TERMS & CONDITIONS I. Definitions I. “BurlingtonBoatyard.com” means the registered trade name, owned and operated by Burlington Boatyard, LLC. The use of “BurlingtonBoatyard.com”, “we”, “our”, and “us”, herein, are one in the same with Burlington Boatyard, LLC.
II. “Service” means any work offered and performed by BurlingtonBoatyard.com for pay or returned services, including but not limited to, advertising, website management, and business to business dealings and relationships.
III. “User”, “Seller”, “Buyer”, Individual”, “You”, “Your” means any person or persons, individual, partnership, limited partnership, corporation, limited liability company, registered limited liability partnership, trust, association, estate, or any other entity, that interacts with BurlingtonBoatyard.com for business services or recreational purposes.
II. Relationship You understand that in order to interact with BurlingtonBoatyard.com and use our services you must fully agree to the terms and conditions. We do not permit the use of BurlingtonBoatyard.com or our services if you do not accept the said terms and conditions. Actually using BurlingtonBoatyard.com and our services indicates that you understand and agree with our terms, and a binding agreement between yourself and BurlingtonBoatyard.com has been established.
You and BurlingtonBoatyard.com have no partnership, joint venture, employee-employer, franchisee-franchiser, or agency relationship, and one is not intended by this agreement.
III. Buying and Selling Vessels, Parts & Accessories BurlingtonBoatyard.com is a medium through which buyers and sellers of marine vessels, parts, accessories and other recreational vehicles are brought together. Information about particular vessels, parts, accessories and other recreational vehicles is supplied by the seller, not by BurlingtonBoatyard.com. We have no control over the quality, safety, or legality of any vessels or other items advertised on the site. Even though sellers are expected to sell their items at their listed prices, BurlingtonBoatyard.com cannot be held liable if sellers change their minds regarding the price of their items after creating an advertisement on the site. Prices listed rarely include sales tax, finance charges, registration or inspection fees, regulatory fees, or other fees which may be added to the price of the item before arriving at a final sale price. BurlingtonBoatyard.com cannot be held responsible for bounced checks or other bad debt incurred by selling an item to a buyer found through the website.
When you offer a vessel or other item for sale through BurlingtonBoatyard.com, it is expected that you will sell your item at the price and on the terms with which you have listed it. Sellers must have possession of the vessel and must either be the registered owner of the vessel, or have the authority to transfer ownership of the vessel on behalf of the registered owner.
BurlingtonBoatyard.com has no way of ensuring that a transaction between a buyer and seller will actually take place. All prices, listings, and advertisements on BurlingtonBoatyard.com are assumed to be posted in US Dollars. ($USD)
IV. Website Management BurlingtonBoatyard.com provides free and personal consultation to all users who wish to establish a website with us.
It is understood that BurlingtonBoatyard.com reserves the right to create and manage all websites according to our specifications and policies that are outline within individual service contracts established with subscribing users. This includes, but is not limited to, the BurlingtonBoatyard.com logo(s), graphics, layout, verbiage, coding, pricing, charges, fees schedule, customizing and branding.
All terms and conditions outlined within the user service contract will be upheld by all parties involved, and these are subject to change with reasonable notice given by BurlingtonBoatyard.com.
Users are held to all provisions, rules and policies within these Terms & Conditions, especially regarding, but not limited to, Relationship (Section II), Usage (Section VI), Intellectual Property (Section VII), Fees (Section VIII), and Warrantee (Section XI).
V. Advertising & B2B (Marina & Dealer Incentives/Etc.) BurlingtonBoatyard.com advertising, business-to-business, and Marina & Dealer Incentives/Etc. services will adhere to any and all service contracts entered by both us and the user, along with all terms and conditions expressly outlined and explained herein. BurlingtonBoatyard.com reserves the right to terminate all accounts upon the users ‘intentional or unintentional failure to comply with said agreements.
BurlingtonBoatyard.com does not guarantee, nor bind itself to any direct or indirect negative results forthcoming of such relationships, pertaining to, but not limited to, the users reputation, image, sales, site traffic, and or overall experience while involved with BurlingtonBoatyard.com
VI. Usage BurlingtonBoatyard.com services are available only to individuals who may form legally binding contracts under applicable law. Our services are not available to those under the age of 18. If you are under the age of 18, you can use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use any services provided through our web site. If you are using our services as a representative of a business entity, you must have the authority to bind that entity to this agreement. BurlingtonBoatyard.com reserves the right to delete, edit, or move any listings or advertisements for any reason. By using BurlingtonBoatyard.com, the user agrees not to post or transmit in either classified ads or message boards, any obscene, threatening, misleading, or otherwise illegal content. We reserve the right to deny access to any individual who we believe has violated any term in this agreement.
VII. Intellectual Property If a user wishes to upload media (including but not limited to photographs, text, graphics, pictures, designs, and video) corresponding with their classified listing, managed website, or business advertisement, the user submits that he or she is the owner of those media and has the right to publish them. BurlingtonBoatyard.com does monitor its media library from time to time, but cannot be held liable for displaying media which were unlawfully uploaded. If any media is found to be owned by someone other than the seller, and the seller does not have permission to publish that media, it will be removed from the database, and made unviewable. Media uploaded to BurlingtonBoatyard.com by the users become the sole property of BurlingtonBoatyard.com, and may be used for marketing or other business operations.
Boat Manufacturer Names, Model Names, Engine Manufacturer Names, Business Sponsors' names and logos, and Advertisers' names and logos are trademarks of those entities, and may not be copied, incorporated into any outside database, or used for any public or private dissemination.
VIII. Fees Browsing BurlingtonBoatyard.com, creating a user account, and pursuing the purchasing of vessels or other items found at BurlingtonBoatyard.com requires no fee and is free for users. Fees are incurred when individuals wish to use our paid services. Information regarding these services is located on our
Fees Schedule. Sellers may place a classified advertisement by paying the fee corresponding to the length of time and manner in which they wish it be searchable for, including all listing enhancements and additional features. By placing an advertisement for a vessel, part, accessory or other item, you agree to pay all fees specified for that length of time, and all listing enhancements and additional features. We may change our fee policy and the fees for our services at any time, for any reason. Our changes to the policy are effective immediately when implemented. If rates change, you will not be charged any more or less for services you have already paid for.
IX. Legal Claims Because BurlingtonBoatyard.com is merely a venue for buyers and sellers to meet, you release BurlingtonBoatyard.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims and damages (actual and consequential, known and unknown, foreseeable and unforeseeable, disclosed and undisclosed) connected with such disputes. Any legal claim or controversy arising out of this agreement or the services of BurlingtonBoatyard.com, with the exception of legal action taken by BurlingtonBoatyard.com to recoup our service fees, shall be settled by binding arbitration. Should either party file a claim contrary to this provision, (with the exception of BurlingtonBoatyard.com recovering its fees) the other party may recover the cost of attorney’s fees and other costs up to $ 1500. Although buyers and sellers are welcome to use the website from anywhere in the world, BurlingtonBoatyard.com is primarily a medium for buyers and sellers of boats and other items in Northern New England. Therefore, any arbitration of a legal claim shall be conducted in Burlington, Vermont.
X. Interference with BurlingtonBoatyard.com You agree that you will not interfere in any way with the course of business of BurlingtonBoatyard.com. This includes copying any content within the site without prior expressed written permission from an officer of BurlingtonBoatyard.com. You agree that you will not take any action that imposes an unreasonable load on our infrastructure, or disproportionately “uses up bandwidth”. The information listed on sellers’ advertisements is proprietary, and you agree not to reproduce, redistribute, or publicly display that information in any way, (except for your own information) without the expressed written permission of BurlingtonBoatyard.com.
XI. Warranty BurlingtonBoatyard.com and its services are provided “AS IS,” without any warranty, express or implied. Vessels and items advertised on this site belong to the individual seller; hence we do not guarantee their safety, quality, merchantability, or fitness for any particular purpose.
XII. Limited Liability a.) BurlingtonBoatyard.com, its employees, agents, directors, officers, joint ventures, or suppliers shall in no way be held responsible for damages, incidental or consequential, that arise from use of the site or its services, be it due to any reason, including negligence.
b.) The liability of BurlingtonBoatyard.com, its employees, agents, directors, officers, joint ventures, or suppliers is limited to the amount of fees that you have paid for our services in the past 12 months.
c.) The liability mentioned in section “B” above is also limited to $ 150. The liability mentioned in section “B” above is also limited to $ 150 for individuals parties using classified advertisement services and $ 500 for individuals using business to business related services.
XIII. Indemnity You agree to hold harmless BurlingtonBoatyard.com, its employees, agents, officers, directors, joint ventures, or suppliers, from any claim made by a third party due to your breach of this agreement, or your violation of any law or the rights of a third party.
XIV. Legal Compliance You shall comply with all applicable laws and regulations, domestic or international, governing the use of our services in your location. Our services include but are not limited to, buying and/or selling items through classified listings and soliciting offers to purchase from potential buyers. Our services do not include any assistance or involvement in the transaction of your goods. Please do not use our services if they are prohibited in your nation, state, or locality.
XV. Notices If any notice is given to BurlingtonBoatyard.com, it shall be given via US Mail. Notices shall be sent to 9 Woodcrest Drive, South Burlington, VT 05403 unless otherwise stated, and shall be considered given 5 business days after the postmarked date. Notices given to you may be sent either via US Mail or Electronic Mail (E-mail). In either case, they will be sent to the address (physical or electronic) submitted when you registered your classified ad. If a notice is sent electronically, they will be deemed given 24 hours after the E-mail is sent. If a notice is sent via US Mail, it will be deemed given 5 business days after the postmarked date.
XVI. General This agreement shall be governed by the laws of the State of Vermont. Although we are committed to serving our users beyond their utmost satisfaction, BurlingtonBoatyard.com cannot guarantee that its service will run uninterrupted. BurlingtonBoatyard.com cannot guarantee secure access to our services. If any provision in this agreement is found to be unenforceable, it shall be stricken and any remaining provisions shall still be enforced. BurlingtonBoatyard.com reserves the right to amend this agreement at any time, or assign it to a third party in the event of a merger or acquisition.
Disputes between you and BurlingtonBoatyard.com regarding our services may be reported to
CustomerService@BurlingtonBoatyard.com. We will not resolve User-to-User disputes, and we recommend you report them to your local law enforcement agency or certified mediation or arbitration agency.