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Terms & Conditions

The use of this web site is governed by the terms and conditions set forth below (the “Terms of Use”). Please read them carefully. By using this web site you agree to be bound by the Terms of Use. This web site is owned and operated by FloridaBoatAds.com, a division of Worldwide Classifieds, LLC, and its affiliates (collectively, “FloridaBoatAds.com”).

We reserve the right to change these Terms of Use, including our separate Privacy Policy, from time to time, as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We have no duty or obligation to inform prior users of this Web site that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review these Terms of Use so that you always will know what terms and conditions apply to your access to and use of this Web site. Your continued use of our Web site after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. Our Web site may change, restrict access to, suspend or discontinue this Web site, or any portion of this Web site, at any time.

We reserve the right to refuse service, terminate accounts and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of FloridaBoatAds.com, its parent, affiliates or licensees.

Services
FloridaBoatAds.com is an online classified ads system for individuals, brokers and boat dealers looking to sell boats and related products to the general public.  By submitting a listing on FloridaBoatAds.com, you agree to pay the fees specified for the listing package you select, regardless of whether you are successful in consummating a transaction of third party goods or services as a result of the listing. Take care in selecting your listing package and inputting your listing information; listing fees are generally not refundable, even if you provide erroneous information or fail to consummate a transaction of third party goods or services.

We reserve the right to reject any ad copy. All orders are subject in all respects to our current rules and regulations and current demands upon advertising space. We reserve the right to edit, reclassify, revise or cancel any advertisement at any time. Rates and specifications are subject to change.

Responsibilities of Individual Sellers, Boat Brokers or Dealers
Any information, pictures, text or other materials (“Content”) submitted by individuals, brokers and boat dealers must be true, correct and accurate to the best of their knowledge.  Any Content submitted by individuals, brokers and boat dealers may be relied upon by customers.  All such Content is the sole responsibility of the person from whom the Content originated, and FloridaBoatAds.com cannot and does not control the content posted and, because of this, cannot guarantee the accuracy, integrity or quality of such Content. Content posted is not confidential and FloridaBoatAds.com may use and/or reproduce any Content that appears on the FloridaBoatAds.com site as it sees fit. FloridaBoatAds.com cannot and will not monitor all of the postings, but we do reserve the right (but not the obligation) to delete, move or edit any postings that come to our attention that are considered by FloridaBoatAds.com to be unacceptable or inappropriate, whether for legal or any other reason as it sees fit.

By providing any Content to FloridaBoatAds.com:

  1. You represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit that content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from any content or other material submitted by you to or through this Web site and agree that you will indemnify and hold FloridaBoatAds.com harmless from and against any claims, damages or losses related to such content or other material.
  2. You agree to grant us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part.  Such license will apply with respect to any form, media, technology known or later developed.
  3. You agree not to post any type of SPAM or request any type of online deposit or payment from potential buyers.

Responsibilities of Users
FloridaBoatAds.com has no liability or responsibility to our users or any other person or entity for content posted on its web site, including, but not limited to, errors, omissions or misrepresenation in any content.

It is the user’s responsibility to verify the validity of a seller, private or dealer, before making any payments. All users agree to hold FloridaBoatAds.com and its owners harmless for any losses as a result of using this website. All users agree to handle all financial transactions with a private seller in person or through a reputable escrow service.  All visitors using FloridaBoatAds.com do so at their own risk. All visitors using FloridaBoatAds.com agree that it is the responsibility of the buyer to verify the validity of any seller or financial institution before making payments of any kind.

You explicitly agree, in using this web site or any service provided, that you shall not:

  1. provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
  2.  impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
  3. collect or harvest any data about other users;
  4. provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising
  5. provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of our Web site (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Usage Agreement, or to protect the rights, property or safety of visitors to our Web site, our customers, the public or FloridaBoatAds.com and its parent, affiliates or licensees. We reserve the right (but assume no obligation) to review the content of this Web site, including listings, and other information posted to the Web site, to determine compliance with this Usage Agreement and operating rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post, or edit any messages, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

Ownership and License
Our Web site and all content displayed on this site and all software, data and information used to provide this Web site, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by FloridaBoatAds.com, its parent, affiliates or licensees, and are protected under worldwide copyright, trademark and other applicable laws and treaties. Users are granted the limited and nonexclusive right and license to access or download content from this Web site solely for your informational, personal and non-commercial use and as necessary in connection with the use of any services available through the Web site. Except as expressly authorized in this Usage Agreement, you may not modify, distribute, reproduce, display or use this Web site or any elements thereof. All rights not expressly granted to you by us in these Terms of Use are reserved to FloridaBoatAds.com and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from the Web site as authorized hereunder.

Restrictions
Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics are strictly prohibited without prior express written permission of FloridaBoatAds.com. In addition to the foregoing limitations, you may not frame, squeeze back, overlay or employ other techniques to enclose or display FloridaBoatAds.com, or any trademark, logo, content or other proprietary information (including images, text, page layout or form) included on FloridaBoatAds.com, with any other software or content of a third party. You may not use any meta tags or any other “hidden text” utilizing the names or trademarks of FloridaBoatAds.com, its parent, affiliates or licensees without their express written consent. Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of this Web site using any “robot,” “spider,” “deep link,” “scraper” or other automated means, methodology, algorithm or device or any manual process for any purpose.

Copyright
Copyright in this Web site is owned by FloridaBoatAds.com and this Web site may only be used for informational purposes. The Content displayed on this Web site, including but not limited to the Web site’s look and feel, layout, text, graphics, images, sound or video materials, designs, the URL and software, is either the property of, or used with permission by FloridaBoatAds.com and is protected by United States and international copyright and trademark laws. All rights, including but not limited to, copyright, title and interest in the Content belong to FloridaBoatAds.com and/or its respective owners. The collection, arrangement and assembly of all Content on this Web site is also the exclusive property of FloridaBoatAds.com and/or its respective owners and protected by U.S. and international copyright laws.
You are strictly prohibited from reproducing, republishing, copying, transmitting, distributing in any form, or by any means, any Content. You may not modify, adapt, reverse engineer or in any way exploit any of the Content in whole or in part, except as expressly stated otherwise in Terms of Use and/or the prior written consent of the owner of the Content. Any unauthorized use of the Content is a violation of copyright laws and trademark laws, and may also violate laws of privacy and publicity, and/or communications regulations and statutes. Any of the aforementioned violations may subject you to criminal penalties.

Your Account
If you become a member of this Web 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 are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user of, or visitor to, our Web site due to someone else using your account or password.

Links to Third Party Sites
This Web site may provide links or references to third party sites that FloridaBoatAds.com does not operate and which will allow you to leave the site or open an additional browser connecting you to the third party site.  FloridaBoatAds.com does not endorse any of these sites. We do not control the third party sites and therefore we are not responsible for the content of any third party website or any link contained in any third party website. We do not represent or warrant that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer, nor do we make any representation regarding the quality of any product or service contained on any such website. By using this Website to link to another website, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of this Website to link to a third party website. You should consult the terms of use and privacy policy of any other Internet Web site. You release and discharge FloridaBoatAds.com, its parent, affiliates or licensees from any and all liability arising from your purchase or use of products or services by or through such third party sites.

Links from Third Party Sites
FloridaBoatAds.com prohibits unauthorized links to the Website and the framing of any information contained on the Website or any portion of the Website. FloridaBoatAds.com reserves the right to disable any unauthorized links or frames. FloridaBoatAds.com has no responsibility or liability for any material on other websites that may contain links to this Website.

Confidentiality
Your confidential use of this site cannot be guaranteed by FloridaBoatAds.com. FloridaBoatAds.com discourages you from sending any information that you consider to be confidential or proprietary through this web site and FloridaBoatAds.com is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality with respect to your use of this site. Please be aware that if you do send us any such information or material, FloridaBoatAds.com will assume it is not confidential. FloridaBoatAds.com will not, however, purposely share any personally identifiable information about you with anyone, including your name, address phone number or email. By sending FloridaBoatAds.com information or material, you grant FloridaBoatAds.com an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that FloridaBoatAds.com is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

No Representations or Warranties
This site may include inaccuracies, outdated information, defects, omissions, interruptions and/or other errors. FloridaBoatAds.com does not make any representations regarding the use of its content including accuracy, reliability or correctness.  FloridaBoatAds.com reserves the right to modify the information displayed on this web site at any time, but it does not make any commitment to update the information displayed on this web site. This web site and all information, products or services available through this Web site are provided by us on an “as is” basis without warranties of any kind, either express or implied.  Neither FloridaBoatAds.com, nor any of its parent, affiliates or licensees warrant that this Web Site will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of this Web site, or as to the accuracy, reliability or completeness of content or any information, service or merchandise provided through this Web site.

Without limiting the generality of the foregoing, neither FloridaBoatAds.com, its parent, affiliates nor its licensees shall have any liability for any errors, inaccuracies, omissions or other defects in the information contained within this web site, or any liability for damages of any kind arising from the use or inability to use this web site. FloridaBoatAds.com, its parent, affiliates or licensees specifically disclaim any warranties, express or implied by statute or otherwise, including without limitations warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall FloridaBoatAds.com, its parent, affiliates or licensees or providers be liable for any direct, special, indirect or consequential damages whatsoever, including, without limitation, those arising out of access to, or the use of, or inability to use this web site or any products or services, including or resulting from lost profits or data, whether in an action for contract or tort, even if FloridaBoatAds.com has been advised of the possibility of such damages.

Users of this web site should not rely on opinions expressed at this web site when making business, financial, personal or any other decisions.

Limitation of Liability
In no event will FloridaBoatAds.com, its officers, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to any party for any direct, indirect, economic, special or other consequential damages, loss of goodwill or loss of profits arising out of or in connection with the use of this web site, or use of any linked web site, including without limitation any liability arising for breach of contract, negligence and any other statutory, contract and/or tort liability, even if FloridaBoatAds.com has been expressly advised of the possibility of such damages. The term “damages” includes, without limitation, attorney fees, any lost profits, business interruption and loss of programs or other data on your information processing system.

You agree that the entire liability of FloridaBoatAds.com, its parent, affiliates or licensees arising out of any kind of legal claim arising out of or otherwise related to this Web site will not exceed the amount you paid, if any, for the use of this Web site or any products or services purchased hereon out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

Additional Legal Matters
The Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its principles of conflicts of law. Any disputes or controversies arising out of the Terms of Use shall be subject to the exclusive jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Florida and the venue for such disputes shall rest solely with the State or Federal Courts of Florida. The Terms of Use constitute the entire agreement with respect to your access to and use of this web site. Any provision of the Terms of Use that is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from the Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of the Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

Fraud
We will report and actively cooperate with any and all governmental and/or local law enforcement agencies to help prosecute any persons who attempt to use FloridaBoatAds.com for fraudulent or otherwise illegal purposes. For tips on how to prevent being taken by a fraudulent offer, please visit our Security page.

Violation of These Terms of Use
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Web site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Web site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve and store any communication by you with us through the Web site or any service offered on or through the Web site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of FloridaBoatAds.com, its employees, users of or visitors to the Web Site, and the public.

Without limiting any other portion of this Terms of Use Agreement, you agree that we may, in our sole discretion and without prior notice, terminate your access to the Web site and/or block your future access to the Web site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Web site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies FloridaBoatAds.com may have at law or in equity.  You agree that we may, in our sole discretion and without prior notice, terminate your access to the Web site, which includes any discontinuance or material modification of the Web site or any service offered on or through the site, or due to any unexpected technical issues or problems.
Privacy

Any personally identifiable information provided by you in electronic communications to the Web site is governed by this Web site’s Privacy Policy. For a more complete description of our collection and use of personally identifiable information and other data, please read our Privacy Policy, the terms of which are incorporated in these Terms of Use by reference.

In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the Internet.

Miscellaneous
Use of this Web site by you for spamming is strictly prohibited. By using this Web site, you agree not to use information concerning other users of this Web site or any items such users have listed or searched for on this Web site (including listing information, user names, e-mail addresses, telephone numbers and/or other information), for any purpose other than to explore the potential purchase or sale of the item. You may not post information directed to or collect personal information from any minor.

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement, any other agreements referenced herein, and any information you provided Company, may be assigned by Company, in our sole discretion, to a third party in the event of a liquidation, merger or acquisition involving the Company.

Section headings in this Agreement are for convenience only and shall not be used in the interpretation of any provision of these Terms of Use.