Terms of Use

PLEASE READ THESE TERMS of USE CAREFULLY BEFORE USING THIS WEBSITE.

Last Modified On: June 1, 2025

This Terms of Use Agreement (these “Terms”) creates an agreement between you and Exchange Marine Group LLC dba Skiff Exchange (the “Company” “we” or “us”). Your use of this website or any of the Company’s websites or mobile applications (each, a “Site”) for services and information (the “Services” as more fully described below) offered by the Company, or any of its subsidiaries, is predicated upon your acceptance of these Terms. In these Terms, both you and the Company may be referred to individually as a “party” and collectively as the “parties.” “You” and “your” refers to you as a user of the Site.

These Terms, together with the Company’s Privacy Policy, collectively referred to as “Website Policies,” governs your use of the Services and the Site. If you choose to accept these Website Policies, you must do so as written, without modification. If you do not accept these Website Policies, you will not be allowed to receive the Services and may not utilize the Site.

Please read these Website Policies carefully before you start to use the Site. By using the Site, or by clicking to accept or agree to these Website Policies when this option is made available to you, you accept and agree to be bound and abide by these Website Policies, and warrant and represent that you are at least eighteen (18) years of age and that you have the legal authority to enter into these terms and conditions as an individual or on behalf of an entity. Such acceptance date shall become the effective date of these Website Policies (“Effective Date”).

1. Use of Site. You must follow any policies made available to you within the Site. Do not misuse the Site. For example, you agree not to interfere with the Site or try to access the Site using a method other than the interface and the instructions that we provide. You may use the Site and provided services only as permitted by law, including applicable export and re-export control laws and regulations. The Company may temporarily or permanently deny, limit, suspend, or terminate the Site, remove content and take technical and legal measures to keep you off the Site at any time and for any reason.

You agree to the following prohibited uses:

• You shall not use the Site to harass, embarrass, or threaten any person.
• You shall not copy, publish, distribute, rent, or resell the provided services, personalized videos or intellectual property, in whole or in part.
• You understand and agree that the Company monitors usage on the Site and the provided services and that the Company may share your use of the Site and provided services with law enforcement agencies and officials in response to inquiries or if we have reason to believe that your use of the Site and provided services is for an unlawful purpose. The Company may also share your use of the Site and provided services as required by law, a court order, a subpoena, or as the Company determines is necessary or advisable to protect its interests.

2. Updates.

THE COMPANY RESERVES THE RIGHT TO AMEND THE SITE AND THESE WEBSITE POLICIES IN ITS DISCRETION FROM TIME TO TIME AS WE DEEM APPROPRIATE. YOU ARE RESPONSIBLE FOR MONITORING THE SITE FOR UPDATES TO THESE WEBSITE POLICIES. We will not separately notify you that changes have been made, regardless of the scope and importance of the changes, and we encourage you to periodically check back and review these Website Policies so that you will always know what terms and conditions apply to your access to and use of this Site. The Company may, but is not obligated to, offer upgrades, updates, and improvements to the Site and provided services, and to add or discontinue any provided services. Your continued use of this Site/and or your submission of anything to the Site after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. This Site may change, and we may restrict access to, suspend or discontinue this Site, or any portion of this Site, at any time.

We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of the Company or its businesses, or its or their customers, affiliates, licensors or licensees.

These Website Policies control the relationship between the Company and you. They do not create any third-party beneficiary rights.

3. Ownership; License; Limitations. This Site and all content displayed on this Site and all software, data and information used to provide this Site, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by the Company or our owners, affiliates, licensors or licensees, and are protected under worldwide patent, copyright, trademark and other applicable laws and treaties, including, without limitation, applicable trade secret laws. We grant you the limited and nonexclusive right and license to access or download a single copy of the content from this Site solely for your personal and non-commercial use and as necessary in connection with the use of any services available through this Site.

Except as expressly authorized in these Terms, you may not modify, distribute, reproduce, display, or use this Site or any elements thereof. Furthermore, (i) reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics included within this Site is strictly prohibited without our prior express written permission; (ii) you may not frame, squeeze back, overlay or employ other techniques to enclose or display this Site, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on this Site, with any other software or content of a third party; (iii) you may not use any meta tags or any other “hidden text” utilizing the names or trademarks of the Company or our owners, affiliates, licensors or licensees without our or their express written consent; and (iv) you may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in this Site or the services offered herein.

In addition to and not in limitation of any of the foregoing limitations and restrictions, you are expressly prohibited from using automated means (including but not limited to spiders, robots, crawlers, scrapers, deep-links, data-mining, data-gathering or extraction tools and the like), or any other automated methodology, algorithm or device or any manual process, to for any purpose monitor, copy, download or otherwise access data or content from this Site. A limited exception to the foregoing limitations and restrictions is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our applicable policies and procedures in effect from time to time. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as automobiles, vehicles, jobs, housing/apartments, rentals, services or equipment or which is in the business of providing classified ad listing services.

This Site includes certain trademarks and service marks owned by the Company and/or our owners, affiliates or others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark or other notices from any of Site content.

All rights not expressly granted to you by us in these Terms are reserved to the Company, and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from this Site as authorized hereunder.

4. Use at Your Own Risk. We provide the material available through this Site for informational purposes only. You may use the content, information, consumer reviews, data and materials from, and the products and services available through, this Site solely for your personal and non-commercial use. Before you act on any such content, information, consumer reviews, data and materials you have found on, or purchase any products or services available through, this Site, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE. Without limiting the foregoing, with respect to any classified advertising services included on or otherwise available through this Site, please note that we do not sell the advertised items directly and are not involved in any actual transaction between any seller and buyer; further, we do not guarantee or insure any item advertised or the completion of any transaction or collect or process payment, act as an escrow service or transfer title, nor do we warehouse, store, ship or deliver any item that is advertised.

5. Other Websites. The Site may contain links to other websites or mobile applications (“Other Websites”). The Company may or may not own, operate or monitor such Other Websites, their services or content. The information and content posted on any of the Other Websites may not be compatible with your requirements, you may object to their content, or find such content to be objectionable, improper, unlawful or immoral. By linking to any Other Websites, the Company does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. The Company assumes no responsibility or liability for any third-party services or contents, or their availability. The provided services and/or the Site may include paid advertisements, sponsored links and commercial information (“Advertisements”). By clicking links to Advertisements, you may be transferred to a service of an advertiser or receive any other messages, information or offers from the advertiser and from others. The Company is not responsible for any of an advertisers’ practices, including their privacy practices, or for the content of their services, information, messages or offers.

6. Data Security. We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are made to ensure the confidentiality of your private and personal information available as a result of your use of this Site, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet.

7. Data Collection and Use. ANY PERSONALLY IDENTIFIABLE INFORMATION PROVIDED BY YOU IN ELECTRONIC COMMUNICATIONS TO THE COMPANY IS GOVERNED BY OUR PRIVACY POLICY. FOR A MORE COMPLETE DESCRIPTION OF OUR COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION AND OTHER DATA, PLEASE READ OUR PRIVACY POLICY, THE TERMS OF WHICH ARE INCORPORATED IN THESE TERMS AND CONDITIONS BY REFERENCE.

8. User Content. You may have the opportunity to post or otherwise submit content and information, including but not limited to consumer reviews, opinions, concepts, inventions, techniques, know-how, data, materials or other postings or communications (collectively, “User Content”), to us via this Site, whether by posting to a public area of this Site (e.g., blogs or message boards) or by other submission to us through email or other means of electronic communication facilitated by the Company. By submitting any such User Content to us or posting any such User Content in any public area of this Site, you: (i) grant the Company and our owners, affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, prepare derivative works from, publicly display, publicly perform and distribute such User Content (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter developed, on a worldwide basis; (ii) grant the Company and our owners, affiliates and licensees the right to use the name that you use in connection with such submission or post, if and to the extent any or all of them so choose; and (iii) represent and warrant that you own or otherwise control all of the rights to the User Content that you submit or post, the User Content is accurate and the use of the User Content you supply or post does not violate these Terms and will not cause injury or damage to any person or entity. You also permit any other user of this Site to access, view, store or reproduce your User Content for that user’s personal use, which such use may include disclosure to third parties. By posting or submitting such User Content, you hereby waive any claim that the Company misappropriated any such User Content or any portions thereof.

9. Use of Communication Services. We may provide a variety of services on this Site through which you can directly interact with others, such as email services, blogging services, chat rooms, communications tools, forums and other public posting areas (“Communications Services”). (For purposes of these Terms, all references to this Site generally include all Communication Services available through this Site.) We cannot and do not review every posting made in these Communications Services. You may well read any given posting before anyone on our staff does. You can expect these Communications Services to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest or from a member of our staff, and we are not responsible or liable for, and do not assume any responsibility in respect of, the views and opinions expressed. We encourage an open exchange of information and User Content, but we want everyone to be able to enjoy these Communications Services.

We do not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of this Site and any Communication Services (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce these Terms or to protect the rights, property or safety of visitors to this Site and/or users of any Communications Services, our customers, the public or the Company and our owners, affiliates, licensors or licensees. We reserve the right (but assume no obligation) to review the content of this Site, including blogs, message boards, chat rooms, listings, forums and other User Content posted to this Site or via any Communications Services to determine compliance with these Terms and any other rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post and/or edit any messages, listings, postings or other User Content that we consider unacceptable or inappropriate, whether for legal or other reasons.

By using this Site and/or any Communications Services, you agree not to post, submit or transmit to the Company through this Site or via any Communications Services any User Content or other information that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, fraudulent or otherwise objectionable, (iii) encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or (iv) without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any User Content to this Site or via any Communications Services or otherwise to the Company shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting to this Site or via any Communications Services, or otherwise submitting User Content to the Company, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit such User Content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from any User Content submitted by you to or through this Site or via any Communications Services. We reserve the right to deny access to this Site and/or any Communications Service to anyone who violates these Terms or who, in our judgment, interferes with the ability of others to enjoy this Site or Communication Services, or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies. 

10. Violation of These Terms and Conditions. We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Site, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve and store any communication by you with us through this Site or any service offered on or through this Site and may also disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of the Company and/or our owners, affiliates, employees, users of or visitors to this Site or the public.

Without limiting any other provision of these Terms, you agree that we may, in our sole discretion and without prior notice, terminate your access to this Site and/or block your future access to this Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of this Site, including but not limited to our Privacy Policy. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

11. Disclaimer of Warranty. THE COMPANY: (A) PROVIDES THE SITE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS SITE ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE OR SERVICES, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. THE COMPANY DOES NOT WARRANT THAT ANY OF THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THEIR CONTENT OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE OR SITE, SERVICE LEVELS, DOWNLOAD SPEED, AND WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY), OR THAT DEFECTS THEREIN SHALL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. Limitations of Liability. NEITHER THE COMPANY NOR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS SITE. IN NO EVENT SHALL THE COMPANY OR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS SITE OR OUR USE OF ANY USER CONTENT THAT YOU POST OR SUBMIT TO US. IN ADDITION TO AND NOT IN LIMITATION OF THE FOREGOING LIMITATION OF LIABILITY, IN NO EVENT SHALL THE COMPANY OR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA), EVEN IF WE OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, you agree that the entire aggregate liability, if any, of the Company and our owners, affiliates, licensors and licensees arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, this Site or any information, products or services available through this Site, or our use of any User Content that you post on this Site or submit to us, will not exceed one hundred dollars ($100.00).

Because some states/jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

13. Release and Indemnity. You hereby release and agree to indemnify, defend and hold harmless the Company and our owners, affiliates, licensors and licensees from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorney’s fees, arising from or relating to (i) your breach of these Terms or any matter for which you are responsible or liable under the terms of these Terms, (ii) third party claims with respect to our use of any User Content that you have posted on this Site or submitted to us, including, but not limited to, infringement of copyright, trademark, trade secret, patent, proprietary rights or any other claims, or (iii) any dispute between you and any third party, including, without limitation, any other user, any advertiser or any party to any actual, prospective or terminated sale or transaction.

14. Notice. All notices provided for herein shall be given either by electronic mail, recognized international express courier, postage pre-paid, or by First Class United States Mail, postage pre-paid, to the address listed on the Site in our case, and to the address(es) you listed on our registration page. Notice shall be deemed received two days following tender to such courier and three days following posting by mail.

15. Miscellaneous.  Use of this Site by you for spamming is strictly prohibited. By using this Site, you agree not to use information concerning other users of this Site, or any items such users have listed or searched for on this Site (including listing information, usernames, email addresses, telephone numbers and/or other information), for any purpose that is not expressly permitted by these Terms. You may not post information directed to or collect personal information from any minor.

These Terms are governed by the laws of the State of Florida, U.S.A. You hereby consent to the exclusive jurisdiction and venue of state and federal courts located in Manatee County, Florida, U.S.A., for all disputes arising out of or relating to these Terms, your use of this Site or the information, products or services available through this Site, or our use of any User Content that you have posted on this Site or submitted to us. Use of this Site or the information, products or services available through this Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or your use of this Site or the information, products or services available through this Site.

You shall use this Site and the information, products and services available through this Site for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying this Site or the information, products or services available through this Site will not be permitted.

You agree that any and all causes of action arising out of or relating to this Site or the information, products or services available through this Site shall be resolved individually, without resort to any form of class action.

If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.
Failure by the Company to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision of these Terms.

These Terms, together with our Privacy Policy, constitute the entire agreement between the parties regarding the subject matter hereof. You also may be subject to additional terms and conditions that apply when you use or purchase certain other products or services from the Company.

17. Assignment. You shall not assign or sublicense any part of these Terms, in whole or in part, without the prior written consent of the Company.

18. Questions. If you have any questions, please contact us at info@skiff-exchange.com.