Terms of Service

1. Acceptance of Terms

By accessing or using the Boats For Sale marketplace, including boatsforsalephoenix.com and all associated state domains (collectively, the "Platform"), operated by Wayntek ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Platform.

2. Eligibility

You must be at least 18 years of age and a resident of the United States to create an account or post listings on our Platform. By using the Platform, you represent and warrant that you meet these requirements. If you are using the Platform on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration and Responsibilities

To access certain features, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activity that occurs under your account.
• Notifying us immediately of any unauthorized use of your account.
• Keeping your contact information current and accurate.

We reserve the right to suspend or terminate accounts that violate these Terms or that we believe are being used fraudulently.

4. Platform Description

Boats For Sale is an online marketplace that connects boat buyers and sellers. We provide the platform and tools for listing, discovering, and communicating about boats for sale. We are not a party to any transaction between buyers and sellers. We do not own, inspect, verify, or guarantee any boat listed on the Platform. All transactions are conducted directly between buyers and sellers at their own risk.

5. Listing Rules and Guidelines

When creating a listing, you agree to the following:

• All listings must be for actual boats or watercraft that you own or are authorized to sell.
• Listing information (title, description, price, condition, year, photos) must be accurate and truthful.
• Photos must be of the actual item for sale. Stock photos, misleading images, or photos from other listings are prohibited.
• Duplicate listings for the same boat are not permitted.
• Listings expire after 30 days. Regular and Quick Post users may manually renew; dealer listings auto-renew while the subscription is active.
• Regular accounts may have up to 3 active listings. Dealer accounts may have up to 50 active listings.
• Quick Post listings include 1 photo. Regular listings include 5 photos (upgradeable). Dealer listings include 30 photos.

We reserve the right to remove any listing that violates these guidelines without notice or refund.

6. Prohibited Content and Conduct

You may not use the Platform to:

• Post fraudulent, misleading, or deceptive listings.
• List items other than boats, watercraft, and directly related marine equipment.
• Harass, threaten, or abuse other users.
• Distribute spam, malware, or unsolicited commercial messages.
• Circumvent or manipulate our platform features, search results, or analytics.
• Scrape, crawl, or automatically collect data from the Platform without written permission.
• Violate any applicable local, state, or federal law.
• Post content that infringes on any third party's intellectual property, privacy, or other rights.

7. Dealer Accounts and Subscriptions

Dealer accounts are available for licensed boat dealerships and brokers. Dealer accounts are currently free for the first 12 months after approval, after which a subscription fee of $250 per month applies. Dealers may cancel their subscription at any time. Cancellation takes effect at the end of the current billing period. Active listings will remain visible until their individual expiration dates. Dealer accounts are subject to approval and may be revoked if the dealer violates these Terms.

8. Fees, Payments, and Refunds

• Free listings: Quick Post and Regular account listings are free to create.
• Upgrades: Optional upgrades (additional photos, featured placement) are available for a one-time fee.
• Dealer subscriptions: Billed monthly through PayPal after the free introductory period.
• Payment processing: All payments are processed through PayPal. We do not store your payment card information.
• Refunds: Listing upgrade fees and dealer subscription fees are generally non-refundable. If you experience a technical issue that prevents your purchase from functioning as described, contact us within 14 days for a review.

9. Intellectual Property

Your Content

You retain ownership of the content you post on the Platform (descriptions, photos, etc.). By posting content, you grant us a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute your content on the Platform and in marketing materials promoting the Platform. This license ends when you delete your content or account.

Our Content

The Platform, including its design, software, logos, and original content, is owned by Wayntek and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Platform without written permission.

10. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Platform will be uninterrupted, error-free, or free of harmful components. We make no warranties regarding the accuracy, reliability, or completeness of any listing content, user information, or transactions conducted through the Platform.

11. Limitation of Liability

To the maximum extent permitted by law, Wayntek and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to:

• Losses arising from transactions between buyers and sellers.
• Fraudulent listings or misrepresentations by other users.
• Technical failures, data loss, or service interruptions.
• Unauthorized access to your account or personal information.

Our total liability for any claim arising from or related to the Platform shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100, whichever is greater.

12. Indemnification

You agree to indemnify, defend, and hold harmless Wayntek and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your listing content; or (d) any transaction you conduct through the Platform.

13. Dispute Resolution

Any dispute arising from or relating to these Terms or the Platform shall first be attempted to be resolved through informal negotiation by contacting us at [email protected]. If the dispute cannot be resolved informally within 30 days, either party may pursue resolution through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration shall take place in Maricopa County, Arizona. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Termination and Suspension

We may suspend or terminate your account and access to the Platform at any time, with or without cause, including for violations of these Terms. You may delete your account at any time through your dashboard settings. Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and indemnification) shall survive.

15. Modifications to Terms

We may modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page. Your continued use of the Platform after changes are posted constitutes your acceptance of the modified Terms. If you do not agree with the changes, you should stop using the Platform and delete your account.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. Any legal action arising from these Terms shall be brought in the state or federal courts located in Maricopa County, Arizona.

17. Contact Us

If you have questions about these Terms, please contact us:

• Email: [email protected]
• Company: Wayntek