Terms of Use

1) Acceptance of Terms

By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

These Terms constitute a legally binding agreement between you and Lexington.

If you are using the Services on behalf of an entity, you represent that you are authorized to bind that entity to these Terms.

2) Eligibility

You must be at least eighteen (18) years of age and capable of forming a legally binding contract to use the Services.

By using the Services, you represent and warrant that you meet these requirements.

The Services are intended solely for adult and business users.

3) Nature of Services

Lexington provides information and communications related to yacht brokerage, advisory, consulting, market research, and related maritime services.

The Services are provided for general informational and commercial purposes only and do not constitute legal, financial, tax, investment, or professional advice.

Any brokerage, consulting, or advisory services are subject to separate written agreements that define scope, duties, compensation, and responsibilities.

Nothing on the Services creates any obligation for Lexington to provide services unless agreed in writing.

4) No agency or fiduciary relationship

Your use of the Services does not create any fiduciary, brokerage, agency, partnership, joint venture, employment, or advisory relationship between you and Lexington.

No such relationship shall exist unless expressly established in a separate written agreement executed by Lexington.

Lexington does not hold itself out as a licensed broker in jurisdictions where such licensing is required unless expressly stated in writing.

5) Intellectual property

All content on the Services, including text, graphics, logos, images, designs, layouts, software, databases, and data, is owned by Lexington or its licensors and is protected by applicable intellectual property laws.

You may not copy, reproduce, distribute, modify, publish, transmit, display, perform, or exploit any content without prior written consent from Lexington.

Unauthorized use may result in civil and criminal liability.

Nothing in these Terms grants you any ownership interest in Lexington’s intellectual property.

6) User submissions

Any information, inquiries, documents, materials, or communications you submit through the Services (“Submissions”) are provided voluntarily and at your own risk.

You grant Lexington a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, store, reproduce, adapt, process, analyze, and display your Submissions for business, operational, marketing, and administrative purposes.

You represent and warrant that:

• You own or control all rights to your Submissions; and
• Your Submissions do not violate any law or third-party rights.

Lexington is under no obligation to review, store, or maintain any Submissions.

7) Third-party links and services

The Services may contain links to third-party websites, platforms, or services.

Lexington does not control and is not responsible for the content, accuracy, security, availability, or practices of any third-party services.

Your use of third-party services is at your own risk and subject to their separate terms and policies.

Lexington disclaims all liability arising from your use of third-party services.

8) Disclaimers

The Services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied.

To the maximum extent permitted by law, Lexington disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement, and availability.

Lexington does not warrant the accuracy, completeness, or currency of:

• Vessel specifications
• Pricing or availability
• Seller or buyer representations
• Market conditions
• Performance data
• Historical information
• Third-party content

All information provided through the Services is subject to change without notice.

You agree to independently verify all material information before making any commercial, financial, legal, or operational decisions.

Nothing on the Services constitutes an offer, solicitation, guarantee, or binding commitment unless confirmed in a written agreement executed by Lexington.

9) Limitation of liability

To the maximum extent permitted by law, Lexington shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, business, data, goodwill, or opportunities, arising from or relating to your use of the Services.

Lexington’s total aggregate liability for all claims arising out of or relating to the Services shall not exceed the greater of:

• (a) One hundred U.S. dollars (US $100); or
• (b) The fees actually paid by you to Lexington for the specific services giving rise to the claim.

This limitation applies regardless of legal theory, whether in contract, tort, negligence, strict liability, or otherwise.

Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

10) Indemnification

You agree to indemnify, defend, and hold harmless Lexington and its members, managers, officers, employees, agents, affiliates, and representatives from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Your use of the Services;
• Your violation of these Terms;
• Your violation of any applicable law;
• Your infringement of any third-party rights; or
• Your Submissions.

This obligation does not apply to claims arising solely from Lexington’s gross negligence or willful misconduct.

11) Privacy

Your use of the Services is subject to Lexington’s Privacy Policy, which describes how personal information is collected, used, stored, and disclosed.

By using the Services and submitting information, you consent to such processing in accordance with the Privacy Policy.

12) Termination

Lexington may suspend, restrict, or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms or applicable law.

Upon termination, your right to use the Services will immediately cease.

All provisions that by their nature should survive termination shall survive, including intellectual property, disclaimers, limitation of liability, and indemnification provisions.

13) Governing law and venue

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in New York County, New York.

You consent to the personal jurisdiction and venue of such courts.

14) Dispute resolution

Before initiating any legal proceeding, the parties agree to attempt in good faith to resolve disputes through informal negotiations.

Lexington may, in its sole discretion, require disputes to be resolved through binding arbitration administered by the American Arbitration Association or JAMS under applicable rules.

Unless otherwise agreed, arbitration shall take place in New York County, New York.

Each party shall bear its own legal fees unless otherwise required by law.

15) Miscellaneous

A. Entire agreement

These Terms constitute the entire agreement between you and Lexington regarding the Services and supersede all prior agreements.

B. Severability

If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

C. Assignment

Lexington may assign or transfer these Terms in connection with a merger, acquisition, sale of assets, or reorganization.

You may not assign these Terms without Lexington’s prior written consent.

D. Electronic communications

You consent to receive legally binding communications electronically, including by email and website postings. Such communications satisfy any legal requirement that they be in writing.

E. Waiver

Failure to enforce any provision shall not constitute a waiver of that provision or any other right.

F. Force majeure

Lexington shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, labor disputes, government actions, or internet failures.

16) Contact information