The following describes the terms on which Duck Boat Trader offers you access to our services.

Welcome to Duck Boat Depot, a service provided by Duck Boat Trader, LLC d/b/a Duck Boat Depot and/or our affiliated websites or native mobile applications (collectively, this “Website”). By using the services on Duck Boat Depot, you are agreeing to the following terms, as well as the Terms of Use as posted on each of the Sites. 

Before you may become an advertising user or member of Duck Boat Depot, you must read and accept all of the terms and conditions in, this Agreement, our Terms of Use and Privacy Policy. We strongly recommend that, as you read this Agreement, you also access and read any linked information. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each Web site.

I.              Fees and Services.

Our Sites offer a service that brings together third-party purveyors and interested third parties in connection with transactions involving merchandise and/or services (“Third Party Goods or Services”). Information about Third Party Goods or Services is supplied by third party purveyors and not by Duck Boat Trader.

The price and other terms of any transaction remain subject to direct negotiation between the parties to the transaction. The prices listed by third party purveyors on the sites often exclude sales tax, finance charges and other charges including, without limitation, title, license, regulatory and compliance fees. Though we hope that all who visit our Sites will act honorably and treat each other fairly, we cannot verify the information third party purveyors supply or guarantee Third Party Goods or Services they offer. Nor can we assure the third-party purveyor that any check he/she gets from interested third parties for any Third Party Goods or Services is valid. 

When using these Sites to offer Third Party Goods or Services, we urge third party purveyors to use the same common sense and good judgment one would use in offering Third Party Goods or Services through, or responding to, a classified ad in the newspaper. There is no substitute for healthy skepticism and one’s own good judgment.

When you offer any Third-Party Goods or Services through the Sites, you must be prepared to provide those goods or services upon the terms on which you have listed them, including, where applicable, transfer of title or ownership. To list Third Party Goods or Services on the Sites, third party purveyors are required to provide certain identifying and contact information. The information must accurately identify the third-party purveyor, and the method of contact must permit interested third parties to communicate directly with the third party purveyor. You may not charge any interested third party for information about any Third-Party Goods or Services you list on the Sites, nor may you use our Sites to promote, without our prior written permission, any other Web site, product or service. Duck Boat Trader reserves the right to deny use of the Sites to anyone who does not comply with these requirements or who otherwise uses our Sites in a manner we consider inappropriate. You explicitly agree to not list on Duck Boat Depot any firearms, illicit items, live animals, or any other items a reasonable person would deem illicit or objectionable.

Responsibility for the information contained in listings lies with each third-party purveyor. You alone are responsible for the material you post and for the content, including, without limitation, all e-mail messages transmitted through the Sites. Nothing will undermine a user’s confidence in Third Party Goods or Services you offer faster than inaccurate statements or misleading representations about the Third-Party Goods or Services. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we require that the information you supply be accurate and that, in all respects, you treat the users to the Sites fairly and honorably.

Though we cannot monitor every transaction that originates on the Sites, we may perform random quality assurance tests to confirm that those who offer Third Party Goods or Services over the Sites are prepared to provide the goods or services on the terms on which they advertise them. By using our advertising service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a third-party purveyor is engaging in “bait and switch” or other unfair or deceptive practices, Duck Boat Trader reserves the right to deny that third party purveyor use of the advertising service. By submitting a listing through our advertising service, you agree to pay the fees specified for the listing package you select, regardless of whether you are successful in consummating a transaction of Third Party Goods or Services as a result of the listing. Take care in selecting your listing package and inputting your listing information; listing fees are generally not refundable, even if you provide erroneous information or fail to consummate a transaction of Third-Party Goods or Services.

We reserve the right to reject any ad copy. All orders are subject in all respects to our current rules and regulations and current demands upon advertising space. We reserve the right to edit, reclassify, revise or cancel any advertisement at any time. Rates and specifications are subject to change. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to Duck Boat Trader. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency) to enforce our Terms of Use, Agreement, Privacy Policy or to protect the rights, property or safety of visitors to our sites, our advertisers, the public or Duck Boat Trader. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status. Publisher accepts no liability for error or omission. 

NO REFUNDS AFTER PUBLICATION DEADLINE. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)

II.            Content License.

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.

III.          Limitation of Liability.

You will not hold Duck Boat Trader responsible for other users’ actions or inactions, including things they post. The Sites are a venue to allow anyone to consummate transactions involving Third Party Goods or Services, at any time, from anywhere, in a variety of pricing formats. We are not involved in the actual transaction between third party purveyors and interested third parties. We have no control over and do not guarantee the quality, safety or legality of Third-Party Goods or Services advertised, the truth or accuracy of listings, the ability of third-party purveyors to sell items, the ability of interested third parties to pay for items, or that an interested third party and a third party purveyor will actually complete a transaction.

We do not transfer legal ownership of items from the third-party purveyor to an interested third party, and nothing in this Agreement shall modify the governing provisions of Uniform Commercial Code § 2-401(2), under which legal ownership of goods are transferred upon physical delivery of the goods to the interested third party by the third party purveyor. Unless the interested third party and the third-party purveyor agree otherwise, the interested third party will become the lawful owner of the goods upon physical receipt of the goods from the third-party purveyor, in accordance with Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Our liability for an error will not exceed the cost of the space occupied by the error, and in no event shall our liability for your use of our classified advertising services exceed the amount you paid for the use of the services. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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. If you are a California resident, you waive California Civil Code §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.”

IV.          Access and Interference.

Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Duck Boat Trader by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our prior, express written permission.

Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Duck Boat Trader by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our prior, express written permission. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Duck Boat Trader by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our prior, express written permission.

V.            Privacy.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Duck Boat Trader Privacy Policy. We view protection of users’ privacy as a very important Community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the Duck Boat Trader Privacy Policy. If you object to your information being transferred or used in this way, please do not use our services.

VI.          Miscellaneous.

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your breach of this Agreement, or your violation of any law or the rights of a third party. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Except as explicitly stated otherwise, legal notices shall be served on Duck Boat Trader’ national registered agent (in the case of Duck Boat Trader) or to the e-mail address you provide to Duck Boat Trader during the registration process (in your case). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Duck Boat Trader must be resolved by a court located in St. Johns County, Florida. You agree to submit to the personal jurisdiction of the courts located within St. Johns County, Florida for the purpose of litigating all such claims or disputes.