{"id":193,"date":"2024-05-06T18:46:50","date_gmt":"2024-05-06T23:46:50","guid":{"rendered":"https:\/\/3d-boats.com\/?page_id=193"},"modified":"2025-10-24T12:23:37","modified_gmt":"2025-10-24T17:23:37","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/3d-boats.com\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\t\t
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Who we are<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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THE WEBSITE LOCATED AT WWW.3D-BOATS.COM (THE \u201cSITE\u201d) IS A COPYRIGHTED WORK BELONGING TO 3D BOATS, LLC (\u201cCOMPANY\u201d, \u201cUS\u201d, \u201cOUR\u201d, AND \u201cWE\u201d). CERTAIN FEATURES OF THE SITE MAY BE SUBJECT TO ADDITIONAL GUIDELINES, TERMS, OR RULES, WHICH WILL BE POSTED ON THE SITE IN CONNECTION WITH SUCH FEATURES. ALL SUCH ADDITIONAL TERMS, GUIDELINES, AND RULES ARE INCORPORATED BY REFERENCE INTO THESE TERMS.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\n\t\t\t\t\t\t\t\t\t\n\nTHESE TERMS OF USE (THESE \u201cTERMS\u201d) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT\nGOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON\nBEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU\nHAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE\nENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT\nAT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS\nAND\/OR USE THE SITE.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t\nPLEASE BE AWARE THAT SECTION 8.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN\nYOU AND COMPANY. AMONG OTHER THINGS, SECTION 8.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH\nREQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY\nBINDING AND FINAL ARBITRATION. SECTION 8.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.\nPLEASE READ SECTION 8.2 CAREFULLY.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tUNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO\nPURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR\nCLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO\nPARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT\nTO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1. ACCOUNTS<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t1.1 Account Creation.<\/strong> In order to use certain features of the Site, you must register for an account\n(\u201cAccount\u201d) and provide certain information about yourself as prompted by the account registration form. You\nrepresent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will\nmaintain the accuracy of such information. You may delete your Account at any time, for any reason, by following\nthe instructions on the Site. Company may suspend or terminate your Account in accordance with Section 7.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t1.2 Account Responsibilities.<\/strong> You are responsible for maintaining the confidentiality of your\nAccount login information and are fully responsible for all activities that occur under your Account. You agree to\nimmediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other\nbreach of security. Company cannot and will not be liable for any loss or damage arising from your failure to\ncomply with the above requirements.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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2. ACCESS TO THE SITE<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t2.1 License.<\/strong> Subject to these Terms, Company grants you a non-transferable, non-exclusive,\nrevocable, limited license to use and access the Site solely for your own personal, noncommercial use.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t2.2 Certain Restrictions.<\/strong> The rights granted to you in these Terms are subject to the following\nrestrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially\nexploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make\nderivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access\nthe Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated\nherein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or\ntransmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to\nfunctionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or\non any content displayed on the Site) must be retained on all copies thereof.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t2.3 Modification.<\/strong> Company reserves the right, at any time, to modify, suspend, or discontinue the\nSite (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any\nthird party for any modification, suspension, or discontinuation of the Site or any part thereof.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t2.4 No Support or Maintenance.<\/strong> You acknowledge and agree that Company will have no obligation\nto provide you with any support or maintenance in connection with the Site.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t2.5 Ownership.<\/strong> You acknowledge that all the intellectual property rights, including copyrights,\npatents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company\u2019s suppliers.\nNeither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or\nto such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company\nand its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these\nTerms.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t2.6 Feedback.<\/strong> If you provide Company with any feedback or suggestions regarding the Site\n(\u201cFeedback\u201d), you hereby assign to Company all rights in such Feedback and agree that Company shall have the\nright to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company\nwill treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will\nnot submit to Company any information or ideas that you consider to be confidential or proprietary.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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2.7 Ownership of Service Data and 3D Content<\/strong>
You acknowledge and agree that 3D Boats, LLC shall exclusively own all rights, title, and interest, including all intellectual property rights, in and to all 3D content, data, scans, models, codes, and other materials (collectively, “Service Data”) created or generated by Company in the course of providing services to you.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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2.8 Commercialization Rights<\/strong>\u00a0
Company reserves the unrestricted right to commercialize, license, sell, distribute, reproduce, and otherwise exploit all Service Data, including any 3D content captured or scanned by its team, as it deems fit, without restriction on the number of customers, brands, location, distribution platform, or market. You waive any claim to compensation or royalties arising from the Company’s commercial use of the Service Data.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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3. INDEMNIFICATION.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tYou agree to indemnify and hold Company (and its officers, employees, and agents)\nharmless, including costs and attorneys\u2019 fees, from any claim or demand made by any third party due to or\narising out of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable\nlaws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and\ncontrol of any matter for which you are required to indemnify us, and you agree to cooperate with our\ndefense of these claims. You agree not to settle any matter without the prior written consent of Company.\nCompany will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming\naware of it.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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4. THIRD-PARTY LINKS & ADS; OTHER USERS<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t4.1 Third-Party Links & Ads.<\/strong> The Site may contain links to third-party websites and services,\nand\/or display advertisements for third parties (collectively, \u201cThird-Party Links & Ads\u201d). Such Third-Party Links\n& Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.\nCompany provides access to these Third-Party Links & Ads only as a convenience to you, and does not review,\napprove, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use\nall Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so.\nWhen you click on any of the Third-Party Links & Ads, the applicable third party\u2019s terms and policies apply,\nincluding the third party\u2019s privacy and data gathering practices. You should make whatever investigation you feel\nnecessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t4.2 Other Users.<\/strong>Your interactions with other Site users are solely between you and such users. You\nagree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If\nthere is a dispute between you and any Site user, we are under no obligation to become involved.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t4.3 Release.<\/strong> You hereby release and forever discharge Company (and our officers, employees,\nagents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future\ndispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature\n(including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or\nthat relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users\nor any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE\nCALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:\n\u201cA GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING\nPARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF\nEXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY\nAFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.\u201d\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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5. DISCLAIMERS<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tTHE SITE IS PROVIDED ON AN \u201cAS-IS\u201d AND \u201cAS AVAILABLE\u201d BASIS, AND COMPANY (AND OUR SUPPLIERS)\nEXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED,\nOR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A\nPARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS)\nMAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN\nUNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES\nOR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH\nRESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST\nUSE.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY\nNOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY\nLASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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6. LIMITATION ON LIABILITY<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE\nTO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE\nPRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES\nARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF\nCOMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT\nYOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE\nOR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tTO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED\nHEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY\nCAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A\nMAXIMUM OF FIFTY US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.\nYOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE\nTERMS.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tSOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR\nCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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7. TERM AND TERMINATION.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tSubject to this Section, these Terms will remain in full force and effect while\nyou use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any\ntime for any reason at our sole discretion, including for any use of the Site in violation of these Terms.\nUpon termination of your rights under these Terms, your Account and right to access and use the Site will\nterminate immediately. Company will not have any liability whatsoever to you for any termination of your\nrights under these Terms, including for termination of your Account. Even after your rights under these\nTerms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through\n2.6 and Sections 3 through 8.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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8. GENERAL<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t8.1 Changes.<\/strong> These Terms are subject to occasional revision, and if we make any substantial\nchanges, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and\/or\nby prominently posting notice of the changes on our Site. You are responsible for providing us with your most\ncurrent e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any\nreason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such\nnotice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site\nfollowing notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound\nby the terms and conditions of such changes.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t8.2 Dispute Resolution.<\/strong> Please read the following arbitration agreement in this Section (the\n\u201cArbitration Agreement\u201d) carefully.\u00a0 It requires you to arbitrate disputes with Company, its parent companies,\nsubsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and\n\nrepresentatives (collectively, the \u201cCompany Parties\u201d) and limits the manner in which you can seek relief from the\nCompany Parties.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t  (a) Applicability of Arbitration Agreement.<\/strong> You agree that any dispute between you and\nany of the Company Parties relating in any way to the Site, the services offered on the Site (the \u201cServices\u201d) or\nthese Terms will be resolved by binding arbitration, rather than in court, except that (1) you and the Company\nParties may assert individualized claims in small claims court if the claims qualify, remain in such court and\nadvance solely on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in\ncourt for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain\nnames, trade secrets, copyrights, and patents).\u00a0This Arbitration Agreement shall survive the expiration or\ntermination of these Terms and shall apply, without limitation, to all claims that arose or were asserted\nbefore you agreed to these Terms (in accordance with the preamble) or any prior version of these\nTerms.\u00a0This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or\nlocal agencies. Such agencies can, if the law allows, seek relief against the Company Parties on your behalf. For\npurposes of this Arbitration Agreement, \u201cDispute\u201d will also include disputes that arose or involve facts occurring\nbefore the existence of this or any prior versions of the Agreement as well as claims that may arise after the\ntermination of these Terms.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t  (b) Informal Dispute Resolution.<\/strong> There might be instances when a Dispute arises between\nyou and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution.\nYou and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low\u2010cost and\nmutually beneficial outcome. You and Company therefore agree that before either party commences arbitration\nagainst the other (or initiates an action in small claims court if a party so elects), we will personally meet and\nconfer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by\nthis Arbitration Agreement (\u201cInformal Dispute Resolution Conference\u201d). If you are represented by counsel, your\ncounsel may participate in the conference, but you will also participate in the conference.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (\u201cNotice\u201d), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to: partners@3d-boats.com, or by regular mail to PO Box 702116, San Antonio, Texas 78270. The Notice must include: (1) your name, telephone number, mailing address, e\u2010mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e\u2010mail address of your counsel, if any; and (3) a description of your Dispute.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\n\t\t\t\t\t\t\t\t\tThe Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held\neach time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users\nin similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same\nInformal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice\nand the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties\nfrom engaging in informal communications to resolve the initiating party\u2019s Dispute. Engaging in the Informal\nDispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing\narbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the\nInformal Dispute Resolution Conference process required by this section.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t  (c) Arbitration Rules and Forum.\u00a0<\/strong>These Terms evidence a transaction involving interstate\ncommerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the\nFederal Arbitration Act, 9 U.S.C. \u00a7 1 et seq., will govern the interpretation and enforcement of this Arbitration\nAgreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not\nresolve satisfactorily within 60 days after receipt of your Notice, you and Company agree that either party shall\nhave the right to finally resolve the Dispute through binding arbitration. The Federal Arbitration Act governs the\ninterpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an\nestablished alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in\ncontroversy under $250,000, not inclusive of attorneys\u2019 fees and interest, shall be subject to JAMS\u2019 most current\nversion of the Streamlined Arbitration Rules and procedures available at\u00a0http:\/\/www.jamsadr.com\/rules-\nstreamlined-arbitration\/; all other claims shall be subject to JAMS\u2019s most current version of the Comprehensive\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tArbitration Rules and Procedures, available at\u00a0http:\/\/www.jamsadr.com\/rules-comprehensive-arbitration\/. JAMS\u2019s\nrules are also available at\u00a0www.jamsadr.com or by calling JAMS at 800-352-5267. A party who wishes to initiate\narbitration must provide the other party with a request for arbitration (the \u201cRequest\u201d). The Request must include:\n(1) the name, telephone number, mailing address, e\u2010mail address of the party seeking arbitration and the account\nusername (if applicable) as well as the email address associated with any applicable account; (2) a statement of the\nlegal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an\naccurate, good\u2010faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying\ncompletion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting\nparty has paid any necessary filing fees in connection with such arbitration.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tIf the party requesting arbitration is represented by counsel, the Request shall also include counsel\u2019s name,\ntelephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the\nRequest, counsel certifies to the best of counsel\u2019s knowledge, information, and belief, formed after an inquiry\nreasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to\nharass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and\nother legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or\nreversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary\nsupport or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further\ninvestigation or discovery.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tUnless you and Company otherwise agree, or the Batch Arbitration process discussed in Subsection 8.2(h) is\ntriggered, the arbitration will be conducted in the county where you reside. Subject to the JAMS Rules, the arbitrator\nmay direct a limited and reasonable exchange of information between the parties, consistent with the expedited\nnature of the arbitration. If the JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.\nYour responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tYou and Company agree that all materials and documents exchanged during the arbitration proceedings shall be\nkept confidential and shall not be shared with anyone except the parties\u2019 attorneys, accountants, or business\nadvisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the\narbitration proceedings confidential.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t  (d) Authority of Arbitrator.\u00a0<\/strong>The arbitrator shall have exclusive authority to resolve all\ndisputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation,\napplicability, enforceability or formation of this Arbitration Agreement or any portion of the Arbitration\nAgreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled \u201cWaiver of\nClass or Other Non-Individualized Relief,\u201d including any claim that all or part of the subsection entitled \u201cWaiver of\nClass or Other Non-Individualized Relief\u201d is unenforceable, illegal, void or voidable, or that such subsection\nentitled \u201cWaiver of Class or Other Non-Individualized Relief\u201d has been breached, shall be decided by a court of\ncompetent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled\n\u201cBatch Arbitration,\u201d all Disputes about the payment of arbitration fees shall be decided only by a court of\ncompetent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any\ncondition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an\narbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a\ncourt of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with\nany other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled\n\u201cBatch Arbitration.\u201d The arbitrator shall have the authority to grant motions dispositive of all or part of any claim\nor dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary\nremedy or relief available to an individual party under applicable law, the arbitral forum\u2019s rules, and these Terms\n(including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision\ndescribing the essential findings and conclusions on which any award (or decision not to render an award) is based,\nincluding the calculation of any damages awarded. The arbitrator shall follow the applicable law. The award of the\narbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court\nhaving jurisdiction.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t  (e) Waiver of Jury Trial.\u00a0<\/strong>EXCEPT AS SPECIFIED IN SECTION 8.2(A) YOU AND THE\nCOMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A\n\nTRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company Parties are instead electing that all covered\nclaims and disputes shall be resolved exclusively by arbitration under this Arbitration Agreement, except as\nspecified in Section 8.2(a) above. An arbitrator can award on an individual basis the same damages and relief as a\ncourt and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court\nreview of an arbitration award is subject to very limited review.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t  (f) Waiver of Class or Other Non-Individualized Relief.\u00a0<\/strong>YOU AND COMPANY\nAGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 8.2(H) EACH OF US MAY BRING CLAIMS\nAGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE,\nOR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE\nBE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE,\nREPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND\nDISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR\nCONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration\nAgreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking\nrelief and only to the extent necessary to provide relief warranted by the party\u2019s individual claim. Nothing in this\nparagraph is intended to, nor shall it, affect the terms and conditions under the Subsection 8.2(h) entitled \u201cBatch\nArbitration.\u201d Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means\nof a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, \u201cWaiver of\nClass or Other Non-Individualized Relief,\u201d are invalid or unenforceable as to a particular claim or request for relief\n(such as a request for public injunctive relief), you and Company agree that that particular claim or request for\nrelief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated\nin the state or federal courts located in the State of Texas. All other Disputes shall be arbitrated or litigated in small\nclaims court. This subsection does not prevent you or Company from participating in a class-wide settlement of\nclaims.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t  (g) Attorneys\u2019 Fees and Costs.\u00a0<\/strong>The parties shall bear their own attorneys\u2019 fees and costs in\narbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was\nfrivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil\nProcedure 11(b)). If you or Company need to invoke the authority of a court of competent jurisdiction to compel\narbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect\nfrom the other party its reasonable costs, necessary disbursements, and reasonable attorneys\u2019 fees incurred in\nsecuring an order compelling arbitration. The prevailing party in any court action relating to whether either party\nhas satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled\nto recover their reasonable costs, necessary disbursements, and reasonable attorneys\u2019 fees and costs.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t  (h) Batch Arbitration.\u00a0<\/strong>To increase the efficiency of administration and resolution of\narbitrations, you and Company agree that in the event that there are 100 or more individual Requests of a\nsubstantially similar nature filed against Company by or with the assistance of the same law firm, group of law\nfirms, or organizations, within a 30 day period (or as soon as possible thereafter), the JAMS shall (1) administer the\narbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left\nover after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one\narbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with\none set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a\nplace to be determined by the arbitrator, and one final award (\u201cBatch Arbitration\u201d).\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tAll parties agree that Requests are of a \u201csubstantially similar nature\u201d if they arise out of or relate to the same event\nor factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the\nparties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the JAMS, and\nthe JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process\n(\u201cAdministrative Arbitrator\u201d). In an effort to expedite resolution of any such dispute by the Administrative\nArbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve\nany disputes promptly. The Administrative Arbitrator\u2019s fees shall be paid by Company.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tYou and Company agree to cooperate in good faith with the JAMS to implement the Batch Arbitration process\nincluding the payment of single filing and administrative fees for batches of Requests, as well as any steps to\n\nminimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to\nassist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the\narbitration proceedings.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tThis Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and\/or mass\narbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances,\nexcept as expressly set forth in this provision.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u2003\u2003(i) 30-Day Right to Opt Out.\u00a0<\/strong>You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: PO Box 702116, San Antonio, Texas 78270, or email to partners@3d-boats.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\n\t\t\t\t\t\t\t\t\t  (j) Invalidity, Expiration.\u00a0<\/strong>Except as provided in the subsection entitled \u201cWaiver of Class or\nOther Non-Individualized Relief\u201d, if any part or parts of this Arbitration Agreement are found under the law to be\ninvalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the\nremainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute\nthat you have with Company as detailed in this Arbitration Agreement must be initiated via arbitration within the\napplicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree\nthat all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of\nlimitation would apply in the applicable court of competent jurisdiction.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u2003\u2003(k) Modification.\u00a0<\/strong>Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing Company at the following address: PO Box 702116, San Antonio, Texas 78270, or email to partners@3d-boats.com. Unless you reject the change within 30 days of such change becoming effective by writing to Company in accordance with the foregoing, your continued use of the Site and\/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Site, any communications you receive, any products sold or distributed through the Site, the Services, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Company will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\n\t\t\t\t\t\t\t\t\t8.3 Export.\u00a0<\/strong>The Site may be subject to U.S. export control laws and may be subject to export or\nimport regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S.\ntechnical data acquired from Company, or any products utilizing such data, in violation of the United States export\nlaws or regulations.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t8.4 Disclosures.\u00a0<\/strong>Company is located at the address in Section 8.8. If you are a California resident,\nyou may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California\nDepartment of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by\ntelephone at (800) 952-5210.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t8.5 Electronic Communications.\u00a0<\/strong>The communications between you and Company use electronic\nmeans, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates\nwith you via email. For contractual purposes, you (a) consent to receive communications from Company in an\nelectronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other\ncommunications that Company provides to you electronically satisfy any legal requirement that such\n\ncommunications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable\nrights.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t8.6 Entire Terms.\u00a0<\/strong>These Terms constitute the entire agreement between you and us regarding the use\nof the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of\nsuch right or provision. The section titles in these Terms are for convenience only and have no legal or contractual\neffect. The word \u201cincluding\u201d means \u201cincluding without limitation\u201d. If any provision of these Terms is, for any\nreason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or\nunenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent\npermitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent\nor partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted,\ndelegated, or otherwise transferred by you without Company\u2019s prior written consent, and any attempted assignment,\nsubcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign\nthese Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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8.7 Copyright\/Trademark Information.\u00a0<\/strong>Copyright \u00a92025 3D-BOATS, LLC. All\u00a0rights reserved. All trademarks, logos and service marks (\u201cMarks\u201d) displayed on the Site are our property or the\u00a0property of other third parties. You are not permitted to use these Marks without our prior written consent or the
consent of such third party which may own the Marks.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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8.8 Contact Information:

PO BOX 702116
SAN ANTONIO, TEXAS 78270
TELEPHONE: 731 332 6287
EMAIL: partners@3d-boats.com<\/b><\/strong><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Who we are THE WEBSITE LOCATED AT WWW.3D-BOATS.COM (THE \u201cSITE\u201d) IS A COPYRIGHTED WORK BELONGING TO 3D BOATS, LLC (\u201cCOMPANY\u201d, \u201cUS\u201d, \u201cOUR\u201d, AND \u201cWE\u201d). CERTAIN FEATURES OF THE SITE MAY BE SUBJECT TO ADDITIONAL GUIDELINES, TERMS, OR RULES, WHICH WILL BE POSTED ON THE SITE IN CONNECTION WITH SUCH FEATURES. ALL SUCH ADDITIONAL TERMS, GUIDELINES, […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-193","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nTerms and Conditions - 3D Boats<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/3d-boats.com\/terms-and-conditions\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms and Conditions - 3D Boats\" \/>\n<meta property=\"og:description\" content=\"Who we are THE WEBSITE LOCATED AT WWW.3D-BOATS.COM (THE \u201cSITE\u201d) IS A COPYRIGHTED WORK BELONGING TO 3D BOATS, LLC (\u201cCOMPANY\u201d, \u201cUS\u201d, \u201cOUR\u201d, AND \u201cWE\u201d). 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