Website Policies Welcome to the Downeaster Yachts Forum Forums

Hello everyone.. It has been brought to my attention that most, to all surveys, are contractually between the surveyor and the person that pays for the survey and in my research I have verified that every example I have seen has these clauses or similar ones in them.

"performed for the exclusive use of"

The following procedures are used in our surveys for the exclusive use of the person named as "Client" of this agreement. The survey is not transferable to any other person or entity and the information provided here is for the use of this client only

The Marine Survey report will be issued for the exclusive use of the client and may contain information that

is privileged, confidential and exempt from disclosure under applicable law.

I, as the owner of the website, don't have the resources to deal with any potential tort claims against the site for the sale of contractually limited information through the site. As much as I despise, in general, the craziness that a lawsuit society has forced many companies to jump through to limit their liability, I have to admit when faced with it myself; I am going to jump through hoops and institute a new policy of no advertising or selling surveys through the website. Also, no posting of surveys on the website without the permission of the surveyor. Permission would include the surveyor contacting me and sending me a copy of it directly (with included express permission to post it).

You can talk about what you saw on the boat you surveyed, and what was found: but, be nice when doing so. Let's keep it to personal knowledge with no contractually limited information copied directly. Think of it in terms of how you would need to write a report and not plagiarize. It makes me feel bad to even have to put this kind of limitation on information posted on the site. The site is here for us to put as much information about these boats out there as we can so that it enhances both our ownership of our boats as well as future owners. The more owners that contribute and the more information that is posted documenting Downeaster sailboats the more it will make these boats attractive to potential buyers and will increase the sale value for potential sellers. In the end, it comes down to creating a helpful community, and boosting the value of our boats not just in dollars, but in ease of use for ourselves based on an in-depth knowledge base, and the support of the community.

I thank everyone for their understanding on this issue. Thanks also to those that brought it to my attention about it being a potential liability to me and the website.

Scott Carle

Webmaster