Welcome to Boat-chek.com, a service of Buyboatnow.com, Inc., a Florida corporation. By using this website, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and Buyboatnow.com, Inc.; please read it carefully.
1. General Provisions
We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to our Customer Service Manager, along with an explanation of your objection.
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending email to info@Boat-chek.com or by sending a notice by U.S. Mail to: Buyboatnow.com, Inc., Attention: Frank DiGiovanni, President, 1748 Independence Boulevard, Suite F-6, Sarasota, Florida 34234.
The Web is an evolving medium. Boat-chek.com may change the terms of this agreement from time to time. By continuing to use this website following our posting of such changes, you agree to be bound by this agreement, as modified. Boat-chek.com may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.
The material that appears on Boat-chek.com is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services you've read about on Boat-chek.com, you should confirm with the vendor any information (including the price) that is important to your purchasing decision. Boat-chek.com is not responsible for, and does not guarantee the performance of, any such goods or services.
2. Buying and Selling Boats.
Boat-chek.com is a boat listing and information service that brings together buyers and sellers of boats. Information about a particular boat is supplied by the seller, not by Boat-chek.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on Boat-chek.com often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular boat. Though we hope that all who come to Boat-chek.com will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the boats they offer. Nor can we assure the seller of a boat that the check the seller receives from the buyer is not going to bounce. When using this website to find a buyer for your boat or a boat you can purchase, we urge you to use the same common sense and good judgment you would use in selling a boat through, or responding to, a classified ad in the newspaper.
There is no substitute for healthy skepticism and your own good judgment.
When you offer a boat for sale through Boat-chek.com, you must be prepared to sell that boat at the price at which, and the terms on which, you have listed it. You must have possession of the actual boat listed and the authority and ability to transfer title. To list a boat for sale on Boat-chek.com, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any boat listed for sale on Boat-chek.com, nor may you use our website to promote, without our prior written permission, any other website, product or service. Please call 941-351-7044 (8:30 a.m. – 5:00 p.m. EST Monday - Friday) to find out more about listing and advertising opportunities on Boat-chek.com, or sign up online. By using our service, you represent that you are not a boat dealer of any kind, that you are not listing a boat for sale in your capacity as an employee or representative of a dealer, and that neither you, nor anyone acting on your behalf will list more than two boats for sale simultaneously. Boat-chek.com reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses our website in a manner we consider inappropriate.
Boat-chek.com offers a variety of ad packages, with various combinations of features. Private sellers can chose a Full-Listing only on boats less than 32’ in length. The individual elements that make up these packages can also be purchased on an a la carte basis. Dealers can select our Listings and Full Listings. Anyone may order a Boat Review. Call the number above for more information.
Responsibility for the information contained in ads lies with each seller. You alone are responsible for material you post and for the content of all email messages transmitted through Boat-chek.com. Nothing will undermine a user's confidence in the boat you are looking to sell faster than inaccurate statements or misleading representations about the boat. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat Boat-chek.com users fairly and honorably.
Although we cannot monitor every transaction that originates on Boat-chek.com, we may perform random quality assurance tests to confirm that those who offer boats for sale over Boat-chek.com are prepared to sell the boats they advertise at the prices at which, and the terms on which, they advertise them. By using our service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller is engaging in "bait and switch" or other unfair or deceptive practices, Boat-chek.com reserves the right to deny that seller use of the service.
Although Boat-chek.com cannot monitor all the listings posted to our website, we reserve the right (but assume no obligation) to delete, move, or edit any ads or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. By using Boat-chek.com you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy Boat-chek.com. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to Boat-chek.com. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or Boat-chek.com.
By placing an ad through our service, you agree to pay the fees specified for the package you select, regardless of whether your boat sells as a result of the listing. Take care in selecting your ad package and inputting your ad information; listing fees are generally not refundable, even if you provide erroneous information or fail to sell your boat.
Our used boat listings include boats that have been "certified" as meeting certain standards established by manufacturers and/or dealers in connection with their pre-owned boat programs. The decision to certify any particular boat is made by the certifying manufacturer or dealer, and the boat information included in Boat-chek.com's certified boat listing is provided by the listing dealer. Neither Boat-chek.com nor the manufacturer is responsible for the accuracy of any information contained in a certified boat listing and only the manufacturer or dealer that certifies a boat is responsible for the decision to certify that boat. You should familiarize yourself with the terms of the applicable certification program before buying any certified boat.
Boat-chek.com is an online advertising resource only. Ads purchased on Boat-chek.com do not appear in magazines.
3. Links to Other Sites
For your convenience, we make available a variety of links to other websites that we don't operate where you can obtain boat related products and services, including insurance, warranties, financing and inspection and survey services. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. Boat-chek.com is not responsible for the products or services these vendors provide. If you choose to purchase an inspection or survey through such a third-party website, remember that an inspection or survey is not a warranty. Although inspections and surveys can be of significant value in the purchase of a pre-owned boat, an inspection is not a guarantee that the inspected boat is free from defects or that the inspectors have identified all existing defects. Before you purchase inspection or survey services, you should confirm with the inspector or surveyor the location at which the inspection will be conducted, the scope and price of the inspection, and any other information you consider important to your decision. You are responsible for coordinating and arranging for the inspection. You release Boat-chek.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.
For your convenience, we make available links to websites operated by boat dealerships that list their boats in our online classifieds. Although we may power some of these dealer websites, we are not responsible for any of the content that appears on these sites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our site, or that may be accessible through a link from our site, and you release Boat-chek.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.
4. Ownership and Permissions
Boat-chek.com is made available for your personal, non-commercial use only. The materials on this site are the property of Boat-chek.com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on Boat-chek.com should be sent to our Customer Service Manager, Buyboatnow.com, Inc., 1748 Independence Blvd, Suite F-6, Sarasota, Florida 34234
You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Buyboatnow.com, Inc., Boat-chek.com or any of its affiliates. However, without the prior written permission of Buyboatnow.com, Inc., you may not frame any of the content of Boat-chek.com, nor incorporate into another website or other service any intellectual property of Boat-chek.com or its licensors. Requests for permission to frame our content may be sent our Customer Service Manager, either by email or at the address above.
Boat-chek.com® and the Boat-chek.com logo, Buyboatnow.com® and the Buyboatnow.com logo, are all trademarks of Buyboatnow.com, Inc. The names of other products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on Boat-chek.com without the prior written consent of the owner of the mark. All contents of this site are: Copyright 2005 Buyboatnow.com, Inc. and/or its licensors. All rights reserved.
You will not use Boat-chek.com to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting material to Boat-chek.com, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner. By submitting material to Boat-chek.com you are permanently granting Buyboatnow.com, Inc., and Boat-chek.com all rights to the material, including the right to modify the material, to use it commercially, and to maintain the material in an archive.
5. Disclaimer of Warranties and Limitation of Liability
IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." BUYBOATNOW.COM, INC., BOAT-CHEK.COM AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL BUYBOATNOW.COM, INC., BOAT-CHEK.COM OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO, FROM, OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF BUYBOATNOW.COM, INC., BOAT-CHEK.COM AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
To obtain access to certain Boat-chek.com services, you will be given an opportunity to register with Boat-chek.com. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name or password that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing Boat-chek.com through any username/password assigned to you. You will notify Boat-chek.com's Customer Service Manager of any known or suspected unauthorized use of your account.
No spamming or data scrapping. We want potential buyers visiting Boat-chek.com to feel free to share their email addresses with those listing boats for sale on our site. By listing a boat for sale on this site, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that boat. By using this website, you agree not to use information concerning other users of Boat-chek.com, or the boats they have listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed boat.
This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of Florida. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Sarasota County, Florida and the Middle District of Florida, respectively, in all disputes arising out of or relating to this Agreement or use of this website.