Terms and Conditions of Use
Commercial Users are bound by both our standard Terms and Conditions of Use as listed directly below, as well as by our Commercial User Terms and Conditions Of Use listed under the heading COMMERCIAL USER TERMS AND CONDITIONS
WELCOME TO BOATHISTORYREPORT.COM. PLEASE CAREFULLY READ THE FOLLOWING TERMS & CONDITIONS OF USE BEFORE USING THIS SITE. YOU MUST ACCEPT THESE TERMS & CONDITIONS BEFORE YOU WILL BE PERMITTED TO USE THIS SITE. BY SUBMITTING YOUR ORDER, YOU AGREE AND ARE CONSENTING TO BE OBLIGATED, BOUND AND REGULATED BY THESE TERMS AND CONDITIONS. BY SUBMITTING YOUR ORDER, THIS AGREEMENT CONSTUTUTES A BINDING CONTRACT BETWEEN YOU AND VERIHULL LLC. BY SUBMITTING YOUR ORDER, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS & CONDITONS. IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS OF USE DO NOT SUBMIT YOUR ORDER AND PLEASE DO NOT VISIT THE SITE. BY ACCEPTING THE TERMS AND CONDITIONS OF USE, BOAT HISTORY REPORT® GRANTS YOU A NON-EXCLUSIVE AND NON-TRANSFERABLE LIMITED LICENSE TO USE THE PARTICULAR DATA, HRS (HISTORY REPORT SERVICE) FROM BOATHISTORYREPORT.COM PURSUANT TO THE TERMS AND CONDITIONS OF USE.
This website, www.boathistoryreport.com, (the "Site"), is owned and operated by VeriHull LLC (“BOAT HISTORY REPORT®”). BOAT HISTORY REPORT® has the right to change, edit, or cease any service, feature or characteristic, such as but not limited to, content, equipment required for use and access of the Site, and time of availability.
Changes in Terms and Conditions of Use
BOAT HISTORY REPORT® reserves the right to modify this Terms and Conditions of Use at any time and without advance notice. It is advised that you frequently read this Terms and Conditions of Use to review any changes.
Customer Agreement for Personal Use Package
By submitting this order and making this purchase, I accept and will be bound by the Terms and Conditions of Use of the BOATHISTORYREPORT.COM website and of BOAT HISTORY REPORT®. I agree to pay a one-time charge of the appropriate fee based on my selection of purchase options, plus appropriate sales tax, according to my card issuer agreement. I agree that I will be able to run the number of reports specified in the package based on my purchase option for 60 days, from the date of the purchase. I acknowledge and agree that the watercraft’s Hull Identification Number, (the “HIN”) is required to access and retrieve reports through BOATHISTORYREPORT.COM. I acknowledge that when I confirm my HIN on the “Record Search” Report Preview page, I will receive a report for the HIN displayed on this page. I also acknowledge that I will be provided with a report regardless of whether the HIN follows the Federally regulated HIN format and that it is my responsibility to ensure the accuracy of my HIN before proceeding with the confirmation of my HIN. I acknowledge that I will not receive a complimentary report credit if I run an incorrect HIN. I agree that I will be able to view and link to a single report run under a Personal Use Package from my BOAT HISTORY REPORT® purchase, for 60 days from the date of the first issued report. If I choose to run the same report again instead of viewing the report from my account, I acknowledge that it will consume an additional report credit.
I intend to use BOAT HISTORY REPORT® for my personal use only, and understand that if my use is for Commercial purposes, I agree to both the Terms and Conditions of Use for personal use, as well as the Commercial Terms and Conditions of Use. Use of BOAT HISTORY REPORT® for commercial purposes, distribution or resale is strictly prohibited with a Personal Use Package and may result in the voiding of my account and the liability of additional charges from BOAT HISTORY REPORT®. “Commercial use” is defined as use by persons engaged in the business of researching, buying and/or selling of watercraft, the resale or redistribution of reports, or any other business purpose as determined by BOAT HISTORY REPORT®.
By submitting this order, I understand that BOAT HISTORY REPORT® may not have the complete history of every watercraft. Qualifications for BOAT HISTORY REPORT® refund are as follows: In the last 12 months, neither you nor any member of your household has received a refund from BOAT HISTORY REPORT®; you have run less than three history reports on your account; you request your refund within 90 days of purchase date; you have completed all steps required to receive a refund (necessary steps are received upon request for refund). It may take up to 30 days to process your refund request.
History Report Disclaimers
By using our Site and/or purchasing a history report, you agree to the following disclaimers pertaining to information provided to you through history reports.
The accuracy of information provided to you by BOAT HISTORY REPORT® through history reports is directly dependent on the accuracy of the information reported to BOAT HISTORY REPORT® by its providers and affiliates. BOAT HISTORY REPORT® DOES NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY IT AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH INFORMATION, REPORTS AND SEARCH RESULTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE PRICES CHARGED BY BOAT HISTORY REPORT® ARE BASED UPON BOAT HISTORY REPORT®'S EXPECTATION THAT THE RISK OF ANY LOSS OR INJURY THAT MAY BE INCURRED BY USE OF THE SITE AND ANY SEARCH RESULTS WILL BE BORNE SOLELY BY THE USER, AND NOT BOAT HISTORY REPORT®. BOAT HISTORY REPORT® SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY BOAT HISTORY REPORT®'S ACTS OR OMISSIONS IN PREPARING OR DELIVERING THE INFORMATION PROVIDED BY IT, INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE OR GROSS NEGLIGENCE BY BOAT HISTORY REPORT®, ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR REPRESENTATIVES. IN NO EVENT SHALL BOAT HISTORY REPORT® BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, EVEN IF BOAT HISTORY REPORT® WAS NEGLIGENT OR GROSSLY NEGLIGENT, WAS ADVISED OF SUCH POSSIBILITY OF DAMAGES, OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. IF, NOTWITHSTANDING THE PROCEEDING SENTENCE, LIABILITY IS IMPOSED ON BOAT HISTORY REPORT®, THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO BOAT HISTORY REPORT® FOR THE INDIVIDUAL REPORT FROM THE HRS REPORT IN QUESTION.
Neither BOAT HISTORY REPORT®, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that the Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site.
You specifically acknowledge that BOAT HISTORY REPORT® is not liable for the defamatory, offensive, or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
BOAT HISTORY REPORT® reserves the right to alter the BOAT HISTORY REPORT® pricing and Terms and Conditions of Use at any time without prior notification.
License and Site Access
BOAT HISTORY REPORT® offers you a limited license to access and have personal use of this Site. The information provided by BOAT HISTORY REPORT® will continue to be the exclusive property of BOAT HISTORY REPORT®. Except as expressly provided IN THESE Terms and Conditions of Use, this transaction shall not be deemed to convey any right, title or interest, including patent, copyright or other proprietary right, in or to such information. The programs and software which operate this website are confidential trade secrets of BOAT HISTORY REPORT® and, therefore, you agree not to modify the programs or any embodiment thereof or attempt to decipher, decompile, disassemble or reverse engineer the programs or software or any embodiment thereof.
Customer shall not (i) sell HRS reports or information derived from HRS reports without prior written permission from BOAT HISTORY REPORT®, (ii) share its usernames and passwords with any other person or entity (other than with BOAT HISTORY REPORT®-approved third party vendors to facilitate the Permitted Use), (iii) permit the use of the HRS by any third party, (iv) use or permit the use of the HRS in the operation of a service bureau or (v) use the HRS for anything other than the Permitted Use.
Systematic retrieval of the content or any data from this Site to directly or indirectly, compile or create, in entirety or in part, a collection, compilation, database or directory without the exclusive written permission of BOAT HISTORY REPORT® is strictly prohibited.
Any use of the Site in any manner that may disable, damage, impair, or overburden the Site or interfere with any other person's use of the Site is strictly prohibited.
Unauthorized and/or illegal use of this Site, including but not limited to, unauthorized linking or framing, unauthorized utilization of any spider, robot, or any other automated device on the Site, or any manual procedure used to monitor or copy any portion of the content, will be thoroughly investigated and appropriate legal action will be taken, including but not limited to, civil and criminal measures, and proceedings for restrictions and restraining orders.
When sending emails to BOAT HISTORY REPORT® and visiting BOATHISTORYREPORT.COM, you are electronically communicating with us. By using the Site, you agree to receive electronic communications from us and affiliated third parties. You agree that all communications, notices, agreements and disclosures between you and BOAT HISTORY REPORT® electronically shall satisfy any legal requirements that such communications be in writing.
All content included on BOATHISTORYREPORT.COM, such as but not limited to logos, graphics, text, data compilations, software, images, and icons, is the property of BOAT HISTORY REPORT® and is protected by United States and international copyright laws. The collection of all content on this Site is the exclusive property of BOAT HISTORY REPORT® and is protected by United States and international copyright laws. All software used on this Site is the property of BOAT HISTORY REPORT® or its software providers and is protected by United States and international copyright laws.
All trademarks and service marks of BOATHISTORYREPORT.COM and its affiliates displayed on the Site are protected by United States and international laws. Unless exclusively permitted by BOAT HISTORY REPORT®, you may not use any of its trademarks or service marks with any service or product that could possibly cause confusion among consumers, that is not provided by BOAT HISTORY REPORT®, or that could discredit, degrade or denigrate BOAT HISTORY REPORT®.
If you create a BOAT HISTORY REPORT® account, you are responsible for maintaining the confidentiality of your account and password needed to restrict access to your computer and you agree to take responsibility for all activities that take place from within your account.
Obligations after Expiration
Notwithstanding any other provisions hereof, the terms and conditions of this Agreement shall survive any expiration or termination hereof to the extent necessary to carry out the intent of the Parties.
Governing Law; Jurisdiction and Venue
The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the state of Florida without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby acknowledge, agree to and submit to personal jurisdiction in the state courts in and for Orange County, Florida. You further acknowledge and agree that exclusive and sole venue for any legal actions related to or arising under these Terms and Conditions of Use or relating to or arising from use of the website or any information provided by BOAT HISTORY REPORT® shall be in the state court of appropriate jurisdiction in Orange County, Florida.
The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.
BOATHISTORYREPORT.COM is not liable in any way and holds no responsibility for any damages to, or any viruses that may damage, your computer equipment or any other property affected by your use and/or access of, or browsing, the Site and/or downloading of any data, images, text, or resources from the Site.
You agree to indemnify, defend, and hold innocent BOAT HISTORY REPORT® and its affiliates and their relevant officers, directors, employees, and agents from and against, any and all but not limited to, demands, damages, claims, actions, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) occurring as a result of your use of the Site and/or any information acquired from the Site or its reports.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
II. COMMERCIAL USER TERMS AND CONDITIONS
These BOAT HISTORY REPORT® General and Commercial User Terms and Conditions of Use form the agreement (“Agreement”) between BOAT HISTORY REPORT® (“BOATHISTORYREPORT.COM”) and the company identified on the Create Account Page of www.boathistoryreport.com and each of such company’s affiliate and/or location (each, a “Location”), including without limitation, any Locations acquired during the term, or that may become a Location as a result of ownership or management changes (collectively, “Customer”). This Agreement will continue in full force and effect so long as Customer subscribes to any BOAT HISTORY REPORT® services or uses BOAT HISTORY REPORT® services for Commercial purposes. Termination of Customer’s subscription to any one BOAT HISTORY REPORT® service does not terminate any other BOAT HISTORY REPORT® service to which Customer may have subscribed.
BOAT HISTORY REPORT® permits to Customer and Customer therefore accepts a non-exclusive and non-transferable limited license to use particular and certain data ['HRS' (history report Service)] from BOAT HISTORY REPORT® in agreement and accordance with all terms and conditions hereby stated.
Commercial Terms and Conditions
BOAT HISTORY REPORT® provides HRS as a service that provides information regarding the history of watercraft obtained by BOAT HISTORY REPORT® from a variety of sources. The HRS is subject to modification and change without prior announcement, notice, or warning.
This Agreement is in effect from the date on which it is accepted by BOAT HISTORY REPORT® and shall remain in effect for one-year (the 'Term'). This Agreement will automatically renew for further one-year periods except in the event that either party gives the other party written notice of its intent to terminate this Agreement thirty days prior to the anniversary date. The Customer's failure to order further services or any alteration by BOAT HISTORY REPORT® of any particular service hereunder shall not terminate this Agreement, it being the intent of the parties for this Agreement to continue in effect in the event of orders for service in the future. BOAT HISTORY REPORT® reserves the right to alter the BOAT HISTORY REPORT® pricing and terms and conditions at any time without prior notification.
This website, BOATHISTORYREPORT.com, (the 'Site'), owned and operated by VERIHULL LLC, has the right to change, edit, or cease any service, feature or characteristic, such as but not limited to, content, equipment required for use and access of the Site, and time of availability.
HRS shall be accessible at all times, unless unavailable due to acts of God, systems maintenance, systems malfunctions, or situations outside the control of BOAT HISTORY REPORT®. Customer agrees and understands that HRS and related services and products are solely written in the English language. The parties of this Agreement agree and understand BOAT HISTORY REPORT® might use facilities of other firms to offer HRS to Customer, therefore BOAT HISTORY REPORT®'s responsibility is restricted to the other firms' capability to execute their assigned tasks. Customer will acquire the necessary means to access HRS at their own expense.
BOAT HISTORY REPORT® hereby grants to Customer a limited, nontransferable and nonexclusive license to access and use the BOAT HISTORY REPORT® HRS solely for Customer's internal business purposes ("Permitted Use"). Customer acknowledges that the HRS and all intellectual property relating thereto are and will remain the property of BOAT HISTORY REPORT®.
Restrictions on Access and Use
Customer shall not (i) sell HRS reports or information derived from HRS reports without prior written permission from BOAT HISTORY REPORT®, (ii) share its usernames and passwords with any other person or entity (other than with BOAT HISTORY REPORT®-approved third party vendors to facilitate the Permitted Use), (iii) permit the use of the HRS by any third party, (iv) use or permit the use of the HRS in the operation of a service bureau or (v) use the HRS for anything other than the Permitted Use. Unauthorized and/or illegal use of this Site, including but not limited to, unauthorized linking or framing, unauthorized utilization of any spider, robot, or any other automated device on the Site, or any manual procedure used to monitor or copy any portion of the content, will be thoroughly investigated and appropriate legal action will be taken, including but not limited to, civil and criminal measures, and proceedings for restrictions and restraining orders. In the event Customer provides a HRS report to another party, Customer will not: (A) use the HRS reports or information for unlawful purposes; (B) provide the HRS reports or information to any party for resale or remarketing in any manner; or (C) modify the HRS report in any way. Customer shall make no representation or provide any warranty to any person or entity regarding BOAT HISTORY REPORT® and/or the HRS or reports from the HRS, whether written or oral, that is inconsistent with the provisions of the Agreement and the information contained on the HRS reports (including all disclaimers).
Billing and Payment
An eligible Customer may subscribe to the BOAT HISTORY REPORT® Commercial Subscription Plan. On a monthly basis, in consideration of payment of monthly amount identified for the chosen Commercial Subscription Plan, Customer will be allocated the number of BOAT HISTORY REPORT® credits, as identified in the selected Commercial Subscription Plan, at no additional cost. Customer may run Boat History Reports for Customer’s purposes only, and will not run Boat History Reports for the benefit of any other third party. If Customer exceeds the allocated number of Boat History Reports identified in the selected Commercial Subscription Plan in any month, Customer will pay an amount equal to the price per report identified in the selected Commercial Subscription Plan for each Boat History Report® in excess of the allocated number. No credits will be given in the event that Customer’s usage in any month is less than that permitted pursuant to the selected Commercial Subscription Plan, either as a refund or to use in any subsequent month or for any other BOAT HISTORY REPORT® products or services. If Customer switches Commercial Subscription Plans mid-way through the monthly billing cycle, Customer acknowledges that they will be charged the full amount of the new Commercial Subscription Plan and will not receive a refund for any unused portion of their previous plan. However, the Boat History Report® credits previously paid for will remain in their account through their original expiration date. Customer will pay all taxes applicable to selected Commercial Subscription Plan in accordance with federal, state and local laws and regulations.
In the event of premature termination of this Agreement, Customer agrees to pay the difference between published price plan and any reduced promotional pricing (as well as free service) Customer was assessed for use of HRS. BOAT HISTORY REPORT® reserves the right to change prices at any time. All payments are required to be made in immediately available U.S. funds. If Customer fails to make payments according to the terms of this Agreement, or termination of this Agreement by BOAT HISTORY REPORT®, Customer shall continue to be charged its monthly minimum requirement, if pertinent, in addition to other amounts due for the Term of this Agreement. BOAT HISTORY REPORT® reserves the right to accelerate such amounts due upon notice to Customer. Customer agrees to pay a reactivation fee of $20 in order to activate service previously terminated as a result of nonpayment. Customer agrees that reactivation of service shall be subject to the sole discretion of BOAT HISTORY REPORT®. In the event of reactivation of service, Customer understands and agrees that it shall not thereafter be qualified for any reduced promotional pricing in effect prior to such termination of service. On amounts more than thirty days past due, Customer agrees to pay an interest rate of fifteen perfect per annum and collection fees where permitted by law. Customer agrees to pay a fee of $25 for each check returned by Customer's financial institution to BOAT HISTORY REPORT®. Use of HRS is subject to any limits established by BOAT HISTORY REPORT®.
Customer agrees and understands that they are liable for any charges and fees (including any fees or penalties which may occur from any abuse, misuse, or unauthorized use of the account) occurring as a result of the use of their email address and/or password. Customer agrees and understands that solely authorized representatives of Customer shall be given Customer's email address and password to access HRS at each Customer location.
Each Party acknowledges and agrees that in performing its obligations under this Agreement, it shall have access to or be directly or indirectly exposed to confidential information of the other Party. Each Party shall hold confidential all confidential information and shall not disclose or use such confidential information without the express written consent of the other Party. Each Party shall use reasonable measures and reasonable efforts to provide protection for confidential information of the other Party, including measures at least as strict as those each Party uses to protect its own confidential information. Such measures shall include, without limitation, requiring employees and independent contractors to sign a non-disclosure agreement before obtaining access to confidential information of the other Party.
Customer agrees and acknowledges that all of the General Terms and Conditions of Use in addition to the Commercial Terms and Conditions of Use apply to Customer and Customer’s account, including but not limited to all limitations of liability, waiver of warranties, indemnification, venue and choice of law provisions.
BY VISITING OR USING THE SITE, OR ANY PAGE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND BOAT HISTORY REPORT® (VERIHULL LLC). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THE SITE.