Terms & Conditions
The entity you are contracting with is Nautical Trips & Consulting LLC, a U.S. Virgin Islands limited liability company d/b/a Harbor Shoppers, (“Harbor Shoppers”). This Agreement is only intended for use by U.S. entities, or those subjecting themselves to the laws and jurisdiction of the United States and waives any right to seek redress elsewhere.
This User Agreement is effective and binding upon acceptance for users either through registration of a Harbor Shoppers account or other electronic click-through. By registering or using any links provided, you are assumed to have read the User Agreements and related policies as incorporated therein, or waived the reading of such.
Please be advised that this User Agreement contains provisions that govern how claims resulting from any access, transaction attempted or entered into are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). Unless you opt-out: (1) you will only be permitted to pursue claims against Harbor Shoppers on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
About Harbor Shoppers:
We invite you to bid on the assets listed for auction or sale at www.harborshoppers.com in accordance with the following terms and conditions of sale herein or as may be presented with that auction. Any participation in an auction is an acknowledgement and acceptance of each of these terms and conditions, including an intent for any offer to purchase made to be binding upon you if you are a successful bidder.
This sale is strictly on an “as is, where is” basis for the account of Whom It May Concern. The Seller makes no warranties, express or implied, in connection with the Assets or its sale of the same to the Buyer. Without limiting the generality of the foregoing, the Seller and their agents, partners, clients other involved parties hereby DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE with respect to the Assets or its sale of the same to the Buyer. Every item is purchased as is, where is, with all defaults, faults, and wear and tear.
The right to reject any and all bids without reason or explanation is reserved. The right to discontinue any auction before completion or closing is reserved. All bids must be submitted via the harborshoppers.com website no later than the time and date indicated on the auction listing.
The purchaser is responsible for the payment of loading and transportation charges which may accrue in order to take delivery of the goods from their present location.
The successful bidder/purchaser is to furnish a USD deposit of funds via PayPal/ credit card within 48 hours of the auction’s closing based on the auctions terms noted by the bid box during the auction. We will then issue our invoice via email, in the full amount of the bid/purchase price, less the deposit within 72 hours of receipt of the deposit. Payment of this invoice must be by wire transfer (details provided on the invoice), and must be received within ten (10) business days from the date of the end of the auction. (Please note that vesssel sales of over 32′ in length in the state of Florida and California will have the purchase proceeds sent to the states required escrow accounts).
Failure to strictly comply with the payment requirements and all terms and conditions of sale may result in forfeiture of the deposit funds, and barring the bidder from future offerings (Please contact us for unforeseen circumstances may arise for a payment extension)
If a bidder has set an upper limit bid and an identical bid is placed, the bidder with the upper limit price entered earliest will take precedence.
For vessel purchases buyer is responsible for the storage fee after 3 days from the auction close date, unless otherwise noted on the auction. Any accrued charges must be paid before the vessel is released. In the event they are not paid, Harbor Shoppers may place a lien upon the vessel, or withhold transfer of title and resell the vessel at auction after a period of fifteen (15) days has passed from the close of the auction.
A 3% buyer fee is charged in addition to the total cost of product at checkout.
While we may provide pricing, transfer, and other guidance in our Services, such guidance is solely informational and you may choose not to follow it. Also, while we may help facilitate the resolution of disputes through various programs, Harbor Shoppers has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Using Harbor Shoppers
Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.
While using or accessing the Services you will not:
post, list or upload content or items in inappropriate categories or areas on our site;
breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
manipulate the price of any item or interfere with other user’s listings;
post false, inaccurate, misleading, defamatory, or libelous content;
take any action that may undermine the feedback or rating systems transfer your Harbor Shoppers account (including Feedback) and user ID to another party without the express written consent of Harbor Shoppers;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Harbor Shoppers or the interests or property of Harbor Shoppers users;
use any robot, spider, scraper or other automated means to access our Services for any purpose;
bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
export or re-export any Harbor Shoppers application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
copy, modify, or distribute rights or content from our Services or Harbor Shoppers’s copyrights and trademarks;
copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of Harbor Shoppers and the appropriate third party, as applicable;
commercialize any Harbor Shoppers application or any information or software associated with such application; or
harvest or otherwise collect information about users, including email addresses, without their consent.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Abusing Harbor Shoppers
Without limiting other remedies, we may, without reason, limit, suspend, or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our Services, delay or remove hosted content, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services. As a policy, you may expect the above responses, if:
we think that you are creating problems or possible legal liabilities;
we think that such restrictions will improve the security of the Harbor Shoppers community or reduce our or another Harbor Shoppers user’s exposure to financial liabilities
we think that you are infringing the rights of third parties;
we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or
you fail to pay us all fees due for our Services
When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. , such being solely at our discretion.
The fees we charge for using our Services change depending on the product being sold. We may change our fees or temporary promotions from time to time with no advance notice. However, fees for any particular auction shall not be changed without prior notice once an auction is active, without us terminating such.
Participant shall pay all fees and applicable taxes associated with our Services or items before services are rendered or items delivered. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel). Harbor Shoppers, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Harbor Shoppers reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at info@HarborShoppers.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Harbor Shoppers account, you must contact the collection agency directly.
When listing an item for sale or servicing, you agree to comply with the following listing conditions.
You are responsible for the accuracy and content of the listing and item offered.
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Harbor Shoppers can’t guarantee exact listing durations.
We strive to create a marketplace where buyers or servicer’s find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
buyer’s/servicer’s location, search query, browsing site, and history;
item’s location, listing format, age, price or cost, terms of service, end time, history, and relevance to the user query;
seller’s history, Detailed Seller Ratings, and Feedback; and
the number of listings matching the buyer’s or servicer’s query.
*Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
When buying an item, you agree to the rules for buyers and that:
You are responsible for reading the full item listing before making a bid or commitment to buy.
You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).
We do not transfer legal ownership of items from the seller to the buyer.
Virgin Islands Code Annotated Title 11, § 101 et al. and Uniform Commercial Code Article 9 apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
Any applicable state laws in the buyer’s jurisdiction.
Vessel Exclusive Listings:
The OWNER warrants that he has lawful right to sell the VESSEL and agrees:
- To furnish the BROKER with specifications, an inventory of the equipment to be included in the sale, a copy of the VESSEL’s registration, title, and/or document, and photographs of the VESSEL (if available).
- To pay the BROKER a commission equal to10 percent (10 %) of the selling price or minimum commission in USD Dollars if the VESSEL is in any manner sold, donated, traded, leased, or chartered (for more than one month) during the term of this agreement to any person or organization introduced to the VESSEL and brought together through the efforts of the BROKER.
- The OWNER agrees to pay the commission specified above if within one year of this agreement’s termination the VESSEL is sold, donated, traded, leased, or chartered (for more than one month) by the OWNER to any person or organization introduced to the VESSEL by the BROKER where the parties were brought together25 through such efforts during the term of this AGREEMENT.
- OWNER represents and warrants: The VESSEL has not been materially damaged since OWNER purchased it nor is OWNER aware of any damage to the vessel that has not be provided to Harbor Shoppers.
- The owner agrees to provide previous information on major repairs and or current damages. (If the VESSEL sustained material damage described by the owner or seen by the listing agent for Harbor Shoppers (theBROKER is authorized to disclose to potential BUYER, who may rely on the representations contained herein in making a purchasing decision.)
- OWNER will transfer the VESSEL to BUYER free of all debts, claims, liens, taxes, customs duties, license fees and encumbrances of any kind.
- OWNER shall provide BROKER copies of ownership and registration records within five (5) days of the date of this CONSIGNMENT AGREEMENT.
- OWNER acknowledges and agrees that BROKER (Harbor Shoppers) may act as a dual-agent, ie. representing both OWNER and BUYER, in a purchase and sale transaction if BUYER is not represented by their own BROKER.
- THE OWNER authorizes Harbor Shoppers and its agents to sell the VESSEL described in the CONSIGNMENT AGREEMENT made online or on a hard copy to sell the VESSEL and if sold by either the consignor or Harbor Shoppers the commissions and expenses will be due to Harbor Shoppers.
- The OWNER must notify Harbor Shoppers of the capacity of the consignor to the VESSEL listed ( Sole Owner, Joint Owner, Power of Attorney, Agent, Corporate Owner).
- The OWNER must provide Harbor Shoppers with the HIN, Vessel name and previous names and disclose if it was a CTL before.
- The OWNER agrees to reimburse Harbor Shoppers for any additional services requested such as, Cleaning, Repairs, Towing, Salvage, Virtual Tours, or other paid marketing and listing services.
B. Harbor Shoppers and its agents agree:
- To distribute information to prospective purchasers for the VESSEL as the BROKER judges suitable.
- To promptly transmit all offers to the OWNER.
- To keep listings current with changes requested in writing from the owner to the listing agent or sent via email to firstname.lastname@example.org
- To assist in the closing paperwork with the buyer and seller.
C. Responsibility for the care, custody, and control of the VESSEL remains entirely with the OWNER. Although the BROKER may recommend storage, maintenance, and other providers of service, the final decision to employ such services remains50 with the OWNER. The BROKER shall not be held responsible for any damages suffered by the OWNER as a result of employing such services.
D. The CONSIGNMENT AGREEMENT MAY ONLY BE CANCELLED WITH SIXTY DAYS ADVANCE WRITTEN NOTICE. The AGREEMENT is binding on the OWNER’s heirs, executors, successors, administrators and assigns by excepting the terms and conditions of www.Harborshoppers.com.
E. If any term, condition, or provision of the CONSIGNMENT AGREEMENT is held to be unenforceable for any reason, it shall be interpreted to achieve the intent of the parties to the CONSIGNMENT AGREEMENT to the extent possible rather than avoided. All other terms, conditions, and provision of the CONSIGNMENT AGREEMENT shall be deemed valid and enforceable.
F. The CONSIGNMENT AGREEMENT may not be amended or modified, except in writing, signed by both parties.
G. All notices must be in writing and may be made by mail, personal delivery, overnight courier, or electronic media.
H. Any dispute, controversy or claim relating to the CONSIGNMENT AGREEMENT, including but not limited to the interpretation thereof, or its breach or existence, which cannot be resolved amicably by the Harbor Shoppers and OWNER shall be referred to arbitration which shall be the sole and exclusive forum for resolution and settlement of any dispute, controversy or claim between the parties. The arbitration shall be conducted in accordance with the provisions and procedures of arbitration legislation in effect in the State in which the Head Office of the Harbor Shoppers is located.
I. The CONSIGNMENT AGREEMENT may be signed in any number of identical counterparts, each of which will be an original (including signatures delivered via email or other electronic means) with the same effect as if the signatures thereto and hereto were upon the same instrument.
J. Any dispute, controversy or claim relating to this agreement, including but not limited to the interpretation thereof, or its breach or existence, which cannot be resolved amicably by the HARBOR SHOPPERS and OWNER shall be referred to arbitration which shall be the sole and exclusive forum for resolution and settlement of any dispute, controversy or claim between the parties. The arbitration shall be conducted in accordance with the Rules of the American Arbitration Association and shall be held in the city and state of the HARBOR SHOPPER’S office. Any award of the arbitral authority shall be final and binding upon Harbor Shoppers and OWNER with respect to all disputes, claims or controversies encompassed therein, and the BROKER and OWNER shall comply with the said award without delay. The arbitral authority shall in its award, fix and apportion the costs of arbitration. The award of the arbitral authority may be enforced by any court having jurisdiction over the party against which the award had been rendered. Harbor Shoppers and OWNER agree that the issuance of an award by the arbitral authority shall be a condition precedent to the right of either party to institute any legal action or proceeding in any court on a matter relating to this agreement. Harbor Shoppers and OWNER further understand and agree that arbitration shall be the sole and exclusive forum for resolving any dispute, controversy or claim relating to this AGREEMENT and that neither party shall resort to any89 court except to compel arbitration, refer questions of law, or to confirm, vacate or modify any such award.
L. Any disputes arising between Harbor Shoppers Listing Agent and the OWNER must be settled between those two parties and Harbor Shoppers will only consider the platform for marketing the listing and have no liabilities for representing the VESSEL online. The agent(Store) takes all reasonability as the BROKER OR LISTING AGENT
When providing us with content or posting content using Harbor Shoppers services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sublicensees or assignees.
You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and our use of such content (including of works derived from it) in connection with the Services.
We may offer catalogs of stock images, descriptions and product specifications that are provided by third-parties (including Harbor Shoppers users). You may use catalog content solely in connection with your Harbor Shoppers listings. We may advertise, sell, broker, or auction goods or items which are substantially similar to each other. No exclusivity is offered to any seller by this agreement.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogs. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. To submit a notice to Harbor Shoppers, you must contact info@HarborShoppers.com.
Authorization to Contact You
To contact you for reasons relating to your account or your use of our Services or as authorized by applicable law
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
If the buyer returns an item because it does not match the listing description, sellers will generally be responsible for unwinding the transaction and funds will be returned.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Harbor Shoppers applications may not occur in real time. Such functionality is subject to delays beyond Harbor Shoppers control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS/WHERE IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold Harbor Shoppers responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
your use of or your inability to use our Services;
pricing, conveyance, servicing results, or other guidance provided by Harbor Shoppers;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing, or linking to, our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Harbor Shoppers Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Abusing Harbor Shoppers section above;
the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or
your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due up to the price the item sold for, as was actually paid,on Harbor Shoppers (including any applicable sales tax) and any original conveyance costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
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.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of Harbor Shoppers Services or your breach of any law or the rights of a third party.
You and Harbor Shoppers agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Harbor Shoppers User Agreement your use of or access to Harbor Shoppers sites, services, applications, and tools, or any products or services sold or purchased through Harbor Shoppers sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law
You agree that the laws of the Territory of the U.S. Virgin Islands, District of St. Thomas and St. John, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Harbor Shoppers, except as otherwise stated in the User Agreement.
B. Agreement to Arbitrate
You and Harbor Shoppers each agree that any and all disputes or claims that have arisen or may arise between you and Harbor Shoppers relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Harbor Shoppers Services, or any products or services sold, offered, or purchased through Harbor Shoppers Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. The Arbitrator will be mutually selected by the litigating parties. In the event that the parties to the litigation cannot be mutually agreed upon, the Arbitrator will be selected by the Defendant, or if multiple Defendants including Harbor Shoppers, by Harbor Shoppers.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND HARBOR SHOPPERS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HARBOR SHOPPERS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER HARBOR SHOPPERS USERS.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: WCS Holdings LLC- 5304 Yacht Haven Grande, Suite 104, St. Thomas, USVI 00802.
The arbitration shall be held in the Territory of the U.S. Virgin Islands, District of St. Thomas and St. John or at another mutually agreed location. If the value of the relief sought is $50,000 or less, you or Harbor Shoppers may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Harbor Shoppers subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Harbor Shoppers unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the Territory of the U.S. Virgin Islands, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Harbor Shoppers users, but is bound by rulings in prior arbitrations involving the same Harbor Shoppers user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Harbor Shoppers for all fees associated with the arbitration paid by Harbor Shoppers on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Harbor Shoppers prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Harbor Shoppers. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on www.HarborShoppers.com at least 30 days before the effective date of the changes and by providing notice through the Harbor Shoppers Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the new terms.
Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until 30 days after the version of the User Agreement not containing the Agreement to Arbitrate is posted to http://www.HarborShoppers.com, and shall not be effective as to any claim that was filed in a legal proceeding against Harbor Shoppers prior to the effective date of termination.
C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Harbor Shoppers must be resolved exclusively by a territorial or federal court in the U.S. Virgin Islands, venue to be located in St. Thomas, U.S. Virgin Island. You and Harbor Shoppers agree to submit to the personal jurisdiction of the courts located within St. Thomas, U.S. Virgin Islands for the purpose of litigating all such claims or disputes. The applicable laws shall be U.S. Federal Law and the laws of the U.S. Virgin Islands.
Harbor Shoppers Mailing Address: 6501 Redhook Plaza Ste. 201, PMB 83 St. Thomas, United States Virgin Islands 00802
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.HarborShoppers.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Harbor Shoppers Message Center and/or by email. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Harbor Shoppers representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies posted on our sites may be changed from time to time. Changes take effect when posted on the Harbor Shoppers site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
Harbor Shoppers works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team at info@HarborShoppers.com and we will investigate.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.
Site Usage Terms and Conditions
The following Site Usage Terms and Conditions (“Site Usage Terms”) establish the terms of your use of Harbor Shoppers sites and services (e.g., www.HarborShoppers.com and any third party marketplace, as well as on-site events to be held by an Harbor Shoppers company or affiliate) (together, the “Site”).
The Site Usage Terms were last revised on April 2, 2018.
1. CAPACITY TO CONTRACT. The Site is available only to individuals acting in a professional capacity (non-consumers) If you are acting on behalf of another person or entity, you represent and warrant that such person or entity has authorized you to act and enter into legally binding contracts on its or his/her behalf. Without limiting the foregoing, (i) minors in any jurisdiction, (ii) consumers that reside in one of countries of the European Union and (iii) individuals who have been suspended from the Site may not use the Site. For Sellers in one of the countries in the European Union, the Site may only be used by commercial (non-consumer) parties, who have a valid VAT ID number that is verifiable through the EU Commission’s VIES database (accessible via the following web link: http://ec.europa.eu/taxation_customs/vies/vatResponse.html)
2. REGISTRATION. Registration is required to use certain features of the Site. Harbor Shoppers reserves the right, in its sole discretion, to disapprove of any request to become a registered user (a “Registered User”) and to suspend or terminate your authorization to use the Site for any reason. By registering with the Site, you agree to comply with these Site Usage Terms and Conditions and, when buying or selling equipment through the Site, with the Buyer Terms and Conditions and Seller Terms and Conditions, respectively. You represent and warrant that (i) all information provided to Harbor Shoppers is accurate and complete and (ii) you will update such information so that it is kept current, accurate and complete at all times. You acknowledge and accept that Harbor Shoppers may contact you using the contact information you provide during registration and that you may incur wireless charges, depending upon the method of communication, which are your sole responsibility. Harbor Shoppers reserves the right, in its sole discretion, to disapprove of any application to list Equipment and to suspend or terminate your authorization to use the Site at any time and for any reason, with or without cause.
3. LOGIN ID, PASSWORD, SECURITY. You are solely responsible for protecting the confidentiality of your login ID and password and are responsible for all use of your Site account. You agree to notify Harbor Shoppers immediately of any unauthorized use of any login ID and/or password or any other breach of security regarding the Site. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
4. USER RESPONSIBILITIES. You agree to comply with all applicable laws and regulations regarding your use of the Site. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots”, “spiders”, “offline readers”, etc., to access the Site in a manner that sends more request messages to Harbor Shoppers servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Site; (vi) collecting or harvesting any personally identifiable information, including account names, from the Site; (vii) using the Site for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or (ix) bypassing the measures we may use to prevent or restrict access to the Services.
5. USER INFORMATION AND PRIVACY STATEMENT. Harbor Shoppers has made a commitment to protect the confidentiality and privacy of your personally identifiable information. Please see Harbor Shoppers Privacy Statement, located at http://www.HarborShoppers.com/legal and incorporated herein by reference, for more information about our collection, use and protection of your personal information. By using the Site, you are specifically consenting and agreeing to Harbor Shoppers Privacy Statement.
7. MODIFICATION AND AVAILABILITY. Harbor Shoppers may, at any time, delete, modify or supplement the content of this Site without prior notice. Harbor Shoppers reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. Harbor Shoppers may also impose limits on certain features of the Site or restrict your access to all or part of the Site without notice or penalty.
8. MONITORING. You agree that Harbor Shoppers has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site and usage of the Site.
9. SERVICE AVAILABILITY. Harbor Shoppers makes reasonable commercial efforts to make its Services and Site available. However, Harbor Shoppers is not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of bids or other aspects of an Advertisement.
10. SECURITY. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
11. COPYRIGHT AND TRADEMARKS. The trademarks, trade names, designs and all material contained on this Site or through other Services, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of Harbor Shoppers or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission from Harbor Shoppers is strictly prohibited.
12. TERMINATION. Without limiting any other remedies, Harbor Shoppers shall have the right to terminate your access to the Site and features to which you may have registered at any time, without notice, in Harbor Shoppers sole discretion for any reason, including, without limitation, if we determine that you have violated the Site.
13. DISCLAIMER; LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SERVICES, PROVIDED BY OR THROUGH HARBOR SHOPPERS 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. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HARBOR SHOPPERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF HARBOR SHOPPERS OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. GOVERNING LAW. For users contracting with Harbor Shoppers, Inc., these Site Usage Terms shall be governed by the laws of St. Thomas, U.S. Virgin Islands. The United Nations Convention on Contracts for the International Sale of Goods and, if user is located in the United States, the Uniform Computer Information Transactions Act, do not apply.
15. AMENDMENT OF SITE TERMS. Harbor Shoppers may, modify, add or remove any portion of the Site Usage Terms from time to time, in its sole discretion with or without notice to you, by posting such changes on the Site. Once posted such changes shall come into full force and effect. In addition to other forms of acceptance, use of the Site constitutes acceptance of these Site Usage Terms, including continued use after such changes are posted. It is your responsibility to check periodically for changes to the Site Usage Terms.
16. NOTICES. Any notice to Harbor Shoppers must be in writing and must be sent by registered mail or overnight courier to 6501 Redhook Plaza Ste. 201, PMB 83 St. Thomas, United States, Virgin Islands 00802 Attn: General Counsel. Any notice to you shall be given by email to the email address provided to you during registration as a Registered User, or as subsequently updated by you, or via posting on the Site, any of which you agree shall be sufficient notice to you. Notice shall be deemed to have been given to you upon twenty-four (24) hours after it has been sent or at the time the information was posted on the Site. If you change your email address, you are responsible for updating your account profile.
17. MISCELLANEOUS. If any provision of these Site Usage Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Site Usage Terms, and the remainder of these Site Usage Terms shall continue in full force and effect. The failure by Harbor Shoppers to exercise or enforce any rights or provisions of these Site Usage Terms shall not constitute a waiver of such right or provision. All provisions in these Site Usage Terms regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Site Usage Terms. If a translation of these Site Usage Terms into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. If these Site Usage Terms are provided to you in a language other than English, Harbor Shoppers does so solely for your convenience. These Site Usage Terms contain the entire agreement with respect to the use of the Site, and supersede all previous communications, representations, understandings and agreements, either oral or written, between us.
Harbor Shoppers respects the intellectual property of others, and we expect our users to do the same. Harbor Shoppers may suspend and/or terminate listings and/or the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Site, you should provide Harbor Shoppers copyright agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Harbor Shoppers Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: