Bid Terms & Conditions [Effective May 27, 2019]
By submitting a completed form in connection with this silent auction for a sponsored result on Boatsetter.com, you agree to the following additional terms for Boatsetter's Sponsored Fleet Program (referred to herein as "Program").
Capitalized terms that are undefined in Boatsetter's Terms of Service have the meanings set forth herein.
In the event of conflict or inconsistency between these Terms and Conditions in connection with the Program and the Boatsetter Terms of Service, the order of precedence will be: Terms of Service, these Bid Terms and Conditions.
The Program is designed to decide which Boat Listings will appear on the home page, as a sponsored listing, for a specific district as well as include a "Fleet of the month" flag on the Listing. A brief explanation:
Specific Terms and Conditions Follow
A.Bid: As an advertiser, you submit a Bid as part of the auction, the Bid represents the maximum price you are willing to pay for the identified promotion of the Listing for a specific month.
B.Obligation: You are solely responsible for the submission of your Bid as well as the Listing.
C.Content Usage: You authorize Boatsetter to (a) reproduce, publicly perform, publicly display, and transmit the materials you provide to us in connection with this program and (b) reformat, edit, modify, aggregate, and create derivative works of your Boat Listing materials for display on Boatsetter.com.
D.Data Usage:
a.Boatsetter may (a) inform bidders of your participation in the Program; and (b) share with others specific statistics and related information collected by Boatsetter as part of its operation of the auction in connection with Program; and
b.Boatsetter may disclose aggregate data to bidders, advertisers, and other third parties participating in the Program;
c.Each party will comply with the privacy terms set forth at the following link: https://www.boatsetter.com/legal/privacy_policy which may be updated from time to time.
E.Payment: You will pay the amount identified in your Bid, provided you are selected as a winner for a particular district, within days of the submission. Neither of us is liable for any taxes the other is obligated to pay. You will pay any sales, value added, stamp, or similar taxes that are permitted to be collected under applicable law.
F.No Warranties; Limitation of Liability: Boatsetter makes no representations about the quality or availability of the Program and excludes all warranties and guarantees (express, implied, statutory, or otherwise, including those of merchantability, fitness for a particular purpose, non-infringement, and workmanlike effort) to the greatest extent allowed under applicable law. You access and use of the Program is entirely at your own risk. All aspects of our performance and services are "as is," "with all faults," and "as available." To the greatest extent allowed under applicable law, neither party is liable for any special, incidental, consequential, exemplary, punitive, or other indirect damages related to these Terms and Conditions (including for loss of data or profits), foreseeable or not, regardless of the theory of liability. The maximum, aggregate liability of either party to the other, and all third parties for all claims related to this Agreement is limited to $100. Nothing in this Section applies to your payment obligations or either parties' liability from fraud or gross negligence.
G.Indemnity: You will defend and indemnify Boatsetter (and its directors, officers, employees, affiliates, and agents) from and against all claims, demands, suits, or other assertions of rights by any third party (including, if you are a company entering into this agreement on behalf of an advertiser, the advertiser), and all resulting judgments, settlements, and expenses (including attorneys' fees and costs), that arise out of or relate to your advertising materials, your use of the Program, or your breach of these Terms and Conditions.
All other conditions and terms remain valid as set forth in Boatsetter's Terms of Service found here: https://www.boatsetter.com/legal/terms_of_service