1. Acceptance of Terms

These Terms of Use govern your access to and use of BoatWinds websites, mobile experiences, APIs, and related services (collectively, the "Services"). By using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility and Accounts

You must be at least 18 years old and legally able to form a binding contract to use the Services. You are responsible for maintaining account credentials, account activity, and accurate profile information.

3. Marketplace Role

BoatWinds operates a marketplace for boat buyers, sellers, and dealers. BoatWinds is not the seller, broker, lender, insurer, transporter, or title agent for marketplace transactions unless explicitly stated in a separate written agreement.

4. Listings and User Content

You are solely responsible for listings, descriptions, media, pricing, and claims you publish. You represent that your content is accurate, lawful, and does not violate rights of others.

You grant BoatWinds a non-exclusive, worldwide, royalty-free license to host, reproduce, display, distribute, and adapt your content to operate, promote, and improve the Services.

5. Prohibited Conduct

• Posting false, misleading, fraudulent, or duplicate listings.
• Using bots, scraping tools, or automated extraction of marketplace data without written approval.
• Attempting to probe, bypass, or disrupt security or platform integrity.
• Uploading malware or content that is unlawful, infringing, or abusive.
• Impersonating another person, business, or dealer organization.

6. Fees and Payments

Paid features, listing plans, and promotional products are billed according to your selected package. Except where required by law, fees are non-refundable once the service is delivered. You are responsible for taxes, bank fees, and third-party processing costs.

7. Communications and Messaging

You consent to receive transactional communications related to account security, listings, inquiries, payments, and legal notices. Marketing communications may be managed through unsubscribe settings when available.

8. Third-Party Services

The Services may include links or integrations for financing, insurance, valuation tools, maps, and payment providers. These are offered by third parties under their own terms and policies. BoatWinds is not responsible for third-party services or outcomes.

9. Intellectual Property

BoatWinds trademarks, logos, software, text, and design elements are protected by intellectual property laws. You may not copy, reverse engineer, distribute, or create derivative works from platform content except as permitted by law or written consent.

10. Disputes and Arbitration

Before filing a formal claim, you agree to attempt informal resolution by contacting us through Support. If unresolved, disputes may be resolved by binding arbitration on an individual basis, except where prohibited by law. Class or representative actions are not permitted to the fullest extent legally allowed.

11. Disclaimers

The Services are provided "as is" and "as available." BoatWinds does not guarantee listing accuracy, vessel condition, legality, merchantability, fitness for a particular purpose, financing approval, or transaction completion.

12. Limitation of Liability

To the maximum extent allowed by law, BoatWinds and its affiliates are not liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, data, goodwill, or business interruption.

13. Indemnification

You agree to defend, indemnify, and hold harmless BoatWinds and its affiliates from claims, damages, liabilities, and expenses arising out of your content, conduct, transactions, or violation of these Terms.

14. Suspension and Termination

BoatWinds may remove content, restrict features, suspend accounts, or terminate access at any time for policy violations, fraud signals, legal risk, misuse of platform systems, or operational reasons.

15. Governing Law and Changes

These Terms are governed by applicable U.S. law and controlling state law provisions as required. We may revise these Terms at any time by posting an updated version with a revised effective date. Continued use after updates means you accept the revised Terms.

16. Contact

Questions about these Terms of Use can be sent via BoatWinds Contact.