These Terms and Conditions (“Terms”) govern your access to and use of the Yellowfin Yachts, LLC website and any related services, legal relationships, or agreements provided by the Owner (defined below). By accessing or using the Website, you agree to be bound by these Terms.

1. Definitions

• “Owner” refers to Yellowfin Yachts, LLC, with a corporate office located at 6510 19th Street East, Sarasota FL 34243.
• “User” or “you” refers to any individual or entity accessing or using the Website.
• “Website” means the web domain and associated content and services made available by the Owner.

2. Acceptance of Terms

By accessing, browsing, or using the Website, you acknowledge that:

• You have read, understood, and agreed to be bound by these Terms.
• If you do not agree, you must immediately discontinue use of the Website.

3. Modifications to the Terms

The Owner reserves the right to modify, amend, or update these Terms at any time at its sole discretion. Changes take effect upon being posted or upon notifying Users, whichever occurs first. Your continued use constitutes acceptance of the updated Terms.

4. Use of the Website

Users agree to use the Website solely for lawful and authorized purposes. Unauthorized use includes but is not limited to:

• Attempting to gain unauthorized access to systems;
• Copying, distributing, or reverse-engineering Website content;
• Using the Website in any way that harms the Owner or third parties.

The Owner reserves the right to limit, suspend, or terminate access to any User who violates these Terms, without notice or liability.

5. Ownership and Intellectual Property

Unless otherwise stated:

• All content, features, and functionality on the Website, including but not limited to text, images, code, design, trademarks, and logos are exclusively owned or licensed by the Owner.
• Users acquire no rights in such content by virtue of using the Website.

Using, reproducing, displaying, modifying, distributing, or transmitting any content from the Website for commercial purposes without the prior written consent of the Owner;

Any unauthorized use of the Owner’s intellectual property may result in legal action, including but not limited to injunctive relief, monetary damages, and attorney’s fees.

6. Third-Party Resources and Links

This Website may link to or reference content, services, or websites provided by third parties.

• The Owner does not control and is not responsible for such content or services.
• Accessing third-party resources is at the User’s own risk, and subject to separate terms provided by those third parties.

7. Disclaimer of Warranties

To the maximum extent permitted by applicable law:

• The Website and its contents are provided “as is” and “as available” with no warranties or representations of any kind, express or implied.
• The Owner does not guarantee that the Website will be uninterrupted, secure, or error-free, or that any defects will be corrected.

8. Limitation of Liability

To the fullest extent permitted by law:

• The Owner shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, data loss, or business interruption, arising from or related to your use of the Website.
• In any event, the Owner’s total aggregate liability shall not exceed $100 USD or the minimum allowed by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Owner, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses—including reasonable attorneys’ fees—arising out of or in any way connected to:

• Your use of the Website;
• Your breach of these Terms;
• Your violation of applicable law or rights of any third party.

10. Service Availability and Modifications

The Owner reserves the right to:

• Modify, suspend, or discontinue the Website or any part thereof at any time, with or without notice;
• Perform maintenance, updates, or upgrades that may temporarily disrupt service.

The Owner shall not be liable for any unavailability due to events beyond its control, including but not limited to force majeure, infrastructure failures, or third-party service interruptions.

11. Prohibited Conduct and Resale

Users may not:

• Reproduce, duplicate, sell, resell, or exploit any portion of the Website or its services for commercial purposes without explicit prior written consent from the Owner.

12. Assignment

• The Owner may freely assign, transfer, or subcontract any or all of its rights and obligations under these Terms.
• Users may not assign or transfer their rights or obligations without prior written consent from the Owner.

13. No Waiver

Failure by the Owner to enforce any provision of these Terms shall not constitute a waiver of such rights. Any waiver must be in writing and signed by an authorized representative.

14. Severability

If any provision of these Terms is found invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. Any disputes shall be subject to the exclusive jurisdiction of the state or federal courts located in Sarasota County, Florida.

16. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Website, you agree to the terms of our Privacy Policy.

17. Contact Information

For any questions, complaints, or legal notices, contact:

Yellowfin Yachts, LLC
6510 19th Street East
Sarasota, FL 34243
Email: legal@warbirdmarineholdings.com

Last Updated Date: October 1, 2025