BoatsOnly

1. Introduction

BoatsOnly operates this Site and any affiliated websites incorporating these Terms. The organization is "BoatsOnly LLC" along with affiliates and related entities. The Site provides information, tools, products, and services for non-commercial use only, subject to these Terms.

Users are referred to as "you," "your," or "user." The company reserves modification rights to Terms and Site content, with changes becoming immediately effective. Continued use indicates acceptance of changes.

Additional terms may apply to specific products or services. The Site contains links to third-party content for which "BoatsOnly is not responsible and disclaims all liability." Third-party purchases follow separate agreements, not these Terms.

2. Privacy Policy

A separate Privacy Policy applies to the Site and is considered part of these Terms. Users should review it to understand data collection and sharing practices. The Privacy Policy governs personal information submissions.

3. Ability to Accept Terms

Users must confirm they are of legal age to form binding agreements. Parents consent to allow minor dependents to use the Site. Users agree to comply with all Terms provisions.

4. Accuracy, Completeness and Timeliness of Information

While "BoatsOnly makes commercially reasonable efforts" to ensure accuracy, the company cannot guarantee complete accuracy or timeliness. The organization assumes no liability for inaccurate information.

Products depicted may not be available for sale. "BoatsOnly reserves the right, without prior notice, to discontinue any products or services" or change prices. Information does not constitute binding offers. Job postings don't guarantee employment.

5. Use of the Site and Standards of Conduct

The Site constitutes valuable intellectual property. Users cannot misuse it or attempt to:

Disrupt normal operation or availability
Circumvent access limitations
Use automated tools like robots or scrapers without written authorization
Use false information or impersonate others
Frame the Site with other content misleadingly
Make commercial use of Site content
Maintain unauthorized commercial links
Transmit viruses, spam, or harmful code
Reverse engineer software
Advertise competing goods or services
Collect personal information about users
Exploit or harm others
Violate applicable laws

Violations may result in access termination and legal remedies.

6. Accounts

Users may create one User Account. Required information must be accurate and current. Users must keep authentication credentials confidential and accept responsibility for account activity.

"You authorize us to use the contact information you provide us with to communicate with you" about Sites, products, and services. Users may opt out of marketing emails.

The company reserves the right to "terminate access to your User Account at any time, without notice, in our sole discretion." Termination may result in loss of stored information and promotional credits.

Users can disable or delete accounts through account settings or by contacting the company. Some information may be retained for regulatory purposes. Deleting a mobile app doesn't delete the User Account; users must visit the website.

7. Community Forums and User Content

The Site may offer opportunities to submit comments, reviews, or other material ("User Content"). Users are solely responsible for legality, reliability, and appropriateness of submissions.

Prohibited content includes material that is "false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or is otherwise objectionable."

When submitting User Content, users acknowledge that "profile information you provided in connection with your User Account (e.g., your username) may be displayed." Users grant the company a "nonexclusive, worldwide, royalty-free, perpetual, irrevocable, fully transferable and sublicensable license to use, reproduce, create derivative works of, distribute, perform, display and in any other way exploit the User Content."

The company does not accept "creative ideas, product designs, proposals, business plans or similar materials." The company retains the right to remove or refuse User Content "at any time for any reason or no reason."

YOU HEREBY RELEASE, WAIVE AND HOLD BOATSONLY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BOATSONLY.

8. Purchases & Transactions

Payment Information

Users must supply accurate shipping addresses and payment information. "You agree to pay all charges incurred through your User Account and/or credit card or other payment mechanism."

Products may be purchased for personal use only, not resale. The company may refuse orders believed to enable resale. "We make no promise that products and services described on the Site are appropriate or available for use outside of the United States."

Email confirmations do not constitute order acceptance. "We cannot guarantee that all items displayed on your order confirmation will be in stock." The company reserves the right to reject or cancel orders.

Product and Service Descriptions

While descriptions aim for accuracy, "we do not warrant that the product descriptions or other content of this Site are accurate, complete, reliable, current or error-free." Features and prices are subject to availability and change.

Shipping Policies

Items ship to designated addresses. "Our shipping estimates are not guarantees or promises that a product will ship on a specific day." Shipping time depends on processing and carrier delivery.

"Legal title to products and the risk of loss or damage to the products is transferred to you when products are provided to the carrier. You will be responsible for filing any claims with the carrier."

Discount Codes & Promotions

Offer codes are non-transferable and valid for single use. "Only valid offer codes provided or promoted by BoatsOnly will be honored." Codes may not be combined; one code per order.

"Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed." Refunds don't include offer code value. Expiry dates may apply.

Returns

Return policies are posted on the Site. "We reserve the right to refuse to issue a refund or credit and the right to recover the cost of return delivery from you if any product you return (i) is not eligible for return in accordance with the relevant return policy."

9. Intellectual Property

"All content included on the Site, including text, designs, graphics, trademarks, service marks, logos, icons, images, audio clips, downloads, interfaces and software" are exclusive property of BoatsOnly or licensors.

Copying, downloading, and printing are for personal, noncommercial use only. Other uses including "modification, distribution, transmission, performance, broadcast, publication" are prohibited.

Users cannot use marks without written permission. The company retains all rights not expressly granted.

10. SMS Terms and Conditions

By opting into SMS, users agree to receive messages from BoatsOnly about orders, deliveries, applications, and updates. "Message and data rates may apply."

Message frequency varies. Users can opt out by texting "STOP" or request help by texting "HELP."

11. Digital Millennium Copyright Act Notice

BoatsOnly

Attn: Law Department/Copyright Agent

Email: legal@boatsonly.com

Notifications must include: copyright owner signature, identification of copyrighted work, location of allegedly infringing material, contact information, good faith belief statement, and accuracy statement under penalty of perjury.

12. Dispute Resolution

Claims not resolved through contact are resolved through "individual binding arbitration. Class arbitrations and class actions are not permitted."

"By virtue of this Section you and BoatsOnly are each giving up the right to go to court and have a Claim heard by a judge or jury except in small claims court."

Written notice must be sent by certified mail, describing the claim and relief sought, within one year of accrual. If unresolved within 30 days, either party may commence arbitration.

Arbitration is administered by the American Arbitration Association under Consumer Arbitration Rules. The arbitrator applies these Terms and applicable law.

13. Disclaimers

"YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE, PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT."

The company makes no warranty that: the Site meets requirements, operates without interruption, provides accurate results, meets expectations, or corrects errors. "ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK."

14. Limitation of Liability

"THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, SAVINGS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES."

"THE RELEASED PARTIES' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.00."

Some jurisdictions don't allow these limitations, so they may not apply universally.

15. Indemnification

Users agree to "indemnify, defend and hold harmless the Released Parties and their service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your User Content or your use of the Site in violation of these Terms."

16. Jurisdiction; English Language

The Site is controlled from United States offices. "These Terms and your use of the Site shall be governed by, and construed in accordance with, the internal laws of the United States."

The English version controls; translations are for convenience only. Communications must be in English.

17. Entire Agreement

"These Terms along with any posted policies or operating rules constitute the entire understanding of BoatsOnly and users and supersedes any prior or contemporaneous communications and proposals, whether oral or written."

18. Severability

If any provision is unlawful or unenforceable, remaining provisions continue in full force.

19. How to Contact Us