← Back to Home

LEGAL

Terms of Service

BY ACCESSING OR USING THE DIGITAL SYSTEM, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF SERVICE (THIS “AGREEMENT”) WITH GAA INC. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE DIGITAL SYSTEM.

PLEASE REVIEW SECTION 27 (DISPUTE RESOLUTION) CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GAA INC. ON AN INDIVIDUAL BASIS (WAIVING YOUR RIGHT TO A CLASS ACTION) THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

1. Definitions

The following terms shall have the meanings set forth below and other capitalized terms used in this Agreement shall have the meanings assigned to them in this Agreement.

  • Bidder means any verified user of the Service who places, submits or attempts to submit an offer or bid in an auction to purchase a Product from the Seller, on behalf of a Buyer.
  • Buyer means any user of the Digital System who places, submits or attempts to submit an offer or bid through the auction and purchases a Product.
  • Digital System means collectively the website owned and operated by GAA Inc. at dezuraluxuryboats.com and Services.
  • Seller means any user of the Digital System who lists, offers, or otherwise makes available a Product for sale through the Services and we accept it. A Seller is solely responsible for the accuracy of any descriptions, representations, and terms they provide and for completing any sale directly with Buyer and/or Bidder.
  • Services mean the GAA platform (digital system) that enables users to list, discover, bid and purchase Products. Sellers may create listings for their Products, and Buyers and/or Bidders may browse, place or submit bids through or on the Services for the Products.
  • Products means luxury boats, and other types of watercraft or marine vessels listed and/or sold through our Services.
  • User means collectively Buyer, Seller, Bidder and users who visit or interact with our website.

2. Application and Acceptance of this Agreement

These Terms of Service along with our Privacy Policy and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital System (collectively, the “Agreement”) that are owned or operated by Golden Anchor Auctions Incorporated or its affiliates (“we”, “us”, “our” or “GAA Inc.”), are a contract in electronic form between you and GAA Inc. This Agreement applies to the extent you use the Services and the Digital System as a visitor, registrant or user in any capacity permitted by these terms.

The Digital System and Content are for general information and discussion purposes only. We make no representations or guarantees about any aspect of the Digital System and Content and do not endorse any opinions expressed by any Users.

3. Age Eligibility and Legal Capacity

The Digital System is not intended for access or use by children, especially those under the age of 18. If you are under the age of 18, you may not access or use the Digital System or provide information to us.

By accessing or using the Digital System, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are a minor in your state, you need to review this Agreement with your parent or guardian before using the Digital System.

4. Your Account; Username, Password and Other Credentials

You are required to set up an account to access the Services. You are responsible for maintaining the confidentiality of your username, password and other credentials. We are not responsible for any misuse of your credentials by any third party, whether authorized by you or not. You agree to immediately notify GAA Inc. of any actual or suspected unauthorized use of your credentials or any other breach of security.

If you open an account on behalf of a company, organization or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Agreement.

5. Privacy Policy

In connection with your access to or use of the Digital System, we may obtain information from you directly or about you through the Digital System. We will use your information in accordance with our Privacy Policy, which is incorporated into this Agreement and forms part of the Agreement.

6. Communication Methods

We may send you information relating to your use of the Digital System in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

7. Intellectual and Other Proprietary Rights

As between GAA Inc. and you, GAA Inc. owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Digital System and Content. Nothing in this Agreement shall be deemed to convey to you any right, title or interest in such intellectual and proprietary property rights, except for the limited rights expressly granted herein.

You may not remove, alter, interfere with or circumvent any copyright, trademark, or other proprietary notices marked on the Digital System or Content, or any digital rights management mechanism associated with the Digital System or Content. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Digital System or Content.

8. Feedback

If you provide GAA Inc. any feedback or suggestions for improving or regarding your use of the Digital System (“Feedback”), you hereby assign to GAA Inc. all rights in the Feedback and agree that GAA Inc. shall have the right to use such Feedback and related information in any manner it deems appropriate. You agree that you will not submit to GAA Inc. any information or ideas that you consider to be confidential or proprietary.

9. User Content

“User Content” means any and all information and content that a User submits to, or uses with, the Digital System (e.g., photos, audio, video, messages, text, files, content, or listings), except any Feedback.

You are solely responsible for your User Content. The information you submit to us must be truthful, accurate and current. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the Digital System.

You hereby grant to GAA Inc. an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose.

10. Copyright Infringement Claims Policy

In accordance with the Digital Millennium Copyright Act, 17 USC sec. 512, our Digital System has designated an agent to receive notices of claims of copyright infringement: Copyright Agent, 2810 N Church St PMB 758032, Wilmington, Delaware 19802, copyright@dezuraluxuryboats.com, (650) 242-6243.

To be effective, a copyright infringement notification must be a written communication that includes the following:

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, including an address, telephone number, and email address;
  • A statement that the complaining party has a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.

11. Restricted Conduct

Please act responsibly when using the Digital System. The following rules are a condition of your access:

  • No Criminal or Unlawful Conduct. You may only use the Digital System for lawful purposes, in accordance with this Agreement, applicable laws and regulations.
  • Your Materials Must be Lawful, Accurate, Truthful and Appropriate. You may not store, upload, post, transmit or otherwise distribute any false, misleading, inaccurate, unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, or otherwise inappropriate content.
  • Content Posted by You Must be Yours. You may not distribute content that infringes the rights of any third party, including patent, trademark, copyright, right of publicity or other proprietary rights.
  • No Collection of Personal Information from Others. You may not collect, harvest, gather, assemble or store personal information about other Users without their explicit consent.
  • No Bullying, Impersonation or Interference. You may not use the Digital System to threaten, abuse, harass, or invade the privacy of any other User or third party. You may not impersonate any person or entity.
  • No System Abuse. You may not upload, post or otherwise distribute a software virus or any other computer code designed to disrupt, damage, or limit the functioning of the Digital System.
  • No Violations of Security Systems. You are prohibited from using the Digital System to compromise security or tamper with, or gain unauthorized access to, the Digital System, Content, online accounts or any other computer systems or networks.
  • No Transmission of Fraudulent Funds. In the course of sending payments to us, you shall not transmit what we believe to be potentially fraudulent funds.
  • No Violation of Payment Card Rules. You shall not use your user account or the Digital System in a manner that we, or our third party payment providers, reasonably believe to be an abuse of the card system or a violation of card association or network rules.
  • Cooperation. You must not refuse to cooperate in any investigation or refuse to provide confirmation of your identity or any information you provide to us.
  • No Circumvention. You may not circumvent any GAA Inc. determinations about your user account such as temporary or indefinite suspensions or other account holds, limitations or restrictions.

12. Availability of and Modification to the Digital System

We do not guarantee that any or all of the Digital System or any Content will be made available. We may change, modify, edit, suspend, discontinue or otherwise manipulate the Digital System, Content or any part, feature or service at any time with or without notice to you. You agree that GAA Inc. will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Digital System or Content.

13. Payment of Fees

You agree to pay any applicable fees, including any initial deposit made as a Buyer in connection with a bid, certain Buyer's fees and Seller listing fees set forth on our website in connection with bids or for any purchases you make of any Products within forty-eight (48) hours of purchase. All payments shall be facilitated through our third party payment providers, such as Stripe, Inc.

Prices listed for the Products on the Services are set by the Sellers and GAA Inc. is not responsible for setting or negotiating any prices or related fees. Listed prices may exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law.

No Refunds. As between you and GAA Inc., all sales made through the Services are final and you as a Buyer are not entitled to refunds.

14. Services Auction Terms

All actual sales of Products are solely between the Buyer and Seller. It is the responsibility of a Buyer and/or Bidder and Seller to negotiate the performance details of the transaction, like title transfer, financing, shipping, and delivery terms. This contracting is outside of the scope of this Agreement and the Services.

Reserve and Publication

In order for Seller to list their Products on the Services, the Seller is required to indicate whether there is a minimum price at which the Seller is willing to consider a sale (the “Reserve”) or whether no such minimum bid is required (“No Reserve”). An auction for a Seller's listing is live for seven (7) days from the date the listing is posted, unless otherwise specified. At the end of the seven (7) day period, the highest bidder is bound to and obligated to purchase the Product.

In certain circumstances, following the close of an auction, if no bid has met the Seller's Reserve, GAA Inc. may (in its sole discretion) offer to pay Seller a separate amount to make up the difference between the Reserve and the highest bid (the “Make Whole Amount”); provided, that such Make Whole Amount shall only be paid after the Seller's Product has been sold and paid for by the highest bidder within thirty (30) days.

Our Role

GAA Inc. is not a Products broker, dealer or traditional auctioneer and we do not sell, exchange, buy, or offer for sale, negotiate or attempt to negotiate, a sale or exchange of an interest in any Products on the Services nor do we own any of the Products posted on the Services. GAA Inc. has never and does not: (i) hold title for any Products listed on the Services, (2) inspect any Products listed on the Services or (3) had any Products listed on the Services in its legal possession.

Seller Acknowledgment

By submitting a listing, Seller acknowledges and agrees that:

  • The Seller is solely responsible for the accuracy of its listings and for consummating the transaction with the Buyer and/or Bidder in accordance with the Agreement.
  • The Seller must complete any required title transfer, registration of the Products or other legal transfer of obligations directly with the Buyer.
  • The Seller is prohibited from listing, posting, or otherwise making available the Products on any other auction, dealership, or listing service while the auction is live on or through the Services.
  • At a minimum, the Seller must provide the following details about the Product: make, model, year, propulsion, location, condition, features, description, warranty and history or any other information we may reasonably require.
  • The Seller's listing is subject to an application and approval process.
  • The Seller must pay all applicable fees for accepted listings in order for the listings to go on live auction. If payment is not received, the listing will not go live.

Buyer Acknowledgment

Each Buyer acknowledges and agrees that:

  • The Buyer fees associated with each bid submitted are binding and thus due and payable to GAA Inc. in accordance with the Agreement.
  • The Buyer is responsible for all applicable government fees and taxes for Products purchased through the Services.
  • Every bid that Buyer places through the Services is binding and irrevocable at the moment it is submitted. Buyer may not retract, cancel or modify a bid under any circumstances.
  • Buyer must pay a buyer's fee of two percent (2%) which is subject to change.

Bidder Acknowledgment

By placing a bid on the Services, Bidder acknowledges and agrees that:

  • Each bid that Bidder places is irrevocable and binding at the time it is submitted. Bidder may not retract, cancel or modify a bid under any circumstances.
  • Bidder must register, verify their status as a Bidder, and provide proof and documentation that they have the legal right, financial means and authority to place a bid before doing so.
  • Any verification of a Bidder is for convenience only and will be revoked if Bidder violates any terms of this Agreement.
  • If Bidder fails to provide verification authorization, engages in malpractice or other violation of this Agreement or applicable law, GAA Inc. may cancel or suspend the bids, terminate Bidder's account, and take legal action it deems necessary and reasonable.

15. Release

If you have a dispute with one or more Users of the Digital System or any other third parties, you release GAA Inc. (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

16. Indemnity

You agree to indemnify and hold GAA Inc. (and its affiliates, service providers, partners, officers, directors, employees, contractors, and agents) harmless from any and all damage, loss, liability, cost and expenses (including reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding or investigation made by any User or third party due to or arising out of (a) your use of the Digital System or User Content, (b) your violation of this Agreement; (c) your violation of applicable laws or regulations, (d) your use of and/or reliance on third-party service providers linked on the Digital System, or (e) any agreement or transaction between you and another User.

17. Disclaimers

THE DIGITAL SYSTEM AND PRODUCTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE DIGITAL SYSTEM OR THE PRODUCTS LISTED THEREIN: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. NOTWITHSTANDING ANY USE OF THE TERM “LUXURY”, GAA INC. MAKES NO REPRESENTATION OR WARRANTY THAT A PRODUCT IS TRULY LUXURY OR HIGH QUALITY.

GAA INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE DIGITAL SYSTEM, INCLUDING WITHOUT LIMITATION ANY APPRAISAL OR INSPECTION SERVICES. ANY LINKS TO THIRD PARTY PROVIDERS AND THEIR SERVICES ARE SOLELY FOR CONVENIENCE.

18. Limitation of Liability

IN NO EVENT SHALL WE (AND OUR AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND OUR AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE DIGITAL SYSTEM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE DIGITAL SYSTEM OR THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID GAA INC. IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

19. Third Party Digital System and Ads

The Digital System might contain links to third-party websites, apps or other services, and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services and Ads are not under the control of GAA Inc. and GAA Inc. is not responsible for any Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk.

20. Third Party Affiliate Marketing

We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Digital System. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.

21. Local Regulations

  • GAA Inc. makes no representation that the Digital System or Content are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Digital System from other locations, you do so on your own initiative and at your own risk.
  • You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

22. Term and Termination

This Agreement applies to you as soon as you access the Digital System by any means and continues in effect until validly terminated. GAA Inc. may, in its sole discretion, terminate your credentials or use of the Digital System, or remove and discard any User Content or information stored, sent, or received via the Digital System without prior notice and for any reason or no reason.

23. Entire Agreement

This Agreement (including the Privacy Policy and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital System) constitutes the entire agreement between you and us regarding the use of the Digital System. If any provision of this Agreement is held to be invalid or unenforceable, the other provisions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

24. Changes to this Agreement

We may revise, prospectively, this Agreement by posting an updated version on the Digital System or by providing you with notice. Your continued use of the Digital System will be deemed as irrevocable acceptance of any revisions.

25. No Waiver

No failure or delay by GAA Inc. in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.

26. Governing Law

This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of California, USA without giving effect to any law that would result in the application of the law of another jurisdiction.

27. Dispute Resolution (Arbitration Clause and Class Action Waiver)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and GAA Inc. arising under or related in any way to this Agreement must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Digital System.

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND GAA INC. ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND GAA INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the arbitration shall be conducted solely based on written submissions. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: San Francisco, CA, Wilmington, DE. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Wilmington, Delaware.

28. Notice to California Users

Under California Civil Code Section 1789.3, California users of the Digital System are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. You may also contact us at admin@dezuraluxuryboats.com.

29. Contact Us

If you have any questions about this Agreement, you may contact us by email at admin@dezuraluxuryboats.com.