TERMS AND CONDITIONS
www.panamayachtbroker.com
Effective date: 9th December 2024
1. Introduction
Welcome to the Panama Yacht Broker website (the “Website”). These Terms and Conditions (“Terms”) govern your access to and use of the Website operated by Panama Yacht Broker (referred to as “we,” “us,” or “our”).
By accessing, browsing, or using this Website, you (“User” or “you”) agree to be bound by these Terms, our Privacy Policy, Cookie Policy, and any other applicable policies referenced herein.
These Terms constitute a legally binding agreement between you and Panama Yacht Broker. If you do not agree with these Terms, you must cease using the Website immediately. By using this Website, you acknowledge and agree that these Terms are enforceable under these legal systems.
2. Definitions
For the purposes of these Terms, the following terms are defined as follows:
- “Website” refers to https://www.panamayachtbroker.com/, including all associated pages, content, and services.
- “User” refers to any individual or entity accessing or using the Website.
- “Services” means the services provided via the Website, including showcasing yacht listings and providing means of communication for inquiries.
- “Content” includes, but is not limited to, all text, images, graphics, videos, trademarks, and any other materials available on the Website.
- “Listings” refers to the descriptions, images, pricing, and other details of yachts showcased on the Website.
- “We,” “Us,” or “Our” refers to Panama Yacht Broker.
- “Intermediary” means that while the Website provides a platform for yacht listings and inquiries, Panama Yacht Broker may also directly broker yacht sales, facilitate negotiations, and assist in financial transactions as part of its professional brokerage services.
These definitions are intended to provide clarity and consistency throughout this document.
3. Eligibility
To use this Website, you must meet the following eligibility criteria:
- You must be at least 18 years of age or the legal age of majority in your jurisdiction.
- You must have the legal authority to enter into a binding agreement with Panama Yacht Broker.
- You agree to comply with all applicable local, national, and international laws and regulations when using the Website.
By using this Website, you represent and warrant that you meet the eligibility requirements outlined above. If you do not meet these criteria, you are prohibited from accessing or using the Website.
4. Scope of Services
The Website is a yacht brokerage platform designed to connect potential buyers, sellers, and other interested parties. Specifically:
- We provide yacht listings, which include descriptions, images, and pricing information submitted by both Panama Yacht Broker and third-party sellers.
- Visitors may use the Website to browse listings and submit inquiries to sellers, their representatives, or to Panama Yacht Broker for professional brokerage assistance.
- Panama Yacht Broker actively facilitates yacht brokerage services, which may include assisting with negotiations, contracts, and financial transactions between parties.
By providing professional brokerage services, Panama Yacht Broker takes an active role in some transactions while continuing to offer a platform for independent inquiries and listings. Users are encouraged to contact us for clarification or assistance with any services provided.
5. Ownership of Content
All content available on this Website, including but not limited to yacht listings, images, graphics, logos, branding materials, text, and other media (collectively, the “Content”), is owned by Panama Yacht Broker or its authorized licensors.
You are expressly prohibited from:
- Copying, reproducing, distributing, modifying, or creating derivative works of any Content without prior written permission.
- Using any Content for commercial purposes or in a manner that infringes upon our intellectual property rights.
All intellectual property rights associated with the Content are reserved, and any unauthorized use may result in legal action.
6. User Obligations
When accessing or using the Website, you agree to the following obligations:
Provide Accurate Information:
You must ensure that any information you provide, including inquiries or contact details, is accurate, current, and complete.
Respect Lawful Use:
You agree not to use the Website for any unlawful or unauthorized purposes, including:
- Misrepresenting your identity.
- Engaging in fraudulent activities.
- Violating applicable laws or regulations in Panama, the United States, or your local jurisdiction.
Avoid Misuse:
You must not interfere with the Website’s functionality, including but not limited to:
- Hacking, data mining, or attempting to gain unauthorized access to the Website’s systems.
- Spamming, flooding, or otherwise overburdening the Website.
Failure to comply with these obligations may result in the termination of your access to the Website and potential legal consequences.
7. Listing Accuracy and Verification
While Panama Yacht Broker strives to ensure that all yacht listings and related information on the Website are accurate and up-to-date, the following disclaimers apply:
Accuracy of Listings:
- Yacht listings, descriptions, and pricing may be provided by Panama Yacht Broker or by third-party sellers and their representatives.
- Panama Yacht Broker takes reasonable steps to ensure the accuracy and reliability of listings under its management but does not independently verify the information provided by third parties.
User Responsibility for Verification:
- Users are responsible for conducting their own due diligence, verifying listing details, and seeking professional advice where necessary.
- Panama Yacht Broker can provide assistance during the due diligence process for yachts under our brokerage services.
Errors and Omissions:
- The Website may contain typographical errors, inaccuracies, or outdated information.
- Panama Yacht Broker reserves the right to correct such errors or update content at any time without prior notice.
By using this Website, you acknowledge and agree to verify all listing details independently before making decisions. For additional assistance, users can contact Panama Yacht Broker directly.
8. Intermediary Role
Panama Yacht Broker operates not only as an intermediary platform but also provides professional yacht brokerage services. By using this Website, you acknowledge and agree to the following:
Brokerage and Listing Services:
Panama Yacht Broker directly brokers the sale and purchase of yachts, in addition to providing a platform for yacht listings. This includes offering expertise in negotiations, assisting with contracts, and facilitating transactions between buyers and sellers.
Active Participation in Transactions:
While the Website allows users to browse listings and inquire about yachts, Panama Yacht Broker may also act as a broker in certain transactions, offering guidance and support throughout the process.
Limited Responsibility for Listings by Third Parties:
For yachts listed by third parties, Panama Yacht Broker does not guarantee the accuracy, completeness, or condition of the yachts but will strive to ensure all representations are as accurate as possible based on available information.
9. No Liability for Transactions
As a Website that only acts as a platform for showcasing yacht listings, Panama Yacht Broker expressly disclaims any liability for transactions or interactions between buyers and sellers.
Exclusion of Liability for Listings and Transactions:
- We are not liable for any claims, losses, or damages arising from the sale, purchase, or transfer of yachts listed on the Website.
- This includes, but is not limited to, issues related to payment disputes, contract terms, delivery, or the condition of the yacht.
Risk of Use:
- You acknowledge that using the Website to explore or inquire about yacht listings is entirely at your own risk.
Disputes Between Parties:
- Any disputes arising between buyers and sellers must be resolved independently, without involving Panama Yacht Broker.
10. Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by Panama Yacht Broker.
No Endorsement:
- The inclusion of any third-party links does not imply endorsement, approval, or sponsorship of the linked websites or their content.
User Responsibility:
- You acknowledge that you access third-party websites at your own risk.
Third-Party Policies:
- Any transactions, communications, or interactions with third-party websites are governed by their respective terms and conditions and privacy policies.
We encourage you to review the terms of use and privacy policies of any third-party websites before engaging with them.
11. Intellectual Property Rights
All intellectual property rights related to the Website and its Content are owned by Panama Yacht Broker or its authorized licensors.
Protected Content:
- The Website and its Content, including but not limited to text, images, videos, graphics, logos, trademarks, and software, are protected by intellectual property laws.
Prohibited Uses:
- You may not reproduce, distribute, display, publish, modify, or create derivative works of the Content without prior written permission from Panama Yacht Broker.
- Any unauthorized use of the Website or its Content may result in legal action.
License for Personal Use:
- Subject to these Terms, Panama Yacht Broker grants you a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes.
12. Restrictions on Use
As a condition of using the Website, you agree not to engage in any of the following prohibited activities:
Unauthorized Access:
- Attempting to gain unauthorized access to the Website, its servers, or other systems, including through hacking or exploiting vulnerabilities.
Data Scraping:
- Using automated tools, bots, or scripts to scrape, extract, or collect data from the Website without prior written permission.
Unlawful Use:
- Using the Website for any illegal or unauthorized purpose, including but not limited to fraud, intellectual property infringement, or violation of applicable laws.
Disruption:
- Engaging in any activity that disrupts or interferes with the normal operation of the Website, such as spamming, overloading, or introducing harmful software (e.g., viruses or malware).
Violation of these restrictions may result in immediate termination of your access to the Website and potential legal consequences.
13. Privacy Policy
Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and store your personal information. By using the Website, you agree to the terms of our Privacy Policy. For further details, please refer to our full Privacy Policy, which is accessible on the Website.
14. Cookie Policy
This Website uses cookies and similar technologies to enhance user experience, track behavior, and analyze usage patterns. By continuing to use the Website, you consent to the use of cookies as described in our Cookie Policy.
15. Disclaimer of Warranties
Panama Yacht Broker provides this Website and its services on an “as is” and “as available” basis. By using this Website, you acknowledge and agree to the following disclaimers:
No Warranties of Accuracy or Reliability:
- While we strive to ensure that the information presented on the Website is accurate and up-to-date, we make no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any content, including yacht listings and pricing.
No Guarantee of Continuous Operation:
- We do not guarantee that the Website will be free from interruptions, errors, or security vulnerabilities.
- Temporary or permanent downtime may occur due to maintenance, technical issues, or other factors beyond our control.
No Implied Warranties:
- To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and suitability for your needs.
- Your use of the Website is at your sole risk, and Panama Yacht Broker assumes no responsibility for any consequences arising from your use of or reliance on the Website or its content.
16. Limitation of Liability
To the extent permitted by applicable law, Panama Yacht Broker and its affiliates, officers, employees, agents, and licensors shall not be liable for any losses or damages arising from your use of the Website, including but not limited to:
Exclusion of Liability:
- Direct, indirect, incidental, consequential, or punitive damages, even if we have been advised of the possibility of such damages.
- Loss of profits, data, goodwill, or other intangible losses resulting from:
- Your inability to access or use the Website.
- Errors, inaccuracies, or omissions in content.
- Unauthorized access to or alteration of your data.
Cap on Liability:
- In jurisdictions where limitations on liability are not fully enforceable, our total liability shall not exceed the amount you paid, if any, for accessing or using the Website.
These limitations apply to the fullest extent permitted by law and serve to allocate risk between you and Panama Yacht Broker in a fair and reasonable manner.
17. Indemnification
Your Use of the Website:
- Any misuse or unauthorized use of the Website or its content.
Violation of Terms:
- Your breach of these Terms or any applicable laws or regulations.
Third-Party Claims:
- Any claims brought by third parties as a result of your actions, omissions, or interactions facilitated through the Website.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with our defense of such claims.
18. Modification of Terms
Panama Yacht Broker reserves the right to update, revise, or modify these Terms at any time, in its sole discretion.
Notification of Changes:
- Significant changes to these Terms will be communicated through notices on the Website or via email to registered users.
Binding Nature of Modifications:
- Your continued use of the Website following any modifications to these Terms constitutes your acceptance of the revised Terms.
- If you do not agree with the revised Terms, you must cease using the Website immediately.
We encourage you to review these Terms periodically to stay informed about any updates.
19. Termination of Use
Panama Yacht Broker reserves the right to suspend or terminate your access to the Website at any time, with or without cause, for the following reasons:
Breach of Terms:
- Your violation of any provisions outlined in these Terms.
Misuse of the Website:
- Engaging in fraudulent, abusive, or unlawful activities while using the Website.
Discretionary Termination:
- We may terminate your access to the Website for any other reason at our discretion, with prior notice where feasible.
Upon termination, your right to access and use the Website will cease immediately, and you must destroy any downloaded or saved materials obtained from the Website.
20. Governing Law
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of Panama and, where applicable, the laws of the United States.
Choice of Law:
- In the event of a conflict, the governing jurisdiction shall depend on the nature of the claim:
- Panama: Governs matters related to website operations, content ownership, and intellectual property.
- United States: Governs matters related to payment processing and other applicable business operations.
Dispute Resolution:
- Any disputes arising from or related to these Terms shall be resolved through arbitration or mediation, where required by applicable law, or through the courts of competent jurisdiction in Panama or the United States, as applicable.You agree to submit to the exclusive jurisdiction of the courts in Panama or the United States for any disputes arising from these Terms.
21. Force Majeure
Panama Yacht Broker shall not be held liable for any failure or delay in performance resulting from events beyond our reasonable control, including but not limited to:
Acts of Nature:
- Natural disasters such as hurricanes, floods, earthquakes, or other extreme weather events.
Acts of Government or War:
- Government restrictions, regulations, or acts of war, terrorism, or civil unrest.
Technical Failures:
- Interruptions in telecommunications, internet access, or power supply.
Other Unforeseeable Events:
- Any other event or circumstance that is beyond our control and that prevents us from fulfilling our obligations under these Terms.
If a force majeure event occurs, we will make reasonable efforts to resume normal operations as soon as possible.
22. User Feedback
We welcome feedback, comments, and suggestions from our users to improve the Website and its services. By submitting any feedback, you agree to the following terms:
Ownership of Feedback:
- All feedback, suggestions, or ideas submitted to Panama Yacht Broker become our exclusive property.
- You relinquish any rights, including intellectual property rights, to the feedback provided.
No Compensation:
- You acknowledge that you will not receive any compensation, monetary or otherwise, for providing feedback.
Right to Use:
- Panama Yacht Broker may use, modify, and implement your feedback in any manner and for any purpose, including improving the Website, marketing efforts, and new service development.
You warrant that any feedback you provide is original to you and does not infringe on the intellectual property or other rights of third parties.
23. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or other competent authority, the following conditions will apply:
Survival of Valid Provisions:
- The remaining provisions of these Terms will continue to be valid, enforceable, and binding.
Modification of Invalid Provisions:
- The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that closely matches the intent of the original provision.
This clause ensures that the enforceability of the Terms as a whole is not affected by the invalidity of any single provision.
24. Entire Agreement
These Terms, along with any other legal notices and policies referenced or incorporated herein (including the Privacy Policy, Cookie Policy, and any applicable disclaimers), constitute the entire agreement between you and Panama Yacht Broker.
Supersession of Prior Agreements:
- These Terms supersede any prior or contemporaneous agreements, understandings, or communications, whether written or oral, regarding your use of the Website
No Waiver:
- Any failure by Panama Yacht Broker to enforce a provision of these Terms shall not constitute a waiver of that provision or any other provision.
Binding Nature:
- .com/These Terms are binding on both parties and may not be modified except as explicitly outlined in Section 18 (Modification of Terms).
25. Contact Information
If you have any questions, concerns, or inquiries regarding these Terms or the Website, you may contact us using the details provided below:
Panama Yacht Broker
- Website: https://panamayachtbroker
- Email Address: [insert email address here]
- Mailing Address: Panama Yacht Broker, [insert full physical address here]
We encourage users to contact us with any issues related to their use of the Website or these Terms. Please allow up to five business days for a response.