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Overview
Your use of this Website constitutes your agreement to all such terms,
conditions and notices. Please read them carefully. By using this site, you
agree to these terms of use. If you do not agree to these terms, you may not
use this site. 4yachting.com reserves the right, at any time, to modify,
alter, or update these Terms of Use, and you agree to be bound by such
modifications, alterations, or updates.
Modification of These Terms & Conditions
4yachting.com reserves the right to change the terms, conditions, and notices
under which this Website is offered at any time without notice.
Copyright
Everything on the 4yachting.com website is copyrighted , unless otherwise
noted, and may not be used except with our express written consent.
Trademark
All trademarks, service marks, and trade names (collectively the "marks") that
appear on our site are proprietary to 4yachting.com, or other respective
owners.
Links to Third Party Sites
4yachting.com may contain links to web sites operated by third parties other
than 4yachting.com. Such links are provided for your reference only.
4yachting.com does not control such web sites, and is not responsible for the
contents of these web sites. 4yachting.com's inclusion of links to such web
sites does not imply any endorsement of the material on such Websites.
Disclaimer
All information, services, products, and materials contained on this site,
including text, graphics, and links, are provided on an "as is" basis with no
warranty. To the maximum extent permitted by law, 4yachting.com disclaims all
representations and warranties, express or implied, with respect to such
information, services, products, and materials, including, but not limited to,
warranties of merchantability, fitness for a particular purpose, title,
non-infringement, freedom from computer virus, and implied warranties arising
from course of dealing or course of performance. In addition, 4yachting.com
does not represent or warrant that the information accessible via this site is
accurate, complete or current
Dispute Resolution
If any controversy, dispute or claim arising out of or related to your use of
this site arises, the dispute will be resolved exclusively by binding
arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. However, 4yachting.com will have the right to
petition a court of competent jurisdiction for the entry of injunctions and
orders for specific performance relating to your unauthorized use of
4yachting.com's trademarks, service marks, copyrights, patents, trade secrets
or other intellectual property (collectively, the "Intellectual Property") or
any act or omission by you that may impair the goodwill associated with the
Intellectual Property:
Limitation of Liability
4yachting.com, will not be liable for any direct, indirect, special, punitive,
incidental, exemplary or consequential damages, or any damages whatsoever, even
if 4yachting.com has been previously advised of the possibility ity of such
damages, whether in an action under contract, negligence, or any other theory,
arising out of or in connection with the use, inability to use, or performance
of the information, services, products, and materials available from this site.
These limitations will apply notwithstanding to any failure of essential
purpose of any limited remedy. Because some jurisdictions do not allow
limitations on how long an implied warranty lasts, or the exclusion or
limitation of liability for consequential or incidental damages, the above
limitations may not apply to you.
Pre-Owned Yachts Terms & Conditions
NONE OF THE YACHTS LISTED ARE OWNED BY 4yachting.com.
4yachting.com OFFERS NO EXPRESS OR IMPLIED WARRANTY ON ANY YACHT. Yachts
displayed for sale on 4yachting.com and/or partner, broker or independent
provider websites may be sold with or without warranty from the selling broker.
UNLESS STATED OTHERWISE, ALL YACHTS ARE SOLD "AS-IS", WITH ALL FAULTS AND
WITHOUT WARRANTY, EXPRESS OR IMPLIED. ALL EXPRESS OR IMPLIED REPRESENTATIONS
REGARDING A YACHT ARE THAT OF THE SELLING BROKER AND NOT 4yachting.com. It
is YOUR RESPONSIBILITY TO READ THE YACHT DESCRIPTION PROVIDED BY THE BROKER AND
TO PHYSICALLY INSPECT THE YACHT PRIOR TO COMPLETING YOUR PURCHASE.
4yachting.com does not certify the quality,
accuracy or condition of any of the yachts displayed on 4yachting.com or any
partner, broker or independent provider websites. It is YOUR RESPONSIBILITY TO
INSPECT AND EVERY YACHT PRIOR TO COMPLETING YOUR PURCHASE as each broker may
offer pre-owned yachts without express warranty, refund or exchange options.
The Broker is responsible for disclosing prior rental and broker demonstration
history, frame damage, salvage history, stolen-recovery history, flood damage,
and any material cosmetic or mechanical damage, defect or irregularity of the
yacht. Broker, in its sole discretion, may offer a limited warranty for a
yacht(s) or in the alternative, offer a yacht, without warranty, AS-IS. It
is YOUR RESPONSIBILITY TO READ THE YACHT DESCRIPTION PROVIDED BY THE BROKER
AND TO PHYSICALLY INSPECT THE YACHT PRIOR TO COMPLETING YOUR PURCHASE.
Participating Brokers may "certify" the yacht, 4yachting.com DOES NOT
CERTIFY ANY YACHT. Brokers may claim to offer inspected yachts and
"certify" the condition of the yacht being offered. It is Broker's sole
responsibility to ensure that the yacht meets all local state and federal
emissions and safety standards applicable for the model and year of
yacht.
Yacht Availability & Prices
4YACHTING.COM DOES NOT GUARANTEE YACHT PRICES OR AVAILABILITY. All
transactions are conducted by and fulfilled through yacht brokers. All yacht
descriptions and prices provided to you
either on our website or via separate contact following your submission of a
purchase request are made by the participating broker possessing the desired
yacht and not by 4yachting.com. All yachts prices and descriptions listed
as available on our web site are established and electronically placed there by
the participating broker who owns the yacht and not 4yachting.com. Any
discrepancies or mistakes made regarding
yacht availability, condition or pricing are not the responsibility of
4yachting.com and should be directed to the broker or third party vendor
responsible for providing the information.
Personal & Non-Commercial Use Limitation
This Website is for your personal and non-commercial use. You may not
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information,
software, products or services obtained from this Website. The content
available through this Website is the sole property of 4yachting.com or its
licensors and is protected by patent, copyright, trademark and other
intellectual property laws. Except as otherwise explicitly agreed in writing,
4yachting.com-owned content received through this Website may be downloaded,
displayed, and printed for your personal, non-commercial use only. Content
owned by 4yachting.com licensors may be subject to additional restrictions.
You agree not to reproduce, retransmit, distribute, disseminate, sell, publish,
broadcast or circulate the content received through this Website to anyone,
including but not limited to others in the same company or organization without
4yachting.com's express prior written consent.
Liability Disclaimer
ALL CONTENT PROVIDED ON THIS WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY AND DOES
NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN
4YACHTING.COM AND YOU. WITHOUT LIMITING THE FOREGOING, THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE
INFORMATION HEREIN. 4YACHTING.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. 4YACHTING.COM AND/OR
ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. 4YACHTING.COM AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL 4YACHTING.COM AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR
WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE
ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF 4YACHTING.COM OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. NO UNLAWFUL OR PROHIBITED USE As a
condition of your use of this Website, you warrant to 4yachting.com that you
will not use this Website for any purpose that is unlawful or prohibited by
these terms, conditions, and notices.
Any rights not expressly granted herein are reserved.
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