Terms of Service
Version 2 · last updated 7/31/2026
Terms of Service
Applies to all visitors, buyers, sellers, brokers, dealers, referral agents, advertisers, and marine service providers using the BlueSleuth Boats Platform.
These Terms of Service apply to all visitors, prospective buyers and sellers, brokers, dealers, referral agents, advertisers, marine service providers, and other users of the BlueSleuth Boats website, applications, plugins, and related services (collectively, the "Platform"). These Terms are entered into by and between you and BlueSleuth LLC, an Arkansas limited liability company ("BlueSleuth," "we," "us," or "our").
1. Acceptance of Terms
By clicking an acceptance box, creating an account, electronically signing, listing a vessel, submitting a service request, purchasing a subscription, paying an invoice, renewing a subscription, or otherwise accessing or using the Platform after receiving conspicuous notice of these Terms, you agree to be bound by these Terms and each service-specific agreement incorporated by reference, including the Broker Marketplace Agreement and the Agent Referral & Commission Agreement, as applicable to your account type. If you use the Platform for a business or other entity, you represent that you have authority to bind that entity, and "you" includes both you and the entity. You must be at least eighteen (18) years old and legally capable of entering into a binding contract. If you do not agree, do not use the Platform.
You consent to transact with BlueSleuth electronically and to receive notices, disclosures, agreements, records, invoices, billing communications, and other communications by email, through your account, or through the Platform. To the fullest extent permitted by applicable law, electronic signatures, electronic records, click-through acceptances, electronic acknowledgments, electronic consents, and electronic communications shall have the same legal force and effect as handwritten signatures and paper records. You agree that your use of the Platform, including creating an account, clicking an acceptance button, or otherwise electronically manifesting assent, constitutes your electronic signature and agreement to be bound by these Terms.
We may update these Terms prospectively. We will post the revised Terms with a new effective date and will provide reasonable advance notice of material changes by email, account notice, or another legally sufficient method. Where applicable law requires renewed assent, we will obtain it. Changes will not retroactively alter the rules governing a dispute that arose before the change became effective. Continued use after the effective date constitutes acceptance only to the extent permitted by law.
2. Nature of the Platform
BlueSleuth provides technology, advertising, directory, lead-routing, listing-syndication, and related software tools that connect independent yacht and boat brokers, dealers, marine service professionals, referral agents, and prospective buyers or sellers. Except for selling its own Platform services, BlueSleuth is not a broker, dealer, salesperson, fiduciary, escrow holder, closing agent, surveyor, insurer, lender, carrier, repairer, or party to any vessel or marine-service transaction. Each broker, dealer, advertiser, referral agent, and service provider is an independent business solely responsible for its licenses, bonds, insurance, contracts, disclosures, representations, handling of funds, taxes, and performance.
BlueSleuth does not buy, sell, list as broker, negotiate, value, inspect, survey, document, title, finance, transport, repair, or take custody of any vessel. Purchase and sale agreements, listing agreements, agency agreements, escrow arrangements, closing documents, and service contracts are entered into directly among the relevant users and their retained professionals, not with BlueSleuth. Platform tools, badges, search rankings, lead delivery, optional fields, communications, analytics, and other Platform features do not constitute an endorsement, verification, recommendation, guarantee, or undertaking to supervise, monitor, or participate in any transaction.
No Brokerage or Fiduciary Relationship. Use of the Platform, acceptance of these Terms, payment of subscription fees, participation in any BlueSleuth program, receipt of leads, listing syndication, communications with BlueSleuth personnel, or use of any Platform tools or services does not create and shall not be construed to create any brokerage relationship, agency relationship, fiduciary duty, partnership, joint venture, employment relationship, or other representative relationship between BlueSleuth and any user. BlueSleuth does not represent buyers, sellers, brokers, dealers, referral agents, or marine service providers in any transaction and owes no fiduciary, brokerage, professional, or advisory duty arising from the use of the Platform.
Platform Enhancements and Beta Features. BlueSleuth continually develops, improves, and updates the Platform and may add, remove, modify, suspend, discontinue, replace, or restrict any features, functionality, tools, integrations, interfaces, data feeds, export capabilities, synchronization services, search functionality, artificial intelligence tools, automation tools, analytics, or other Platform services at any time, with or without notice and without liability. From time to time, BlueSleuth may also offer experimental, preview, beta, pilot, or pre-release features ("Beta Features") for evaluation, testing, or limited deployment. Beta Features are provided "AS IS" and "AS AVAILABLE," without any representation or warranty of any kind, express or implied, and may contain errors, interruptions, delays, security vulnerabilities, or other defects. BlueSleuth may restrict Beta Features to selected users, modify, suspend, or discontinue Beta Features at any time, or elect never to make them generally available. BlueSleuth shall have no liability arising from or relating to the availability, use, performance, interruption, modification, suspension, discontinuation, removal, or failure of any Beta Feature, or any decision to delay or decline its general release.
3. Eligibility and Regulatory Compliance
- Brokers, dealers, and salespersons represent and warrant that they hold and will maintain every license, registration, bond, insurance policy, appointment, and written authority required in each jurisdiction implicated by a listing or transaction, including the jurisdiction where the vessel is located, where the broker or client is located, where solicitation occurs, and where the transaction is negotiated or closed. They shall provide current evidence of such authority upon BlueSleuth's reasonable request and shall promptly notify BlueSleuth of any lapse, expiration, restriction, investigation, suspension, revocation, or other material change affecting their qualifications.
- Marine service professionals represent and warrant that they hold and will maintain all licenses, certifications, permits, insurance, and operating authority required for their trade, profession, and service area and shall promptly notify BlueSleuth of any material change affecting their qualifications.
- All business accounts must be created and administered by an individual who is at least eighteen (18) years of age (or the age of majority in the applicable jurisdiction, if greater) and who is duly authorized to bind the business legally and contractually.
- BlueSleuth may, in its sole discretion, request verification of licenses, certifications, insurance, business information, identity, or other qualifications; restrict access to particular jurisdictions, listing categories, or Platform features; geofence listings; refuse or remove listings; or suspend or terminate accounts. BlueSleuth has no duty to investigate, verify, monitor, or continuously audit any user's licensing, credentials, qualifications, or legal compliance.
- Users represent and warrant that they are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive economic or trade sanctions administered by the United States, including sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), and that they are not identified on any applicable United States government sanctions or restricted-party list. Users shall not use the Platform in violation of any applicable export-control, sanctions, anti-money laundering, anti-boycott, customs, trade, or other applicable laws or regulations, nor use the Platform to facilitate any transaction prohibited by such laws. BlueSleuth may restrict, suspend, terminate, or refuse access to the Platform whenever it reasonably believes such action is necessary to comply with applicable export-control, sanctions, anti-money laundering, or other legal requirements.
4. Accounts and Registration
You are responsible for maintaining the confidentiality and security of your account credentials, limiting administrator access, and all activity occurring under your account. You must provide accurate, complete, and current registration, licensing, billing, and contact information and update it promptly. You may not transfer, sell, share, assign, sublicense, or create an account for an ineligible person. Notify BlueSleuth immediately of any suspected unauthorized access, credential compromise, security incident, or unauthorized use of your account. BlueSleuth may rely on instructions submitted through an authenticated account and may suspend or terminate accounts containing false, expired, or materially misleading information.
Where BlueSleuth makes multi-factor authentication ("MFA"), passkeys, or other enhanced security measures available, users are strongly encouraged to enable and maintain such protections. Users shall not share account credentials with any unauthorized person or permit multiple individuals to use a single account unless expressly authorized by BlueSleuth. Any attempt to circumvent user licensing, subscription limitations, or account restrictions through credential sharing, account sharing, or other means is prohibited.
BlueSleuth reserves the right to require password changes, reset credentials, require additional authentication, temporarily suspend access, or take other reasonable security measures whenever it reasonably believes such action is necessary to protect the Platform, its users, or BlueSleuth's systems.
5. Platform Role in Payments
BlueSleuth sells and charges for its own listing, subscription, advertising, plugin, service-directory, and other Platform products and services and processes those charges through one or more independent third-party payment processors. BlueSleuth is the seller of record only for those Platform products and services that it directly offers. Payment processors may store payment credentials and may impose their own terms of service, privacy policies, verification requirements, reserve requirements, fraud-prevention measures, chargeback procedures, compliance obligations, or other conditions, all of which are the responsibility of the applicable payment processor and user.
BlueSleuth is not the seller, merchant, broker, escrow agent, payment intermediary, or merchant of record for any vessel sale, charter, referral transaction, or third-party marine service and does not accept, receive, hold, transmit, control, safeguard, direct the disbursement of, or otherwise take possession of earnest money, deposits, escrow funds, trust funds, vessel sale proceeds, charter payments, service fees, referral fees, broker commissions, or other transaction funds. Those funds must be handled directly by the transacting parties or through a properly licensed, authorized, and legally compliant escrow provider, trust account, financial institution, attorney trust account, or other authorized payment intermediary, as required by applicable law. BlueSleuth is not a bank, escrow company, trust company, payment institution, money transmitter, or licensed financial services provider and does not provide legal, tax, financing, lending, title, documentation, escrow, settlement, or closing services.
BlueSleuth does not guarantee the availability, processing time, authorization, settlement, security, or successful completion of any payment processed by a third-party payment processor and shall not be liable for payment failures, chargebacks, fraud, payment disputes, processor outages, holds, reserves, delays, reversals, or other acts or omissions of any payment processor or financial institution.
If BlueSleuth later enables transaction payments, deposits, commission sharing, escrow services, referral-fee distribution, disbursement instructions, digital wallets, stored-value accounts, or other financial transaction functionality, BlueSleuth may revise these Terms and implement additional contractual, operational, licensing, money-transmission, escrow, tax, payment-network, know-your-customer ("KYC"), anti-money laundering ("AML"), fraud-prevention, or other compliance requirements before offering those services.
6. Fees, Subscriptions, Renewals, and Taxes
Current prices, billing intervals, included features, listing limits, advertising rates, promotional terms, renewal terms, and other material billing conditions will be disclosed before purchase and, where applicable, in the user's account dashboard, billing portal, or order form. Unless an applicable order form or written agreement expressly provides otherwise, paid subscriptions automatically renew for successive subscription periods until cancelled. By purchasing a subscription, you authorize BlueSleuth and its third-party payment processor(s) to charge the payment method on file for all recurring subscription fees, applicable taxes, and any other authorized charges associated with your account. You are responsible for maintaining current, accurate, and valid payment information throughout the subscription term. If a payment method expires, is declined, or otherwise becomes unavailable, BlueSleuth may retry payment, update payment information through payment processor account-updater services where available, suspend or limit access to paid features until payment is received, or terminate the applicable subscription. BlueSleuth will provide any renewal, price-change, or other billing notices required by applicable law. You may cancel your subscription through the same online account channel used to subscribe or by another simple cancellation method identified in BlueSleuth's billing policy. Cancellation prevents future renewal charges but does not ordinarily entitle you to a prorated refund for the current billing period except where required by applicable law or expressly stated in BlueSleuth's billing or refund policy. Promotional, introductory, discounted, grandfathered, trial, or other special pricing may expire, terminate, or be modified in accordance with the applicable offer or upon renewal unless BlueSleuth expressly agrees otherwise. BlueSleuth may modify its fees, subscription plans, included features, usage limits, billing practices, or pricing for future billing periods upon any notice required by applicable law. Continued use of a paid subscription after the effective date of such changes constitutes acceptance of the revised pricing and billing terms.
You are responsible for all applicable sales, use, excise, value-added, goods and services, withholding, and similar taxes, duties, assessments, or governmental charges arising from your purchase or use of the Platform, excluding taxes based solely upon BlueSleuth's net income. Failed payments, payment reversals, declined transactions, chargebacks, refunds, credits, processor reserves, suspected fraud, disputed transactions, collection costs, and reasonable attorneys' fees incurred in collecting delinquent amounts may result in suspension or termination of services and, to the fullest extent permitted by applicable law, may be offset against amounts otherwise payable to you.
BlueSleuth's Platform fees are separate from and independent of any compensation, commission, referral fee, service fee, or other payment owed between brokers, dealers, salespersons, referral agents, marine service providers, buyers, sellers, or other users. BlueSleuth does not establish, negotiate, collect, receive, hold, share, or receive any percentage of a vessel sale price, brokerage commission, referral fee, or other transaction-based compensation under these Terms. Any future transaction-based compensation, commission-sharing arrangement, referral-fee distribution, payment facilitation, escrow service, or other financial transaction functionality will require a separate written agreement and prior confirmation that the arrangement complies with all applicable licensing, escrow, money-transmission, payment-network, tax, and fee-sharing laws.
7. Listing Content, Accuracy, and Warranties
- You represent and warrant that you possess and will maintain all current written authority, consents, permissions, licenses, and other legal rights necessary to submit each vessel, service, profile, advertisement, photograph, video, logo, document, listing, review, and other content to the Platform, and that all material information—including ownership, authority to list, broker identity, price, specifications, condition, location, availability, known liens or encumbrances, documentation or registration status, licensing status, and all other material facts—is accurate, current, complete, and not false, fraudulent, deceptive, or misleading.
- You must accurately identify the offering party and promptly update a vessel's availability, price, specifications, condition, and all other material listing information. In any event, you shall update a listing no later than two (2) business days after learning of any material change. A listing may not remain active after your authority to market the vessel expires or after the vessel has been sold, withdrawn from the market, transferred, destroyed, or becomes subject to a binding purchase agreement, except when accurately identified with an appropriate status designation.
- Brokers shall retain each listing agreement, agency agreement, referral agreement, or other written authority required by applicable law and shall provide copies to BlueSleuth within a reasonable time upon BlueSleuth's good-faith request arising from a customer complaint, licensing inquiry, audit, legal process, governmental investigation, or other legitimate business purpose, subject to applicable confidentiality obligations, privileges, and legal restrictions.
- BlueSleuth may, in its sole discretion, reject, edit solely for formatting, de-rank, label, suspend, archive, remove, or refuse to publish any listing or other content that it reasonably believes is inaccurate, incomplete, stale, misleading, fraudulent, duplicative, unsafe, unlawful, infringing, offensive, inconsistent with these Terms, or otherwise detrimental to the integrity or operation of the Platform. BlueSleuth has no duty to review, monitor, screen, edit, or remove any content and assumes no responsibility for failing to do so.
- BlueSleuth may, but is not obligated to, review, request additional information regarding, verify, or investigate any listing, account, broker, dealer, marine service provider, referral agent, license, certification, insurance, ownership interest, authority to list, vessel documentation, title status, registration, lien information, photographs, pricing, specifications, condition, or other information submitted to the Platform. BlueSleuth may rely upon information and representations provided by users without independent investigation and assumes no duty to verify the accuracy, completeness, legality, ownership, authority, licensing, authenticity, or continuing validity of any information unless BlueSleuth expressly elects to do so in its sole discretion.
- You may not list a stolen vessel, conceal a known material title defect or lien, knowingly submit fraudulent or fabricated documents, impersonate another owner or broker, publish personal information in publicly accessible fields without lawful authority, manipulate listing history or status, or use the Platform to facilitate any transaction prohibited by applicable sanctions, export-control, anti-money laundering, consumer-protection, privacy, or other applicable laws.
8. Existing Contract Rights and Non-Interference
Users may not knowingly use non-public information obtained solely through the Platform to induce, encourage, solicit, or assist any person to breach, terminate, or otherwise interfere with a valid, existing written exclusive listing agreement, brokerage agreement, agency agreement, referral agreement, confidentiality agreement, or other legally enforceable contractual relationship. Users also may not knowingly misrepresent the source, ownership, broker authority, listing status, availability, authorization, or exclusivity of another broker's content, listings, leads, business relationships, or contractual rights.
Nothing in this Section creates any commission, referral-fee, brokerage, agency, fiduciary, contractual, or other legal right in favor of BlueSleuth. Nothing in this Section extends, modifies, replaces, or otherwise affects any agreement between users or between a user and any third party, prohibits lawful competition or independently developed business opportunities or contacts, or requires BlueSleuth to interpret, investigate, adjudicate, enforce, monitor, or resolve commission disputes, procuring-cause disputes, listing disputes, contractual disputes, agency disputes, or any other controversy between users.
BlueSleuth reserves the right, but not the obligation, to investigate alleged violations of this Section, request supporting documentation, remove content, suspend or terminate accounts, preserve relevant information, or take any other action it reasonably believes appropriate to protect the integrity of the Platform. BlueSleuth assumes no duty to determine the validity of competing contractual claims or to resolve disputes regarding commissions, procuring cause, listing authority, or contractual rights between users.
9. Agency Relationships and Disclosures
Nothing in these Terms, the Platform, any BlueSleuth program, listing, communication, referral, subscription, marketing material, advertising, or other service creates or shall be construed to create any agency, brokerage, fiduciary, partnership, joint venture, franchise, employment, representative, independent contractor, or other legal relationship between BlueSleuth and any user. BlueSleuth acts solely as a technology platform provider and does not represent, supervise, manage, direct, or control any user's business, professional activities, negotiations, transactions, or legal compliance.
No user has authority to act for, represent, bind, obligate, or make any representation, warranty, guarantee, promise, or commitment on behalf of BlueSleuth. No course of dealing, marketing material, communication, referral, listing, badge, verification status, subscription level, or use of the Platform shall create any actual, implied, apparent, or ostensible authority on behalf of BlueSleuth.
Any seller agency, buyer agency, dual agency, designated agency, transaction-broker, facilitator, nonagency, or other legally recognized agency or agency relationship exists solely among the applicable broker, brokerage, salesperson, referral agent, marine service professional, and client(s), is governed by applicable law and the parties' own agreements, and remains the exclusive legal and regulatory responsibility of those parties. BlueSleuth is not responsible for determining, monitoring, interpreting, enforcing, or resolving any agency relationship, fiduciary obligation, disclosure requirement, commission dispute, procuring-cause dispute, or other professional obligation arising between users.
See the Agency and Dual Agency Disclosure Policy.
10. Intellectual Property and Content License
You retain ownership of content you submit. You grant BlueSleuth and its hosting, search, distribution, and syndication providers a non-exclusive, worldwide, royalty-free, sublicensable license to host, cache, store, reproduce, format, resize, translate, display, distribute, promote, index, process, analyze, and create metadata from that content solely to operate, secure, improve, market, and syndicate the Platform and your authorized listings. The license continues while content is active and thereafter only for backups, archived transaction-reference records, legal compliance, dispute resolution, and materials already lawfully distributed. You also grant BlueSleuth a limited, non-exclusive license to use your business name, trademarks, service marks, logos, and other branding solely to identify your account, your listings, and your participation on the Platform.
You may not scrape, crawl, harvest, copy, republish, mirror, reverse engineer, decompile, disassemble, create a derivative database, or otherwise use Platform content to develop, train, improve, or support any competing product, service, database, search engine, artificial intelligence model, machine-learning model, or similar technology, except through BlueSleuth's documented export or syndication tools and solely with respect to data you are expressly authorized to use. BlueSleuth owns all right, title, and interest in and to the Platform and its underlying software, source code, object code, databases, user interface, design, layouts, algorithms, artificial intelligence models and tools, documentation, trademarks, service marks, trade names, compilations, analytics, proprietary business methods, and all other non-user content and intellectual property embodied in or used by the Platform.
Platform Analytics and Aggregated Data. Notwithstanding your ownership of your individual content, BlueSleuth owns all right, title, and interest in and to any aggregated, anonymized, de-identified, statistical, analytical, benchmarking, derivative, operational, performance, or usage data generated through or derived from operation of the Platform, provided such data does not identify you or your customers personally except as otherwise permitted by applicable law. BlueSleuth may use, analyze, compile, publish, disclose, license, and otherwise exploit such aggregated or de-identified data for any lawful business purpose, including improving the Platform, developing new products or services, conducting market research, generating industry benchmarks, training artificial intelligence or automation tools, and creating reports or analytics.
Confidential Information. Users acknowledge that the Platform includes confidential and proprietary information belonging to BlueSleuth, including, without limitation, its software, source code, object code, databases, user interface, algorithms, artificial intelligence models and tools, automation tools, business methods, pricing methodologies, internal documentation, APIs, integrations, system architecture, security measures, non-public features, product roadmaps, and other technical or business information not publicly disclosed ("Confidential Information"). Except as expressly authorized in writing by BlueSleuth or required by applicable law, users shall not disclose, distribute, copy, reverse engineer, exploit, or use BlueSleuth's Confidential Information for any purpose other than the authorized use of the Platform. Nothing in this Section prohibits the disclosure of information that becomes publicly available through no wrongful act of the user or that must be disclosed pursuant to a valid court order or other legal requirement, provided the user gives BlueSleuth prompt notice (where legally permitted) to allow BlueSleuth an opportunity to seek appropriate protective relief.
Feedback. If you voluntarily provide BlueSleuth with any suggestion, recommendation, idea, enhancement, feature request, correction, comment, feedback, or other input relating to the Platform or its services ("Feedback"), you acknowledge and agree that such Feedback is provided voluntarily and without any expectation of confidentiality, compensation, attribution, royalty, or other obligation. To the fullest extent permitted by applicable law, BlueSleuth shall exclusively own, or, if ownership does not automatically vest, you hereby irrevocably assign to BlueSleuth, all right, title, and interest in and to any improvements, enhancements, modifications, inventions, works of authorship, software, documentation, designs, processes, or other intellectual property developed, created, or implemented by BlueSleuth based upon or incorporating such Feedback. Nothing in this Section limits BlueSleuth's right to independently develop, acquire, license, market, or use products, services, features, or functionality that are similar to or competitive with any Feedback.
DMCA Copyright Policy; Copyright Complaints. BlueSleuth respects the intellectual property rights of others and responds to notices of alleged copyright infringement in accordance with its DMCA Copyright Policy, which is incorporated into these Terms by reference. Users who believe that content available through the Platform infringes their copyrights may submit a notice in accordance with that policy. BlueSleuth may remove or disable access to allegedly infringing material, terminate or suspend repeat infringers where appropriate, designate a DMCA agent, and take any other action permitted by applicable law.
Reservation of Rights. Except for the limited rights, licenses, and permissions expressly granted in these Terms, BlueSleuth reserves all right, title, and interest in and to the Platform and its intellectual property. No license or other right is granted by implication, estoppel, course of dealing, prior use, waiver, or otherwise.
11. Acceptable Use Policy
This Acceptable Use Policy ("Policy") governs all access to and use of the BlueSleuth Boats Platform ("Platform"). This Policy is incorporated into and forms part of the BlueSleuth Terms of Service. Capitalized terms not defined in this Policy have the meanings assigned in the Terms of Service.
BlueSleuth's goal is to provide a trustworthy marketplace for brokers, dealers, marine service providers, referral agents, and consumers. To protect the Platform and its users, you agree to comply with this Policy at all times.
11.1. Compliance with Law
You may use the Platform only for lawful purposes and in compliance with all applicable federal, state, local, and international laws, regulations, licensing requirements, court orders, sanctions programs, export controls, consumer protection laws, advertising laws, privacy laws, intellectual property laws, and other legal obligations.
You are solely responsible for determining whether your use of the Platform complies with all laws applicable to your business and activities.
11.2. False, Fraudulent, or Misleading Content
You may not submit, publish, transmit, advertise, or otherwise make available any information that is false, fraudulent, deceptive, misleading, inaccurate, outdated in any material respect, or reasonably likely to confuse users.
Without limitation, you may not:
- Advertise a vessel you are not legally authorized to market;
- Misrepresent ownership, brokerage authority, listing status, price, location, specifications, condition, documentation status, title status, registration, liens, availability, or any other material fact;
- Use stock photographs, altered images, artificial intelligence-generated images, or other media in a manner that materially misrepresents a vessel or service;
- Publish duplicate, stale, expired, fictitious, or "bait-and-switch" listings intended to manipulate search results or generate inquiries;
- Falsify reviews, ratings, testimonials, endorsements, credentials, certifications, licenses, awards, or professional qualifications; or
- Encourage another person to submit false or misleading information to BlueSleuth.
11.3. Broker Authority
If you advertise or market a vessel through BlueSleuth, you represent that you possess all authority necessary to do so.
You may not:
- List a vessel without current authorization;
- Continue marketing a vessel after your authority expires;
- Misrepresent an exclusive listing as an open listing or vice versa;
- Advertise another broker's listing without authorization;
- Remove or alter another broker's identifying information;
- Claim to represent an owner, purchaser, brokerage, or dealer when you do not.
11.4. Fraud and Deceptive Practices
Users may not engage in fraudulent, deceptive, abusive, or manipulative conduct, including:
- identity theft;
- impersonation;
- forged documentation;
- fraudulent payments;
- fake inquiries;
- artificial lead generation;
- phishing;
- social engineering;
- account takeover;
- false complaints;
- chargeback abuse;
- referral fraud;
- subscription fraud;
- click fraud;
- advertising fraud;
- commission manipulation;
- review manipulation; or
- any other deceptive practice.
BlueSleuth may immediately suspend or terminate accounts engaged in suspected fraud.
11.5. Intellectual Property
You may not upload or use content unless you possess the legal right to do so.
Without limitation, you may not:
- copy another broker's listing;
- upload copyrighted photographs without permission;
- copy marketing descriptions;
- upload copyrighted brochures;
- remove copyright notices;
- misuse trademarks;
- infringe patents;
- misappropriate trade secrets;
- violate publicity rights.
BlueSleuth reserves the right to remove allegedly infringing material pursuant to its DMCA Copyright Policy.
11.6. Platform Security
You may not:
- attempt unauthorized access;
- probe or scan systems;
- bypass authentication;
- circumvent rate limits;
- interfere with Platform availability;
- introduce malware;
- distribute ransomware;
- transmit viruses;
- perform denial-of-service attacks;
- credential stuff;
- exploit vulnerabilities;
- interfere with security monitoring.
11.7. Scraping, Automation, and AI
Without BlueSleuth's prior written consent, you may not:
- scrape Platform content;
- harvest contact information;
- crawl the Platform;
- mirror listings;
- create derivative databases;
- bulk export data;
- automate account creation;
- automate lead collection;
- use bots except those expressly authorized.
You also may not use Platform content to:
- train artificial intelligence systems;
- train machine learning models;
- develop competing search engines;
- create competing marketplaces;
- build datasets;
- benchmark competing software;
- develop competing products or services.
11.8. Account Security
You are responsible for maintaining the security of your account.
You may not:
- share login credentials;
- sell accounts;
- transfer accounts;
- permit unauthorized users access;
- circumvent subscription limitations;
- create duplicate accounts to avoid fees or suspensions.
11.9. Commercial Communications
You may not:
- send spam;
- send unsolicited commercial email;
- harvest email addresses;
- use purchased mailing lists;
- spoof sender identities;
- violate CAN-SPAM or similar laws;
- disguise commercial solicitations.
11.10. Marketplace Integrity
Users shall conduct themselves professionally.
You may not:
- harass users;
- threaten users;
- discriminate unlawfully;
- manipulate search rankings;
- interfere with another broker's business;
- intentionally disrupt transactions;
- interfere with BlueSleuth operations;
- abuse customer support;
- file knowingly false complaints.
11.11. Marine-Specific Prohibited Conduct
Users may not:
- advertise stolen vessels;
- conceal known title defects;
- conceal known liens;
- advertise vessels prohibited by law;
- advertise vessels without authority;
- falsify Hull Identification Numbers (HINs);
- falsify Coast Guard documentation;
- falsify registration information;
- facilitate unlawful vessel transactions;
- use the Platform to evade licensing laws;
- use the Platform to evade sanctions or export laws.
11.12. Enforcement
BlueSleuth may investigate suspected violations of this Policy.
To protect the Platform, BlueSleuth may, in its sole discretion:
- issue warnings;
- require corrective action;
- remove content;
- suspend listings;
- restrict Platform features;
- disable integrations;
- preserve evidence;
- report unlawful conduct to governmental authorities;
- suspend accounts; or
- terminate accounts.
BlueSleuth is not obligated to investigate every complaint or to take any particular enforcement action.
11.13. Reporting Violations
Users may report suspected violations of this Policy by contacting:
BlueSleuth Boats Email: info@bluesleuthboats.com
BlueSleuth may investigate reports in its sole discretion and may request additional documentation from the reporting party or the subject of the complaint.
12. Third-Party Services and Links
The Platform depends upon and may integrate with third-party hosting, cloud-computing, payment processing, search, mapping, analytics, communications, identity verification, customer support, artificial intelligence, automation, plugins, APIs, and other products or services provided by independent third parties. BlueSleuth may add, remove, replace, suspend, discontinue, or modify any third-party service, integration, provider, plugin, API, or related functionality at any time, with or without notice and without liability.
Use of third-party products or services may be subject to separate terms of service, end-user license agreements, privacy policies, or other agreements established by the applicable provider. Users are responsible for reviewing and complying with those terms. BlueSleuth does not own, operate, or control third-party services and makes no representation or warranty regarding their availability, compatibility, performance, security, reliability, legality, accuracy, privacy practices, or continued operation. The failure, suspension, modification, or discontinuation of any third-party service does not constitute a breach of these Terms and does not create liability on the part of BlueSleuth.
BlueSleuth's third-party providers, subprocessors, integrations, plugins, APIs, and related vendors may change from time to time. Current information regarding third-party providers may be identified in the Privacy Policy, Subprocessor List, or other documentation published by BlueSleuth rather than in these Terms.
Remote support, including screen sharing, remote desktop access, or similar assistance, will occur only with the user's separate affirmative authorization for each session. Users may terminate any remote-support session at any time.
13. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR UNINTERRUPTED OR SECURE OPERATION. BLUESLEUTH DOES NOT WARRANT OR VERIFY ANY USER, LICENSE, LISTING, OWNERSHIP CLAIM, TITLE, LIEN STATUS, DOCUMENTATION, REGISTRATION, PRICE, SPECIFICATION, LOCATION, AVAILABILITY, CONDITION, SEAWORTHINESS, SURVEY, INSPECTION, SERVICE QUALITY, OR TRANSACTION OUTCOME. BLUESLEUTH MAKES NO REPRESENTATION OR WARRANTY REGARDING SEARCH-ENGINE RANKINGS, SEARCH VISIBILITY, SEARCH PLACEMENT, INDEXING BY SEARCH ENGINES, LEAD GENERATION, ADVERTISING PERFORMANCE, WEBSITE TRAFFIC, LISTING IMPRESSIONS, CUSTOMER INQUIRIES, CONVERSION RATES, SALES VOLUME, TRANSACTION COMPLETION, REVENUE, PROFITABILITY, RETURN ON INVESTMENT, OR ANY OTHER BUSINESS, MARKETING, OR COMMERCIAL RESULT ARISING FROM USE OF THE PLATFORM. ANY ANALYTICS, PERFORMANCE METRICS, ESTIMATES, PROJECTIONS, RECOMMENDATIONS, HISTORICAL DATA, OR OTHER INFORMATION PROVIDED THROUGH THE PLATFORM IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A GUARANTEE OF FUTURE PERFORMANCE OR RESULTS. USERS ACKNOWLEDGE THAT SEARCH-ENGINE ALGORITHMS, ONLINE ADVERTISING PERFORMANCE, INTERNET TRAFFIC, CONSUMER BEHAVIOR, AND THIRD-PARTY SEARCH ENGINES, SOCIAL MEDIA PLATFORMS, AND OTHER ONLINE SERVICES ARE OUTSIDE BLUESLEUTH'S CONTROL AND MAY CHANGE WITHOUT NOTICE. BLUESLEUTH DOES NOT PROVIDE LEGAL, TAX, FINANCIAL, TITLE, DOCUMENTATION, SURVEY, SAFETY, OR BROKERAGE ADVICE. BUYERS SHOULD RETAIN INDEPENDENT LEGAL COUNSEL, A QUALIFIED MARINE SURVEYOR, AND APPROPRIATE TITLE OR DOCUMENTATION PROFESSIONALS, AND SHOULD CONDUCT A SEA TRIAL AND OTHER DUE DILIGENCE BEFORE COMMITTING TO A TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BLUESLEUTH AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, MEMBERS, MANAGERS, AGENTS, LICENSORS, SERVICE PROVIDERS, AND VENDORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; OR ANY USER-TO-USER OR VESSEL-RELATED DISPUTE, EVEN IF ADVISED OF THE POSSIBILITY.
WITHOUT LIMITING THE FOREGOING, BLUESLEUTH SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM USER CONTENT, THIRD-PARTY SERVICES, THIRD-PARTY INTEGRATIONS, SEARCH-ENGINE ALGORITHMS, SEARCH RANKINGS, ADVERTISING PERFORMANCE, INTERNET OUTAGES, CYBERATTACKS, DATA LOSS, SECURITY INCIDENTS, UNAUTHORIZED ACCESS, OR THE ACTS OR OMISSIONS OF ANY THIRD PARTY.
BLUESLEUTH'S TOTAL AGGREGATE LIABILITY ARISING FROM THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES THE CLAIMANT PAID TO BLUESLEUTH DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS, DISCLAIMERS, EXCLUSIONS, AND ALLOCATIONS OF RISK SET FORTH IN THESE TERMS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, EQUITY, OR OTHERWISE.
THIS LIMITATION DOES NOT EXCLUDE LIABILITY THAT CANNOT LAWFULLY BE LIMITED AND DOES NOT APPLY TO BLUESLEUTH'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE TO THE EXTENT A JURISDICTION PROHIBITS SUCH A LIMITATION.
THE PARTIES AGREE THAT THESE LIMITATIONS ALLOCATE RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN.
15. Indemnification
To the fullest extent permitted by law, you will defend (with counsel reasonably acceptable to BlueSleuth), indemnify, and hold harmless BlueSleuth and its affiliates, members, managers, officers, employees, contractors, agents, licensors, service providers, and vendors from and against any and all claims, investigations, demands, actions, proceedings, damages, liabilities, penalties, fines, judgments, settlements, taxes, losses, costs, and reasonable attorneys' fees arising out of or relating to:
(a) your content, listings, advertising, referrals, services, transactions, communications, or other activities conducted through or in connection with the Platform;
(b) your breach of these Terms or any other agreement with BlueSleuth;
(c) your licensing, agency, escrow, fee-sharing, tax, title, documentation, privacy, data-protection, advertising, consumer-protection, export-control, sanctions, anti-money laundering, or other legal or regulatory obligations;
(d) the infringement, misappropriation, or other violation of any intellectual property, privacy, publicity, contractual, or other rights of any third party;
(e) fraud, negligence, willful misconduct, or unlawful acts by you or anyone using your account; or
(f) your misuse of the Platform, unauthorized access to the Platform, violation of applicable law, or violation of any third-party terms applicable to services or integrations used in connection with the Platform.
BlueSleuth may assume the exclusive defense and control of any matter subject to indemnification, using counsel of its choosing, at your expense to the extent permitted by law, and you agree to cooperate reasonably in that defense. You may not settle any claim in a manner that imposes any liability, obligation, admission of fault, or other adverse effect upon BlueSleuth without BlueSleuth's prior written consent.
This indemnification obligation does not apply to the extent a claim is finally determined by a court of competent jurisdiction to have resulted from BlueSleuth's willful misconduct or gross negligence.
16. Suspension, Termination, and Survival
BlueSleuth may suspend, restrict, remove content from, or terminate an account for non-payment, chargebacks, expired or false credentials, legal or regulatory risk, security threats, fraud, repeated complaints, or violation of these Terms. When reasonably practicable, BlueSleuth will provide notice and an opportunity to cure or appeal; immediate action may be taken to protect users, comply with law, preserve evidence, or prevent harm. Termination, suspension, expiration, or closure of an account does not relieve any accrued payment obligations and ordinarily does not create any right to a refund.
Subject to applicable law, legal holds, and BlueSleuth's data-retention policies, BlueSleuth may retain, archive, anonymize, delete, or otherwise dispose of user content, listings, account information, photographs, communications, analytics, uploaded files, and other account data following the suspension, termination, expiration, or closure of an account. BlueSleuth has no obligation to maintain, preserve, export, restore, or provide perpetual access to any user content or account data after an account has been suspended, terminated, expired, or closed. Users are solely responsible for maintaining independent backup copies of any information they wish to preserve prior to the suspension, termination, expiration, or closure of their account.
BlueSleuth may, but is not obligated to, provide users with a temporary opportunity to export certain account data before permanent deletion. Any export functionality, if offered, may be limited, conditioned, modified, suspended, or discontinued at BlueSleuth's sole discretion and shall not create any continuing obligation to maintain or provide access to user data.
The provisions relating to accrued payment obligations, refunds, data retention, intellectual property, licenses, confidentiality, feedback, disclaimers, warranties and warranty disclaimers, limitations of liability, indemnification, governing law, jurisdiction, venue, dispute resolution, jury waiver, class-action waiver, compliance with legal obligations, and any other provision that by its nature is intended to survive termination shall survive the suspension, expiration, or termination of these Terms and the user's account.
17. Dispute Resolution
Before initiating any legal proceeding arising out of or relating to these Terms or the Platform, the parties shall first make a good-faith effort to resolve the dispute through informal negotiations. A party asserting a claim shall provide written notice describing the nature of the dispute in reasonable detail, and the parties shall have thirty (30) days after receipt of such notice to attempt to resolve the matter informally.
This informal dispute-resolution requirement shall not apply to actions seeking temporary, preliminary, or permanent injunctive relief or other equitable remedies necessary to protect intellectual property, Confidential Information, Platform security, or other proprietary rights, nor shall it apply where immediate relief is reasonably necessary to prevent irreparable harm.
Nothing in this Section governs disputes solely between users arising under a listing agreement, purchase agreement, escrow agreement, survey contract, marine-service agreement, referral agreement, or other transaction document to which BlueSleuth is not a party.
18. Governing Law; Jurisdiction; Venue
These Terms and any dispute, claim, action, or controversy arising out of or relating to the Platform, these Terms, any service provided by BlueSleuth, or the relationship between the parties shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to any choice-of-law or conflict-of-law provision or rule that would result in the application of the laws of another jurisdiction.
Each user irrevocably submits to the exclusive jurisdiction of the state courts sitting in Colbert County, Alabama, and the United States District Court for the Northern District of Alabama, for the resolution of any dispute arising out of or relating to these Terms or the Platform, and expressly waives any objection based upon lack of personal jurisdiction, improper venue, or forum non conveniens.
Before initiating any legal proceeding, the parties shall first make a good-faith effort to resolve the dispute through informal negotiations for a period of thirty (30) days after written notice of the dispute is provided to the other party. This informal dispute-resolution requirement shall not apply to actions seeking temporary, preliminary, or permanent injunctive relief or other equitable remedies necessary to protect intellectual property, confidential information, or other proprietary rights.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM.
To the fullest extent permitted by applicable law, each party agrees that any claim or cause of action arising out of or relating to these Terms or the Platform shall be brought solely in that party's individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general proceeding.
19. General Provisions
These Terms, the applicable order form, the Broker Marketplace Agreement, the Agency and Dual Agency Disclosure Policy, the Record Retention Policy, the Agent Referral & Commission Agreement, the Privacy Policy, the Acceptable Use Policy, the DMCA Copyright Policy, the Billing & Refund Policy (if applicable), and any other policies, agreements, or documents expressly incorporated by reference constitute the entire agreement between you and BlueSleuth concerning the Platform and supersede all prior or contemporaneous understandings, negotiations, discussions, representations, warranties, communications, and agreements, whether oral or written, relating to the subject matter hereof.
No oral statement, advertisement, marketing material, demonstration, webinar, email, proposal, estimate, quotation, sales presentation, customer support communication, or other representation by BlueSleuth or its personnel shall modify, supplement, interpret, waive, or amend these Terms unless expressly set forth in a written agreement executed by an authorized representative of BlueSleuth.
Order of Precedence
If a conflict exists among the governing documents, the following order of precedence applies: (a) the applicable signed order form, solely with respect to pricing, purchased services, and service-specific terms; (b) the applicable service-specific agreement; (c) these Terms; and (d) any policy or document incorporated by reference, unless that policy expressly provides otherwise.
Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without BlueSleuth's prior written consent. BlueSleuth may assign these Terms without restriction in connection with a merger, acquisition, reorganization, financing, sale of assets, or other corporate transaction.
Force Majeure
BlueSleuth shall not be liable for any delay, interruption, failure to perform, degradation of service, or unavailability of the Platform caused by events beyond its reasonable control, including acts of God, hurricanes, floods, tornadoes, earthquakes, fires, or other natural disasters; war, terrorism, civil unrest, riots, labor disputes, governmental actions, embargoes, pandemics, epidemics, public health emergencies, utility failures, internet or telecommunications outages, cloud-hosting failures, data-center outages, domain name system (DNS) failures, distributed denial-of-service (DDoS) attacks, ransomware, cyberattacks, failures of third-party software, hosting providers, communications providers, payment processors, domain registrars, certificate authorities, or other critical infrastructure providers, or any other event beyond BlueSleuth's reasonable control. Nothing in this Section excuses either party from performing any payment obligation that accrued before the force majeure event or any other obligation that can reasonably be performed notwithstanding the event.
No Third-Party Beneficiaries
These Terms are solely for the benefit of the parties and do not create any rights in any third party unless expressly stated otherwise.
Headings
Section headings are provided solely for convenience and do not affect the interpretation of these Terms.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law or, if necessary, severed, and the remaining provisions shall remain in full force and effect.
Waiver
BlueSleuth's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision.
Notices
Notices to BlueSleuth shall be sent to the legal contact identified on the Platform or in other official communications. Notices to you may be provided by email, your account dashboard, or any other method permitted under these Terms.
Electronic Records
Electronic records, electronic signatures, electronic communications, and electronic copies shall have the same legal force and effect as original paper documents and handwritten signatures to the fullest extent permitted by applicable law.