Private Seller Marketplace Listing Agreement and Disclaimer
Effective Date: 08/07/2026
By submitting a listing to the Alaska Boat Brokers, Inc. Private Seller Marketplace, I acknowledge and agree to the following:
1. Platform Only; No Brokerage or Agency Relationship
Alaska Boat Brokers, Inc. (“ABB”) is providing an advertising and listing platform only. ABB is not acting as a broker, agent, dealer, representative, escrow provider, attorney, surveyor, lender, insurer, or advisor in connection with this listing or any resulting inquiry, negotiation, sale, purchase, transfer, financing, delivery, sea trial, or other transaction.
No brokerage, agency, fiduciary, or representative relationship is created between ABB and any seller, buyer, or other user of the Private Seller Marketplace.
2. Seller Authority and Ownership
I represent and warrant that I am the lawful owner of the vessel, trailer, and/or related marine item listed, or that I have full legal authority from the lawful owner to advertise and sell it.
I further represent and warrant that I have the legal right to enter into this agreement and to complete any resulting transaction.
3. Accuracy of Listing Information
I represent and warrant that all information I submit, including without limitation description, make, model, year, dimensions, engine information, hours, title status, registration status, lien status, location, photos, pricing, and condition, is true, accurate, current, and complete to the best of my knowledge.
I understand that ABB does not independently verify and expressly disclaims responsibility for the accuracy, completeness, or reliability of any listing information submitted by me or any other seller.
4. Condition; No Inspection or Verification by ABB
I understand and agree that ABB does not inspect, survey, appraise, test, verify, or certify the condition, seaworthiness, merchantability, safety, legality, value, ownership, title status, lien status, registration status, or fitness for any purpose of any vessel or other item listed in the Private Seller Marketplace.
Buyers are solely responsible for conducting their own due diligence, including inspections, marine surveys, title review, lien review, and legal review before completing any transaction.
5. Seller Solely Responsible for Sale and Compliance
I understand that I am solely responsible for all aspects of my listing and any resulting transaction, including without limitation communications with prospective buyers, showings, sea trials, negotiations, contracts, disclosures, payment arrangements, title transfer, lien payoff, registration matters, taxes, fees, delivery, and compliance with all applicable federal, state, and local laws and regulations.
I understand that Alaska requires boats principally used in Alaska to be registered, and that boats longer than 24 feet are required to be titled unless documented by the U.S. Coast Guard.
I am solely responsible for determining and complying with all title, registration, transfer, and documentation requirements applicable to my vessel and sale.
6. Sea Trials
ABB has no involvement in arranging, supervising, conducting, monitoring, or assuming liability for any sea trial.
Any sea trial is conducted solely at the risk of the seller, buyer, and any other participating parties. ABB shall have no responsibility or liability for any injury, loss, damage, accident, claim, or dispute arising out of or related to any sea trial.
7. Liens and Encumbrances
I agree to disclose any and all liens, security interests, loans, claims, encumbrances, or other restrictions affecting the listed vessel or item.
I understand that ABB does not verify lien status and is not responsible for resolving payoff, release, title defects, ownership disputes, or other encumbrance issues.
8. Listing Standards; Review and Publication
I understand that submission of a listing does not guarantee publication.
ABB may review, reject, edit for formatting, request additional information, delay publication, suspend, or remove any listing at any time, with or without notice, in its sole discretion, including if ABB believes the listing is inaccurate, misleading, incomplete, unlawful, infringing, duplicative, inappropriate, inconsistent with marketplace standards, or potentially harmful to ABB, buyers, or other users.
9. Listing Term; Automatic Renewal; Cancellation; Fees; No Refunds
I understand that my listing will remain active for 90 days from the date of publication unless earlier removed by me or by ABB under these terms.
Unless I cancel before the end of the then-current listing term, my listing will automatically renew for successive 90-day periods at ABB’s then-current renewal rate. ABB will communicate current renewal pricing to me by email before the listing expires.
I may cancel my listing at any time by providing notice to ABB. If the listed vessel or item sells, I am responsible for notifying ABB so the listing can be removed. Cancellation, removal following a sale, or any other early termination of the listing will stop future automatic renewals but will not entitle me to any refund, credit, rebate, or prorated reimbursement for any portion of the then-current 90-day listing term.
All listing fees are non-refundable once the listing has been submitted for review, prepared, published, renewed, or otherwise processed, including if the vessel does not sell, if buyer inquiries are limited or nonexistent, or if I later choose to remove or modify the listing.
If ABB removes a listing due to inaccurate, misleading, prohibited, or non-compliant content, no refund will be provided.
10. No Guarantee of Results
ABB does not guarantee publication timing, buyer interest, inquiries, offers, sale price, speed of sale, number of views, number of leads, or that any listed vessel or item will sell during the listing period.
11. Communications and Dealings with Buyers
All communications, negotiations, arrangements, and transactions between seller and buyer are solely between those parties.
ABB is not responsible for screening buyers or sellers, verifying identities, preventing fraud, handling disputes, collecting payment, holding funds, or enforcing any agreement between buyer and seller.
ABB does not verify buyer identity, financial capacity, seriousness, qualifications, or intent, and ABB shall have no liability for fraud, misrepresentation, non-performance, or other acts or omissions by any buyer, seller, or third party.
12. No Endorsement or Recommendation
Publication of a listing by ABB does not constitute an endorsement, approval, certification, recommendation, valuation, or verification of the vessel, seller, buyer, or transaction.
13. Intellectual Property and Listing Content
I represent and warrant that I own or have permission to use all photos, videos, text, and other content submitted with my listing, and that my listing content does not infringe any copyright, trademark, privacy, publicity, or other rights of any third party.
By submitting content, I grant ABB a non-exclusive, royalty-free license to use, reproduce, display, format, edit for layout, and publish that content in connection with the listing and promotion of the Private Seller Marketplace during the listing term and any reasonable archival or administrative period thereafter.
14. Release, Indemnification, and Defense
To the fullest extent permitted by law, I agree to release, defend, indemnify, and hold harmless Alaska Boat Brokers, Inc. (“ABB”) and its owners, officers, directors, employees, contractors, agents, successors, and assigns from and against any and all third-party claims, demands, actions, causes of action, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to:
(a) my listing;
(b) my breach of this agreement;
(c) any inaccuracy, omission, or misrepresentation in my listing or communications with any buyer or third party;
(d) any dispute between me and any buyer or third party that results in a claim against ABB;
(e) ownership, title, lien, registration, documentation, condition, disclosure, fraud, misrepresentation, injury, damage, sea trial, delivery, payment, or transfer issues relating to my listed vessel or other item; or
(f) my violation of any law or third-party right.
This obligation does not apply to the extent a claim is finally determined by a court of competent jurisdiction to have been caused by ABB’s gross negligence, willful misconduct, or fraud.
Upon written notice from ABB of any covered claim, I shall promptly cooperate in the defense of the matter and, if requested by ABB, assume the defense with counsel reasonably acceptable to ABB. If I fail to do so within a reasonable time, or if ABB reasonably determines that a conflict of interest exists or that separate representation is necessary, ABB may defend itself with counsel of its choosing, and I shall remain responsible for reasonable attorneys’ fees, costs, settlements, judgments, and other amounts incurred by ABB in connection with the claim, and shall reimburse ABB each month for its ongoing attorney fees and costs, within 30 days of invoice.
15. Limitation of Liability
To the fullest extent permitted by law, ABB shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, opportunity, goodwill, data, sale proceeds, or business, arising out of or related to the Private Seller Marketplace, any listing, any buyer inquiry, any sea trial, or any resulting transaction, even if advised of the possibility of such damages.
To the fullest extent permitted by law, ABB’s total liability arising out of or relating to any listing or related services shall not exceed the amount of the listing fee actually paid by me for that listing.
16. Governing Law; Venue
This Listing Agreement and Disclaimer shall be governed by and construed in accordance with the laws of the State of Alaska, without regard to its conflict of laws principles.
Any dispute, claim, or proceeding arising out of or relating to this Listing Agreement and Disclaimer, the Private Seller Marketplace, any listing, or any resulting transaction shall be brought exclusively in the state or federal courts located in Alaska, and I consent to the personal jurisdiction and venue of those courts.
17. Modifications to Terms
ABB reserves the right to modify these terms at any time. Any modifications will apply prospectively only.
Listings already active at the time of a change will remain governed by the version of the Listing Agreement and Disclaimer accepted at the time of submission, unless otherwise required by law.
Any renewal or new listing shall be subject to ABB’s then-current terms.
18. Acceptance
By submitting my listing and paying the applicable fee, I acknowledge that I have read, understand, and agree to be bound by this Private Seller Marketplace Listing Agreement and Disclaimer.