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Terms and Conditions
Terms of Use
We appreciate your visit to Bluewaterboatsales.com, whether through the desktop, tablet, and/or mobile versions (referred to collectively as this “Website”). The terms and conditions governing your use of this Website, including access to information, products, and services offered herein, as well as our handling of any communications or User Content you provide to us, are detailed below.
By accessing this Website or sharing communications or User Content with us, you agree to comply with all the terms and conditions outlined herein (the “Terms and Conditions”), which constitute a legally binding agreement between you and Blue Water Boat Sales. Additionally, if you are a preferred partner mentioned or endorsed by the Website or our business, we retain the right to terminate our recommendation and/or relationship if your services no longer align with our expectations and values of quality, integrity, professionalism, equal opportunity, and respectful practices.
General
Blue Water Boat Sales provides this Website "as is," without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The information on this Website is subject to changes and updates at any time. Blue Water Boat Sales undertakes to exert its best efforts to ensure timely and accurate communication of available inventory and services. However, the Website may occasionally contain inaccuracies, typographical errors, or outdated inventory status. For the most precise information on availability status of any particular model, please contact Derek Leigh, the Boat Broker, Derek@bluewaterboatsales.com
Changes to Terms and Conditions
Please refer to our Privacy Policy for information regarding our data collection and use practices, among other matters. Should Member sign-in access be offered and utilized, and a password required, it is your responsibility to safeguard the confidentiality of your password(s) and refrain from reusing passwords across multiple platforms. As a member of this Website, you are accountable for maintaining the confidentiality of your account and password, and for limiting access to your computer. Additionally, you agree to assume full responsibility for any and all activities conducted under your account or password. If you suspect that your account has been compromised, please promptly notify Blue Water Boat Sales.
We retain the right to modify these Terms and Conditions, our Cookie & Privacy Policy, and Accessibility Policy as deemed necessary. Changes will be accessible via links in the website footer, and any updates will be immediately effective upon posting unless otherwise specified. Individual notifications of changes will not be provided, therefore users are responsible for periodically reviewing these Terms and Conditions. Your continued use of this Website and/or submission of User Content following such updates will signify your agreement and acceptance of the revised terms.
Blue Water Boat Sales reserves the prerogative to limit access to, suspend, or terminate this Website or any segment thereof at our discretion, particularly in instances where customer conduct violates applicable laws or poses a threat to the interests and operations of Blue Water Boat Sales, our customers, or affiliates.
Use at Your Own Risk
The material provided on this Website is intended for informational and advertising purposes related to products. By accessing this Website, you acknowledge that the information may originate directly from the current owner/seller to the best of their understanding. We recommend consulting our Boat Broker, other Boat Brokers, or any associated parts/services professionals for their expert opinions on product details, make, model, usage, condition, maintenance, and any additional factors deemed important based on your own criteria, resources, location, knowledge, and experience level. It is advisable to conduct research and assess reviews thoroughly to your satisfaction.
You are permitted to utilize the content, information, consumer reviews, data, and materials provided by this Website, as well as the products and services offered, for the purpose of conducting your individual evaluation and due diligence for independent purchase decisions utilizing the resources provided. Before relying on any such content, information, consumer reviews, data, materials, products, or services available through this Website, it is imperative that you independently verify any essential facts pertinent to your decision-making process. By choosing to limit your due diligence and rely on any information, product, or service presented on this Website, you expressly acknowledge that you do so at your own risk and accept full responsibility for any resulting damages or losses incurred. Please note that the terms of sale will be specified in each customized contract for review and consideration by you and your legal counsel.
Website Links
This Website may contain links or references to third-party sites, products, and services that are not operated by us, thereby potentially redirecting you to external websites through additional browser connections. Such third-party sites are included for user convenience and resource, with the links not constituting an unconditional endorsement by Blue Water Boat Sales. Your access and utilization of other websites are undertaken at your own risk, and you may choose to explore the provided links at your discretion. Blue Water Boat Sales bears no liability for the content of third-party sites and disclaims responsibility for any damages or injuries resulting from said content or your interaction with, reliance on, or entry into such third-party sites. We recommend reviewing the specific terms of use and privacy policies of these other websites. In the event of any concerns regarding the safety or credibility of the provided links, please promptly notify Blue Water Boat Sales, as we prioritize maintaining the integrity and security of our platform.
Data Security
Blue Water Boat Sales employs a Wix Studio platform hosting service and acceptable payment methods that are deemed to provide reasonable technological, physical, electronic, and managerial measures to enhance the protection of our customers' experience and security. Despite the implementation of such reasonable efforts to maintain the confidentiality of your private information during your utilization of this Website, we cannot provide an absolute assurance or guarantee of complete control, safety, and security over confidential data transmitted through the Internet. Please be advised to review our Privacy Policy for comprehensive details and terms pertaining to data management.
User Communication
Blue Water Boat Sales offers three distinct data forms on This Website, namely a Contact Form, a Subscription Form for New Listing Alerts, and a Testimonial Form designated exclusively for Clients of Blue Water Boat Sales to provide accurate portrayals of our services and offer constructive feedback. By submitting a Testimonial, it is acknowledged that Blue Water Boat Sales reserves the right to feature it on This Website at our discretion.
Furthermore, we retain the prerogative to utilize any other forms of information accessible to us by virtue of your engagement with this Website and Communication Services, including but not limited to reverse IP address inquiries, to adhere to legal obligations, enforce the Terms and Conditions outlined herein, and safeguard the rights, property, or well-being of visitors to this Website, users of Communication Services, our customers, the public, Blue Water Boat Sales, our proprietors, and affiliates. We uphold the right, without assuming an obligation, to monitor the content of messages on this Website, submissions via contact forms, emails, sellers'/owners' listing details, and testimonials for compliance with the Terms and Conditions, any additional regulations established by us, and to satisfy lawful requirements or government directives. We reserve the unilateral discretion to delete, relocate, refrain from publication, and/or amend any messages, listings, posts, or other User Content that we deem unsuitable or inappropriate, whether for legal or other justifications.
By engaging as a user of this Website, it is understood that you acknowledge and agree to abide by these terms, undertaking not to submit or transmit to Blue Water Boat Sales via this Website, affiliated pages (including Social Media pages), or related platforms associated with Blue Water Boat Sales any User Content or information that infringes upon the rights of others; is unlawful, invasive, abusive, defamatory, obscene, deceptive, or fraudulent; promotes criminal behavior or contributes to civil or legal liability; lacks prior approval; or endorses products or services without proper authorization. The sender of any User Content to this Website or Blue Water Boat Sales assumes full accountability for the integrity and accuracy of the content provided. By submitting, you affirm that you possess the necessary rights to share such Content and accept full liability for any infringements of copyrights, trademarks, proprietary rights, or other detrimental consequences arising from User Content. If unauthorized or compromising content is brought to our attention, we retain the right to prohibit access to this Website and other affiliated platforms for individuals contravening these Terms and Conditions or deemed to disrupt the enjoyment of this Website or our Services by others. Compliance with legal disclosure requirements will be followed diligently by Blue Water Boat Sales.
Infringement Claims Notice
This Website and Blue Water Boat Sales uses a combination of content and photography as created or captured by our team, provided by Wix Studio, purchased license to, provided by a seller/owner as their own, or as provided by the Boat or Part Manufacturers that we make a limited effort to represent as required by used boat brokerage sales. In a best effort to use and protect all copyright holders appropriately our policy is to provide urgency in removal of any content and in this regard has adopted and implemented a policy that provides for the removal of content from this Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Blue Water Boat Sales with the information required by the Digital Millennium Copyright Act, 17 U.S.C. 512 which can be found at www.copyright.gov/512. For Copyright claims, please contact Derek@bluewaterboatsales.com
User Content
You are invited to provide User Content through this Website or email, which may include consumer reviews, opinions, product/service data, materials, or other communications (collectively referred to as "User Content"). By submitting User Content or posting it on this platform, you are granting Blue Water Boat Sales, our owners, and affiliates (unless otherwise disclosed) a royalty-free, perpetual, irrevocable right and license to utilize, reproduce, modify, adapt, aggregate, translate, create derivative works from, publicly display, perform, and distribute such User Content, either in whole or in part, independently or as part of other works, utilizing any current or future form, media, or technology.
Furthermore, through your submission, you are also providing Blue Water Boat Sales, our owners, and affiliates the right to publicly utilize the First Name associated with your submission or post at their discretion; you confirm that you have full ownership or control over the rights to the User Content you submit, that the User Content is accurate, and its use complies with the Terms and Conditions, ensuring no harm or damage to any individual or entity.
Additionally, you authorize any other user of this Website to access, view, store, or reproduce your User Content for personal use, which may involve sharing with third parties. By submitting or posting User Content, you are waiving any claims against Blue Water Boat Sales regarding the misuse of such content or any parts thereof.
Licenses and Ownership Limits
This Website and its content, software, data, and information, including copyrights, trademarks, patents, and other intellectual property rights, are owned by Blue Water Boat Sales. Our users are granted a limited, nonexclusive right and license to access the content solely for personal, non-commercial use and in connection with the services offered on this Website. Unauthorized modification, distribution, reproduction, or display of the Website or its elements is prohibited. Reproduction or use of any content, code, images, or graphics from the Website without explicit permission is strictly forbidden. Enclosing the Website or its proprietary information with third-party software is not allowed. Using meta tags or hidden text with trademarks without consent is prohibited. Decompiling, reverse engineering, or attempting to discover the source code of the Website is not permitted. The Website contains trademarks owned by Blue Water Boat Sales, and you agree not to infringe upon these marks. You must not alter or remove any copyright notices from the Website content. All rights not explicitly granted are reserved to Blue Water Boat Sales; accessing or downloading material from the Website does not confer ownership rights.
Terms and Conditions Violations
We retain the right to disclose any information within our possession pertaining to you or your identity, should we determine such disclosure necessary in correlation with any inquiry or grievance regarding your utilization of this Website, or to ascertain, reach out to, or pursue legal action against you or any other individual suspected of causing harm to or interference with our rights or property, or the rights or property of visitors to, or users of, this Website, inclusive of our customers, or in relation to civil or criminal investigations.
At all times, we reserve the prerogative to divulge any information we consider essential to comply with any applicable legislation, regulation, judicial mandate, or governmental entreaty. Additionally, we may disclose your information when discerning that pertinent laws mandate or permit such revelation, including sharing data with other entities and organizations for the purpose of preventing fraud. You acknowledge and consent that we may preserve any correspondences between you and us via this Website or any service rendered through this Website, and may release such information as dictated by law or when deemed reasonably necessary to comply with legal requisites, enforce these Terms and Conditions, in reaction to allegations of corresponding violations to third-party rights, or to safeguard the interests, assets, or personal safety of Blue Water Boat Sales, our proprietors, affiliates, users, visitors to this Website, or the general public.
For clarity, you assent that contravention of these Terms and Conditions, at our singular discretion and absence of prior notification, may prompt the disclosure of such information and/or termination of your access to this Website. Additionally, you agree that any violation by you of these Terms and Conditions will constitute an unjust and illicit practice, resulting in irreparable harm to us, whether through deliberate or negligent actions. In circumstances where monetary reparations prove inadequate, you acquiesce to our pursuit of equitable relief and legal redress in accordance with applicable laws.
Warranties Disclaimer
By accessing and utilizing this Website, you explicitly agree that all information, products, or services accessible through this Website are furnished by us on an "as is," "as available" basis devoid of any warranties, either express or implied. You acknowledge that your use of this Website and all information, products, or services obtainable through this Website is undertaken entirely at your own risk. It is understood that there may be potential delays, omissions, interruptions, inaccuracies, and/or other issues pertaining to the information, products, and services featured on, published on, or promoted over this Website, encompassing information, products, and services referenced, advertised, or marketed on or transacted through this Website. Blue Water Boat Sales, alongside our proprietors and affiliates, do not guarantee the uninterrupted or error-free operation of this Website; neither do we or they provide any warranty regarding the outcomes that may result from using this Website or the accuracy, reliability, or comprehensiveness of the content or any information, product, or service offered or disseminated through this Website.
Limitation of Liability
Blue Water Boat Sales, our proprietors, or affiliates shall not be held liable for any delays, errors, inaccuracies, omissions, or other deficiencies in the information contained within this Website. Under no circumstances shall Blue Water Boat Sales, our proprietors, or affiliates be responsible for any damages, with the exception of direct damages, arising from your access to or utilization of, or inability to utilize, this Website or any information, products, or services accessible through this Website. Furthermore, we disclaim liability for our use of any User Content that you submit or post to us, and we shall not be accountable for any special, indirect, consequential, punitive, exemplary, or similar damages whatsoever (including, without limitation, damages for lost revenues or profits, or loss of business or data), irrespective of whether we or any other party were alerted to the potential occurrence of such damages.
However, you hereby agree that the aggregate liability of Blue Water Boat Sales, our owners, or affiliates resulting from any legal claim (whether arising in contract, tort, or under any other legal doctrine) associated with your access to or utilization of, or inability to use, the Website, or any information, products, or services obtainable through the Website, or our use of any User Content you provide, shall not surpass one hundred dollars ($100). Please be advised that specific constraints may not be enforceable in certain states or jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is prohibited.
Indemnity Release
By accepting these Terms and Conditions, you hereby consent to release, indemnify, and hold harmless Blue Water Boat Sales, along with our proprietors and affiliates, from any and all claims, expenses, demands, losses, damages, and costs, including legal fees, stemming from your violation of these Terms and Conditions or any issue for which you bear responsibility under these Terms and Conditions. This indemnification encompasses third-party claims connected to our utilization of any User Content provided by you, encompassing allegations of copyright infringement, trademark infringement, misappropriation of trade secrets, patent violations, or other infringement of proprietary rights. Furthermore, this indemnification extends to any disputes between you and third parties, including fellow users, advertisers, or parties engaged in a sale or transaction.
Spamming or Scamming
Your utilization of this Website, its contents, products, and services, is contingent upon adherence to lawful purposes exclusively. Prohibited activities encompass spamming, scamming, particularly in relation to soliciting payment for items or services advertised on the Website. Unauthorized reposting or appropriation of our inventory on any platform is likewise prohibited. Users and patrons are duly cautioned to exercise vigilance against wire fraud and to ensure the utilization of secure payment modalities in dealings with our team, lender, or legal representative prior to any fund transfer. It is acknowledged that no joint venture, partnership, employment, or agency association exists between you and Blue Water Boat Sales by virtue of your utilization of the Website. Compliance with legal requirements is duly fulfilled through electronic communications provided by us.
Conduct by your part that impedes others from utilizing or enjoying the Website or its provisions will not be countenanced. Legal matters stemming from the Website shall be addressed on an individual basis, rather than through class action proceedings. These Terms and Conditions, in conjunction with our Cookie & Privacy Policy, collectively constitute the entire agreement between the involved parties. Supplementary terms and conditions may be applicable in the context of purchasing or vending products/services from Blue Water Boat Sales. Use of automated procedures to access data from the Website is restricted, with exceptions granted solely to general-purpose internet search engines and non-commercial public archives. Compliance with our regulations, including the use of stable IP addresses, is essential. Specialized classified listing services are explicitly excluded from this exemption.
Legal Jurisdiction
These Terms and Conditions are governed by the laws of the State of Rhode Island, U.S.A., where Blue Water Boat Sales is headquartered. By using this Website, you agree to the exclusive jurisdiction and venue of the state and federal courts in Kent County, Rhode Island, for any disputes related to these Terms and Conditions, your use of the Website, or our use of User Content you have provided. Use of this Website and its offerings is not permitted in jurisdictions that do not uphold all provisions of these Terms and Conditions, including this provision.
Questions
If you have any questions, please contact us at Derek@bluewaterboatsales.com.