricting access to computers used to access Customer’s account(s) so that others may not access the password protected portions of the Service using Customer’s usernames and passwords. Customer agrees to notify DMM if it becomes aware of any loss, theft or unauthorized use of Customer’s usernames or passwords. Customer agrees not to interfere with or disrupt the Service or servers or networks connected to the Service and to comply with all then-current requirements, procedures, policies and regulations of DMM and any networks connected to the Service.
Customer further agrees not to use the Services for any unlawful purpose and agrees to comply with reasonable requests by DMM to protect the rights of DMM or DMM’s customers. It is Customer’s responsibility to keep its contact and other listing information (including, without limitation, e-mail address, mailing address and telephone number) current on the listing.
- All advertisements must be for boats. These boats must exist and currently be for sale.
- Only boats located in the United States to be advertised in BoatTrader.com.
- All listings must be properly identified, including, without limitation, location, price, and its current availability status. Any information that is misleading, ambiguous, invalidated or unsubstantiated will be considered improperly identified. The information entered into a data field must reflect a value that corresponds to that field label. The advertised price must be the price for which the boat may be purchased; it may not be an auction or bid price, or suggested minimum value price.
- An individual advertisement may only be used to sell only one boat. Once accepted for publication, the content of an advertisement may not be altered or modified to display present a different boat to that initially submitted for publication.
- Auction boats are prohibited.
- Listings may only promote boat-related information, not employment, business, real estate or other opportunities.
- The boat must be available to buy from the person placing the listing.
- Unauthorized use of images or text from another customer’s listing or website is prohibited.
- Members cannot re-sell DMM advertising service. Members cannot utilize a DMM service for the purpose of soliciting advertising fees from owner/sellers.
- Third party advertising or links are not allowed on listings.
- Customer is responsible for the integrity, accuracy and updates to their listing as it appears on all DMM Sites. DMM will not be held responsible monetarily or legally for any errors displayed on internal or external sites, regardless of how it was submitted.
- Listings from sanctioned countries as identified by The Office of Foreign Assets Control (OFAC) of the US Department of the Treasury may not be entered into, or displayed on any website hosted by Dominion Marine Media. Reference to delivery, location, origin, manufacturing, ownership or any other affiliation with or in an OFAC sanctioned country is prohibited.
- To report usage violations email customer service @ boats.com: email@example.com or Boat Trader: firstname.lastname@example.org
- Reporting an untrue violation may result in action against Customer.
- General or vague complaints will not be investigated until more detailed information can be provided.
DMM reserves the right to take any disciplinary action including removal of the listing and termination of service.
Customer Representations and DMM Rights:
Customer represents that it owns all right, title, and interest (including the right to assign) in and to any text, photographs, data or other works provided by Customer to DMM (collectively, “Materials”). Customer hereby grants DMM a non-exclusive, perpetual, irrevocable license (with the right to sublicense) to reproduce, distribute, display, perform, copy and prepare derivative works of, the Materials throughout the universe. As a condition of DMM’s acceptance of the Materials, Customer hereby represents and warrants that Customer has the right to grant the licenses and rights to the Materials as set forth above and that the exercise of those rights by DMM will not infringe the rights of any third party or violate any law. In addition, upon the request of DMM, Customer will assist and cooperate with DMM in pursuing legal or other actions related to the Services, including, without limitation, with respect to the unauthorized use of the Materials. Customer agrees that as between Customer and DMM that DMM owns all right, title and interest in and to each of its web sites (including, without limitation, BoatTrader.com and boats.com) and the content of each of its web sites (other than the Materials), including, without limitation, copyrights, patents, trademarks, service marks, trade names, trade secrets, compilations, collective works, software (object code and source code), site designs, look and feel, formats, order, coordination, and arrangements of Materials, graphics, and all other intellectual property and proprietary content used to provide the Service (collectively, “Site Content”).
Customer’s Use of Service and Site Content:
DMM hereby grants to Customer a limited, revocable, non-exclusive temporary license to reproduce and distribute boat listings contained in Site Content to third parties, but only through the Services offered by DMM. DMM does not grant Customer permission to and Customer hereby agrees not to allow the display of any non-Customer boat listings contained in Site Content on a website of a competitor. Boat Listings contained in Site Content cannot be linked to or from a web site of a competitor or to a website that contains obscene, pornographic, vulgar, defamatory or otherwise objectionable material. Customer hereby grants to DMM a non-exclusive license to use Customer’s name for the purpose of promoting the Site Content and Services. Following any termination of Service, all Site Content will remain the property of DMM and Customer will promptly destroy any copies of or references to any Site Content and remove any links established between the Customer and any Site Content. Except as explicitly permitted in this Agreement or in writing by DMM, Customer agrees not to reproduce, sublicense, distribute, modify, translate, decompile, reverse engineer, create derivative works of, or circumvent any mechanism or technology implemented to protect the Site Content. Customer will not remove any of the copyright or other proprietary notices of DMM in or affixed to Site Content. Customer hereby agrees that it will not: (i) reproduce, distribute, perform, copy or display the Materials if those Materials were obtained from any DMM Site through the use of a data-harvesting method (including, without limitation, robots or spiders) or through any other method or mechanism not offered or authorized as a service offered on a DMM Site; or (ii) permit a third party to reproduce, distribute, perform, copy or display the Materials if those Materials were or will be obtained from any DMM website by using a data-harvesting method (including, without limitation, robots or spiders) or through any other method or mechanism not offered or authorized as a service offered on a DMM Site. Customer is strictly prohibited from allowing third parties, including their authorized agents who have not obtained express written permission from DMM, to access Customer’s account for any purpose.
Indemnification: Customer agrees to indemnify, defend and hold DMM, its officers, directors, employees, agents, consultants and any third parties harmless from and against any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, related to or arising from the use of Materials provided to DMM by Customer or from any breach or alleged breach by Customer of any of its obligations, representations, limitations or warranties contained in this Agreement.
LIMITS OF LIABILITY: THE SERVICE AND SITE CONTENT ARE PROVIDED “AS IS” AND DMM MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE AND THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Customer acknowledges that (i) the Service may be temporarily interrupted, curtailed, or degraded due to Internet capacity or equipment limitations, equipment modifications, upgrades, relocations or repairs, and (ii) Internet data is capable of being intercepted by third parties. DMM has no control over and is not liable or responsible for actions of Internet systems operators and service providers or acts of God that create a delay or interruption of Service. DMM makes no warranties regarding the purpose or value of e-mail or other online methods of communication inherent in or added to the Service.
Secure Payments Platform
DMM’S LIABILITY HEREUNDER, IF ANY, WILL NOT EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO THE SERVICE FEE PAID BY THE CUSTOMER FOR THE MONTH IN WHICH THE DEFECT OR BREACH OCCURRED. IN NO EVENT WILL DMM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, OR THIRD PARTIES IDENTIFIED IN ANY DULY EXECUTED ADDENDA HERETO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND FEES) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT. THESE LIMITATIONS WILL APPLY WHETHER OR NOT DMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES ACKNOWLEDGE THAT THE FEES WERE DETERMINED BASED UPON THE FOREGOING LIMITATION OF LIABILITY.
Special TCPA Provisions: In addition to and not in limitation of the other representations, warranties, covenants and agreements of Customer contained in this Agreement, Customer represents, warrants and covenants that it is complying, and shall comply, with all requirements of the Telephone Consumer Protection Act (“TCPA”), as amended from time to time and including the accompanying federal regulations related thereto, as well as any other applicable federal or state laws and regulations governing consumer contacts and notifications.
Customer shall indemnify, defend and hold harmless DMM and its affiliates, and its and their respective officers, directors, employees, agents and representatives, from and against any and all claims, proceedings and demands asserted or alleged by third parties, including but not limited to any governmental authority, agency or commission, against DMM (collectively, “Claims”), and from and against any damages, costs, fines, penalties, expenses and other liabilities of any kind whatsoever (including, without limitation, reasonable attorneys’ fees and costs) incurred in connection with any such Claims, arising out of or in any way related to (1) any breach by Customer of any of the foregoing representations, warranties and covenants or other terms and conditions set forth in this Agreement or (2) Customer’s violation of or failure to comply with the terms and provisions of the TCPA and/or any other applicable law, rule or regulation.
Additional Legal Matters: This Agreement will be governed by and construed in accordance with the law of the Commonwealth of Virginia, U.S.A. without regard to its conflict of laws provisions. The federal and state courts within the Commonwealth of Virginia will have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Customer hereby expressly consents to (i) the personal jurisdiction of the federal and state courts within Norfolk, Virginia and (ii) service of process being effected upon it by registered mail sent to the address set forth at the end of this Agreement. The undersigned warrants that he or she is authorized to execute and deliver this Agreement on behalf of Customer. The parties to this Agreement will be entitled to rely upon signatures on copies of this Agreement transmitted by facsimile or by an online acceptance of its terms.
This Agreement was last revised 18 November 2016.