Last updated: October 8, 2025
These Terms & Conditions (the “Terms”) govern your access to and use of the 1000Yachts platform, websites, applications, and related services (collectively, the “Services”). “1000Yachts,” “we,” “us,” or “our” refers to the owner/operator of the Services. “User,” “you,” or “your” refers to any visitor or account holder, including brokers, agents, sellers, buyers, and viewers. By accessing or using the Services, you agree to be bound by these Terms.
These Terms include a mandatory Arbitration Agreement and Class Action Waiver (see Section 17). If you do not agree, do not use the Services.
1.1 Eligibility. You must be at least 18 years old and capable of forming a binding contract to use the Services. Certain features (e.g., listing brokerage services) may require you to be a licensed broker/agent where required by law.
1.2 Account Registration. You must provide accurate, current, and complete information and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
1.3 Representatives. If you register or use the Services on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.
2.1 Marketplace & Advertising Platform. 1000Yachts is a technology platform that provides listing, search, and advertising tools for boats and related services. We are not a party to any transaction between buyers and sellers and do not broker, sell, purchase, finance, insure, survey, repair, transport, or guarantee vessels.
2.2 No Fiduciary Duties. We do not act as your broker, agent, or fiduciary. Any negotiations, contracts, payments, inspections, surveys, sea trials, title transfer, taxes, registrations, and compliance obligations are solely between the buyer and the seller (and their respective professional advisors).
2.3 Third-Party Services. The Services may reference or integrate third parties (e.g., payment processors, surveyors). We do not control, endorse, or assume responsibility for third-party services or content. Third-party terms and privacy policies apply to your use of those services.
3.1 Truthful & Lawful Content. You are responsible for all information you submit, including listings, images, descriptions, pricing, specifications, credentials, testimonials, and communications. You must ensure your content is accurate, lawful, not misleading, and does not infringe third-party rights.
3.2 Licensing & Compliance. Brokers and agents must hold and maintain all required licenses, bonds, and permits, and comply with all applicable laws and MLS/association rules. You must accurately represent your licensing status.
3.3 Prohibited Conduct. You agree not to:
3.4 Inspections & Surveys. Buyers are solely responsible for conducting independent inspections, surveys, sea trials, lien/title checks, and due diligence before any transaction.
4.1 Your Content. You retain ownership of your content. By submitting, posting, or displaying content on or through the Services, you grant 1000Yachts a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, reproduce, modify (for formatting/display), publish, distribute, syndicate, and display such content in connection with operating, marketing, and improving the Services. This license continues for commercially reasonable archival/backup purposes after removal.
4.2 Syndication. To increase exposure, we may syndicate listings to affiliate networks, search engines, or social channels. You may opt out where available; opting out may reduce distribution.
4.3 Rights & Permissions. You represent and warrant you have all necessary rights, permissions, and consents to grant the foregoing license and that your content complies with these Terms and all applicable laws.
4.4 Removal. We may remove or disable content that violates these Terms or legal requirements, or to protect users and the platform.
5.1 Plans & Pricing. Certain Services require a paid subscription or other fees (e.g., listing packages, featured placements). Prices and features may change; continued use after changes take effect constitutes acceptance.
5.2 Automatic Renewal. Subscriptions automatically renew at the then-current rate unless canceled per Section 5.4. We may send reminders or renewal notices as a courtesy.
5.3 Billing Cycle. Unless stated otherwise, billing occurs in monthly cycles. Advertising Services are space allocations reserved for the entire billing period. There are no mid-cycle or prorated cancellations or refunds.
5.4 Cancellation. You may cancel at any time via your account settings. Cancellations take effect at the end of the current billing cycle; you remain responsible for charges through that date. Access to paid features continues until the cycle ends.
5.5 Free Trials & Promotions. Free or promotional periods may be offered at our discretion, limited in duration (e.g., up to 90 days), and subject to eligibility. One promotional subscription may be active per brokerage account at a time. At the end of a promotional period, the subscription converts to a paid plan unless canceled. If we detect abuse or ineligibility, we may revoke or adjust promotional access.
5.6 Payment Processing. Payments are processed by third-party providers (e.g., Stripe). By paying, you agree to their terms and authorize recurring charges to your selected payment method until cancellation. You must maintain a valid payment method and resolve failed payments promptly.
5.7 Taxes & Charges. Fees are exclusive of applicable taxes, duties, and governmental charges, which you are responsible to pay.
5.8 Chargebacks. Disputes should be raised with us first. Unfounded chargebacks may result in suspension or additional fees.
6.1 Our IP. The Services, including software, design, logos, “Find your boat, your way.”, and other marks, are owned by 1000Yachts or its licensors and are protected by intellectual property laws. Except as expressly permitted, you may not use our IP without written consent.
6.2 Feedback. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit it without restriction.
7.1 Privacy Policy. Our collection and use of personal data are described in our Privacy Policy, which is incorporated by reference. By using the Services, you consent to those practices.
7.2 Communications. You consent to receive transactional and account-related communications. Marketing emails require your consent where required by law; you may opt out at any time.
7.3 Data Security. We implement reasonable administrative, technical, and physical safeguards. No system is perfectly secure. You are responsible for securing your account, devices, and network.
8.1 DMCA Notices. If you believe content infringes your copyright, send a DMCA notice including: (a) your contact info; (b) identification of the copyrighted work; (c) identification of the material claimed to be infringing; (d) a statement of good-faith belief; (e) a statement under penalty of perjury; and (f) your signature.
8.2 Counter-Notice. If your content was removed in error, you may submit a counter-notice with the information required by law.
8.3 Repeat Infringers. We may terminate accounts of repeat infringers in appropriate circumstances.
9.1 As-Is. The Services and all content are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement.
9.2 Listings & Third Parties. We do not warrant the accuracy, completeness, availability, or reliability of listings or third-party content/services. Prices, specifications, and availability are subject to change without notice.
9.3 No Guarantee of Outcomes. We do not guarantee leads, sales, exposure levels, search ranking, or any specific results.
To the fullest extent permitted by law, 1000Yachts and its affiliates, officers, employees, agents, partners, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, goodwill, data, or other intangible losses, arising from or related to your use of (or inability to use) the Services, even if advised of the possibility of such damages. Our aggregate liability for all claims arising out of or related to the Services shall not exceed the greater of (a) the amount you paid to us for the Services in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).
Some jurisdictions do not allow limitations of liability; some or all of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless 1000Yachts and its affiliates, officers, employees, agents, partners, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your content; (b) your use or misuse of the Services; (c) your violation of these Terms; (d) your violation of any law or third-party rights; or (e) your transactions with other users.
We may suspend or terminate your access to the Services, remove content, and/or deactivate your account if we reasonably believe you violated these Terms, created risk or legal exposure for us or others, failed to pay fees when due, or for routine maintenance or upgrades. Upon termination, Sections 2, 4, 6, 7, 9–19 survive.
We may modify, suspend, or discontinue all or part of the Services at any time, with or without notice. We will endeavor to avoid material disruptions.
We may update these Terms from time to time. If we make material changes, we will provide notice (e.g., by email or in-product). Updates become effective when posted unless otherwise stated. Your continued use constitutes acceptance of the updated Terms.
You are responsible for compliance with local laws and regulations. We make no representation that the Services are appropriate or available for use in all locations.
You represent that you are not located in, under the control of, or a national/resident of any country or party subject to U.S. embargoes or sanctions, and you agree to comply with applicable export control and sanctions laws.
17.1 Informal Resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at customerservice@1000yachts.com and providing a brief written description of the dispute. If we cannot resolve within 30 days, either party may commence arbitration.
17.2 Arbitration. You and 1000Yachts agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will occur in Laramie County, Wyoming, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
17.3 Class Action Waiver. You and 1000Yachts agree that each may bring claims only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
17.4 Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to customerservice@1000yachts.com.
17.5 Small Claims; Injunctive Relief. Either party may seek relief in small claims court for qualifying claims or seek injunctive relief in court to stop misuse of intellectual property or the Services.
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of laws principles. Subject to Section 17, exclusive venue for any permitted court action shall be the state or federal courts located in Joseph C. O'Mahoney Federal Center 2120 Capitol Avenue, Room 2131. Cheyenne, WY 82001 and you consent to personal jurisdiction there.
19.1 Entire Agreement. These Terms, any order forms, and policies referenced herein constitute the entire agreement between you and 1000Yachts regarding the Services.
19.2 Severability. If any provision is held invalid, the remainder will remain in full force and effect.
19.3 No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
19.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
19.5 Notices. We may provide notices by email, in-product messaging, or posting to the Services. Legal notices to us must be sent to:
Legal Department
1000 Yachts Marketing, Inc.
1621 CENTRAL AVE # 48381
CHEYENNE WY 82001-4531, USA
and customerservice@1000yachts.com.
Questions about these Terms? Contact us at:
1000 Yachts Marketing, Inc.
1621 CENTRAL AVE # 48381
CHEYENNE WY 82001-4531, USA
customerservice@1000yachts.com
Phone number: (954) 866-1123
• Advertising Space Allocation. Listing plans and featured placements are advertising space allocations for the full billing cycle. There are no prorated refunds for mid-cycle cancellations. Cancellations take effect at the end of the cycle.
• Promotional Periods. Promotional or free access may be limited, is non-transferable, and may convert to paid unless canceled before the promotional period ends. One promotional subscription may be active per brokerage account at a time.
• Independent Due Diligence. Buyers and sellers are solely responsible for inspections, surveys, lien checks, taxes, registrations, and compliance with maritime and local laws.
End of V1
The following additions are incorporated into the Terms & Conditions without altering any existing clauses above.
21.1 Consent to Electronic Communications. You consent to receive disclosures, notices, agreements, and communications electronically (email, in-product messages, SMS for multi-factor authentication or if you opt-in to marketing texts). Electronic communications satisfy any legal requirement that such communications be in writing.
21.2 Withdrawing Consent. You may withdraw consent to marketing communications at any time via unsubscribe links or by contacting support. If you withdraw consent to essential transactional communications (e.g., invoices, security alerts), we may be unable to provide the Services.
21.3 Electronic Signatures. You agree that your clicks, taps, typed names, and other electronic acceptances are “signatures” and create binding agreements to the fullest extent permitted by law.
22.1 Unique Credentials. Accounts are for a single user or entity. Credential sharing outside your organization (or beyond your authorized users) is prohibited.
22.2 Security. You must promptly notify us of any suspected unauthorized use or security breach. We may, in our discretion, place accounts on hold, require re-verification, or suspend access to protect you and the platform from suspected fraud or abuse.
23.1 No Endorsement. The Services may link to third party websites or display third party content. We do not control or endorse, and are not responsible for, third party sites, content, policies, or practices. Access is at your own risk.
23.2 Separate Terms. Your use of third party services is governed by those parties’ terms and privacy policies.
24.1 Community Areas. If the Services provide forums, chats, messaging, comments, reviews, or similar features (“Community Areas”), you are solely responsible for your submissions. Do not post unlawful, infringing, misleading, defamatory, obscene, or abusive material.
24.2 Moderation. We may (but have no obligation to) monitor, remove, refuse, or edit content in Community Areas at our discretion to enforce these Terms or applicable law.
24.3 License for Community Submissions. To operate and improve the Services, you grant us a non exclusive, worldwide, royalty free license to host, store, reproduce, adapt (for formatting), publish, display, and distribute Community submissions, consistent with Section 4.
24.4 Public Nature. Content in Community Areas may be public; do not submit confidential or proprietary information there.
Any promotions we offer may be governed by separate official rules. If there is a conflict between such rules and these Terms, the promotion rules control for that promotion.
We may display third party advertisements or sponsored content. We provide space only and do not endorse products or services advertised. Dealings with advertisers are solely between you and the advertiser.
27.1 Programs. We may offer SMS programs for account security (e.g., verification codes) and, with your express consent, for marketing updates.
27.2 Consent & Opt Out. By opting in, you authorize us to send texts to the phone number you provide. Message frequency varies. You can opt out at any time by replying STOP. For help, reply HELP or contact support.
27.3 Charges & Carriers. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
27.4 No Emergencies. SMS is not for emergency use.
You may not post, purchase, sell, or otherwise transact in connection with vessels, goods, or services that would violate U.S., U.K., E.U., or other applicable sanctions or export control laws (including dealings involving comprehensively sanctioned countries/regions or restricted parties). We may remove or disable volatile listings or accounts and cooperate with authorities.
29.1 No Automated Access. Except with our written permission, you may not use robots, spiders, scrapers, crawlers, or similar tools to access, extract, copy, or monitor the Services or content; perform automated form submissions; or circumvent rate limits or technical protections.
29.2 No Framing/Hidden Text. You may not frame the Services, use hidden text or meta tags incorporating our marks, or create derivative interfaces.
29.3 Search Engine Exception. General purpose public search engines may use automated tools to index publicly available pages solely to provide hyperlinks to the Services, provided they do so in accordance with our robots.txt, from a stable IP range with an identifiable agent, and without materially impacting our infrastructure.
29.4 Service Protection. We may monitor, throttle, block, or take legal action (including injunctive relief) to prevent or address abusive access that degrades or risks the platform.
We may (without obligation) monitor the Services for violations, refuse or restrict access, remove files or content that are excessive in size or burdensome, and take actions necessary to protect our rights and ensure proper operation. The Services may be upgraded or temporarily unavailable from time to time.
Information on the Services may contain typographical errors, inaccuracies, or omissions (including availability, descriptions, pricing). We reserve the right to correct any errors or omissions and to change or update information at any time.
Under California Civil Code §1789.3, users in California are entitled to the following consumer rights notice: If you have a complaint, you may contact us at customerservice@1000yachts.com. You may also contact the California Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; phone (800) 952 5210.
End of V2 Additions.
The following additions are incorporated into the Terms & Conditions without altering any existing clauses above.
33.1 Scope of Arbitration Agreement. If you reside in the United States, you agree that any disputes or claims arising between you and 1000Yachts shall be resolved exclusively through binding individual arbitration, not in court, except for small claims court, as specified in Section 17 of the Terms. You waive your right to participate in class actions, class arbitrations, or any other representative actions.
33.2 Informal Resolution. Before initiating arbitration, both parties agree to attempt to resolve disputes informally via written notice and, if necessary, a telephone conference.
33.3 Arbitration Rules and Forum. The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration location will be Laramie County, Wyoming. For claims under $10,000, arbitration may occur by phone or written submissions.
33.4 Waiver of Jury Trial. By agreeing to binding arbitration, you waive any right to a jury trial for claims covered by this Arbitration Agreement.
33.5 Opt-Out. You may opt out of this Arbitration Agreement by sending a written notice to 1000Yachts within 30 days of accepting the Terms. Please follow the procedures outlined in the Arbitration Agreement to properly opt-out.
33.6 One-Year Limitations Period. Claims against 1000Yachts must be brought within one year of when you first become aware of the facts giving rise to the claim.
34.1 Use of Stripe Services. By using the Consumer Services (such as Link, Financial Connections, and Identity), you agree to the terms and conditions described by Stripe. Stripe’s role in transactions is limited to processing payments and does not extend to product disputes or delivery issues.
34.2 Privacy and Data Sharing. Stripe may collect personal and financial data to facilitate payments and services. By using the services, you consent to Stripe’s Privacy Policy and acknowledge that Stripe may transfer your data for fraud prevention and service improvements.
34.3 Account Security. You are responsible for the security of your Stripe account information and must promptly report any unauthorized use to Stripe support.
34.4 Financial Connections Terms. When connecting your U.S. financial accounts through Stripe's Financial Connections service, you agree to share relevant account information with Business Users for payment processing and fraud prevention.
34.5 Updating or Terminating Your Link Account. You can terminate your Link account at any time by following the instructions provided by Stripe. Upon termination, your Saved Information will be deleted in accordance with Stripe’s Privacy Policy.
34.6 Unauthorized Transactions and Error Resolution. If you experience unauthorized transactions or errors related to your Link account, Stripe offers protections for U.S. consumers and provides a process to resolve errors within 60 days. Please contact Stripe directly.
35.1 Termination by Us: We may terminate or suspend access to the Services if we determine you have violated these Terms or for any reason at our discretion, including failure to resolve payment issues or compliance violations.
35.2 Termination by You: You may terminate these Terms by deleting your account and ceasing to use the Services. If termination occurs, any obligations to pay fees and resolve disputes will survive.
36.1 Indemnification of Stripe and 1000Yachts: You agree to indemnify and hold harmless 1000Yachts and Stripe from any claims, liabilities, and expenses arising from your use of the Consumer Services or any dispute related to transactions made through Stripe.
37.1 Data Protection: Stripe implements robust security measures to protect your information. You are responsible for securing your account information and notifying Stripe of any unauthorized access immediately.
End of V3 Additions.
The following additions are incorporated into the Terms & Conditions without altering any existing clauses above.
38.1 Compliance with Chapter 326, F.S. Pursuant to the Florida Yacht and Ship Brokers' Act, any person or entity acting as a broker or salesperson for yachts (vessels exceeding 32 feet in length) in Florida must be licensed by the Department of Business and Professional Regulation (DBPR). 1000Yachts.com is a publisher of advertisements and is not a licensed broker.
38.2 Identification Requirements. All licensed Florida brokers using the Services must clearly identify their registered brokerage name in every listing. The use of "blind ads" containing only a phone number or email address without the licensed name of the brokerage is strictly prohibited under F.A.C. Rule 61B-60.008.
38.3 Escrow and Trust Funds. 1000Yachts.com does not maintain an escrow or trust account for vessel transactions. Florida law requires all deposits in a brokerage transaction to be held in a dedicated Florida bank escrow account by a licensed Employing Broker. 1000Yachts is not a party to these sales transactions.
39.1 California Yacht and Ship Brokers Act. Pursuant to California Harbors and Navigation Code §700-740, individuals acting as brokers or salespersons for used vessels 16 feet or longer (and under 300 gross tons) must be licensed by the California Division of Boating and Waterways.
39.2 Trust Fund Requirements. In accordance with California Law, 1000Yachts.com does not accept or hold funds in trust. All California-based brokers must comply with §714 regarding the handling of client deposits. 1000Yachts is not a party to these sales transactions.
39.3 Advertising Authority. Any user advertising a vessel in California for which they are not the legal owner represents and warrants that they have a written authorization to sell from the owner or a valid co-brokerage agreement, as required by California law.
End of V4 Additions.
The following additions are incorporated into the Terms & Conditions without altering any existing clauses above.
This agreement is a legally binding contract between you and 1000Yachts. Under 1000Yachts Rules, if a Participant is qualified to be a Yacht Broker Co-Brokerage Participant (YBCP), then the Participant is presumed to participate in the Yacht Broker Co-Brokerage Program as defined in the COVENANTS sections of this Agreement. By using the site and accessing the YBC Data, users agree to these conditions.
40.1 RECITALS. This AGREEMENT is made and entered into by and among 1000Yachts and the yacht brokerage firm (the "Firm"). By using the 1000Yachts platform and Services, Firm agrees to be bound by these conditions. Firm wishes to obtain, and 1000Yachts wishes to provide, certain vessel data for display on Firm's Web Site, including the listing data of other vessel brokerages participating in YBCP. Firm may wish to engage Consultants, i.e., other companies or individuals who are not employees of Firm, to perform data downloading, manipulation, and formatting, as well as programming and web design. Firm's covenants, defined below, extend to its Consultants.
40.2 DEFINITIONS. For purposes of this Agreement, the following terms shall have the meanings set forth below:
40.3 1000YACHTS' COVENANTS. During the term of this agreement, 1000Yachts grants to Firm a non-exclusive and limited license to display the YBC Data on Firm's Web Sites, and copy the YBC Data to the extent necessary to deliver the YBC Data to consumers from Firm's Web Site. During the term of this Agreement, 1000Yachts agrees to provide to Firm and its Consultants: access to the YBC Data via the Internet using HTTP Json API ("API"), or other method approved by 1000Yachts, under the same terms and conditions 1000Yachts offers to other YBCPs; seven (7) days' advance notice of changes to the file and record formats of the YBC Data; and seven (7) days' advance notice of changes to the Rules affecting Yacht Broker Co-Brokerage.
40.4 FIRM'S COVENANTS. Firm shall comply with the Rules at all times. Firm acknowledges and agrees that, as between Firm and 1000Yachts, individual Participant Firms own all Intellectual Property Rights in or to their individual YBC Data, excluding other Firm's Participant Data, and any other data, information or content accessible from the 1000Yachts Computer System. Firm shall not contest 1000Yachts or other Firm's Intellectual Property Rights claims nor assist others in doing so. Firm shall cooperate with 1000Yachts on reasonable terms and conditions in any efforts by 1000Yachts to enforce its Intellectual Property Rights against actual or potential infringers. Firm shall comply with the requirements relating to Confidential Information set forth below. In the event that Firm desires to make available to any third party the YBC Data other than as permitted by the Rules, or the Confidential Information, Firm shall require such third party to execute this Agreement and become a Consultant. If 1000Yachts notifies Firm of a breach of the Rules, or of this Agreement, and Firm does not immediately cure such breach, Firm agrees that 1000Yachts may seek cure from the Consultants, or any one of them. Firm agrees that 1000Yachts may immediately terminate the Firm's or the Consultant's access to the data feed, or the ability to frame the 1000Yachts Website, whichever is applicable, until the breach is cured. Firm shall notify 1000Yachts of any change to the information relating to Firm within five (5) business days after the facts giving rise to the change occur. Firm shall defend, indemnify and hold harmless 1000Yachts from any claims or demands asserted by third parties based upon Firm's display of YBC Data on the Firm Web Site, including any judgments, damages, interest, penalties, attorneys fees at all levels, and litigation costs and expenses. Firm shall allow privacy focused API usage tracking script to be included in APIs. Any resulting reports will not include any private information related to website visitors or IP addresses that could violate international privacy laws. Data gathered is for monitoring and reporting traffic levels and used for improving 1000Yachts offerings and performance levels.
40.5 FIRM'S CONSULTANT OBLIGATIONS. If 1000Yachts notifies Firm of a breach of the Rules or of this Agreement and Firm does not immediately cure such breach, 1000Yachts may require Consultant to cure any such breach that is within Consultant's control. Consultant agrees to cooperate with 1000Yachts and act immediately upon notification from 1000Yachts of an uncured breach. Consultant agrees that 1000Yachts may immediately terminate the Consultant's access to data feed, or the ability of the Consultant to frame the 1000Yachts Website, whichever is appropriate, until the breach is cured. Each Consultant acknowledges and agrees that, as between Consultant and 1000Yachts, 1000Yachts owns all Intellectual Property Rights in or to the YBC Data, the Participant Data, and any other data, information or content accessible from the 1000Yachts Computer System. Consultant shall not contest 1000Yachts' Intellectual Property Rights claims nor assist others in doing so. Consultant shall cooperate with 1000Yachts on reasonable terms and conditions in any effort by 1000Yachts to enforce its Intellectual Property Rights against actual or potential infringers. Each Consultant shall comply with the requirements relating to Confidential Information set forth below. Each Consultant shall notify 1000Yachts within five (5) business days of any change to the information relating to it.
40.6 CONFIDENTIAL INFORMATION. Each Consultant shall defend, indemnify and hold harmless 1000Yachts from any claims or demands by third parties arising from Consultant's access to and use of YBC Data on behalf of Firm, including any judgments, damages, interest, penalties, attorneys fees at all levels, and litigation costs and expenses. "Confidential Information" is information or material proprietary to 1000Yachts or designated "Confidential" by 1000Yachts and not generally known to the public, to which Firm or Consultants or any one of them (the "Receiving Party") may obtain access as a result of this Agreement. Confidential Information includes, but is not limited to, the following types of information and other information of a similar nature (whether in oral, visual, audio, written or other form):
The Confidential Information does not include information that is in the public domain at the time of disclosure; is known to the Receiving Party at the time of disclosure; is used or disclosed by the Receiving Party with the prior written consent of 1000Yachts, to the extent of such consent; becomes known to the Receiving Party from a source other than 1000Yachts without breach of this Agreement by the Receiving Party and provided that such source is not known by the Receiving Party to be bound by a confidentiality agreement with 1000Yachts; or is required to be disclosed by judicial order or other compulsion of law, provided that the Receiving Party provides to 1000Yachts prompt notice of any such order. The Receiving Party acknowledges that as between the Receiving Party and 1000Yachts, all Intellectual Property Rights in or to the Confidential Information remain at all times with 1000Yachts.
Restrictions on Use - Scope of Use. The Receiving Party will use or access the Confidential Information only as expressly permitted under this Agreement and the Rules and the Receiving Party will not use its access or the Confidential Information for any other purpose. The Receiving Party will employ measures to protect the Confidential Information from unauthorized disclosure to the same extent as it protects its own trade secrets, but in no event using less than reasonable care.
Restrictions on Use - Unauthorized Uses. The Receiving Party will not make copies of the Confidential Information. The Receiving Party will not directly or indirectly disclose, display, provide, transfer or otherwise make available the Confidential Information to any person or entity, unless the Receiving Party has received prior written consent of 1000Yachts, which 1000Yachts may grant, condition or withhold in its sole discretion. At no time and under no circumstances will the Receiving Party reverse engineer, decompile, or disassemble any software constituting or containing any Confidential Information. The Receiving Party will not incorporate the Confidential Information into any other work or product.
Restrictions on Use - No Third Party Access. Only the Receiving Party's own employees will access the Confidential Information. The Receiving Party will not provide access to the Confidential Information to third parties, including consultants or independent contractors, without prior written consent from 1000Yachts, which 1000Yachts may grant, withhold or condition in its sole discretion. If 1000Yachts grants consent, the Receiving Party will execute an agreement with the third party that imposes on the third party a confidentiality obligation that is at least as strict as is imposed by this Agreement on the Receiving Party.
Restrictions on Use - Location restriction. The Receiving Party will not remove the Confidential Information from its principal place of business without 1000Yachts' prior written consent, which 1000Yachts may grant, condition or withhold in its sole discretion. In the event 1000Yachts grants such consent, the Receiving Party is not relieved of any of its obligations under this Agreement.
Termination and Return of Materials. Within five (5) days of the end of the term of this Agreement or receipt of notice of termination from 1000Yachts, the Receiving Party will return to 1000Yachts all Confidential Information and all other materials provided by 1000Yachts to the Receiving Party. The Receiving Party will also erase, delete, or destroy any Confidential Information stored on magnetic media or other computer storage, including system backups. An officer of the Receiving Party will certify in writing that all materials have been returned to 1000Yachts and all magnetic or computer data have been destroyed.
40.7 TERM AND TERMINATION. The term of this Agreement begins upon the Firm's or Consultant's access or use of the 1000Yachts Computer System or YBC Data. 1000Yachts has the right at any time and in its sole discretion to terminate this Agreement. This Agreement shall terminate upon the occurrence of any of the following events: 1000Yachts' notice to Firm that this Agreement is terminated; Firm's notice to 1000Yachts that it no longer intends to display YBC Data on its web site; Termination by 1000Yachts of Firm's privileges as a Participant; The Participating Firm's failure to remain eligible for Member Listing Service services; The Participant's failure to remain eligible to be a YBC Participant.
40.8 GENERAL PROVISIONS. Survival of Obligations: The Firm's and Consultant's Covenants shall survive the termination or expiration of this Agreement. 1000Yachts' Remedies: Because of the unique nature of the Participant Data and Confidential Information, Firm and Consultants acknowledge that 1000Yachts would suffer irreparable harm in the event any of them breach their obligations under this Agreement, and that monetary damages would be inadequate to compensate 1000Yachts for such a breach. 1000Yachts is therefore entitled, in addition to all other forms of relief, to temporary or permanent injunctive relief as may be necessary to restrain any continuing or further breach by Firm or Consultants, or any one of them, without the need to show that its remedies at law are inadequate. Attorney's fees: If 1000Yachts prevails in any action to enforce or interpret this Agreement or any provision hereof, 1000Yachts shall be entitled to an award of its reasonable attorney's fees and costs in such action. Limitation of Liability: 1000Yachts shall not be liable to Firm or Consultant for damages of any type under this Agreement, whether in contract or tort. Firm's and Consultant's only remedy shall be termination of this Agreement. Notice: All notices to be given under this Agreement shall be mailed, sent via facsimile transmission, or electronically mailed to the parties at their respective addresses or such other address of which any party may advise the others in writing during the term of this Agreement. No Waiver: No waiver or modification of this Agreement or any of its terms is valid or enforceable unless reduced to writing and signed by the party who is alleged to have waived its rights or to have agreed to a modification. Assignment: Neither Firm nor Consultants, nor any of them, may assign or otherwise transfer any of their rights under this Agreement to any party without the prior written consent of 1000Yachts. Entire Agreement: This Agreement contains the full and complete understanding of the parties regarding the subject matter of this Agreement and supersedes all prior representations and understandings whether oral or written. The previous sentence notwithstanding, the Rules are expressly incorporated into this Agreement by reference. Applicable law: This Agreement is governed by and enforced according to the laws of the State of Wyoming applicable to contracts entered into and performed entirely with the State. Stopping of the Data Feed: If any provision of this Agreement is breached by the Firm or the Consultant, 1000Yachts may immediately terminate the Firm's or Consultant's data feed, or the ability to frame, the 1000Yachts Website, whichever is appropriate, until the breach is cured. Disclaimers of Warranties: 1000Yachts disclaims any warranty concerning the accuracy or reliability of the YBC Data or Participant Data. 1000Yachts further disclaims any warranty of merchantability or fitness of the YBC Data or Participant Data for a particular purpose. Firm and Consultant(s) acknowledge and agree that 1000Yachts is providing the YBC Data or Participant Data on an "as is" basis.
End of V5 Additions.
1000Yachts.com is a secure yacht Brokerage Multiple Listing Service (MLS) providing premium advertising solutions for vessels, brands, and marine services. We provide professional advertising services designed to promote your listings, services, and brand.
Platform Independence: 1000Yachts.com operates exclusively as an independent U.S. owned digital marketing platform. We do not represent buyers or sellers directly, nor do we monitor, filter, or intercept communications between brokers and interested parties. We do not function as Co-Brokers. We do not collect commissions, referral fees, or finder’s fees from any resulting transactions. Our user-friendly platform is engineered to deliver detailed vessel information, empowering buyers, sellers, and brokers with the tools necessary to make confident, informed decisions. Our commitment is exclusively to providing the exceptional marketing technology that drives the yachting industry forward.
Find your boat, your way