Terms of Service

Welcome to YachtBazar. These Terms of Service (the "Terms") form a binding agreement between you and [Legal Entity Name] ("YachtBazar," "we," "us," or "our"), the operator of the website located at yachtbazar.com and any related pages, features, and services (collectively, the "Service"). Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By accessing, browsing, registering for, or otherwise using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, you must not access or use the Service.

We may update these Terms from time to time as described in the "Changes to These Terms" section below. Your continued use of the Service after any update constitutes your acceptance of the revised Terms.

2. Eligibility

You must be at least 18 years of age (or the age of legal majority in your jurisdiction, if higher) and able to form a legally binding contract to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements, that all information you provide is accurate, and that your use of the Service complies with all applicable laws and regulations. If you are using the Service on behalf of a person who is selling their own vessel, you represent that you are authorized to do so.

3. Description of the Service

YachtBazar is a United States–based online marketplace and classifieds platform for boats and yachts that are offered for sale by owner. The Service does two things:

• Aggregates publicly posted by-owner listings. We collect and display boat and yacht listings that have been publicly posted by their owners on third-party sources such as Craigslist, Facebook Marketplace, and similar platforms.
• Accepts direct listings from owners. Registered users who own a vessel may post their own listings directly on the Service.

Registered users may also create accounts, save searches and favorites, and communicate with one another through our on-site messaging tools. The Service is intended solely to help connect private boat owners with prospective buyers.

4. YachtBazar's Role — and What YachtBazar Is NOT

YachtBazar is only a venue and a connection tool. We are not a participant in any transaction between users. Specifically, and without limitation:

• YachtBazar is NOT a yacht broker, boat dealer, agent, or salesperson, and does not represent any buyer or seller.
• YachtBazar is NOT a party to any sale, purchase, agreement, or other transaction between users. Any contract for the sale of a vessel is solely between the buyer and the owner.
• YachtBazar charges NO commission, success fee, or sales fee on any transaction.
• YachtBazar does NOT handle payments, escrow, deposits, financing, or money transfers of any kind.
• YachtBazar does NOT perform or arrange inspections, surveys, sea trials, appraisals, title searches or transfers, registration, documentation, insurance, or shipping/transport.
• YachtBazar does NOT verify, endorse, or guarantee any listing, vessel, user, price, description, photo, or statement made on or through the Service.

All negotiations, payments, inspections, document handling, title transfers, and delivery arrangements are conducted directly and independently between buyers and owners, at their own discretion and risk. YachtBazar has no control over and assumes no responsibility for the quality, safety, legality, or availability of any vessel, or the ability of any party to complete a transaction.

5. User Accounts

Certain features of the Service require you to register for an account using an email address and password. When you create an account, you agree to:

• Provide accurate, current, and complete information, and to keep that information updated;
• Keep your password and login credentials confidential and secure;
• Be solely responsible for all activity that occurs under your account, whether or not authorized by you; and
• Notify us promptly at [legal@yachtbazar.com] if you suspect any unauthorized use of, or security breach involving, your account.

You may not share your account, create an account using false information or someone else's identity, or maintain more than one account in a manner intended to deceive or evade enforcement of these Terms. We reserve the right to suspend or terminate accounts that violate these Terms.

6. Listings and User-Submitted Content

"User Content" means any listing, photo, video, description, message, review, or other material you submit, post, or transmit through the Service. You are solely responsible for your User Content. By submitting User Content, you represent, warrant, and agree that:

• You own the vessel or have the legal right to sell it, and you own or have all necessary rights and permissions to post the content, including any photos or text;
• Listings are by-owner only. The Service is exclusively for private, by-owner sales. Brokers, dealers, agents, and other commercial sellers may not post listings or use the Service to solicit business;
• Your listing accurately describes the vessel and is not false, misleading, fraudulent, or designed to misrepresent the vessel's condition, ownership, price, or legal status;
• The vessel is not stolen, subject to an undisclosed lien preventing sale, or otherwise illegal to sell, and the listing does not violate any law or third-party right; and
• Your content does not infringe any copyright, trademark, privacy, publicity, or other right of any third party, and does not contain unlawful, defamatory, obscene, harassing, or harmful material.

License to YachtBazar. By submitting User Content, you grant YachtBazar a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, adapt, publish, and distribute that User Content for the purposes of operating, promoting, and improving the Service. This license continues for any User Content you have shared until you remove it and a reasonable time passes to allow for removal from active systems, except where retained as required by law or for legitimate business records.

Removal. YachtBazar may, in its sole discretion and without notice, review, refuse, edit, remove, or disable access to any listing or User Content for any reason or no reason, including content we believe violates these Terms, is posted by a broker or dealer, or may expose YachtBazar or others to liability. We are not obligated to monitor User Content but reserve the right to do so.

7. Aggregated Third-Party Listings

Some listings displayed on the Service are aggregated from publicly available by-owner sources operated by third parties. With respect to these aggregated listings:

• YachtBazar is independent of and unaffiliated with the source platforms and the persons who posted the original listings, and is not authorized by or sponsored by them;
• YachtBazar does not create, verify, endorse, or guarantee the accuracy, completeness, currency, legality, or availability of any aggregated listing;
• Aggregated listings may be outdated, inaccurate, duplicated, or removed at the source without notice; and
• Any contact, negotiation, or transaction arising from an aggregated listing is solely between you and the original poster, and is subject to the same disclaimers and risk allocations set out in these Terms.

If you are the owner of a listing that appears on the Service and you wish to have it updated or removed, please contact us at [legal@yachtbazar.com].

8. Acceptable Use and Prohibited Conduct

You agree to use the Service lawfully and respectfully. You must NOT:

• Engage in any fraud, scam, deceptive scheme, "phishing," or attempt to obtain money or information under false pretenses;
• Post or facilitate the sale of stolen, counterfeit, illegal, or misrepresented vessels or goods;
• Harass, threaten, abuse, defame, stalk, or harm another user, or engage in hate speech or discriminatory conduct;
• Send spam, chain messages, unsolicited advertising, or bulk commercial solicitations;
• Impersonate any person or entity, or misrepresent your identity, ownership of a vessel, or affiliation;
• Use the Service as a broker, dealer, or agent, or solicit brokerage, dealership, or agency business;
• Scrape, crawl, harvest, data-mine, or use bots, spiders, or automated means to access, copy, or collect content or user information from the Service, except as expressly permitted in writing;
• Circumvent, disable, probe, or interfere with any security feature, rate limit, access control, or technical measure of the Service;
• Introduce viruses, malware, or other harmful code, or attempt to gain unauthorized access to the Service, other accounts, or our systems;
• Abuse, manipulate, or circumvent any platform feature, or pressure other users into off-platform arrangements in order to facilitate fraud, evade safety protections, or otherwise harm other users; or
• Violate any applicable law, regulation, or third-party right, or use the Service for any unlawful or unauthorized purpose.

9. On-Site Messaging Conduct

The Service may provide tools that allow registered users to message one another. Messaging is intended to facilitate good-faith communication about listings. You are solely responsible for the content of your messages and for your conduct with other users. You must not use the messaging tools to harass, defraud, spam, threaten, or send unlawful or abusive content. We may, but are not obligated to, monitor, review, filter, or store messages for safety, security, legal compliance, and enforcement of these Terms. We may suspend messaging privileges or accounts that misuse these tools. Exercise caution and good judgment in all communications, and never share sensitive personal or financial information with someone you do not trust.

10. Fees

Use of the Service is currently free. YachtBazar charges no listing fee, membership fee, or commission. We reserve the right to introduce fees for some or all features in the future. If we do, we will provide advance notice and an opportunity to review the applicable terms before any fee takes effect, and no fee will apply to you without your consent. We will never charge a commission on a sale between users.

11. Disclaimer of Warranties

THE SERVICE, AND ALL LISTINGS, VESSELS, CONTENT, AND INFORMATION MADE AVAILABLE THROUGH IT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, YACHTBAZAR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, YACHTBAZAR MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR LEGALITY OF ANY LISTING; THE CONDITION, SEAWORTHINESS, VALUE, OWNERSHIP, OR CLEAR TITLE OF ANY VESSEL; THE IDENTITY, TRUSTWORTHINESS, OR CONDUCT OF ANY USER; OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. EVERY VESSEL AND LISTING IS OFFERED "AS IS."

BUYERS AND USERS ARE SOLELY RESPONSIBLE FOR PERFORMING THEIR OWN DUE DILIGENCE, INSPECTION, MARINE SURVEY, SEA TRIAL, TITLE AND LIEN VERIFICATION, AND OTHER INDEPENDENT VERIFICATION BEFORE ENTERING INTO ANY TRANSACTION. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Assumption of Risk

You understand and agree that you use the Service and interact with other users entirely at your own risk. YachtBazar does not screen, background-check, or verify users, listings, or vessels. You assume all risks associated with, among other things: communicating with and meeting other users (whether online or in person); inspecting, boarding, operating, or sea-trialing any vessel; relying on any listing or statement; and sending, receiving, or making any payment, deposit, or transfer. We strongly encourage you to take sensible precautions — meet in safe, public locations, bring a companion, use a qualified marine surveyor, verify ownership and title, and never send money to anyone you have not thoroughly vetted.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL YACHTBAZAR, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, ANY LISTING OR VESSEL, ANY INTERACTION OR TRANSACTION WITH ANOTHER USER, OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YACHTBAZAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, YACHTBAZAR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, YOU PAID TO YACHTBAZAR IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). BECAUSE THE SERVICE IS CURRENTLY FREE, YOU ACKNOWLEDGE THAT THIS AMOUNT MAY BE $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless YachtBazar and its parent, subsidiaries, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your User Content or listings; (c) your violation of these Terms or any applicable law; (d) your violation of any third-party right; or (e) any dispute, transaction, or interaction between you and any other user or third party. YachtBazar reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

15. Intellectual Property

The Service and its original content, features, and functionality — including the YachtBazar name, logos, text, graphics, software, design, and the selection and arrangement of content — are owned by YachtBazar or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. Except for User Content, which remains owned by the respective user subject to the license granted above, you may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works from any part of the Service without our prior written permission. The "YachtBazar" name and logo are trademarks of YachtBazar and may not be used without authorization.

16. Copyright Complaints (DMCA Notice and Takedown)

YachtBazar respects the intellectual property rights of others and responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that content available on the Service infringes your copyright, you may submit a written notice to our designated Copyright Agent containing the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing, with enough detail (such as a URL) for us to locate it;
• Your contact information, including name, address, telephone number, and email address;
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Please send DMCA notices to our Copyright Agent at: [DMCA Agent Name], [Legal Entity Name], [Mailing Address], [dmca@yachtbazar.com]. If you believe your content was removed by mistake or misidentification, you may submit a counter-notice with the information required by the DMCA. We may, in appropriate circumstances and at our discretion, disable or terminate the accounts of users who are repeat infringers.

17. Termination and Suspension

You may stop using the Service and close your account at any time. We may suspend, restrict, or terminate your account or access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms, created risk or legal exposure for YachtBazar or others, or engaged in fraudulent or harmful conduct. Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination — including those relating to User Content licenses, disclaimers, limitation of liability, indemnification, intellectual property, and dispute resolution — will survive.

18. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of [STATE], United States, without regard to its conflict-of-laws principles. Subject to any applicable arbitration agreement, you agree that the state and federal courts located in [COUNTY], [STATE] will have exclusive jurisdiction and venue over any dispute that is not subject to arbitration, and you consent to personal jurisdiction in those courts.

[OPTIONAL — to be reviewed by counsel: The parties agree to first attempt to resolve any dispute informally by contacting [legal@yachtbazar.com]. Any dispute not resolved informally shall be resolved by binding individual arbitration administered by [Arbitration Provider] under its applicable rules, rather than in court, except that either party may bring a claim in small-claims court. YOU AND YACHTBAZAR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You may opt out of arbitration by notifying us within 30 days of first accepting these Terms.] An attorney should review and tailor this section to your jurisdiction and business needs.

19. Changes to These Terms

We may modify these Terms at any time. When we make material changes, we will, where appropriate, provide additional notice (such as posting a notice on the Service or sending an email). Changes are effective when posted unless otherwise stated. Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Service.

20. Miscellaneous

These Terms, together with the Privacy Policy and any other policies referenced here, constitute the entire agreement between you and YachtBazar regarding the Service and supersede any prior agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign or transfer these Terms without our prior written consent; we may assign them freely. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and YachtBazar.

21. Contact Us

If you have questions about these Terms or the Service, please contact us at:

• [Legal Entity Name]
• [Mailing Address]
• Email: [legal@yachtbazar.com]