SUNSEEKER USA WEBSITE TERMS & CONDITIONS

Last Updated: 4 June 2024

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE  

 

WHAT’S IN THESE TERMS?  

These terms tell you the rules for using our website: Sunseeker-usa.com (“Site”).

 

WHO WE ARE AND HOW TO CONTACT US  

The Site is operated by Sunseeker USA Sales Co, Inc. (“Sunseeker USA”) (we/us/our). We are registered in Delaware and Florida. Our address is 4000 Hollywood Blvd. Ste 555-S, Hollywood, Florida 33021. We are a Delaware Corporation.

To contact us, please email marketing@sunseeker-usa.com.

 

BY USING OUR SITE YOU ACCEPT THESE TERMS  

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Site.

We recommend that you print a copy of these terms for future reference.

 

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU  

These terms of use refer to our Privacy Policy, which also applies to your use of our Site. This can be found at www.sunseekerusa.com/privacy-policy

 

WE MAY MAKE CHANGES TO THESE TERMS  

We may amend these terms from time to time. Every time you visit our Site, please check these terms to ensure you understand the terms that apply at that time. The most recent update is listed at the outset of these terms.

 

WE MAY MAKE CHANGES TO OUR SITE  

We may update and change our Site from time to time to reflect changes to our products and services, our users’ needs, and our business priorities.

 

WE MAY SUSPEND OR WITHDRAW OUR SITE  

We do not guarantee that our Site, or any content, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Site for any reason.

You are responsible for ensuring that all persons who access our Site through your internet connection are aware of and fully comply with these terms of use and other applicable terms and conditions.

  

HOW YOU MAY USE MATERIAL ON OUR SITE  

We are the owner or the licensee of certain intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print, duplicate, copy, or download one copy of material from the Site to a location off the Site, including extracts, of any page(s) from our Site for your personal use only. All other duplication, copying or downloading may not be done without our prior express, written consent.

You must not modify the paper or digital copies of any materials you have printed off, duplicated, copied or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so in writing from us or our licensors.

If you print, duplicate, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. All further rights and remedies by us are expressly reserved.

 

OUR TRADEMARKS ARE PROTECTED BY LAW  

We own and/or license a portfolio of registered and unregistered trademarks and trade names including but not limited to SUNSEEKER® and the Sunseeker laurels logo. You may not use such trademarks or other trade names belonging to us, without our express, written prior consent. All rights are reserved.

 

DO NOT RELY ON INFORMATION ON THIS SITE  

THE CONTENT ON OUR SITE IS PROVIDED FOR GENERAL INFORMATION ONLY, AND SUCH CONTENT IS PROVIDED AS-IS, WITH NO EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND, AND THE SAME ARE EXPRESSLY DISCLAIMED. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON OUR SITE.

 

WHILE EVERY ATTEMPT HAS BEEN MADE TO PROVIDE ACCURATE INFORMATION, THE INFORMATION ON THIS WEBSITE IS NOT INTENDED TO BE AND SHOULD NOT BE RELIED UPON AS PROVIDING ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION, GUARANTEE OR OFFER, AND SUCH INFORMATION IS PROVIDED AS-IS, WITH NO WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND, AND THE SAME ARE EXPRESSLY DISCLAIMED.

Performance and range figures are estimates given as an indicative guide only. Dirt or marine growth on the hull, size of boat, engine choice and tuning, propeller condition and pitch, air and water temperature, fuel weight and quality, water weight, stores, number of people on board and other factors can each affect a boat’s performance and range.

The photographs, images and artistic impressions on our Site are of existing models in the Sunseeker Range of Products. There may be items shown in the photographs, images and artistic impressions that are not included in our standard inventory, or available in your market. Actual specifications for models sold in each market may vary, and specifications and models may be changed or withdrawn at any time without notice. The individual specification for each vessel will be agreed as part of a sale contract between the purchaser and Sunseeker USA’s authorized dealer or distributor. Please contact the local Sunseeker USA distributor or dealer in the applicable territory to inquire as to the models and options that may be available in that territory.

 

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO  

Where our Site contains links to other sites and resources provided by third parties, these links are provided for informational purposes only. Such links are not to be interpreted as approval by us of those linked websites or and content or information you may obtain from them.

We have no control over the contents of those sites or resources and expressly disclaim all liability resulting from your access, use, or reliance on any information or content on such sites.

 

DEALERS AND DISTRIBUTORS
Our authorized distributors and dealers are independently owned and controlled organizations and are not our representatives, employees, contractors, or agents. They have no authority to commit us to any pledge or agreement in any form or by any means. 

 

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

• To the maximum extent allowable by law, we exclude and limit our liability to you in all causes of action.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any vessel or other products to you, which will be set out as part of the sale contract between the purchaser and us or our authorized dealer or distributor.
• We hereby exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection in all cases, including without limitation, the following:
• use of, or inability to use, our Site; or
• use of or reliance on any content displayed on our Site.
• In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
   

HOW WE MAY USE YOUR PERSONAL INFORMATION  

We will only use your personal information as set out in our Privacy Policy (linked above).

 

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM  

Due to the nature of the internet and forces beyond our control, we do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your own information technology, computer programs and platform to access our Site. We strongly recommend you use your own virus protection software.

You must not misuse our Site by introducing viruses, trojans, worms, logic bombs or other material that is malicious or harmful in any way. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching any of these provisions, you may be committing a criminal or civil offense. We will report all such breaches to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them in accordance with applicable law. In the event of such a breach, your right to use our Site will cease immediately. All other rights are remedies are hereby reserved.

 

RULES ABOUT LINKING TO OUR SITE  

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned or directly controlled by you.

Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Site other than that set out above, please contact marketing@sunseeker-usa.com. 

 

APPLICABLE LAW FOR ANY DISPUTES  

These terms of use, their subject matter and their formation, are governed by the laws of the State of Florida. You consent and agree that the courts in Broward County, Florida will have sole and exclusive jurisdiction over any claim arising between you and us, and hereby waive any defense of personal jurisdiction or forum non convenes or similar claim.