• 3545 Airway Drive, Suite 112 - Reno, Nevada 89511-1847
  • 775-353-5100
  • 3545 Airway Drive, Suite 112 - Reno, Nevada 89511-1847
  • 775-353-5100

YachtsForSale.com Terms of Use

Terms and Conditions

This page states the Terms of Use (“Terms”) under which You (as defined below) may use YachtsForSale.com, an on-line service dedicated to the yachting industry, including allowing a User to include the User’s profile and brokerage listings in the YachtsForSale.com directories.  YachtsForSale.com allows Users to create individual profiles and make these profiles, or aspects thereof, public in the YachtsForSale.com directories.

If, after reading the terms of use described below, you choose to create a profile on yachtsforsale.com, the terms contained herein shall be binding and enforceable.

Recreation Publications, Inc. is a U.S. company located at 3545 Airway Dr. Suite 112, Reno, NV 89511 and is the exclusive owner and licensor of the name, domain, license, intellectual property rights, logos, trademarks, copyrights, code and content associated with, or originated by, YachtsForSale.com.

YachtsForSale.com and its parent company, Recreation Publications, Inc. may revise these Terms at any time by posting notice of an updated version on its Home Page.  The updated Terms and Conditions will become binding 30 days after such posting.

The terms “You” and “User” as used herein refer to all individuals and/or entities accessing or using YachtsForSale.com for any reason. The term “post” as used herein shall mean information that You submit, publish or display on any YachtsForSale.com Site (as defined below).

  1. In order to access some features of YachtsForSale.com (hereinafter “YachtsForSale”), You will have to create a YachtsForSale account. You may never use another’s account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify YachtsForSale immediately of any breach of security or unauthorized use of Your account.

Although YachtsForSale will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for losses incurred by YachtsForSale or others due to such unauthorized use.

YachtsForSale permits You, which includes all Visitors, licensed Brokers, licensed Salespersons, Buyers, and Advertisers, to participate in, use and/or obtain access to the YachtsForSale Products and Services in a variety of ways, explained in more detail below.

  1. Unauthorized Use of Name, Content or Intellectual Property of YachtsForSale. You may not use the name YachtsForSale or its intellectual property, in any manner which infringes on YachtsForSale or on any User’s intellectual property rights. Unless specifically permitted herein or in writing by YachtsForSale or its licensor, the use of the YachtsForSale content on any other website, blog or on any networked computer environment for any purpose whatsoever is strictly prohibited. Any code that YachtsForSale creates to generate or display any YachtsForSale content or the pages making up any YachtsForSale Site is also protected by YachtsForSale copyright, and You may not copy or adapt such code. You may not use the YachtsForSale name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without YachtsForSale prior written consent.
  1. YachtsForSale Trademark License to You. During the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, You will have the right to use the trade names, trademarks, logos and designations in or associated with the YachtsForSale marks solely for purposes of identifying YachtsForSale and solely in connection with Your permitted activities under this Agreement. You agree that the YachtsForSale marks and all associated goodwill are and will remain the sole property of YachtsForSale, that any goodwill generated as a result of Your licensed use of YachtsForSale marks belongs exclusively to YachtsForSale and inures solely to the benefit of YachtsForSale and that Your use of YachtsForSale Site Restrictions.
  • Specific Prohibited Uses or Restrictions. YachtsForSale.com may be used only for lawful purposes by individuals, buyers, and brokers and other within the yachting industry. YachtsForSale Profiles may be used only for lawful purposes. YachtsForSale specifically prohibits any other use of YachtsForSale.com, and You agree not to do any of the following
  • (a) post or submit to any YachtsForSale Site any incomplete, false or inaccurate information including but not limited to listing information, information which is not Your own or authorized by a third party
  • (b) post on any YachtsForSale Site any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only, or requires recruitment of other members, sub-distributors or sub-agents;
  • (c) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any YachtsForSale Site;
  • (d) delete or revise any material posted by any other person or entity;
  • (e) take any action that imposes an unreasonable or disproportionately large load on any YachtsForSale Site’s infrastructure; and
  • (f) post listings or submit any information or request for information that violates any federal, state or local law.

YachtsForSale does not monitor any materials posted, transmitted, or communicated to or within the Site. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, YachtsForSale may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. YachtsForSale has no liability or responsibility to Users for performance or nonperformance of such activities. Such actions by YachtsForSale regarding violations of these terms, may include issuing warnings or penalizing an account. Any action or inaction on the part of YachtsForSale shall not constitute a waiver of any enforcement rights YachtsForSale has regarding this Agreement.

  1. Registration Information and Password. When You register with YachtsForSale.com, including but not limited to as a Broker, Salesperson, Buyer or Seller, You will be asked to create a YachtsForSale Account and provide YachtsForSale with certain information including, without limitation, a valid email address (Your “Information”). Information You submit will be used in accordance with YachtsForSale’s Privacy Statement. You are responsible for providing accurate information in order to create an account, including those obligations noted in Section 6. This responsibility extends to account created automatically through any third-party site authentication module provided. If You are not a registered user of YachtsForSale, You agree that You are not permitted to use another registered user’s account information, password and log on credentials, regardless of whether that registered user gave You permission. You understand and acknowledge that You have no ownership rights in Your YachtsForSale Account, and that if You cancel Your YachtsForSale Account, all of Your account information on YachtsForSale will be marked as deleted in YachtsForSale’s databases and may be removed from any public area of the YachtsForSale Site. Information may continue to be available for some period of time because of delays in propagating such deletion through YachtsForSale’s web servers. All data relating to completed yacht sales, based upon prior listings, are never removed. In addition, third parties may retain cached copies of Your Information. You are responsible for maintaining the confidentiality of Your YachtsForSale Account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your YachtsForSale.COM registrations and passwords, whether or not authorized by You. You agree to immediately notify YachtsForSale of any unauthorized use of Your YachtsForSale Account, Profile, or passwords, as the case may be.
  1. User Content and Submissions. YachtsForSale acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, YachtsForSale may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of Users of any YachtsForSale Site. As a YachtsForSale account holder You may submit content, including yacht listings, dock listings, or charter listings. You understand that YachtsForSale does not guarantee any confidentiality with respect to any content You submit. You shall be solely responsible for Your own Content and the consequences of submitting and publishing Your Content on YachtsForSale.com. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish the Content You submit; and that by Your submission of User Content You license to YachtsForSale all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on YachtsForSale.com pursuant to these Terms of Service. For clarity, You retain all of Your ownership rights in Your Content. However, by submitting Content to YachtsForSale, You hereby grant YachtsForSale a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with YachtsForSale’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of YachtsForSale (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of YachtsForSale a non-exclusive license to access Your Content through YachtsForSale.com, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of YachtsForSale.com and under these Terms of Service. The above licenses granted by You in the Content You submit to YachtsForSale terminate within a commercially reasonable time after You remove or delete Your Content from YachtsForSale.com, excluding Content which is placed in connection with a yacht listing that is ended in a sold transaction. You further agree that the Content You submit to YachtsForSale will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless You have permission from the rightful owner of the material, or You are otherwise legally entitled to post the material and to grant YachtsForSale all of the license rights granted therein. YachtsForSale does not endorse any Content submitted to YachtsForSale.com by any user, broker or other licensor, or any opinion, recommendation, or advice expressed therein, and YachtsForSale expressly disclaims any and all liability in connection with any Content. YachtsForSale does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and YachtsForSale will remove all Content if properly notified that such Content infringes on another’s intellectual property rights, in accordance with the DMCA procedures stated in section 9, below. YachtsForSale reserves the right to remove Content without prior notice.
  1. Brokers (a) You are responsible for maintaining the confidentiality of Your broker account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your YachtsForSale Site registrations and passwords, whether or not authorized by You. You agree to immediately notify YachtsForSale of any unauthorized use of Your employer account, Profile, or passwords. Each broker must have their own account and YachtsForSale does not permit joint accounts between brokers. Each broker is responsible for the security of their account information. If You are a Broker administrator who oversees multiple broker accounts on YachtsForSale, You expressly acknowledge and understand that You are responsible for all actions undertaken by each sub-broker account. (b) You are solely responsible for Your postings and the user content within those postings on the YachtsForSale Sites. YachtsForSale is not to be considered to be a Broker with respect to Your use of any YachtsForSale Site and YachtsForSale shall not be responsible for any listing, purchase, rental, or charter decisions, for whatever reason, made by any entity posting such goods or services on any YachtsForSale Site. You are responsible for all final posting decisions regarding a specific vessel posting. (c) Should You authorize Your Salesperson(s) to (1) create an account and post their listings in their own name 0r (2) to use Your login and password to post listings or Content on your behalf, You are responsible for all Content posted by such Salesperson(s). (d) Listings: A listing may not contain: (i) misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the vessel being presented, as determined in YachtsForSale’s reasonable and sole discretion; (ii) the names, logos or trademarks of unaffiliated companies other than those of Your company or where expressly agreed by YachtsForSale; (iii) irrelevant information which is unrelated to the posting; (iv) inaccurate, false, or misleading information; and (v) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18. YachtsForSale reserves the right to remove any listing or content from any YachtsForSale Site, which in YachtsForSale’s sole discretion, does not comply with the above Terms, or if any content is posted that YachtsForSale believes is not in the best interest of YachtsForSale. If at any time during Your use of the YachtsForSale Site or Services, You made a misrepresentation of fact to YachtsForSale or otherwise misled YachtsForSale in regard to the nature of Your business activities, YachtsForSale will have grounds to terminate Your use of the YachtsForSale Site or Services. All listings displayed in the YachtsForSale.com site herein are prohibited from “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.” YachtsForSale will not knowingly accept any listing which is in violation of the law. All persons are hereby informed that all listings are available on an equal opportunity basis.
  1. Copyright Agent. We respect the intellectual property rights of others and require that the people who use the Site do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please forward the following information to YachtsForSale, designated as such Copyright Agent pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below: Your address, telephone number, and email address; A description of the copyrighted work that You claim has been infringed; A description of where the alleged infringing material is located; A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
  • Copyright Agent:
  • YachtsForSale.COM
  • 3545 Airway Dr.
  • Suite 112
  • Reno, NV 98365
  • Email: info@YachtsForSale.com
  1. No Liability For Content, Authentication, Representations & Transactions. YachtsForSale.com acts as a venue for an on-line service dedicated to the yachting industry, including brokerage listings, yacht building opportunities, charter options, and dock space rental listings. YachtsForSale is not involved in the actual transaction between You and other users, brokers or owners. As a result, YachtsForSale has no control over the accuracy, quality, safety or legality of the listings or information posted and YachtsForSale makes no representations about any listings or User Content on YachtsForSale.com. YachtsForSale may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for YachtsForSale, damage to YachtsForSale’s brand or public image, or cause YachtsForSale to lose (in whole or in part) the services of its ISPs or other suppliers. While YachtsForSale reserves the right in its sole discretion to remove User Content, listings or other material from YachtsForSale.COM from time to time, YachtsForSale does not assume any obligation to do so and disclaims any liability for failing to take any such action. In addition, please note that there are risks, including but not limited to the risk of physical harm, when dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through YachtsForSale.com and/or the other YachtsForSale Sites. Because User authentication on the Internet is difficult, YachtsForSale cannot and does not confirm that each User and/or broker is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any YachtsForSale Site, in the event that You have a dispute with one or more Users, or in connection with one or more listings on YachtsForSale.com, You release YachtsForSale (and our agents and employees) from all claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” The YachtsForSale Sites and the YachtsForSale Content may contain inaccuracies or typographical errors. YachtsForSale makes no representations about the accuracy, reliability, completeness, or timeliness of any YachtsForSale Site or the YachtsForSale Content. The use of all YachtsForSale Sites and the YachtsForSale Content is at Your own risk.
  1. DISCLAIMER OF WARRANTIES. The site, including, without limitation, all services, content, functions and materials, is provided “as is,” “as available,” without warranty of any kind, whether express or implied by statute, common law or otherwise, for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and any implied warranty arising from course of dealing or usage of trade, and we hereby disclaim any and all such warranties, express and implied. we do not warrant, represent or covenant that the web site or the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the web site will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through the site shall create any warranty not expressly made herein. yachtsforsale also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, audio or software from the site. If you are dissatisfied with the site, your sole remedy is to discontinue using the site. We try to ensure that the information posted on the site is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the site at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the site. Without limitation of the above in this section, yachtsforsale and its affiliates, suppliers and licensors make no warranties or representations regarding any vessels or services via the web site, and hereby disclaim, and you hereby waive, any and all warranties and representations made in said vessel or services literature, frequently asked questions documents and otherwise on the site or in correspondence with its agents. Any vessels and services via the site are provided by yachtsforsale “as is,” except to the extent, if at all, otherwise set forth in a license or sale agreement separately entered into in writing between you and yachtsforsale or its licensor or supplier.
  1. LIMITATION of Liability. In no event shall yachtsforsale, its affiliates or any of their directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable, whether in an action based on a contract indemnification, obligation, tort (including without limitation negligence), collaterally or arising from any statutory duty, pre-contract or other representations, or otherwise, however arising, for any economic losses (including, without limitation, loss of revenues, profits, contracts, business, goodwill or anticipated savings) or any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the site or the content, materials and functions related thereto, your provision of information via the web site, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. in no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site. in no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the site exceed, in the aggregate, the amount, if any, paid by you to yachtsforsale for your use of the site or purchase of products or services via the site.
  1. You agree to defend, indemnify, and hold harmless YachtsForSale, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any YachtsForSale Site, (ii) Your use of any YachtsForSale Content, or (iii) Your breach of the terms of these Terms. YachtsForSale shall provide notice to You promptly of any such claim, suit, or proceeding.
  1. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the relationship between you and us shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Any waiver of any provision of these Terms of Service by YachtsForSale must be made in writing and signed by an authorized representative of YachtsForSale specifically referencing these Terms of Service and the provision to be waived. Headings used in these Terms of Service are for convenience only and are not to be relied upon. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. These Terms of Service will inure to the benefit of, and are intended to be enforceable by, YachtsForSale’s successors, assigns and licensees. There are no third-party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights under this Agreement and may not rely upon or enforce any term or provision of this Agreement. Throughout this Agreement, there are sections headings, which are used merely for ease of navigation and should not be considered as bearing a legal meaning.
  1. Legal Disputes. If any dispute, claim, or controversy arises between You, a Visitor, a Broker, a Prospective buyer, and/or YachtsForSale or any combination thereof, as it relates to YachtsForSale or YachtsForSale.com and this Agreement, or any provision of this Agreement or the breach thereof, the parties shall first try to settle any such conflict amicably between themselves. Thereafter, within ten (10) business days of receiving written notice from a party that a dispute exists, the parties shall meet and negotiate in good faith.  If good faith negotiation does not result in resolution, the parties shall choose an agreed-upon neutral Mediator and each submit a written statement within ten (10) business days of such agreement to the Mediator for voluntary mediation of the issues. The parties and the mediator shall meet after the written submissions for a non-binding mediation session.  The cost of mediation shall be shared equally by the parties. If the parties cannot resolve their issues by mediation within sixty (60) days of initiation of the mediation process, the dispute shall be subject to binding arbitration. All disputes arising in connection with this Agreement shall be finally settled under the Rules of the American Arbitration Association by one (1) arbitrator mutually selected by the parties.  If the parties cannot agree on a mediator, a Demand for Arbitration may be submitted to the American Arbitration Association and an Arbitrator will be appointed. The place of arbitration shall be located at a mutually agreed upon location in California, USA, but all parties and witnesses may appear remotely. The arbitration award shall be final, binding and not subject to appeal and shall be enforceable in any court of competent jurisdiction. The party in whose favor the arbitration award is rendered shall be entitled to recover its reasonable attorneys’ fees and costs.  You and yachtsfrosale agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
  1. Confidential Information: During the term of this Agreement, You may receive confidential information from YachtsForSale related to Your participation and interaction with YachtsForSale. Except as expressly authorized by this Agreement or necessary for performance under this Agreement, You will use reasonable efforts to maintain the confidentiality of all such information and You will not disclose such information without the prior written consent of YachtsForSale. In no event will You use less effort to maintain the confidentiality of such information than You ordinarily use with respect to Your own confidential information. The foregoing will not restrict You from disclosing confidential information of YachtsForSale: (a) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that if You are required to make such a disclosure, You give reasonable and timely notice to YachtsForSale to contest such order or requirement; and (b) on a confidential basis to Your legal or financial advisors, or prospective acquirers or investors. Examples of YachtsForSale confidential information include without limitation: (i) all software, technology, services, algorithms, search engines and search indices, programming, specifications, materials, guidelines and documentation relating to the YachtsForSale Products and services and (ii) trial features, beta versions or any other information designated in writing by YachtsForSale as “Confidential” or an equivalent designation. Confidential information does not include information that: (a) is or becomes generally known to the public through no fault of or breach of this Agreement by You; (b) is rightfully known by You at the time of disclosure without a confidentiality obligation; (c) is independently developed by You without use of YachtsForSale’s confidential information; or (d) You rightfully obtain from a third party without disclosure restrictions.

These Terms constitute a binding agreement between You and YachtsForSale, and are accepted by You upon Your use of the YachtsForSale Site.