Terms of Service

Welcome to SportFishTrader ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of sportfishtrader.com (the "Platform"), including any content, functionality, and services offered on or through the Platform.

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy.If you do not agree to these Terms, you must not access or use the Platform.

1. Eligibility and Account Registration

1.1 Age Requirement

You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

1.2 Account Creation

To access certain features of the Platform, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept all responsibility for activities that occur under your account
• Notify us immediately of any unauthorized use of your account

1.3 Account Types

We offer different account types, including:

• Individual Users: For buyers browsing and purchasing boats
• FSBO (For Sale By Owner): For private sellers listing their boats
• Brokers: For licensed marine brokers managing listings
• Brokerages: For marine brokerage businesses

Additional verification, credentials, or documentation may be required for broker and brokerage accounts.

2.1 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal or business purposes related to buying, selling, or browsing offshore fishing boats.

2.2 Prohibited Uses

You agree not to:

• Use the Platform for any illegal purpose or in violation of any local, state, national, or international law
• Violate or infringe upon the rights of others, including intellectual property rights
• Transmit any harmful, threatening, abusive, harassing, defamatory, or obscene content
• Impersonate any person or entity, or falsely state or misrepresent your affiliation
• Interfere with or disrupt the Platform or servers or networks connected to the Platform
• Use any automated system (bots, scrapers, crawlers) without our express written permission
• Collect or harvest personal information of other users
• Reverse engineer, decompile, or disassemble any part of the Platform
• Circumvent any security features or access restrictions
• Upload viruses, malware, or any malicious code

2.3 API Usage

If you use our API services, you must comply with our API documentation and guidelines. API access is subject to rate limits and usage restrictions. We reserve the right to revoke API access at any time for violations of these Terms.

3. Listings and Marketplace

3.1 Creating Listings

When creating a boat listing, you represent and warrant that:

• You have the legal right to sell or list the boat
• All information provided is accurate, complete, and not misleading
• The boat complies with all applicable laws and regulations
• All photographs and descriptions are truthful and accurate
• You will not engage in fraudulent, deceptive, or unfair trade practices

3.2 Listing Content

You retain ownership of the content you submit to your listings. However, by posting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content on the Platform and in our marketing materials.

3.3 Platform Role

Important: SportFishTrader is a marketplace platform that connects buyers and sellers. We are not a party to any transactions between users. We do not:

• Own, sell, or broker boats listed on the Platform
• Verify the accuracy of listings or user information
• Guarantee the quality, safety, or legality of boats listed
• Participate in negotiations or transactions between buyers and sellers
• Handle payments for boat purchases (only subscription and listing fees)

3.4 User Responsibility

You are solely responsible for conducting your own due diligence, inspections, surveys, and verifications before entering into any transaction. We strongly recommend:

• Professional marine surveys
• Sea trials
• Title searches
• Verification of ownership and liens
• Review of all documentation

4.1 Service Fees

Certain features and services on the Platform require payment, including but not limited to:

• Subscription plans (FSBO, Broker, Brokerage tiers)
• Featured listings and premium placements
• Additional listing slots
• Professional photography services (Voyage Photography)
• API access and usage

4.2 Payment Processing

All payments are processed securely through our third-party payment processor, Stripe. By making a payment, you agree to Stripe's terms and conditions. You authorize us to charge your payment method for all applicable fees.

4.3 Subscriptions

• Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless canceled
• Cancellation: You may cancel your subscription at any time through your account settings
• Refunds: Subscription fees are non-refundable except as required by law or as specified in our refund policy
• Price Changes: We reserve the right to change subscription prices with 30 days notice

4.4 Grandfathered Users

Users who registered before certain dates may be eligible for grandfathered pricing or benefits. These benefits remain valid until the specified deadline and are subject to the terms communicated at the time.

4.5 Taxes

You are responsible for all applicable taxes associated with your use of the Platform. Prices displayed do not include applicable sales tax, VAT, or other taxes unless specified.

5. Auctions

5.1 Auction Participation

Our Platform may offer auction services for boat listings. By participating in an auction, you agree to:

• Bid only if you have the intent and ability to complete the purchase
• Honor all bids placed (bids are binding offers)
• Complete the transaction if you are the winning bidder
• Pay any applicable buyer's premiums or fees

5.2 Reserve Prices

Sellers may set reserve prices. If the reserve is not met, the seller is not obligated to sell the boat to the highest bidder.

5.3 Auction Disputes

We reserve the right to cancel or void auctions, remove bids, or ban users for fraudulent or suspicious activity. Our decisions regarding auction disputes are final.

6. Intellectual Property Rights

6.1 Our Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SportFishTrader, The Marine Legacy Group, or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Trademarks

SportFishTrader, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SportFishTrader or The Marine Legacy Group. You may not use these marks without our prior written permission.

6.3 User Content

You retain ownership of content you submit. However, by posting content, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Platform.

6.4 DMCA Compliance

We respect intellectual property rights. If you believe content on our Platform infringes your copyright, please contact us at contact@sportfishtrader.com with:

• Identification of the copyrighted work
• Location of the infringing material on our Platform
• Your contact information
• A statement of good faith belief
• A statement under penalty of perjury that the information is accurate
• Your physical or electronic signature

7. Third-Party Services and Links

The Platform may contain links to third-party websites, services, or advertisements that are not owned or controlled by SportFishTrader. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Third-party services integrated into our Platform include:

• Payment Processing: Stripe
• Photography Services: Voyage Photography
• Financing Partners: Various marine financing providers
• Analytics: Google Analytics

Your use of third-party services is subject to their respective terms and conditions.

8.1 No Warranties

We do not warrant that:

• The Platform will be uninterrupted, secure, or error-free
• The results obtained from use of the Platform will be accurate or reliable
• The quality of any products, services, information, or other material obtained through the Platform will meet your expectations
• Any errors in the Platform will be corrected

8.2 Limitation of Liability

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

8.3 Boat Transactions

We are not responsible for:

• The accuracy, quality, safety, or legality of boats listed
• The truth or accuracy of listings or user content
• The ability of sellers to sell boats
• The ability of buyers to complete purchases
• Disputes between buyers and sellers
• Damage to or loss of boats during inspection, sea trial, or delivery
• Title issues, liens, or encumbrances

9. Indemnification

You agree to defend, indemnify, and hold harmless SportFishTrader, The Marine Legacy Group, and our officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Platform
• Your violation of any rights of another
• Your content or listings posted on the Platform
• Any transactions or disputes with other users

10.1 Termination by You

You may terminate your account at any time by contacting us at contact@sportfishtrader.com or through your account settings. Termination does not relieve you of any obligations for fees incurred before termination.

10.2 Termination by Us

We may suspend or terminate your account and access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent, abusive, or illegal activity
• Providing false or misleading information
• Violation of intellectual property rights
• Engaging in activity that harms other users or the Platform
• Non-payment of fees

10.3 Effect of Termination

Upon termination:

• Your right to use the Platform will immediately cease
• We may delete your account and content
• All provisions of these Terms that by their nature should survive termination shall survive
• You remain liable for all fees and charges incurred before termination

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Platform, you consent to our collection and use of personal data as outlined in the Privacy Policy.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on the Platform
• Updating the "Last Updated" date
• Sending you an email notification (for material changes)

Your continued use of the Platform after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Platform.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of [State to be specified], without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [Jurisdiction to be specified], and you consent to personal jurisdiction in such courts.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at contact@sportfishtrader.com. We will attempt to resolve the dispute informally within 60 days.

14.2 Arbitration Agreement

If we cannot resolve the dispute informally, you and SportFishTrader agree to resolve any claims relating to these Terms or the Platform through final and binding arbitration, except as provided below.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

14.4 Exceptions

Either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SportFishTrader regarding the Platform.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15.6 Notice

Notices to you may be made via email or regular mail. The Platform may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Platform.

16. Contact Information

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