Terms Of Use

Galati Yacht Services, LLC Terms of Use

Last Updated: 07.03.2026

These Terms of Use (“Terms”), apply to the website and associated services (collectively the “Website”) that link to the Terms and are owned or operated by Galati Yacht Sales LLC and our affiliates (“we”, “us” or “our”).

Please read carefully the following Terms of Use (the “Terms”) because they constitute a binding agreement between you, the user who uses our Website (“you” and “your”) and us. By accepting these Terms or by accessing or using the Website, you signify your agreement with these Terms and you acknowledge that you will be subject to our Privacy Policy. If you do not agree to these Terms, you must not access or use the Website.

You can download a printable copy of these Terms at https://yachtoffer.com/terms-of-use/. IMPORTANT NOTE: Please read carefully the sections titled LIMITATION OF LIABILITY, INDEMNIFICATION, DISCLAIMER OF WARRANTIES, GOVERNING LAW; ARBITRATION; WAIVER OF TRIAL BY JURY, and LIMITATION ON TIME TO FILE CLAIM. These provisions limit our liability to you, time limits for filing claims, and affect how disputes are resolved.

1. Changes to these Terms

We may revise or update these Terms from time to time. We will post the revised Terms on our Website. By continuing to use the Website after such changes have taken effect, you indicate your agreement to the amended Terms. Any changes in the Terms take effect upon posting and only apply to use of the Website after that date.

You consent to receive communications from Galati Yacht Sales LLC in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You further consent to the use of electronic signatures, electronic records, and electronic delivery of all transactional documents, including offers, acceptances, purchase agreements, and closing documents, in accordance with the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) (“E-SIGN Act”) and applicable state laws governing electronic transactions, including the Uniform Electronic Transactions Act (“UETA”). You acknowledge and agree that electronic signatures transmitted through the Website or through third-party electronic signature platforms (such as PandaDocs) utilized in connection with the Website shall have the same legal force and effect as original ink signatures.

Notwithstanding the foregoing, not all representatives, employees, or agents of the Company are authorized to execute, bind, or commit the Company to any agreement, contract, or transaction through electronic signature or otherwise. Only the president or a vice president of Galati Yacht Sales LLC (or such other officer or representative as the Company may designate in writing from time to time) shall have authority to bind the Company to any agreement or transaction. Any electronic signature purportedly made on behalf of the Company by a person who has not been so authorized shall be void and of no legal force or effect, and the Company shall not be bound thereby. You are responsible for confirming the authority of any individual purporting to act on behalf of the Company prior to entering into any agreement.

The Company reserves the right to designate and modify the list of authorized signatories at any time, without prior notice. A current list of authorized representatives may be obtained by contacting the Company at legal@galatiyachts.com.

 

2. Eligibility to Use the Website

You may use the Websites only if you are eighteen (18) years or older (or the applicable age of majority in your jurisdiction, if greater than eighteen (18) years of age), are capable of forming a binding contract with us, and are not barred from using the Websites under any applicable law.

The Website is directed to persons 18 years of age or older. Galati Yacht Sales LLC and the Website do not knowingly collect information from children under age 18. If you are under 18 years of age, you are not permitted to use the Website, create an account, submit offers, make purchases, or submit any personally identifiable information to the Website. If you provide information to Galati Yacht Sales LLC through the Website, you represent that you are 18 years of age or older. If you are a parent or guardian and believe Galati Yacht Sales LLC may have inadvertently collected personal information from your child, please notify Galati Yacht Sales LLC immediately by sending an email to legal@galatiyachts.com.

3. Additional Terms

Certain features or services offered on the Website may be subject to separate guidelines, terms and conditions which may be posted from time to time or made available at the time of access or download (“Additional Terms”). All Additional Terms, including the Offer Terms and Conditions applicable to vessel transactions conducted through the Website, are hereby incorporated by reference into these Terms. Where Galati Yacht Sales LLC is the seller of a listed vessel, the applicable Offer Terms and Conditions shall be the Unified Offer Terms and Conditions (GYS as Seller). Where a third party is the seller of a listed vessel, the applicable Offer Terms and Conditions shall be the Unified Offer Terms and Conditions (Brokerage Vessel). In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall govern solely with respect to the subject matter of those Additional Terms. Offerors may submit optional additional terms and conditions as part of an Offer, as further described in the applicable Offer Terms and Conditions.

4. Acceptable Use of the Website

When using the Website, you agree to abide by any usage guidelines we may present to you from time to time and by all applicable laws, regulations and rules.

You represent and warrant that: (i) the execution of these Terms and the performance of your obligations hereunder do not and will not breach any agreement to which you are a party to, or any other legally binding instrument that you are committed to; and (ii) these Terms will constitute your legal, valid and binding obligation, enforceable against you in accordance with the conditions hereunder.

In connection with using or accessing our Website you agree to comply with these Terms and all applicable laws, rules, and regulations, and you will not:

  • access or use the Website for or in connection with any activity that constitutes or encourages a criminal offense, give rise to civil liability or otherwise violate any applicable law or industry standard;
  • distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share, or otherwise exploit the Website and its content in any unauthorized manner
  • make available any information and materials that infringe a third party’s rights;
  • engage in any activity that interferes with or disrupts the proper working of the Website or any activities conducted on the Website;
  • access or use the Website if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Website, or are a person with whom transactions are prohibited under economic or trade sanctions;
  • copy, reproduce, adapt, create derivative works of, translate, localize, port, or otherwise modify the Website or its content, or any part thereof in any form or manner or by any means
  • breach or circumvent any laws, regulations, third-party rights or our systems, Website, policies, or determinations of your account status;
  • manipulate the price of any item or interfere with any listings;
  • transfer your Galati Yacht Sales LLC account and user ID to another party without our consent;
  • share your log in credentials with any third parties.
  • provide us with content in inappropriate categories or areas of our Website;
  • engage in gambling;
  • provide us with content that is false, inaccurate, misleading, deceptive, defamatory, libelous, illegal, inappropriate, harmful, or violates and/or infringes the rights of others;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Galati Yacht Sales LLC or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Website for any purpose, except with the prior express permission of Galati Yacht Sales LLC;
  • circumvent any technical measures used to provide our Website;
  • interfere with the functioning of our Website, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Galati Yacht Sales LLC application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Galati Yacht Sales LLC. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Galati Yacht Sales LLC or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of our Website or post content that does not belong to you;
  • commercialize any Galati Yacht Sales LLC application or any information, data, or software associated with such application, except with the prior express permission of Galati Yacht Sales LLC; or

5. QUALIFICATIONS; Account Registration

In order to submit an offer through the Website, prospective buyers must be qualified by us. All prospective buyers are required to contact the Listing Contact and complete a “Request for Qualification and Deposit Agreement” prior to making an offer. We will review your Request for Qualification Form, and, in our sole discretion, determine whether you meet the necessary qualifications. Only those who we have approved as qualified may submit offers on listed vessels.

In connection with submitting an offer on a listed vessel, each prospective buyer shall be required to submit a deposit on the Website. The deposit must be received by Galati Yacht Sales LLC prior to or contemporaneously with the submission of the offer. The terms and conditions governing the deposit, including the circumstances under which the deposit may be retained or refunded, are set forth in the Request for Qualification and Deposit Agreement.

Your right to use our Website is not transferable. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information to register an account. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is subject to our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

With respect to any such registration, we may refuse to grant you the username you request. Your username and password, or any other piece of information as part of our security procedures, is for your personal use only and you must treat such information as confidential and you must not disclose it to any other person or entity. You are responsible for maintaining the confidentiality of your account and password and for restricting access to it, and you agree to accept responsibility for all activities that occur under your account or password.

We reserve the right to reject, suspect, or disregard any offer submitted. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

6. Content

When you provide content to us using our Website or otherwise (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Website, including development of new offerings as part of our Website, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights, including any moral rights, in that content against Galati Yacht Sales LLC, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Website.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that content you provide or cause to be provided to us is accurate, appropriate, and legal. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any Intellectual Property Rights of any third party. Galati Yacht Sales LLC takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer content in the form of product data (including images, descriptions and specifications) that is provided by third parties (including Website users). Such product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in such content and not to create any derivative works based on that content (other than by including the data in your listings). To the extent we provide any product data, that content may only be used in connection with the Website and we may modify or revoke permission to use such content at any time.

We try to offer reliable content, but we cannot promise that the content provided through our Website will always be available, accurate, complete, and up-to-date. You agree that Galati Yacht Sales LLC is not responsible for examining or warranting the listings or content provided through our Website, and that you will not attempt to hold us or our data providers liable for inaccuracies.

“Galati Yacht SalesTM” and other Galati Yacht Sales LLC marks, logos, designs, and phrases that we use in connection with our Website are trademarks, service marks, or trade dress of Galati Yacht Sales LLC in the U.S. and other countries. They may not be used without the express written prior permission of Galati Yacht Sales LLC.

7. Vessel Listings

Although the information, specifications, photographs, and other content relating to a vessel listed on the Website, including content provided by the Owner and any supplementary content prepared or contributed by Galati Yacht Sales LLC in connection with the preparation or publication of a vessel listing (collectively, “Listing Content”), has been obtained from sources deemed reliable, Galati Yacht Sales LLC does not make any guarantee as to the accuracy or completeness of any Listing Content. Each individual providing Listing Content represents and warrants that all Listing Content  is accurate and complete. Galati Yacht Sales its Affiliates and Representatives have not made any independent investigation or verification of any Listing Content provided by or on behalf of a individual, including, without limitation, all content contained on the Website, in advertising, or in any other printed or online materials, and makes no representations as to the accuracy or completeness of such Listing Content. You acknowledge and agree that you shall have the opportunity to conduct your own due diligence with respect to any vessel listed on the Website prior to submitting an offer or completing a purchase, and that you are solely responsible for satisfying yourself as to the condition, specifications, and suitability of any vessel.

Galati Yacht Sales LLC and/or the Seller shall provide prospective buyers with a reasonable opportunity to inspect any vessel listed on the Website prior to the completion of a transaction. If you wish to arrange an inspection of a listed vessel, please submit a request by contacting the Listing Contact referenced on the applicable listing’s website page.

Certain vessel listings on the Website may be subject to a designated offer period, during which Galati Yacht Sales LLC will accept offers from qualified buyers. The end date of any such offer period (the “Offer Period End Date”) will be displayed on the applicable vessel listing page on the Website. Galati Yacht Sales LLC may extend any Offer Period End Date in its sole discretion. The availability of an offer period and the establishment of an Offer Period End Date are determined at the sole discretion of Galati Yacht Sales LLC.

Galati Yacht Sales LLC will not accept offers for a vessel through the Website outside of an active offer period for such vessel. For the avoidance of doubt, nothing in these Terms shall restrict or prohibit Galati Yacht Sales LLC from marketing, promoting, or facilitating the sale of any vessel outside of or prior to the commencement of an active offer period, including during any pre-listing or promotional period.

Qualified buyers may submit offers on listed vessels during an active offer period by completing the Offer to Purchase form through the Website. Offers on vessels listed through the Website may only be submitted through the Website in the manner described herein. Galati Yacht Sales LLC will not accept, recognize, or process any offer submitted through any other channel, and any such offer shall be deemed void and of no legal force or effect.

In addition, certain vessels may be designated as available for immediate purchase at a stated price through the Website’s “Buy Now” feature. Both offers submitted during an offer period and “Buy Now” purchases are governed by the applicable Offer Terms and Conditions (the Unified Offer Terms and Conditions (Brokerage Vessel) for third-party seller transactions, or the Unified Offer Terms and Conditions (GYS as Seller) where Galati Yacht Sales LLC owns the vessel), which will be presented to the buyer for review and electronic signature via PandaDocs (or such other electronic signature platform as Galati Yacht Sales LLC may designate) prior to completion of the transaction. Buyers must complete the Request for Qualification and Deposit Agreement prior to electing the “Buy Now” option for any vessel. The “Buy Now” feature is not available to buyers who have not been qualified and whose deposit has not been received by Galati Yacht Sales LLC in accordance with the Request for Qualification and Deposit Agreement.

By submitting an offer or electing to purchase a vessel through the “Buy Now” feature BUYER ACKNOWLEDGES THAT SUCH ACTION CONSTITUTES A LEGALLY BINDING AGREEMENT. OFFEROR IS ADVISED TO READ ALL TERMS AND CONDITIONS CAREFULLY AND TO CONSULT WITH AN ATTORNEY BEFORE SIGNING.

The owner acknowledges and agrees that Galati Yacht Sales LLC may act as a broker in connection with transactions conducted in whole or part through this Website. Any such brokerage arrangement shall be set forth in a separate written agreement. Nothing in these Terms or the use of this Website shall create a brokerage or agency relationship. To the extent that Galati Yacht Sales LLC acts as a broker you acknowledge we may act as a dual-agent in a purchase and sale transaction. You acknowledge that Galati Yacht Sales LLC may disclose facts known to us materially affecting the vessel’s value or desirability. We disclaim any duty to make such disclosures or independently investigate any listing. Nor shall we be required to disclose to a buyer that the owner is willing to sell the vessel for an amount less than the asking price, or to disclose that the buyer is willing to pay a price greater than the offered price. Galati Yacht Sales LLC may have or obtain listings for other vessels. Potential buyers may purchase vessels the same as or similar to the vessel through Galati Yacht Sales LLC. The owner consents to Brokerage’s representation of sellers and buyers of such other vessels at any time. Where Galati Yacht Sales LLC is itself the seller of a listed vessel, Galati Yacht Sales LLC is acting as a principal seller and not as a broker or dual agent with respect to that transaction. The dual agency disclosure in this Section applies only to transactions where a third-party seller owns the vessel.

8. TEXT MESSAGE PROGRAM TERMS

By providing us with your cell phone number (including as part of your account), you agree to receive autodialed or pre-recorded, non-marketing, service-related text messages from or on behalf of us at the phone number provided. Separately, you may elect to consent on the Website to receive autodialed text messages from us for marketing purposes.

For any text messages, message and data rates may apply. The frequency of text messages that we send to you may vary, and transactional messages will vary depending on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. If you do not wish to continue receiving text message, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out. You may receive an additional mobile message confirming your decision to opt out.

YOU UNDERSTAND AND AGREE THAT WE MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.

9. Notification Procedures and Changes to the Agreement

Galati Yacht Sales LLC may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Website, as determined by Galati Yacht Sales LLC in our sole discretion or as may be required by applicable law. In order for us to send you notifications by email, you must ensure that you have an updated email address entered into your account. You can add an email address to your Galati Yacht Sales LLC account or update the email address you have on your account. Galati Yacht Sales LLC reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. Galati Yacht Sales LLC is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

10. Privacy of Others

If Galati Yacht Sales LLC provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a user’s information to a third party for purposes unrelated to our Website.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER GALATI YACHT SALES LLC NOR GALATI YACHT SALES ITS AFFILIATES AND REPRESENTATIVES MAKES ANY WARRANTY THAT THE VESSEL(S) WILL PROPERLY FUNCTION OR OPERATE WHEN YOU RECEIVE THEM, NOR THAT THEY WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER YOU RECEIVE THEM. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GALATI YACHT SALES LLC NOR GALATI YACHT SALES ITS AFFILIATES AND REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR ANY PRODUCTS OR SERVICES OR FOR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR WEBSITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY ISSUES THEREWITH.

WE MAKE NO WARRANTY OF ANY KIND REGARDING TITLE OF THE VESSEL(S). WE MAKE NO WARRANTY OF ANY KIND CONCERNING THE CONDITION OF ANY VESSEL(S). WE MAKE NO WARRANTY OF ANY KIND THAT ANY VESSEL(S) WILL BE FREE FROM HAZARDOUS OR TOXIC MATERIALS, POLLUTANTS, CONTAMINANTS, WASTE, ASBESTOS, OR ANY OTHER TYPE OF CONDITION OR DEFECT. WE MAKE NO WARRANTY OF ANY KIND REGARDING THE SEAWORTHINESS, MECHANICAL CONDITION, STRUCTURAL INTEGRITY, EQUIPMENT, SYSTEMS, ENGINES, ELECTRONICS, RIGGING, SAILS, HULL CONDITION, HISTORY OF REPAIRS OR MAINTENANCE, REGULATORY COMPLIANCE, OR PROFITABILITY OF ANY LISTED VESSEL(S).

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OUR WEBSITE, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE ACCURATE, COMPLETE, UP-TO-DATE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR SERVERS THAT MAKE SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION, PHONE CALL, OR COMMUNICATIONS TO AND FROM OUR WEBSITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR CONTRIBUTED CONTENT MAY BE READ, RECORDED, MONITORED, OR INTERCEPTED BY OTHERS OR BY US. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR CONTENT TO US AND BY POSTING INFORMATION ON OUR WEBSITE, INCLUDING VESSEL(S), NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD GALATI YACHT SALES ITS AFFILIATES AND REPRESENTATIVES RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WHILE GALATI YACHT SALES LLC ACTS AS A LICENSED YACHT BROKER AND DUAL AGENT IN CONNECTION WITH VESSEL TRANSACTIONS CONDUCTED THROUGH THE WEBSITE, NEITHER GALATI YACHT SALES LLC NOR GALATI YACHT SALES ITS AFFILIATES AND REPRESENTATIVES TAKES TITLE TO, WARRANTS THE CONDITION OF, OR GUARANTEES ANY VESSEL, AND GALATI YACHT SALES LLC’S ROLE IS LIMITED TO THAT OF A BROKER AND INTERMEDIARY AS DESCRIBED IN THE OFFER TERMS AND CONDITIONS. WHERE GALATI YACHT SALES LLC IS ITSELF THE SELLER OF A LISTED VESSEL, GALATI YACHT SALES LLC IS NOT ACTING IN ITS CAPACITY AS BROKER OR INTERMEDIARY BUT AS PRINCIPAL SELLER, AND THE APPLICABLE OFFER TERMS AND CONDITIONS FOR THAT TRANSACTION SHALL GOVERN GALATI YACHT SALES LLC’S ROLE AND LIABILITY AS SELLER. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, VESSEL(S) OR THE TRUTH OR ACCURACY OF ANY VESSEL(S) OR OTHER CONTENT PROVIDED ON OUR WEBSITE.

12. Indemnification

You will indemnify, defend, and hold harmless Galati Yacht Sales its Affiliates and Representatives (the “Indemnified Parties”) from and against any claim or demand (including reasonable attorneys’ and experts’ fees and costs), made by any third party due to or arising out of (i) your breach of these Terms; (ii) your improper use of our Website; (iii) any personal injury, death, or property damage caused by or arising out of the listing, sale, transportation or use of any Vessel(s); or (iv) your violation of any law or rights of a third party, including related to any user content you provide or post. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without our written consent. While some jurisdictions may limit your liability hereunder, this indemnity shall apply to the fullest extent permissible by applicable law.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF THE INDEMNIFIED PARTIES, OR AN AUTHORIZED REPRESENTATIVE THEREOF, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR WEBSITE; (B) THESE TERMS; (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY; (D) YOUR, OR ANY THIRD-PARTY’S USE OF OUR WEBSITE, OR THE SERVICES ANY THIRD PARTY PROVIDES, RELATED TO THE BUSINESS WE OPERATE; (E) ANY USER INFORMATION OR USER-CONTRIBUTED CONTENT; (F) ANY INTERACTION BETWEEN OUR WEBSITE AND ANY THIRD PARTY SITE; AND (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION, PHONE CALL, OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT OR PURCHASE TRANSACTION (EVEN IF WE OR ANY THIRD PARTY RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS OF OUR WEBSITE. THE INDEMNIFIED PARTIES’ AGGREGATE LIABILITY UNDER THESE TERMS FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100).

14. Release

If you have a dispute with one or more users, you release Galati Yacht Sales its Affiliates and Representatives from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

15. Links to other Websites

Our Website may contain links to other websites. These links are provided for your convenience only. WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED IN OR THE PRODUCTS OR SERVICES PROVIDED ON SUCH WEBSITES AND ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGES THAT MAY ARISE FROM YOUR USE OF THEM, AND SUCH WEBSITES ARE NOT INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY US. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

16. Breach of The Terms

Failure to comply with the Terms may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Website.
  • Immediate, temporary or permanent removal of any content uploaded by you to our Website.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.

We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

We reserve the right to suspend or terminate access to or withdraw or modify all or part of the Website or your account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the Website, content updates, periodic maintenance, or to resolve any issues that we become aware of. You may terminate your account or your use of the Website at any time.

Termination will not limit any of our other rights or remedies. The sections titled Indemnification, Limitation of Liability, Disclaimer of Warranties, Governing Law; Dispute Resolution; Jury Waiver, Limitation on Time to File Claim, and Miscellaneous and any other provision that is intended to survive termination shall survive termination of these Terms or your access to the Website or account.

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS GALATI YACHT SALES ITS AFFILIATES AND REPRESENTATIVES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

17. Geographic Restrictions

The Website is provided for users in the United States. Although it may be possible to access the Website from other countries, we make no representation that our Website is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Website will be appropriate for users in other countries or states. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18. Governing Law; arbitration; WAIVER OF TRIAL BY JURY

Any disputes arising under or related to these Terms shall be governed in all respects by the laws of the State of Florida, regardless of the principles of conflict-of-law adopted by such jurisdiction. Any dispute, controversy or claim arising out of or relating to these Terms or the breach, termination or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be settled by arbitration in Broward County, Florida administered by the International Yacht Arbitration Council in accordance with its Rules of Procedure then in effect. Judgment upon the arbitration award may be entered, and application for judicial confirmation or enforcement of the arbitration award may be made in any court of competent jurisdiction. THE PARTIES HEREBY WAIVE TRIAL BY JURY FOR ANY DISPUTE, CONTROVERSY OR CLAIM ARISING UNDER THESE TERMS.

19. Class Action Waiver

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GALATI YACHT SALES LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

20. Limitation to file a claim

EXCEPT WHERE PROHIBITED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21. Notices

We may give you all required notices (including legal process) by any lawful method, including by posting notices on the Website or by sending it to any email address that you provide to us. For formal legal notices required or permitted under the Offer Terms and Conditions, the notice requirements set forth in the Offer Terms and Conditions shall control and supersede this Section 21. You may contact us at: legal@galatiyachts.com

22. DMCA

If you are a copyright owner and you believe your work has been copied and used improperly on the Website, please contact us at:

Galati Yacht Sales LLC

Address: 900 South Bay Blvd, Anna Maria, FL 34216
Phone: 941-778-0755
Email: legal@galatiyachts.com

Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (i) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) description of the work you claim has been infringed and the description and location of the alleged infringement with respect to the Website; (iii) your contact information including address, telephone number and email address; (iv) a written statement that you have a good faith belief the accused usage is infringing; and (v) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.

Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Website is infringing, we suggest that you contact an attorney prior to sending notice.

23. NOTICE TO CALIFORNIA RESIDENTS

BY USING THE WEBSITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

If the Website is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Website is:

Provider:  Galati Yacht Sales LLC
Address: 900 South Bay Blvd, Anna Maria, FL 34216
Phone: 941-778-0755
Email: legal@galatiyachts.com

If the Website is deemed as electronic commercial service, you may file a complaint regarding the Website or to receive further information regarding use of the Website by sending a letter to the attention of “Legal Department” at the above address.

24. Miscellaneous

If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein. Accordingly, you and Galati Yacht Sales LLC agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only. Galati Yacht Sales LLC may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your account, to the Website, or under these Terms.