Legal

HARBOR SHOPPERS USER AGREEMENT & TERMS AND CONDITIONS

Effective Date: May 19, 2025

1. PARTIES AND ACCEPTANCE This User Agreement (“Agreement”) is entered into by and between Nautical Trips & Consulting LLC, a U.S. Virgin Islands limited liability company, doing business as Harbor Shoppers (“Harbor Shoppers,” “we,” “us,” or “our”) and any person or entity accessing or using the Harbor Shoppers services, including but not limited to the website www.HarborShoppers.com and its applications (collectively, the “Services”).

By registering for an account, placing a bid, listing a product, or otherwise using our Services, you (“User,” “you,” or “your”) agree to be bound by this Agreement, our Privacy Policy, and all other policies incorporated by reference.

2. SCOPE OF SERVICES Harbor Shoppers provides a multi-vendor, multi-service e-commerce platform where Users may list, bid on, buy, and sell items, including marine vessels and related goods, through auctions, direct sales, or consignment.
3. ELIGIBILITY To use our Services, you must:

• Be at least 18 years old;
• Have the legal capacity to enter into binding contracts;
• Not be barred from using our Services under applicable laws;
• Accept this Agreement in full.

4. PAYMENT TERMS & BUYER FEES

4.1 A 3% buyer’s fee applies to all purchases made via online payment methods (PayPal, Venmo, Visa, MasterCard, AMEX, Discover, Bitcoin).

4.2 Vessel purchases require a 10% deposit upon auction win or purchase agreement, with the remainder due via wire, cash, or check within ten (10) business days. Harbor shoppers has the right to charge any winning bidder the full amount or partial payment from the membership payment provided by the bidder/ purchaser of the amounts owed on the items won at auction or when an offer or purchase is made.

4.3 Late, only partial or non-payment may result in forfeiture from the buyer of the deposit/payments, cancellation of sale, listing relisting, and legal action as provided in Section 14 (Default and Enforcement).

5. AUCTIONS AND BIDDING RULES 5.1 Bids are legally binding offers. Submitting a bid constitutes a binding commitment to purchase if successful.

5.2 If you win an auction and fail to pay the full amount in the time expected:

• Your deposit and or payments, including automatic payments, will be forfeited;
• You may be subject to damages as described in Section 14;
• Legal action may be pursued under applicable U.S. Virgin Islands law.

5.3 Auction reserves may be adjusted by the seller. Auctions may be extended if a reserve is not met to allow more bidding to pass the reserve. If the reserve is met by bidders during the allotment time, the auction will end at the end of the current allotted time.

5.4 Auction time extensions shall not exceed two (2) months from the original start date unless authorized by Harbor Shoppers in writing.

6. SALES ARE “AS IS, WHERE IS” 6.1 All items are sold “As-Is, Where-Is” without warranty, unless explicitly stated in writing. 6.2 Buyers are responsible for pre-purchase and pre-bidding inspections and due diligence. No inspections will be allowed after the auction is over and won by the bidder.
7. DEPOSIT, STORAGE & TITLE TRANSFER

7.1 Deposits are due within 48 hours. Invoices for remaining balances are issued within 72 hours of deposit receipt.

7.2 Items not fully paid within ten (10) business days may be subject to forfeiture.

7.3 Storage fees accrue three (3) days after auction close.

7.4 Title will not be transferred until payment is complete and any liens or fees are satisfied.

8. SELLER RESPONSIBILITIES

8.1 Sellers warrant that they hold legal title and have the right to list and sell their items.

8.2 Sellers agree to disclose all known defects or issues. Harbor Shoppers is not responsible for disclosing issues and is to be held harmless for any findings not disclosed by the seller.

8.3 Commission on consigned vessel sales is 10% unless otherwise agreed. Additional fees may apply to the seller such as marketing, documentation and or fees for storage, liens or repairs during the term of the listing.

9. ACCOUNT AND USER CONDUCT

9.1 Users may not:

• Engage in fraudulent activity;
• Manipulate listings or interfere with other users;
• Use bots, scrapers, or any automated access tools;
• Violate any applicable laws, intellectual property rights, or terms herein.
• Post nudity or violent, graphic photos or videos.
• Descriptions and write-ups must be written in a manner that minors can read them and not for adults only.

10. PLATFORM DISCLAIMERS

10.1 Harbor Shoppers does not guarantee:

• Item condition or merchantability;
• That sellers will fulfill listings or buyers will pay;
• Accuracy of listing content, images, or specifications.

10.2 Our role is limited to a transactional platform. We do not assume ownership or possession of listed items unless explicitly stated.

11. LIMITATION OF LIABILITY Harbor Shoppers is not liable for:

• Lost profits, revenues, or consequential damages;
• Service interruptions or downtime;
• Platform errors, listing misplacement, or delays. Liability is limited to: (a) Total amount paid by user to Harbor Shoppers in the last 12 months, or (b) $100 — whichever is greater.

12. INDEMNIFICATION You agree to defend, indemnify, and hold harmless Harbor Shoppers, Nautical Trips and Consulting, LLC and its affiliates, officers, employees, and agents from any claims, damages, or losses arising out of your breach of this Agreement, unlawful use of the Services, or violation of any third-party rights.
13. LEGAL DISPUTES AND ARBITRATION

13.1 All claims shall be resolved exclusively through arbitration in the District of St. Thomas and St. John, U.S. Virgin Islands.

13.2 Arbitration shall follow AAA rules. No class actions or consolidated proceedings are permitted.

13.3 Either party may seek emergency relief in a territorial court.

14. DEFAULT AND ENFORCEMENT Failure to pay as required subjects the buyer to:

• Forfeiture of deposit;
• Resale of the item;
• Legal and collection costs;
• Liens, interest, and damages as per applicable law.

15. MODIFICATIONS We reserve the right to update this Agreement at any time with 30 days’ notice. Continued use constitutes acceptance.
16. MISCELLANEOUS

16.1 This Agreement shall be governed by the laws of the U.S. Virgin Islands.

16.2 If any provision is held unenforceable, all remaining provisions remain in effect.

16.3 This Agreement supersedes all prior versions.

HARBOR SHOPPERS PRIVACY POLICY (INCLUDES GDPR & CCPA COMPLIANCE)

Effective Date: May 19, 2025

1. INTRODUCTION Harbor Shoppers (“we,” “our,” or “us”) respects your privacy. This Privacy Policy describes how we collect, use, disclose, and safeguard your information when you visit our website www.harborshoppers.com (the “Site”) or use our associated services. It is compliant with the General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”).
2. INFORMATION WE COLLECT We collect the following categories of personal data:

• Identifiers: Name, mailing address, email address, IP address, phone number.
• Account Information: Username, password, purchase and bidding history.
• Financial Data: Payment card data, bank account information.
• Device Data: Browser type, operating system, unique device identifiers.
• Geolocation Data: Country and region derived from IP.
• Cookies and Tracking Data: Usage data collected via cookies, web beacons, and similar technologies.

3. COOKIES AND TRACKING TECHNOLOGIES We use cookies and similar technologies to:

• Remember user preferences and sessions.
• Analyze website traffic and usage trends.
• Serve targeted advertisements via third parties.

You can manage your cookie preferences by adjusting your browser settings or using our on-site Cookie Management Tool.

4. HOW WE USE YOUR INFORMATION We process your personal data for the following purposes:

• Account registration and management.
• Processing payments and facilitating transactions.
• Customer support and communication.
• Marketing and promotional communication (with consent).
• Analytics and website optimization.
• Compliance with legal obligations.

5. LEGAL BASES FOR PROCESSING (GDPR) We rely on the following legal bases:

• Your consent (e.g., for marketing emails).
• Performance of a contract (e.g., facilitating purchases).
• Legal obligations (e.g., record-keeping, fraud prevention).
• Legitimate interests (e.g., site security, business analytics).

6. DISCLOSURE OF PERSONAL DATA We may share your personal data with:

• Service providers: For payment processing, hosting, and marketing.
• Affiliates and subsidiaries: As needed for business operations.
• Law enforcement and regulators: To comply with legal requests.
• Successors: In the event of a sale, merger, or acquisition.

We do not sell personal data to third parties without your explicit consent.

7. YOUR RIGHTS UNDER GDPR & CCPA Depending on your jurisdiction, you may have the following rights:

• Access: Request a copy of your personal data.
• Rectification: Request correction of inaccurate information.
• Deletion: Request deletion of your personal data (subject to exceptions).
• Data Portability: Request transfer of your data in a machine-readable format.
• Opt-Out of Sale: CCPA allows California residents to opt out of the sale of personal information.
• Restriction/Objection: Limit or object to the processing of your data.

To exercise your rights, email us at: info@harborshoppers.com.

8. DATA SECURITY We implement commercially reasonable safeguards to protect your data, including encryption, access controls, and secure payment gateways. However, no system can be guaranteed 100% secure.
9. DATA RETENTION We retain your data only as long as necessary to:

• Fulfill the purposes described in this Policy.
• Comply with legal or regulatory requirements.
• Enforce agreements and resolve disputes.

10. INTERNATIONAL DATA TRANSFERS Data may be stored or processed outside your country, including the United States. We rely on adequacy decisions, Standard Contractual Clauses, or your explicit consent where required.
11. CHILDREN’S PRIVACY We do not knowingly collect data from individuals under 18 years old. If we learn a child has submitted personal data, we will promptly delete it.
12. DO NOT TRACK (DNT) & THIRD-PARTY ANALYTICS We currently do not respond to DNT browser signals. However, users can disable cookies or adjust their preferences. We use Google Analytics and similar third-party services; their privacy policies apply.
13. CHANGES TO THIS PRIVACY POLICY We may update this Policy. We will notify users of material changes by posting a notice on the Site or via email. Continued use of our Services after such changes constitutes acceptance.
14. CONTACT US If you have any questions or concerns about this Policy, please contact:

• Email: info@harborshoppers.com
• Mailing Address: Harbor Shoppers, 6289 Estate Frydenhoj, St. Thomas, USVI 00802

HARBOR SHOPPERS SITE USAGE TERMS AND CONDITIONS

Effective Date: May 19, 2025

1. INTRODUCTION These Site Usage Terms and Conditions (“Site Terms”) govern your use of the Harbor Shoppers website, services, and related applications (collectively, the “Site”). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Site Terms, the User Agreement, and the Privacy Policy, all of which are hereby incorporated by reference.
2. CAPACITY TO CONTRACT The Site is intended for professional users only. By using the Site, you affirm that you:

• Are at least 18 years of age;
• Are acting on behalf of yourself or a legally recognized business;
• Have the authority to bind that entity, if applicable.

3. REGISTRATION & ACCOUNT SECURITY 3.1 Users must register an account to access certain features of the Site. 3.2 You are solely responsible for maintaining the confidentiality of your login credentials and for all activity under your account. 3.3 You agree to notify Harbor Shoppers immediately of any unauthorized use or suspected breach.
4. USER RESPONSIBILITIES AND PROHIBITED ACTIVITIES You agree not to:

• Post false, misleading, or defamatory content;
• Use bots or scraping tools to harvest data;
• Upload viruses, malware, or disruptive code;
• Attempt unauthorized access to the Site;
• Use the Site to violate any law, regulation, or third-party rights;
• Impersonate any person or misrepresent your identity.

5. USER CONTENT 5.1 By submitting content (text, images, listings) to the Site, you grant Harbor Shoppers a non-exclusive, royalty-free, worldwide license to use, display, and distribute such content. 5.2 You represent and warrant that you own or have the right to post any content you submit.
6. THIRD-PARTY LINKS AND SERVICES The Site may contain links to third-party websites and services. Harbor Shoppers is not responsible for third-party content, data practices, or business activities. You access such sites at your own risk.
7. PRIVACY AND COOKIES Use of the Site is also governed by our Privacy Policy (see Document 2), which explains how we collect and process personal data and outlines cookie usage. You consent to our use of cookies and data practices as outlined therein.
8. SITE AVAILABILITY AND MODIFICATIONS

8.1 We may change, suspend, or discontinue any aspect of the Site at any time without notice.

8.2 We are not liable for interruptions, delays, or outages in Site availability.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 All Site content—including trademarks, designs, layout, and text—is owned by or licensed to Harbor Shoppers.

9.2 You may not copy, modify, distribute, or exploit such content without express written permission.

10. TERMINATION

10.1 Harbor Shoppers reserves the right to suspend or terminate your account or Site access at any time for breach of these Site Terms or applicable law.

11. LIMITATION OF LIABILITY

11.1 To the fullest extent permitted by law, Harbor Shoppers shall not be liable for any direct, indirect, or consequential damages arising from your use of the Site.

11.2 Use is at your own risk and on an “AS IS” basis.

12. GOVERNING LAW

12.1 These Site Terms shall be governed by and construed in accordance with the laws of the U.S. Virgin Islands.

12.2 Any disputes shall be resolved as outlined in the User Agreement’s Arbitration Clause (Document 1).

13. CHANGES TO TERMS

13.1 We may update these Site Terms at our discretion.

13.2 You are responsible for reviewing them periodically.

13.3 Continued use of the Site after changes are posted constitutes acceptance.

14. NOTICES AND COMMUNICATIONS

14.1 All notices to Harbor Shoppers shall be in writing and sent to: Harbor Shoppers, 6289 Estate Frydenhoj St. Thomas, USVI 00802

All notices to you may be delivered via email or posted on your user account.

15. ENTIRE AGREEMENT

15.1 These Site Terms, together with the User Agreement and Privacy Policy, constitute the entire agreement between you and Harbor Shoppers regarding use of the Site and supersede all prior understandings.

16. SEVERABILITY AND WAIVER

16.1 If any provision of these Site Terms is held invalid, the remainder shall remain in full force. No waiver by Harbor Shoppers of any term shall be deemed a continuing waiver of such term or any other term.

Harbor Shoppers is a verified merchant, and credit card payments are processed.