Terms of Use

By selecting an acceptance control that links to these Terms, you agree to these Terms. Listing or bidding also requires separate acceptance of the applicable Seller Listing Agreement or Buyer Auction Agreement. For auction mechanics and transaction responsibilities, those agreements control conflicting general Terms; a mutually accepted transaction specific addendum controls only the buyer and seller sale and cannot change Ballast fees or obligations without Ballast’s written consent. The Privacy Policy describes our data practices and is available at [PRIVACY POLICY URL].

You must be at least 18, legally capable of contracting, and authorized to act for any entity you represent. Provide accurate contact, identity, ownership, and payment information. Keep credentials secure and promptly report unauthorized use. You are responsible for activity you authorize, but these Terms do not impose liability for unauthorized activity contrary to applicable law. We may request reasonable identity or ownership verification and decline transactions outside approved jurisdictions.

Ballast provides listing, bidding, and communication tools. Unless expressly stated in a separate signed agreement, Ballast is not the buyer or seller of a vessel and is not a party to the vessel purchase agreement. Ballast does not possess vessels, receive or hold the vessel purchase price, provide escrow, inspect vessels, arrange transportation or financing, or perform title transfers. Parties arrange those services independently. This description does not waive any regulatory duty that applies to Ballast’s actual activities.

Sellers are responsible for accurate listings, supporting records, and required disclosures. Ballast may edit descriptions for clarity or use automated drafting tools, but sellers must approve final factual content before publication. Editorial review is not an inspection, appraisal, title opinion, or guarantee. Buyers should investigate condition, ownership, liens, documentation, insurance, and transport costs before bidding. Ballast remains responsible for its own conduct to the extent required by law.

Do not submit fraudulent information, infringe intellectual property, conceal known material defects, bid on your own listing, arrange bids from related parties to inflate price, manipulate bids, create deceptive accounts, harass users, introduce malware, or access accounts or nonpublic systems without authorization. Do not circumvent a fee owed for a transaction resulting from an accepted winning bid. No fee is created merely because an unrelated future transaction occurs between users.

You retain ownership of your content and grant Ballast a nonexclusive, worldwide, royalty free license to host, reproduce, format, display, and promote submitted listing content for operating and marketing the service. The license continues for public auction archives, subject to applicable privacy rights, legal requirements, and our retention policy. You represent that you have permission to submit the content. Do not submit sensitive financial records in public listings. Ballast’s software, branding, and original materials remain its or its licensors’ property. Report claimed infringement to [LEGAL EMAIL] with identification of the work, the material, your contact details, and supporting information.

We may investigate suspected misconduct, remove unlawful content, restrict accounts, or suspend service where reasonably necessary. We will provide notice where practical and legally appropriate. Technical interruptions may delay or disrupt auctions. Any extension, cancellation, or rerun follows the Buyer Auction Agreement; we will not fabricate bids or alter a completed sale merely to obtain a higher price. Suspension does not eliminate applicable refund rights or existing payment obligations.

You agree to conduct platform contracting electronically and receive transaction notices at your registered email and account. You may download or retain the agreements and auction records. Contact [SUPPORT EMAIL] for copies or to stop future electronic platform transactions. Marketing consent is separate and is not required to bid. These Terms do not replace disclosures or consents separately required for particular communications or financial services.

TO THE EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED AS IS AND AS AVAILABLE. BALLAST DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT FOR ITS PLATFORM SERVICES. BALLAST DOES NOT WARRANT SELLER PERFORMANCE, VESSEL CONDITION, TITLE, OR UNINTERRUPTED SERVICE. THESE DISCLAIMERS DO NOT LIMIT EXPRESS PROMISES BALLAST MAKES, LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED, OR THE SELLER’S TITLE AND DISCLOSURE OBLIGATIONS.

TO THE EXTENT PERMITTED BY LAW, BALLAST WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE PLATFORM, INCLUDING LOST PROFITS OR LOSS OF USE. BALLAST’S AGGREGATE LIABILITY FOR A CLAIM OR RELATED CLAIMS WILL NOT EXCEED THE GREATER OF $1,000 OR THE FEES YOU PAID BALLAST DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO BALLAST’S FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, REQUIRED REFUNDS, OR OTHER LIABILITY THAT APPLICABLE LAW DOES NOT ALLOW TO BE LIMITED. THEY DO NOT LIMIT CLAIMS BETWEEN BUYER AND SELLER.

To the extent permitted by law, you will indemnify Ballast and its personnel against third party claims and reasonable defense costs to the extent caused by your fraudulent or unlawful conduct, infringement in submitted content, or material breach of your ownership or disclosure representations. This does not cover harm caused by Ballast’s own negligence or misconduct. Ballast must promptly notify you of a claim, reasonably cooperate, and obtain your consent before any settlement requiring your admission, nonmonetary performance, or payment; consent may not be unreasonably withheld. Defense arrangements must reasonably protect both parties.

For disputes with Ballast, first send a written description and requested resolution to [LEGAL EMAIL] and [NOTICE ADDRESS]. The parties will attempt resolution for thirty days after receipt; this does not prevent urgent relief, small claims filings, or steps required to preserve legal rights. Florida law governs these platform agreements, without displacing mandatory protections applicable to you. Unless mandatory law requires otherwise, disputes with Ballast may be brought in state courts in Orange County, Florida, or the United States District Court for the Middle District of Florida, where jurisdiction exists. Either party may use an available small claims court. No mandatory arbitration or class action waiver is included in this draft. Buyer and seller disputes are governed by their purchase agreement and applicable law, not this venue clause unless they separately agree.

Material changes apply prospectively after notice and acceptance when required. The version accepted for a particular auction governs that auction; changes do not retroactively increase fees or eliminate accrued rights. If a provision is unenforceable, the remaining provisions remain effective to the extent lawful. Failure to enforce a provision is not a waiver. Neither party may assign obligations in a manner that reduces the other party’s accrued rights; Ballast may transfer these Terms with a merger or sale of the service upon notice and subject to applicable law. Refund, payment, content license, liability, and dispute provisions survive termination as appropriate. Nothing creates employment, partnership, or a joint venture. Any agency classification imposed by applicable law remains unaffected. Contact [SUPPORT EMAIL] for support and [LEGAL EMAIL] for legal notices.