Conditions of Use

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  The "Conditions of Use" on this page represent the entire understanding between you and MarineBidExchange.com, Inc. (MBx) regarding the use of this website. By clicking "I Accept" on the any of our registration pages, you are accepting these "Conditions of Use". If you are not agreeable to these "Conditions of Use", click "I DO NOT ACCEPT" and discontinue all use of this website. MarineBidExchange.com, Inc. reserves the right to change, modify, alter, update, remove delete any portion of these "Conditions of Use" at any time so please check our "Conditions of Use" and our "Privacy Policy" from time to time. Your continued use of this website after any changes to our "Conditions of Use" and "Privacy Policy" endorse your acceptance of these changes.
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Services

provides a cost effective tool for both buyers and sellers of marine related products and services to conduct a sell/purchase exchange using one of the following Auction Programs:

  1.    RFP Bidding

Request for Proposal Services (referred to as "RFP or RFPs" from here on), include the tools to setup RFPs with an unlimited number of items to describe, in great detail, a "Requester's" (buyer of services) needs with desired conditions and to solicit the lowest bid for the services. The bidder, seller of these services, submits bids with or without changes to the Requester's RFP conditions. This constitutes a non-binding offer from the bidder.

Note: Unlike normal forward auctions, our software does not automatically select and notify a winning bidder at the end of an RFP period. Instead, all RFP bids and conditions of bids are presented to the "Requester" of the RFP after the RFP period has ended.

The "Requester", using the MBx Bid Management Console, reviews all bids, bidder's changes to the Requester's Recommended Repairs, and the bidder's capabilities listed on your optional "Mini-Webpage", which also includes the location where the bidder's service will be provided. Requesters may want to contact the top candidates to clarify any of the itemized conditions before selecting the Best Repair Facility Candidate. The Requester then selects the Best Repair Facility Candidate to do the repair considering all factors in the Management Bid Console. E-mails are sent to all bidders to check the Bid History. The Best Repair Facility Candidate will be shown in the Bid History.

Our RFP Platform Services include RFP Setup, RFP Edit and Relist forms, unlimited number of items each with (4) thumbnail and popup photos, and the MBx RFP Bid Management Console assist in making good business decisions when purchasing a repair service. Our specific programs using these RFP Services are:

Once the RFP period has ended you will be notified by e-mail that the RFP period has ended and to use your Management Console to select a winning bidder. Some bidders may have a link to their MBx mini webpage for you to review their repair capabilities. The RFP requester may Reject All Bids and an e-mail notice will go out to all bidders that the requester of this RFP has "Rejected All Bids". Even though the requester rejects all bids, they will be charged the normal transaction fee and given a "Relist Transaction Credit" to relist the same RFP again. See our Pricing Policy.

Reject All RFP Bids - At the end of an RFP, requesters are allowed to reject all bids but will be charged 5% of the lowest bid in an RFP just as if they selected a winning bidder. Along with the charge, will be a Transaction Fee Credit that the requester must redeem by relisting the same RFP, with or without changes, within 180 days from the initial RFP ending date and time.

2.    Sealed Bid Bidding

Our Sealed Bid Auction Services format allows Requesters (Sellers) to list items for public auction or sale to bidders who place only one "Sealed Bid". Unlike the Forward Auctions above, there is no minimum bid or reserve bid and the bids are never posted with the item for bidders to see. After the auction has ended, all bids are presented to the Requester (Seller). If the highest bid meets or exceeds the Requester's minimum requirements, generally within a few days, the Requester (Seller) will notify the winning bidder that their bid has been accepted per the conditions of sale posted with the item. Most conditions of sale include taking delivery of the item "Where is, As is". If the highest bid does not meet or exceed the Requester's (Seller's) minimum bid requirements, the Requester (Seller) may Reject All Bids.

Once the Sealed Bid Auction period has ended you will be notified by e-mail that your Sealed Bid Auction period has ended and to use your Auction Management Console to select a winning bidder. The Sealed Bid requester may Reject All Bids and an e-mail notice will go out to all bidders that the requester of this Sealed Bid Auction has "Rejected All Bids". Even though the requester rejects all bids, they will be charged the normal transaction fee and given a "Relist Transaction Credit" to relist the same Sealed Bid Auction again. See our Pricing Policy.

Reject All Sealed Bids - At the end of a Sealed Bid Auction, requesters are allowed to reject all bids but will be charged 5% of the lowest bid in a Sealed Bid Auction just as if they selected a winning bidder. Along with the charge, will be a Transaction Fee Credit that the requester must redeem by relisting the same Sealed Bid, with or without changes, within 180 days from the initial Sealed Bid Auction ending date and time.

3.      Forward Auction Bidding

Our Forward Auction Services include the tools for "Requesters" (in this case, sellers) to solicit the highest bid for an item or items for sale. This auction format allows Requesters (Sellers) to list items for public auction or sale to the last and highest competitive bidder subject to the conditions of sale posted with the item. The seller's conditions of sale may will include a Minimum Starting Bid Price which will be posted with the item and may include an optional Reserve Bid Price which will not be posted with the item. If an item is being auctioned with a Reserve Bid Price, the winning bid must exceed the Reserve Bid Price and all other competitive bids. After the auction has ended, a winning bidder is determined by our software and both the seller and the winning bidder are notified by e-mail. An example of items for sale using this format are:

  • Privately owned boats and yachts
  • Corporate owned megayachts and superyachts
  • Privately and Commercially owned equipment and supplies such as used engines.
  • Commercial Vessels
MBx offers RFP, Forward and Sealed Bid Auction tools to to help marine businesses save money and offer great deals to individuals. We offer our winning bidders using the Forward Auction and Sealed Bid format with a "FREE Escrow Service" to help them facilitate their transactions but we are not directly involved in the actual Purchase Agreement between Requesters and Bidders. Any and all agreements reached by Requesters and Bidders on the conditions of sale of any items on this website are solely between the Bidders and Requesters. MBx does not recommend or endorse to anyone any items that are listed for sale on this website as we have no control over the item's quality, safety or legality as well as the truth of accuracy of the item posted or the ability of requesters to sell or bidders to buy. We cannot ensure that a requester or bidder will complete a transaction or in fact pay for the item once action is over.

Because we are not directly involved in the actual purchase agreement between Bidders and Requesters, in the event that you have a dispute with one or more users, you release MarineBidExchange.com, Inc. (and it's officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If you are a California resident, you agree to waive the California Civil Code #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."

We trust that our registered requesters (sellers) will use professional business ethics but we cannot guarantee and/or control the information provided by other users on this website. You may find other userís information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our website.

Please Note:

"If a bid is made and that bid is the highest bid, it is expected that payment will be made as a binding contract for services rendered. If the bidder fails to pay the full bid amount, MarineBidExchange.com, Inc. and/or the seller has the legal right to collect those sums or fees. The winning bidder or highest bidder will and shall be responsible for any and all expenses that are incurred to collect those funding, including attorneys fees, court costs, travel expenses, depositions and filing of clerical fees. MarineBidExchange.com, Inc. is also entitled to be paid the maximum interest amount allowed by law on the unpaid amount owed or bid by the bidding buyer. The winning bidder will be also responsible for any and all applicable taxes that would have been owed if the bidder had paid for the auction item within 30 days after the auction closed.

Be sure your registration information is valid. Participating in our auctions using any invalid registration information is grounds for MBx to DELETE YOUR BIDS AND REGISTRATION and BAN YOU FROM USING OUR WEBSITE AGAIN.

Any litigation will be in Broward County, Florida, in the appropriate court as required by Florida law. The prevailing party of the law suit will be entitled to all expenses and attorneys fees. If both parties elect to either conduct mediation or arbitration expenses and related fees if both have so agreed in writing. Both parties "MBx" and the other party must post an initial deposit fee to confirm payment will be made to the mediator or arbitrators at least 30 days before the hearing date of mediation or arbitration."
 

Note: There are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.



Bidding There are basically 3 types of bidding available.

1.       RFP Bidding as a Seller of Services

Bids (offers) submitted using our RFPs Services are non-binding and fully retractable, until final acceptance by the Requester (Buyer). If your bid (offer) is accepted by the Requester (Buyer), without any changes or clarification of conditions, the purchase agreement is binding on both parties so long as the conditions of sale are not in violation of this Conditions of Use Agreement or is unlawful.

2.       Sealed Bid Bidding as a Buyer to Purchase - See our FREE Escrow Services

If you have been notified by e-mail that you are the winning bidder of a Sealed Bid Auction, you are obligated to complete the transaction with the Requester (Seller) unless the transaction is prohibited by law or by this Conditions of Use Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the itemís description (or linked to from the description) so long as those conditions of sale are not unlawful or in violation of this Conditions of Use Agreement. Bids are not retractable except in extraordinary circumstances such as when a clear typographical error is made.

3.       Forward Auction Bidding as a Buyer to Purchase - See our FREE Escrow Services

If you are the winning bidder at the end of a Forward Auction, you are obligated to complete the transaction with the Requester (Seller) unless the transaction is prohibited by law or by this Conditions of Use Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the itemís description (or linked to from the description) so long as those conditions of sale are not unlawful or in violation of this Conditions of Use Agreement. Bids are not retractable except in extraordinary circumstances such as when a clear typographical error is made.

To ease the concerns of placing bids in our Forward Auctions for boats of any size and condition prior to your personal inspection, we provide winning bidders with an Optional FREE Escrow Service .

Use of our FREE Escrow Services

If you are a Forward Auction Winning Bidder of an lot that allows 3rd Party Escrow Services and can inspect the vessel and agree to purchase prior the specified Vessel Acceptance Agreement date listed with the auction, we will offer you our Escrow Service for FREE. MarineBidExchange.com, Inc. is a licensed and bonded Yacht Brokerage residing in the state of Fort Lauderdale, Florida with an official Escrow Account at Bank Atlantic. Just follow the our instructions below:

1.   Indicate to us that you intend to use our FREE Escrow Service by clicking on the FREE Escrow Service Application link in your Winning Bid e-mail notification.

2.  Enter your specific User ID, Password and your Winning Bid Lot # and select Submit. You will see a our Escrow Services form that will already have the Lot #, Title, Location (City & State) and the Vessel Acceptance date in it. Submit the form to us. By submitting this form you will agree to adhere to our Escrow Services Agreement below. We suggest that you print out submission response page for your records.

3.  After submitting this form, make out a check in the amount of 10% of the Winning Bid to:

MarineBidExchange.com, Inc. Escrow Account
4.   Reference the exact Lot # on the face of the check.

5.   Send the check to:

MarineBidExchange.com, Inc.
954 Nautilus Isle
Dania Beach, FL 33004
6.   Inspect the vessel yourself or hire an experienced surveyor to inspect it for you.

7.   After your inspection results are evaluated, you must either Accept the Vessel per the Requester's Condition of Sale or Reject the Vessel on your Vessel Acceptance Agreement that you printed previously by:

a.)   Indicate your choice by selecting one of the two options, Accept or Reject.

b.)   Sign and Date

c.)   Fax to 954-764-2642 BEFORE the Vessel Acceptance Date and time.

If you Reject the Vessel based upon your inspection results prior to the agreed to Vessel Acceptance Date, you will receive 100% of your escrow deposit back within 5 working days.

If you Accept the Item prior to the agreed to Vessel Acceptance Date, we will forward your deposit less our transaction fees to the Requester within 5 working days. It is up to you to pay the balance due to the Requester within the Requester's Condition of Sale payment period.

If you DO NOT Fax us your Vessel Acceptance Agreement indicating your Acceptance or Rejection of the vessel prior to the Vessel Acceptance Date, you will LOOSE your deposit. In that case, we will forward 50% of the deposit to the seller. for the time the vessel was removed from the market, and retain the other 50% for providing you the our FREE Escrow Service whether you purchase the item or not.



Listing 1.      Listing an RFP as a Buyer of Services

Your RFPs must include enough information to adequately describe your needs as a buyer. This can be done by using multiple items, photos and textual descriptions of the damage found and recommended repair. You may initially upload up to (4) photos per item and an unlimited number of items. You may edit your information while your RFP is in "Pending Mode" prior to activation. Your RFP will stay in "Pending Mode" until you activate it. Even after you activate it, it will stay in "Pending Mode" for an extra 24 hours. Once your RFP changes to "Active Mode" you WILL NOT be able to edit anything that you originally submitted as that would be changing the conditions of the sale which is not allowed. You may only add photos or text which does not change the conditions of sale. If you add information, it will be time stamped on your RFP for all to see.

2.        Listing a Sealed Bid Auction as a Seller

To list a vessel using our Sealed Bid Auction format, select Post a Forward Auction. Near the end of the first page select "Submit a Sealed Bid Auction". Your Sealed Bid auction must include enough information to adequately describe the vessel you are soliciting bids for. This can be done with multiple items, photos and textual descriptions of the of the vessel. You may upload an unlimited amount of photos to describe the vessel. You may edit your information while your Sealed Bid is in "Pending Mode" prior to activation. Your Sealed Bid will stay in Pending Mode until you activate it. Even after you activate it, it will stay in "Pending Mode" for an extra 24 hours. Once your Sealed Bid Auction changes to "Active Mode" you WILL NOT be able to edit anything that you originally submitted as that would be changing the conditions of the sale which is not allowed. You may only add photos or text which does not change the conditions of sale. If you add information, it will be time stamped on your RFP for all to see.

3.        Listing a Forward Auction as a Seller

Your Forward Auction must include enough information to adequately describe the vessel or property you are soliciting bids for from the general public.

To list a vessel using our Forward Auction format, select Post a Forward Auction. Near the end of the first page select "Submit a Forward Auction". Your Forward Auction must include enough information to adequately describe the vessel you are soliciting bids for. This can be done with multiple items, photos and textual descriptions of the of the vessel. You may upload an unlimited amount of photos to describe the vessel. You may edit your information while your Forward Auction is in "Pending Mode" prior to activation. Once your "Pending" Forward Auction becomes "Active", you WILL NOT be able to edit anything that you originally submitted as that would be changing the conditions of the sale which is not allowed. You may only add photos or text which does not change the conditions of sale. If you add information, it will be time stamped on your RFP for all to see.

Once the Forward Auction has ended, all bidders will be notified that the auction has ended. Our MBx System automatically selects the Winning Bidder and notifies both the Winning Bidder and the Requester to contact each other by e-mail to arrange for payment and delivery. If you receive at least one bid at or above your Reserve Price, you are obligated to complete the transaction with the highest bidder, unless there is an exceptional circumstances, such as: (a) the buyer fails to meet the terms of your listing (such as payment method); or (b) you cannot authenticate the buyerís identity. As a Requester (Seller) of this item, you will be charged our standard transaction fee even though those exceptional circumstances described above exist. If you notify us as soon as possible but not more than 30 days after your auction has ended, that your bidder has not nor will not meet their conditions of use, we will investigate your auction and your bidder's bid, and if your accusations are found to be true, we will apply a transaction credit towards your next auction in the amount of the charge. See our Pricing Policy.

If you have elected to pay your transaction fees by Credit Card, we will credit your card for the transaction fee amount within 3 days after confirming your accusation.



Payments 1.      Transaction Fees

Although, registering, setting up auctions and bidding on MBx is FREE and there are NO Insertion Fees for Requesters (Buyers or Sellers) and NO Fees for Bidders, we do charge transaction fees to requesters for the use of our services. See our Pricing Policy.

Both the a.) Full Bidder & Requester Registration and b.) Requester Only Registration for insurance companies, adjusters and surveyors, offer transaction fee incentive payment alternatives. As a Requester, you must select a preferred method of payment during the registration process. By submitting your registration, you agree not only to adhere to our MBx Conditions of Use but to the method of transaction fee payment to MarineBidExchange.com, Inc. If you need to change that method of payment, you may do so by editing your Account Profile. We may at our sole discretion, change some or all of our services and payment method alternatives at any time. If we offer a new service, the fees for that service are effective immediately upon the launch of that service. Participants using our services are responsible for all fees and applicable taxes. Unless otherwise stated, all fees are quoted in U.S. Dollars.

2.      Payment to Sellers

Recreational Boat Repair RFP requesters (buyers of services) are soliciting bids from repair facilities (sellers) to repair damage on an insured's boat. After the insurance company claims department evaluates the bids and capabilities of the repair facility, they will select the best candidate for the job. That candidate will be notified by e-mail that they were selected. The insurance company will then issue a check to the insured based upon the results of an RFP and it's up to the insured to make payment arrangements with the repair facility for the work to be done. Neither nor the Requester for a specific RFP will guarantee the repair facility that they will actually get the repair job. It's very possible that once the check is issued to the insured, that the insured may use a different repair facility to actually do the work.

Requesters using our Sealed Bid Auction format for the sale of damaged vessels should list their payment terms on the auction listing for all bidders to see and comply to.

Requesters using our Forward Auction format to sell a boat, should also list their payment terms on the auction listing for all bidders to see and comply to. We do offer all bidders of Forward Auctions a FREE Optional Escrow Service. See our Escrow Services above.



User Notices 1.     User Responsibilities

Our services are available only to individuals and entities who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors.

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this site and your purchase of the items on this Site. You agree not to use this Site or any Content contained in it for any illegal or inappropriate activities. Such illegal activities include, but are not limited to, harassing or bribing others, and misappropriating the contents of this site.

You shall not submit, publish, distribute, or transmit through this site or its e-mail links any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that would constitute or encourage a criminal or civil offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. does not warrant the prompt editing or removal of questionable content after online posting or assume liability for any action or inaction with respect to conduct, communication, or content on or through .

You agree that you will not submit, publish, distribute, or transmit anything through this site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You may not use this site to send unsolicited advertising, promotional material, or other forms of solicitation to other users.

Neither buyers nor sellers may manipulate the price of any item nor may you interfere with other userís listings or auctions, or bids and offers (as applicable) through any means.

If you are dissatisfied with these Conditions of Use, your sole remedy is to discontinue your use of this site. Without limiting any other remedies, may suspend or terminate your access to this site if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with your use of our site.

  2.    Communications, Feedback and Submissions

We welcome your comments and feedback regarding this site and our services; however, we do not want and cannot accept any ideas, materials, or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions, and other similar submissions disclosed, submitted, or offered to using this site or otherwise (collectively, ďSubmissionsĒ) are not confidential and will become and remain the property of . shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from and distribute these submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the provider of the submissions.

3.   Advertising Links

Our site may contain links to or banners advertising other sites on the Internet that are owned and operated by third party vendors and other third parties. is providing these links and banners solely as a convenience. The appearance of a link or advertisement does not imply our endorsement, nor are we responsible for the content of any linked site. You access linked sites at your own risk.

4.    Termination of Usage

These Conditions of Use are in force until terminated by either you or MarineBidExchange.com, Inc.. You may terminate these Conditions of Use solely by discontinuing your use of and access to this site. We may terminate these Conditions of Use, or suspend your access to all or part of our site, without notice, for any conduct that we, in our sole discretion, believe is disruptive to this site, is in violation of any applicable law, or is in violation of these Conditions of Use.

5.   Privacy Policy

Our current privacy policy is incorporated herein by reference and made part of these Conditions of Use. You represent that you have read the terms of such privacy policy, and agree that such terms are reasonable.

6.   Applicable Law

This site is controlled by MarineBidExchange.com, Inc. from its offices within the state of Florida, United States of America. The laws applicable to the interpretation of these Conditions of Use shall be the laws of the state of Florida, U.S.A., without regard to any conflict of law provisions. We make no representation that the content in our site is appropriate for access outside of the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within these Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

7.   Disputes

You agree that any action at law or in equity arising out of or relating to these Conditions of Use shall be filed only in the state or federal courts of Broward County, Florida, U.S.A., and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Conditions of Use may be brought by either party more than one year after the cause of action has occurred.

8.   No Waiver

Our failure to exercise or enforce any right or provision of these Conditions of Use will not constitute our waiver of such right or provision.

9.   Notices

MarineBidExchange.com, Inc., the logo, MarineBidExchange and are trademarks or service marks of MarineBidExchange.com, Inc. All such trademarks, trade names, and service marks are proprietary to MarineBidExchange.com, Inc., and may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us, without our express written permission. All other trademarks, product names, and company names and logos are the property of their respective owners.

10.    Copyright© 2001, MarineBidExchange.com, Inc. Any rights not expressly granted herein are reserved.

California Legal Notice

Californians have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538. MarineBidExchange.com, Inc., located at 954 Nautilus Isle, Dania Beach, Florida 33004, is the provider of the electronic commercial service on this site. Currently there are no charges to the consumer imposed by for use of this site, other than the transaction fees payable to by sellers of items on this site and any applicable taxes and shipping fees associated with such purchases. MarineBidExchange.com reserves the right to change its pricing and to begin charging for use of all or any portion of this site.

11.    Contact Us

Please feel free to contact to resolve a complaint regarding any aspect of service relating to this site by writing to the above address, sending e-mail to charles@marinebidexchange.com, or calling 954-921-7449. Upon your request, you may have these Conditions of Use sent to you by e-mail.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.

How to Contact Us:

Online: http://www.marinebidexchange.com
E-mail: charles@marinebidexchange.com
Phone: 954-921-7449
U.S. Mail: MarineBidExchange.com, Inc.

954 Nautilus Isle

Dania Beach, FL 33004

Thank you,

The Staff at



Disclaimers Disclaimer

THIS SITE IS PROVIDED BY MARINEBIDEXCHANGE.COM ON AN ďAS-ISĒ BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARINEBIDEXCHANGE.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCESSIBILITY OR SECURITY OF THIS SITE, AND THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.

Limitation of Liability

MARINEBIDEXCHANGE.COM ASSUMES NO RESPONSIBILITY, AND IN NO EVENT SHALL MARINEBIDEXCHANGE.COM BE LIABLE FOR, ANY INJURY, LOSS, CLAIM, DAMAGE, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, OR CONTENT FROM THE SITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

IF, NOTWITHSTANDING THE FOREGOING, MARINEBIDEXCHANGE.COM OR ANY THIRD PARTY SUPPLIER SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THIS SITE OR ITS CONTENT, THE LIABILITY OF MARINEBIDEXCHANGE.COM AND ANY THIRD PARTY SUPPLIER SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE COMMISSION PAID MARINEBIDEXCHANGE.COM WITH RESPECT TO THE PARTICULAR TRANSACTION GIVING RISE TO SUCH LIABILITY, OR (B) US$100.

 

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