Terms Of Use

Galati Yacht Services, LLC Terms of Use

Last Updated: 12/05/2025

These Terms of Use (“Terms”), apply to the website and associated services (collectively the “Website”) that link to the Terms and are owned or operated by Galati Yacht Sales, LLC and our affiliates (“Galati Yacht Sales”, “we”, “us” or “our”).

Please read carefully the following Terms of Use (the “Terms”) because they constitute a binding agreement between you, the user who uses our Website (“you” and “your”) and us. By accepting these Terms or by accessing or using the Website, you signify your agreement with these Terms and you acknowledge that you will be subject to our Privacy Policy. If you do not agree to these Terms, you must not access or use the Website.

You can download a printable copy of these Terms here. IMPORTANT NOTE: Please read carefully the sections titled LIMITATION OF LIABILITY, INDEMNIFICATION, DISCLAIMER OF WARRANTIES, GOVERNING LAW; ARBITRATION; WAIVER OF TRIAL BY JURY, and LIMITATION ON TIME TO FILE CLAIM. These provisions limit our liability to you, time limits for filing claims, and affect how disputes are resolved.

1.Changes to these Terms

We may revise or update these Terms from time to time. We will post the revised Terms on our Website. By continuing to use the Website after such changes have taken effect, you indicate your agreement to the amended Terms. Any changes in the Terms take effect upon posting and only apply to use of the Website after that date.

You can determine when the Terms were last revised by referring to the “Last Updated” legend at the top of this page. Each time you access, use or browse the Website, you signify your acceptance of the then-current Terms. You consent to receive communications from Galati Yacht Sales in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

 

2.Eligibility to Use the Website

You may use the Websites only if you are eighteen (18) years or older (or the applicable age of majority in your jurisdiction, if greater than eighteen (18) years of age), are capable of forming a binding contract with us, and are not barred from using the Websites under any applicable law.

The Website is directed to persons 18 years of age or older. Galati Yacht Sales and the Website do not knowingly collect information from children under age 18. If you are under age 13, you are not permitted to use the Website or to submit any personally identifiable information to the Website. If you provide information to Galati Yacht Sales through the Website, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse and use the information on the Website, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf; you may post messages, but you may not submit any personal information. If you are a parent or guardian and believe Galati Yacht Sales may have inadvertently collected personal information from your child, please notify Galati Yacht Sales immediately by sending an email to legal@galatiyachts.com.

3. Additional Terms

Certain features or services offered on the Website may be subject to separate guidelines, terms and conditions which may be posted from time to time or made available at the time of access or download (“Additional Terms”). All Additional Terms are hereby incorporated by reference into these Terms. These Additional Terms govern if there are any conflicts with these Terms.

4. Acceptable Use of the Website

When using the Website, you agree to abide by any usage guidelines we may present to you from time to time and by all applicable laws, regulations and rules.

You represent and warrant that: (i) the execution of these Terms and the performance of your obligations hereunder do not and will not breach any agreement to which you are a party to, or any other legally binding instrument that you are committed to; and (ii) these Terms will constitute your legal, valid and binding obligation, enforceable against you in accordance with the conditions hereunder.

In connection with using or accessing our Website you agree to comply with these Terms and all applicable laws, rules, and regulations, and you will not:

  • access or use the Website for or in connection with any activity that constitutes or encourages a criminal offense, give rise to civil liability or otherwise violate any applicable law or industry standard;
  • distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share, or otherwise exploit the Website and its content in any unauthorized manner
  • make available any information and materials that infringe a third party’s rights;
  • engage in any activity that interferes with or disrupts the proper working of the Website or any activities conducted on the Website;
  • access or use the Website if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Website, or are a person with whom transactions are prohibited under economic or trade sanctions;
  • copy, reproduce, adapt, create derivative works of, translate, localize, port, or otherwise modify the Website or its content, or any part thereof in any form or manner or by any means
  • breach or circumvent any laws, regulations, third-party rights or our systems, Website, policies, or determinations of your account status;
  • manipulate the price of any item or interfere with any listings;
  • transfer your Galati Yacht Sales account and user ID to another party without our consent;
  • share your log in credentials with any third parties.
  • provide us with content in inappropriate categories or areas of our Website;
  • engage in gambling;
  • provide us with content that is false, inaccurate, misleading, deceptive, defamatory, libelous, illegal, inappropriate, harmful, or violates and/or infringes the rights of others;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Galati Yacht Sales or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Website for any purpose, except with the prior express permission of Galati Yacht Sales;
  • circumvent any technical measures used to provide our Website;
  • interfere with the functioning of our Website, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Galati Yacht Sales application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Galati Yacht Sales. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Galati Yacht Sales or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of our Website or post content that does not belong to you;
  • commercialize any Galati Yacht Sales application or any information, data, or software associated with such application, except with the prior express permission of Galati Yacht Sales; or

5.QUALIFICATIONS; Account Registration

In order to submit an offer through the Website, prospective buyers must possess the necessary qualifications. All prospective buyers are required to complete a Request for Qualification Form prior to account registration. We reserve the right to reject, suspect, or disregard any offer submitted without a completed and verified Request for Qualification Form. We will review your Request for Qualification Form, and, in our sole discretion, determine whether you meet the necessary qualifications. Only those who are approved will be permitted to create an account and submit offers on listed vessels.

Your right to use our Website is not transferable. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information to register an account. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is subject to our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

With respect to any such registration, we may refuse to grant you the username you request. Your username and password, or any other piece of information as part of our security procedures, is for your personal use only and you must treat such information as confidential and you must not disclose it to any other person or entity. You are responsible for maintaining the confidentiality of your account and password and for restricting access to it, and you agree to accept responsibility for all activities that occur under your account or password.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

6. Content

When you provide content using our Website (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Website, including development of new offerings as part of our Website, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights, including any moral rights, in that content against Galati Yacht Sales, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Website.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such content is accurate, appropriate, and legal. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any Intellectual Property Rights of any third party. Galati Yacht Sales takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including Galati Yacht Sales users). Galati Yacht Sales may modify or revoke such permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but we cannot promise that the content provided through our Website will always be available, accurate, complete, and up-to-date. You agree that Galati Yacht Sales is not responsible for examining or warranting the listings or content provided through our Website, and that you will not attempt to hold us or our data providers liable for inaccuracies.

The name “Galati Yacht Sales” and other Galati Yacht Sales marks, logos, designs, and phrases that we use in connection with our Website are trademarks, service marks, or trade dress of Galati Yacht Sales in the U.S. and other countries. They may not be used without the express written prior permission of Galati Yacht Sales.

7. Vessel Listings

Although the information, specifications, photographs, and other content relating to a vessel listed on the Website (collectively, the “Listing Content”) has been obtained from sources deemed reliable, Galati Yacht Sales does not make any guarantee as to the accuracy or completeness of any Listing Content. You acknowledge any information provided or to be provided by or on behalf of a seller with respect to a vessel including, without limitation, all information contained on the Website, in advertising, or any other printed or online materials being made available to you, as a buyer, and Galati Yacht Sales, was obtained from a seller or seller’s agents, and Galati Yacht Sales has not made any independent investigation or verification of such Listing Content, and makes no representations as to the accuracy or completeness of such Listing Content.

Certain vessel listings on may be subject to designated offer windows–specific time periods during which offers will be accepted from qualified buyers. The availability of an offer window is determined at the sole discretion of Galati Yacht Sales. Outside of the active offer window, no offers will be accepted for the applicable vessel. Galati Yacht Sales reserves the right to schedule, modify, or cancel offer windows at any time and will provide notice of active windows through the website or other official communication channels.

8.TEXT MESSAGE PROGRAM TERMS

By providing us with your cell phone number (including as part of your account), you agree to receive autodialed or pre-recorded, non-marketing, service-related text messages from or on behalf of us at the phone number provided. Separately, you may elect to consent on the Website to receive autodialed text messages from us for marketing purposes.

For any text messages, message and data rates may apply. The frequency of text messages that we send to you may vary, and transactional messages will vary depending on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. If you do not wish to continue receiving text message, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out. You may receive an additional mobile message confirming your decision to opt out.

YOU UNDERSTAND AND AGREE THAT WE MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY OR SERVICES

9. Notification Procedures and Changes to the Agreement

Galati Yacht Sales may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Website, as determined by Galati Yacht Sales in our sole discretion or as may be required by applicable law. In order for us to send you notifications by email, you must ensure that you have an updated email address entered into your account. You can add an email address to your Galati Yacht Sales account or update the email address you have on your account. Galati Yacht Sales reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. Galati Yacht Sales is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

10. Privacy of Others

If Galati Yacht Sales provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a user’s information to a third party for purposes unrelated to our Website.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE VESSEL(S) WILL PROPERLY FUNCTION OR OPERATE WHEN YOU RECEIVE THEM, NOR THAT THEY WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER YOU RECEIVE THEM. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR ANY PRODUCTS OR SERVICES OR FOR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR WEBSITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY ISSUES THEREWITH.

WE MAKE NO WARRANTY OF ANY KIND REGARDING TITLE OF THE VESSEL(S). WE MAKE NO WARRANTY OF ANY KIND CONCERNING THE CONDITION OF ANY VESSEL(S). WE MAKE NO WARRANTY OF ANY KIND THAT ANY VESSEL(S) WILL BE FREE FROM HAZARDOUS OR TOXIC MATERIALS, POLLUTANTS, CONTAMINANTS, WASTE, ASBESTOS, AND ANY OTHER TYPE OF CONDITION OR DEFECT. WE MAKE NO WARRANTY OF ANY KIND REGARDING SOIL TESTING AND QUALITY, WATER RIGHTS, WATER TESTING AND QUALITY, PROPERTY SITE GRADE, FLOODPLAIN, ZONING, USE, EASEMENTS, UTILITIES AND UTILITY LINES AND PROFITABILITY OF ANY LISTED ITEM(S).

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OUR WEBSITE, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE ACCURATE, COMPLETE, UP-TO-DATE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR SERVERS THAT MAKE SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION, PHONE CALL, OR COMMUNICATIONS TO AND FROM OUR WEBSITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR CONTRIBUTED CONTENT MAY BE READ, RECORDED, MONITORED, OR INTERCEPTED BY OTHERS OR BY US. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR CONTENT TO US AND BY POSTING INFORMATION ON OUR WEBSITE, INCLUDING VESSEL(S), NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY VESSEL(S) TRANSACTION OR OTHER TRANSACTION BETWEEN USERS, INCLUDING ANY PERSON OFFERING FOR SALE OR PURCHASING A VESSEL, OF OUR WEBSITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, VESSEL(S) OR THE TRUTH OR ACCURACY OF ANY VESSEL(S) OR OTHER CONTENT PROVIDED ON OUR WEBSITE.

12. Indemnification

You will indemnify, defend, and hold harmless Galati Yacht Sales, its subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, successors, and assigns (the “Indemnified Parties”) from and against any claim or demand (including reasonable attorneys’ and experts’ fees and costs), made by any third party due to or arising out of (i) your breach of these Terms; (ii) your improper use of our Website; (iii) any personal injury, death, or property damage caused by or arising out of the listing, sale, transportation or use of any Vessel(s); or (iv) your violation of any law or rights of a third party, including related to any user content you provide or post. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without our written consent. While some jurisdictions may limit your liability hereunder, this indemnity shall apply to the fullest extent permissible by applicable law.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF THE INDEMNIFIED PARTIES, OR AN AUTHORIZED REPRESENTATIVE THEREOF, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR WEBSITE; (B) THESE TERMS; (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY; (D) YOUR, OR ANY THIRD-PARTY’S USE OF OUR WEBSITE, OR THE SERVICES ANY THIRD PARTY PROVIDES, RELATED TO THE BUSINESS WE OPERATE; (E) ANY USER INFORMATION OR USER-CONTRIBUTED CONTENT; (F) ANY INTERACTION BETWEEN OUR WEBSITE AND ANY THIRD PARTY SITE; AND (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION, PHONE CALL, OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT OR PURCHASE TRANSACTION (EVEN IF WE OR ANY THIRD PARTY RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS OF OUR WEBSITE. GALATI YACHT SALES AGGREGATE LIABILITY UNDER THESE TERMS FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100).

14. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

15. Links to other Websites

Our Website may contain links to other websites. These links are provided for your convenience only. WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED IN OR THE PRODUCTS OR SERVICES PROVIDED ON SUCH WEBSITES AND ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGES THAT MAY ARISE FROM YOUR USE OF THEM, AND SUCH WEBSITES ARE NOT INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY US. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

16. Breach of The Terms

Failure to comply with the Terms may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Website.
  • Immediate, temporary or permanent removal of any content uploaded by you to our Website.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.

We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

We reserve the right to suspend or terminate access to or withdraw or modify all or part of the Website or your account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the Website, content updates, periodic maintenance, or to resolve any issues that we become aware of. You may terminate your account or your use of the Website at any time.

Termination will not limit any of our other rights or remedies. The sections titled Indemnification, Limitation of Liability, Disclaimer of Warranties, Governing Law; Dispute Resolution; Jury Waiver, Limitation on Time to File Claim, and Miscellaneous and any other provision that is intended to survive termination shall survive termination of these Terms or your access to the Website or account.

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS Galati Yacht SaleS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

17. Geographic Restrictions

The Website is provided for users in the United States. Although it may be possible to access the Website from other countries, we make no representation that our Website is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Website will be appropriate for users in other countries or states. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18. Governing Law; arbitration; WAIVER OF TRIAL BY JURY

Any disputes arising under or related to these Terms shall be governed in all respects by the laws of the State of Florida, regardless of the principles of conflict-of-law adopted by such jurisdiction. Any dispute, controversy or claim arising out of or relating to these Terms or the breach, termination or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be settled by arbitration in Broward County, Florida administered by the International Yacht Arbitration Council in accordance with its Rules of Procedure then in effect. Judgment upon the arbitration award may be entered, and application for judicial confirmation or enforcement of the arbitration award may be made in any court of competent jurisdiction. THE PARTIES HEREBY WAIVE TRIAL BY JURY FOR ANY DISPUTE, CONTROVERSY OR CLAIM ARISING UNDER THESE TERMS.

19. Class Action Waiver

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Galati Yacht Sales ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

20. Limitation to file a claim

EXCEPT WHERE PROHIBITED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21. Notices

We may give you all required notices (including legal process) by any lawful method, including by posting notices on the Website or by sending it to any email address that you provide to us. You may contact us at: legal@galatiyachts.com

22. DMCA

If you are a copyright owner and you believe your work has been copied and used improperly on the Website, please contact us at:

Galati Yacht Sales, LLC

Address: 900 South Bay Blvd, Anna Maria, FL 34216
Phone: (800) 391-6691
Email: legal@galatiyachts.com

Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (i) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) description of the work you claim has been infringed and the description and location of the alleged infringement with respect to the Website; (iii) your contact information including address, telephone number and email address; (iv) a written statement that you have a good faith belief the accused usage is infringing; and (v) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.

Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Website is infringing, we suggest that you contact an attorney prior to sending notice.

23. NOTICE TO CALIFORNIA RESIDENTS

BY USING THE WEBSITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

If the Website is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Website is:

Provider:  Galati Yacht Sales, LLC
Address: 900 South Bay Blvd, Anna Maria, FL 34216
Phone: (800) 391-6691
Email: legal@galatiyachts.com

If the Website is deemed as electronic commercial service, you may file a complaint regarding the Website or to receive further information regarding use of the Website by sending a letter to the attention of “Legal Department” at the above address.

24. Miscellaneous

If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein. Accordingly, you and Galati Yacht Sales agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only. Galati Yacht Sales may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your account, to the Website, or under these Terms.