Blade Outboards Terms and Conditions
Effective Date: April 9th 2025 00:00EST (revised)
These Terms and Conditions govern your use of this website, all subdomains, and all business transactions, communications, and interactions with Blade Outboards, whether conducted online, offline, or through any other medium. In the event that any additional transaction documents, purchase orders, agreements, or communications do not explicitly incorporate or reference these Terms, these Terms and Conditions shall nevertheless apply in full force and effect.
These Terms are intended to govern the entire legal and commercial relationship between you and Blade Outboards, including but not limited to product inquiries, quotations, orders, support requests, warranties, and marketing communications. These Terms supersede any prior or contemporaneous oral agreements, representations, understandings, or informal communications. No reliance shall be placed on any statement, promise, or assurance made by any representative of Blade Outboards that is not expressly set out in writing and duly signed by an authorized officer.
In the event that a separate written agreement is executed between you and Blade Outboards, the terms of such agreement shall prevail only with respect to the specific matters it addresses. For all other matters, these Terms and Conditions shall continue to apply and control.
These Terms and Conditions are permanently available at:
www.bladeoutboards.com/tac
If you require a signed PDF version for your records, you may request one by submitting the contact form on our website or opening a support ticket at support.bladeoutboards.com.
1. Acceptance of Terms
By accessing this website, any of our subdomains, or doing business with Blade Outboards, you acknowledge and accept these Terms and Conditions in full. Continued use constitutes agreement to all terms stated herein.
2. Terminology
“You,” “Your,” “Customer,” or “User” refers to any individual, entity, or agent thereof who accesses, browses, interacts with, or utilizes any product, service, website, application, system, content, or offering provided by Blade Outboards, whether on their own behalf or on behalf of another person or organization.
“Blade Outboards,” “We,” “Us,” or “Our” refers collectively to Blade Outboards, its parent company, subsidiaries, affiliates, successors, assigns, officers, directors, shareholders, licensors, licensees, suppliers, partners, contractors, agents, and any entity under common control, wherever located globally.
These defined terms apply regardless of whether access is made directly, indirectly, manually, or through automated means. Use of any Blade Outboards service constitutes express acceptance of these definitions and all associated terms.
3. Use of Website
You are granted a limited, non-exclusive, revocable license to access and use this site for informational and personal use only. You agree not to:
Reproduce, duplicate, copy, sell, resell, or exploit any portion of the website or its content without written permission.
Use the website for any unlawful or unauthorized purpose.
Attempt to gain unauthorized access to any part of the website or systems.
4. Intellectual Property
All content, features, functionality, and materials available on or through Blade Outboards’ websites, services, products, marketing, or communications — including but not limited to all designs, graphics, user interfaces, photographs, illustrations, videos, logos, icons, product names, artwork, sounds, software, scripts, text, documentation, animations, source code, object code, technical data, and visual arrangements (collectively, the “Content”) — are the exclusive intellectual property of Blade Outboards or its licensors, partners, or affiliates, and are protected by U.S. and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws.
The Blade Outboards name, logos, product designs, slogans, and associated trade dress are registered and/or common law trademarks of Blade Outboards. All rights not expressly granted are hereby reserved.
Strictly Prohibited Uses:
Without express prior written consent from Blade Outboards, You may not:
Reproduce, copy, modify, publish, upload, post, transmit, distribute, mirror, deep link, scrape, frame, reverse-engineer, or create derivative works based on any part of the Content;
Use the Content or Blade Outboards branding in any commercial context, including advertising, promotion, or resale;
Remove, alter, or obscure any copyright, trademark, or proprietary notices.
Any unauthorized use constitutes a material breach of these Terms and may result in immediate termination of access, legal action, injunctive relief, statutory damages, and full pursuit of all remedies available under law.
5. Product Representation Disclaimer
All images, renders, videos, descriptions, and marketing materials on this website are for illustrative purposes only. Actual products may differ in appearance, features, or components. Specifications and visual representations are subject to change without notice.
6. Product Specifications Disclaimer
Product dimensions, tolerances, performance figures, compatibility, materials, and other technical details are provided for general information and are subject to change due to engineering updates, regulatory requirements, or supply chain changes. No warranty is given that website specifications reflect the exact configuration available or delivered. Blade Outboards makes no warranties, express or implied, regarding the merchantability, fitness for a particular purpose, or performance of any product described or depicted on this site.
7. Availability and Regional Differences
Product availability, features, and regulatory compliance may vary by country or region. Blade Outboards does not guarantee the availability of any product listed on the site. You are responsible for ensuring compliance with local laws, regulations, and restrictions applicable to the use or purchase of products.
8. Pre-Production Materials
Some content may depict prototype or pre-production units. These representations do not guarantee final product features or availability.
9. No Offer or Contract
This website does not constitute an offer to sell any product or service. Orders placed through other channels are subject to separate acceptance, confirmation, and applicable commercial terms. Blade Outboards reserves the right to cancel, reject, or amend any order prior to acceptance.
10. Limitation of Liability
To the maximum extent permitted by applicable law, Blade Outboards shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, loss of use, or business interruption, arising out of or in connection with any product, service, or agreement, even if Blade Outboards was advised of the possibility of such damages.
In no event shall Blade Outboards’ total cumulative liability to any User exceed the lesser of: (i) $100 USD, or (ii) the total amount paid by the User to Blade Outboards in the twelve (12) months preceding the claim.
11. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region. Any disputes arising from these terms or your use of the website shall be subject to the exclusive jurisdiction of the courts of Hong Kong. Any litigation must be filed in Hong Kong courts, and Customer waives any objection to venue—even if inconvenient.
12. Indemnification
You agree to fully and unconditionally indemnify, defend, and hold harmless Blade Outboards, including but not limited to its parent companies, subsidiaries, affiliates, partners, officers, directors, employees, contractors, licensors, agents, suppliers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all losses, liabilities, damages, claims, demands, actions, suits, fines, penalties, judgments, costs, and expenses of every kind and nature (including reasonable attorneys’ fees and legal costs), whether arising in law, equity, contract, tort, strict liability, or otherwise, that result from or relate to:
Your access to or use of this website, any Blade Outboards product, platform, system, support service, or any associated subdomain;
Your violation of these Terms and Conditions or any applicable laws or regulations;
Any actual or alleged infringement of the intellectual property, privacy, contractual, or other rights of any third party;
Any data you submit, transmit, or share with or through Blade Outboards’ systems;
Your gross negligence, willful misconduct, fraud, or misrepresentation;
Any unauthorized or improper use, installation, modification, servicing, or resale of Blade Outboards products;
Any bodily injury, death, personal injury, property damage, or other harm or loss arising out of or in connection with the use or misuse of any Blade Outboards product or service;
Any claim of product liability, failure to warn, design defect, or any theory of strict liability or negligence, regardless of whether the product was used as intended or misused in any way.
Notice of Indemnity Claims
You agree to promptly notify Blade Outboards in writing of any matter for which you are obligated to indemnify us under this provision. Blade Outboards shall have the right, but not the obligation, to assume the exclusive defense and control of any claim, and you agree to fully cooperate and assist in the defense. Failure to promptly notify Blade Outboards shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced thereby.
Time Period for Response
Upon receiving notice from Blade Outboards of any claim or demand subject to indemnification, you shall respond in writing within five (5) business days confirming your assumption of full responsibility, including legal defense and payment of all associated costs. Failure to do so may result in Blade Outboards taking unilateral control over the defense and seeking full reimbursement from you.
If Blade Outboards incurs legal expenses (including attorney fees) due to Customer’s breach, Customer shall reimburse all costs within 30 days of demand, regardless of dispute outcome.
Customer irrevocably waives any right to appeal, vacate, or modify an arbitration award. Judgment may be entered without notice in any court of competent jurisdiction.
13. Force Majeure
Blade Outboards shall not be liable for any failure or delay in performance or access to the website due to circumstances beyond our reasonable control, including but not limited to: natural disasters, cyberattacks, government action, pandemics, supply chain, or labor disruptions. Blade Outboards may cancel orders without penalty and retain any prepayments if unable to source materials, regardless of lead time or prior commitments if such claim to force majeure occurs.
14. Cookies
We use cookies to enhance user experience. By continuing to use this site, you consent to our use of cookies in accordance with our Privacy Policy. We are GDPR complaint.
15. Links to Third Parties
This site may contain links to third-party websites. Blade Outboards does not endorse or accept responsibility for the content, privacy policies, or practices of any third-party sites.
16. User-Generated Content
If applicable, you grant Blade Outboards a perpetual, royalty-free, worldwide license to use, modify, and display any content you submit. We reserve the right to remove or moderate content at our discretion.
17. Modifications to Terms
Blade Outboards reserves the right to revise these Terms and Conditions at any time without prior notice. Continued use of the website constitutes acceptance of any updates.
18. No Reliance on Information
All information provided on the website is for general informational purposes only. It should not be relied upon for making decisions without consulting more accurate, complete, or timely sources.
19. Digital Security & Accounts
If user accounts are provided, you are responsible for maintaining confidentiality of credentials. Blade Outboards is not liable for any unauthorized access resulting from your failure to secure your account.
20. Submission of Ideas
Any feedback or unsolicited ideas submitted to Blade Outboards through this website shall be deemed non-confidential. Blade Outboards may use such ideas without limitation or compensation. Blade Outboards shall have no obligation to acknowledge, review, or return any submissions and shall not be liable for any use or disclosure of the same.
21. Global Structure and Ownership
Blade Outboards operates through a global network of affiliated entities, each of which may have distinct legal structures and functional responsibilities depending on their jurisdiction. While we are proud of our international presence, we clarify that a majority of the ownership of Blade Outboards is held by individuals born, raised, and proud to be American and/or companies with nexus in the United States of America.
22. Right to Terminate Access
Blade Outboards reserves the right to suspend or permanently disable access to the website, features, or portals at any time, with or without cause.
23. Jurisdictional Rights
You agree that Blade Outboards may initiate legal proceedings or enforce its rights in any jurisdiction worldwide that is deemed convenient or effective by the company. You irrevocably submit to such jurisdiction, waive any objection on the basis of inconvenient forum, and consent to service of process by any reasonable method. Any litigation must be filed in Hong Kong courts, and Customer waives all jurisdictional objections—even if Blade Outboards operates in their country.
Customer agrees no local laws (e.g., EU GDPR, California Consumer Privacy Act) apply unless Blade Outboards explicitly opts in.”
24. Language and Translation
These Terms and Conditions as well as our website, marketing content, and similar, are written in English and shall be the controlling language. Any translations of these terms or content are provided for convenience only. In the event of any conflict or ambiguity between the English version and a translated version, the English version shall prevail. Blade Outboards is not liable for any errors in translation or misunderstanding arising from non-English versions. No translation of these Terms shall be considered legally binding or have any legal effect.
25. Age Restrictions
This website is intended for individuals who are at least 18 years of age. If you are under the age of 18, you must not use this website without the express, verifiable consent of a parent or legal guardian. Do not submit personal information if you are a minor without permission.
26. Subject to Change
All website content, terms, product representations, and specifications are subject to change at any time without notice. Continued use of the site after changes are made constitutes acceptance of the modified content and terms.
27. Severability
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, the remaining provisions shall remain in full force and effect.
28. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Blade Outboards regarding your use of this website and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
29. Arbitration Clause
Any dispute, controversy, or claim arising out of or relating to these Terms, the breach thereof, or the use of this website (including any claim based on any alleged wrongful conduct in connection with the website) shall be exclusively resolved by binding arbitration under the following terms:
a. Administrative Authority and Rules:
The arbitration shall be administered by the Hong Kong International Arbitration Centre (HKIAC) under its current Arbitration Rules, as modified by Blade Outboards from time to time in its sole discretion. All aspects of the arbitration shall be conducted strictly in accordance with such rules.
b. Venue and Language:
All arbitration proceedings shall be held in Hong Kong and conducted in English. Blade Outboards retains the unilateral right to change the venue based on evolving circumstances or strategic business interests.
c. Selection of Arbitrator(s):
Blade Outboards shall have sole discretion in the selection and appointment of arbitrator(s) from a pre-approved panel maintained by the HKIAC. No party shall have any right to challenge or alter the arbitrator(s) chosen by Blade Outboards unless such arbitrator(s) are unable to continue the arbitration process.
d. Cost Allocation:
In any arbitration proceeding, you agree that all fees, costs, and expenses of the arbitration—including but not limited to the arbitrator(s)’ fees, administrative fees of the HKIAC, and legal fees incurred by Blade Outboards—will be borne by you unless the arbitrator(s) determine, in their sole discretion, that Blade Outboards should bear such expenses. Blade Outboards shall have the authority to offset any amounts payable by it against costs awarded by the arbitrator(s).
e. Final and Binding Award:
The arbitrator(s)’ decision shall be final and binding upon all parties without any right to appeal, except as required by applicable law in limited circumstances. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction, and you hereby waive any right to contest enforcement.
f. Waiver of Jury Trial and Class or Collective Actions:
By accepting these Terms, you irrevocably waive any right to a trial by jury, and you agree not to bring or participate in any class, consolidated, collective, or representative action against Blade Outboards. All disputes must be litigated solely on an individual basis; any attempt to consolidate claims or pursue representative proceedings is hereby waived.
g. Interim Relief:
Notwithstanding the foregoing, Blade Outboards may seek, and you expressly consent to, injunctive or other equitable relief from any court of competent jurisdiction to protect its intellectual property rights or proprietary interests without the necessity of posting a bond or proving irreparable harm.
h. Expedited Resolution:
Blade Outboards reserves the right to determine an expedited arbitration schedule to ensure prompt resolution. All disputes shall be addressed as quickly as practicable, subject to the sole discretion of Blade Outboards and the arbitrator(s).
h. Expedited Resolution:
Blade Outboards reserves the right to determine an expedited arbitration schedule to ensure prompt resolution. All disputes shall be addressed as quickly as practicable, subject to the sole discretion of Blade Outboards and the arbitrator(s).
30. Notice and Revision Procedures
Blade Outboards will post any notice of updates, modifications, or revisions to these Terms on notices.bladeoutboards.com. Such notices will be prominently displayed and remain available for a minimum of 30 days. By continuing to use this website, you acknowledge and agree that you are deemed to have received such notice, and you further understand that Blade Outboards will not provide notice via email or other direct communication methods.
31. No Waiver
No failure by Blade Outboards to enforce any provision of these Terms, or any delay in doing so, shall be deemed a waiver of that provision or of any other provision herein. A waiver of any right or remedy under these Terms on one occasion shall not constitute a waiver of such right or remedy on any future occasion.
32. Electronic Communications
By accessing and using this website, you consent to receive communications from Blade Outboards electronically, including but not limited to emails, notices, disclosures, invoices, and other communications. You agree that all communications Blade Outboards provides to you electronically satisfy any legal requirement that such communications be in writing. Blade Outboards shall have no obligation to verify receipt of any electronic communication or to confirm your access to the same. You further waive any right to challenge the enforceability or admissibility of any communication based on its electronic form.
33. Compliance with Laws
You are solely responsible for ensuring your use of the website complies with all local laws, rules, and regulations. Blade Outboards disclaims all liability arising from your failure to adhere to applicable laws in your jurisdiction.
34. Assignment
Neither party may assign or transfer any of its rights or obligations under these Terms without the prior written consent of the other party, except that Blade Outboards may assign its rights and obligations without consent in connection with a merger, acquisition, or sale of substantially all of its assets. Further, These Terms are solely for the benefit of the parties and are not intended to confer any rights or remedies upon any third party.
35. Product Liability and Use of Product
Blade Outboards (“we”, “us”, “our”) shall not be liable for any injury, damage, loss, or claim—whether direct or indirect, incidental or consequential—arising from or related to the use of our products, including but not limited to:
Any misuse, abuse, neglect, improper handling, or unauthorized modification of the product;
Any installation, wiring, configuration, or operation that deviates from our published specifications, instructions, or safety guidelines;
Use of the product in unauthorized applications, including but not limited to conditions exceeding the product’s rated electrical, mechanical, or environmental specifications;
Integration with third-party components, systems, or accessories not expressly approved or supplied by Blade Outboards;
Failure to perform or adhere to required maintenance, inspection, or service intervals;
Operation by unqualified or untrained personnel, or use without proper safeguards and oversight;
Use of the product after physical damage, tampering, or exposure to environmental factors outside specified tolerances.
Responsibility for Suitability and Compliance
It is the sole responsibility of the purchaser, installer, and/or end user to ensure that the product is:
Suitable for the specific application and intended use;
Installed and operated in full compliance with all relevant local, national, and international laws, codes, and standards;
Maintained in accordance with our official documentation;
Operated by trained and qualified personnel using appropriate protective measures and equipment.
We make no warranties, express or implied, as to the product’s fitness for any specific application beyond what is explicitly stated in our documentation.
Limitation of Liability
To the maximum extent permitted by applicable law, Blade Outboards disclaims all liability for:
Indirect, incidental, special, punitive, or consequential damages;
Loss of revenue, loss of profits, business interruption, or economic loss of any kind;
Damage to other equipment, property, or systems arising out of or related to the use or failure of our products., even if caused by engineering design or manufacturing product defect.
By purchasing or using Blade Outboards products, the user agrees to assume all risks associated with such use.
“UNDER NO CIRCUMSTANCES SHALL BLADE OUTBOARDS BE LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY.
36. Technical Support and Advice
Blade Outboards may, at its discretion, provide technical support, guidance, or product information through its support center, technical documents, or representatives, including support.bladeoutboards.com. However:
Any such support is provided as a courtesy and without warranty, express or implied.
Support communications do not constitute engineering approval, product certification, or design validation for any specific application unless explicitly stated in writing and signed by an authorized Blade Outboards engineer.
It remains the sole responsibility of the customer to:
Validate that any advice or recommendation is appropriate for their specific use case,
Conduct independent testing, verification, and due diligence,
Ensure compliance with local codes, regulations, and safety standards.
Blade Outboards shall not be liable for any claim, damage, or loss arising from reliance on informal or verbal guidance, including but not limited to advice offered via email, phone, chat, or support ticket.
37. Accessibility Statement
Blade Outboards is fully committed to ensuring digital accessibility for all users, including those with disabilities. We strive to continually improve the user experience for everyone and to apply relevant accessibility standards, including the Web Content Accessibility Guidelines (WCAG).If you experience any difficulty accessing any part of our website, or if you have suggestions on how we can enhance accessibility, please contact us immediately. We take all accessibility concerns seriously and will make reasonable efforts to address any issues within 90 days. While we are committed to providing an accessible digital experience, Blade Outboards does not guarantee that all website content, features, or functionality will be fully accessible at all times, and we shall not be held liable for any inaccessibility or resulting consequences, to the maximum extent permitted by law.
38. User Conduct
You agree to use this website solely for lawful purposes and in a manner consistent with the terms and conditions set forth herein. Without limitation, you specifically agree not to:
Engage in any conduct that, in the sole judgment of Blade Outboards, restricts or inhibits any other user from using or enjoying the website;
Attempt to probe, scan, or test the vulnerability of the website, servers, or systems or breach security or authentication measures without express written authorization from Blade Outboards;
Interfere or attempt to interfere with the proper functioning of the website or any transactions being conducted on the site;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload, transmit, or otherwise make available any content that we, in our sole discretion, deem to be: unlawful, defamatory, infringing, harmful, threatening, abusive, harassing, vulgar, obscene, invasive of another’s privacy, hateful, or otherwise objectionable;
Use bots, spiders, scripts, data-mining tools, or any other automated method to access, monitor, or copy any part of the website or its content without prior written consent;
Use the website or any content, tools, or systems for any purpose other than those expressly authorized by Blade Outboards.
Customer shall not attempt to bypass, disable, or otherwise circumvent any usage limits, security measures, or license restrictions placed on any Blade Outboards product or service. Any such attempt constitutes a material breach and may result in immediate legal action and a per-violation penalty.
Violation of these provisions may result in immediate termination of access, revocation of any associated privileges, and legal action without further notice. Blade Outboards reserves the right to pursue all available remedies under applicable law, including but not limited to injunctive relief, damages, and criminal prosecution. Blade Outboards shall not be required to provide notice or an opportunity to cure any violation before enforcing its rights.
39. Audit and Monitoring Rights
Blade Outboards reserves the right to monitor and audit all access and use of the website and associated services to ensure compliance with these Terms. You consent to such monitoring and agree to provide full cooperation with any inquiry or investigation initiated by Blade Outboards or its authorized agents.
40. Remedies and Cumulative Rights
The rights and remedies of Blade Outboards under these Terms are cumulative and not exclusive of any rights or remedies provided by law or equity. Exercise of one remedy shall not prevent the exercise of any other.
41. Survival
All provisions of these Terms that by their nature should survive termination of access or business relationship shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, arbitration, governing law, and dispute resolution clauses.
42. Relationship of Parties
Nothing in these Terms shall be construed to create any partnership, joint venture, agency, or employment relationship between you and Blade Outboards. You have no authority to bind Blade Outboards or incur obligations on our behalf without express written consent.
43. Acknowledgment
By using this website, you acknowledge that you have read, understood, and agreed to these Terms and Conditions, and that they are legally binding. You further acknowledge that Blade Outboards has provided you with a reasonable opportunity to review and consider these Terms before using the website or initiating any commercial relationship.
44. Third Party and Unauthorized Sales Disclaimer
Blade Outboards disclaims any and all liability for any representations, warranties, services, support, or promises made by third-party resellers, distributors, or agents, unless such claims are expressly authorized in writing by Blade Outboards. Purchases made through unauthorized or unverified channels are made entirely at your own risk. Blade Outboards neither guarantees nor warrants any product, service, or support obtained through unauthorized sales or grey market sources. Blade Outboards has no obligation to monitor the conduct of users or third-party vendors, nor to enforce any agreement between users or external parties. You agree that Blade Outboards is not liable for the conduct or obligations of any other user, vendor, or affiliate.
45. Data Security and Platform Liability Disclaimer
Blade Outboards shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way related to unauthorized access, use, alteration, or destruction of your data, accounts, or content, whether stored on our systems or on third-party platforms, service providers, or cloud infrastructure, including any breach or compromise not directly caused by Blade Outboards’ own intentional misconduct.
46. Automated Access Prohibited
You agree not to use, deploy, or enable any robot, spider, scraper, crawler, script, data mining tool, or any other automated device, program, algorithm, or methodology to access, extract, monitor, or copy any part of our website, services, systems, or data, for any purpose, without the prior express written consent of Blade Outboards. Any such unauthorized activity is strictly prohibited and may result in immediate suspension or legal action. Only exceptions are the following: Search Engines, Magazine/press/news publications, and internet archive services are permitted.
47. Definition of Affiliates and Partners
For the purposes of these Terms, an “affiliate” or “partner” of Blade Outboards shall include any entity, individual, organization, distributor, subsidiary, parent company, investment vehicle, strategic partner, contractor, licensee, or agent that Blade Outboards, in its sole and absolute discretion, designates now or at any time in the future as affiliated or associated in any capacity, whether or not publicly disclosed. Blade Outboards may update, expand, or revise this designation at its sole discretion without notice.
48. Entire Agreement
These Terms and Conditions, along with any Blade Outboards-issued invoice or written agreement, constitute the entire agreement between you and Blade Outboards. No oral statement, email, quote, or marketing material shall be construed to modify or supplement this agreement unless explicitly confirmed in writing by Blade Outboards’ authorized legal representative.
49. Time-Bar on Claims
Any claim, dispute, or action arising out of or relating to Blade Outboards’ website, products, or business transactions must be initiated within six (6) months from the date of delivery or the alleged incident. Any claims not brought within this time frame are permanently barred.
50. Scope of Coverage
These Terms and Conditions apply to all websites, platforms, services, tools, and portals operated by or on behalf of Blade Outboards, including any subdomains of blade outboards, whether currently existing or created in the future. This includes but is not limited to:
retailers.bladeoutboards.com
support.bladeoutboards.com
any subdomain or localized variant of bladeoutboards.com
By accessing or using any part of the Blade Outboards digital infrastructure, including these subdomains and any related platforms or services, you agree to be bound by these Terms and Conditions, as well as any supplemental terms that may be expressly provided in connection with specific portals, features, or services.
Blade Outboards reserves the right to extend, restrict, or modify access to any subdomain or service at any time, for any reason, without notice.
51. Reverse Idemnity
In the event that you bring any action, claim, or legal proceeding against Blade Outboards and do not prevail, you shall reimburse Blade Outboards for all legal fees, costs, and expenses incurred in defending such action, including any appeals.
52. Legal Expenses and Liquidated Damages
If a Customer initiates any claim, suit, or legal proceeding against Blade Outboards and does not prevail, the Customer shall be liable to reimburse Blade Outboards for the greater of: (i) all actual legal fees, court costs, and related expenses reasonably incurred by Blade Outboards, or (ii) fifty thousand U.S. dollars (USD $50,000), as liquidated damages and not as a penalty. The parties agree that this amount represents a reasonable pre-estimate of the cost, disruption, reputational harm, and administrative burden associated with defending against unmeritorious claims, and that actual damages would be difficult to ascertain.
This provision shall be enforceable to the maximum extent permitted under the Governing Law (as defined), and shall survive the termination or expiration of any agreement or transaction between the Customer and Blade Outboards.
53. No Class Actions
To the fullest extent permitted by applicable law, the Customer knowingly and irrevocably agrees that any dispute, claim, or legal proceeding against Blade Outboards (or its affiliates, officers, directors, employees, or agents) must be brought solely in the Customer’s individual capacity, and not as a plaintiff, class member, or representative in any purported class, collective, consolidated, or representative action, including but not limited to any class action lawsuit, class arbitration, private attorney general action, or other proceeding in which any party acts or proposes to act in a representative capacity (“Representative Proceeding”).
The Customer expressly and unconditionally waives any right to participate in or recover relief under any Representative Proceeding. The Customer further agrees that no tribunal or court may consolidate more than one person’s claims or otherwise preside over any form of a Representative Proceeding involving Blade Outboards.
This waiver is a material and essential part of the agreement between the Customer and Blade Outboards and forms an essential basis of the bargain. If this waiver is found to be unenforceable in whole or in part under applicable law, then the entirety of any action must be stayed pending resolution of that determination, and, if required, severed and brought only on an individual basis.
54. Liquidated Damages for Reputational Harm
The Customer agrees that any public disparagement, false statement, online blog, online video, or online publication that harms the reputation of Blade Outboards or its products may cause irreparable harm, for which actual damages may be difficult to ascertain. In such cases, the Customer agrees to pay liquidated damages of not less than one hundred thousand U.S. dollars ($100,000 USD), in addition to all legal and equitable remedies available.
55. Solvency Representation and Financial Assurance
The Customer, by purchasing our products, represents and warrants that it is solvent, able to pay its debts as they become due, and is not the subject of any pending or threatened bankruptcy, insolvency, receivership, or similar proceeding.
In the event Blade Outboards, in its sole discretion, believes the Customer’s financial condition has deteriorated or may impair the Customer’s ability to perform its obligations (including payment), Blade Outboards may, without prejudice to any other remedies:
demand immediate payment in full for all amounts due and/or not yet due,
require advance payment or satisfactory security for future performance,
suspend or cancel deliveries, warranties, services, or any contractual obligations, or
terminate any agreement with immediate effect.
Blade Outboards shall not be liable for any damages or claims resulting from the exercise of its rights under this clause.
Any misrepresentation of solvency or failure to provide adequate financial assurance upon request shall constitute an immediate material breach of this agreement, entitling Blade Outboards to terminate all current and future orders, withhold product or service delivery, and pursue all legal and equitable remedies.
56. Cloudflare Protection
Blade Outboards employs advanced security technologies and third-party services (including but not limited to Cloudflare) to protect the integrity, availability, and performance of its website and services. These systems may automatically monitor, log, restrict, or block access based on user behavior, IP address, geographic location, or suspected malicious activity.
The Customer agrees that:
Access to Blade Outboards’ website may be automatically denied, rate-limited, or filtered without notice or explanation.
Blade Outboards shall not be liable for any loss of access, functionality, or data resulting from such protective measures.
Any attempt to bypass, disable, or interfere with security features, access controls, rate limits, or CDN protections constitutes a material breach of these Terms and may result in legal action, termination of service, and reporting to appropriate authorities.
The Customer further agrees not to use any scraping, crawling, automation tools, or other unauthorized means to access or interact with Blade Outboards’ website or systems. Blade Outboards reserves the right to pursue civil and criminal remedies against any party violating this provision.
56. Data Hosting and Cross-Border Use
International Use and Data Transfer
Blade Outboards is based in the United States, and its websites, servers, and services are hosted and operated from the United States. By accessing or using any Blade Outboards product, service, or website, the Customer acknowledges and agrees that:
All data, including personal data, will be transmitted to, processed, and stored in the United States, subject exclusively to U.S. laws, not the laws of the Customer’s country of residence or citizenship.
Blade Outboards makes no representation that its products or services are appropriate, compliant, or available for use in other jurisdictions. Access is void where prohibited.
The Customer is solely responsible for ensuring their use of Blade Outboards’ services complies with local laws and regulations. Use of the services constitutes consent to the transfer and processing of data in accordance with U.S. laws and these Terms.
To enhance performance and reduce latency for international users, Blade Outboards may, at its sole discretion and without notice, utilize content delivery networks (CDNs), proxy services, or offshore servers in jurisdictions outside the United States.
The use of such offshore infrastructure shall not be construed as a submission to the laws, regulations, or jurisdiction of any foreign country.
All services remain governed exclusively by U.S. law, and any data transmitted through offshore servers shall be deemed processed and controlled by Blade Outboards within the United States.
57. DMCA Notice and Takedown Policy
Blade Outboards respects the intellectual property rights of others and expects all users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), Blade Outboards will promptly investigate and, where appropriate, remove or restrict access to material that is alleged to infringe the copyrights of others.
If You believe that any content on a Blade Outboards website, platform, or service infringes upon Your copyright, You must submit a proper DMCA Takedown Notice that includes all of the following:
A physical or electronic signature of the copyright owner or person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material, including its location on the Blade Outboards platform with sufficient detail to allow us to locate it;
A statement that You have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notice is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner. – Upon receipt of a valid notice, Blade Outboards will take appropriate action as required by law, which may include removal of or disabling access to the allegedly infringing content. Blade Outboards reserves the right to terminate accounts of repeat infringers in accordance with its zero-tolerance policy.
57. Customer Warranty
Blade Outboards may, at its sole and absolute discretion, provide a limited warranty for certain products. This warranty, where offered, is a voluntary and non-legally binding customer service policy, and shall not be interpreted as a legal obligation or contractual requirement.
When offered, Blade Outboards warrants that its products, when used under normal operating conditions and in accordance with provided documentation, may be free from defects in material and workmanship for a period of two (2) years from the original date of retail purchase (the “Warranty Period”). This warranty is limited to the original purchaser and is non-transferable. Proof of purchase from an authorized dealer is required for all claims.
What is Covered (at Our Sole Discretion):
Manufacturing defects in materials or workmanship that render the product wholly inoperable under intended usage conditions.
What is NOT Covered:
Normal wear and tear, abuse, misuse, negligence, unauthorized modification, improper maintenance, installation errors, or external damage (e.g., impact, corrosion, flooding, or overvoltage).
Use of third-party components, non-recommended accessories, or environmental conditions beyond the product’s rated specifications.
Products sold by unauthorized resellers, used or secondhand products, or units lacking verifiable purchase records.
Any costs or damages associated with removal, reinstallation, transport, labor, or loss of use.
No Guarantee of Repair or Replacement:
Blade Outboards reserves the unrestricted right to deny any warranty claim for any reason or without reason, including suspected abuse, improper use, or lack of compliance with any part of this Agreement. Blade Outboards is not legally obligated to provide repairs, replacements, or refunds, and any service rendered under this policy is done entirely at our discretion and as a gesture of goodwill.
Exclusive Remedy (If Provided):
If Blade Outboards, in its sole discretion, chooses to address a warranty issue, the exclusive remedy may be:
Repair using new or refurbished parts;
Replacement with a product of equal or greater value; or
Issuance of a store credit or refund not to exceed the original purchase price.
Repaired or replacement items will be covered for the remainder of the original Warranty Period only. Blade Outboards reserves the right to require the return of defective products for inspection before determining eligibility for any remedy.
No Implied Warranties; Limitation of Liability:
This Limited Warranty is provided as-is and in lieu of all other warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement. To the fullest extent permitted by law, Blade Outboards disclaims all implied warranties, and under no circumstance shall be held liable for incidental, consequential, indirect, or special damages of any kind.
No Representations or Extensions Permitted:
No retailer, reseller, distributor, agent, or employee is authorized to alter or extend this Limited Warranty or make any guarantees or representations not expressly stated herein.
This warranty is only valid if the product is registered with Blade Outboards within 30 days of purchase
Jurisdictional Compliance:
If local law in the Customer’s jurisdiction does not permit the exclusion of certain warranties, limitations of liability, or denial of legal obligations, then Blade Outboards will comply only to the minimum extent required by such applicable law, and no further.
58. Jurisdictional Limitations
To the fullest extent permitted by applicable law, the provisions of these Terms and Conditions shall be enforceable in accordance with their terms. However, if any provision, clause, or section of this Agreement is found to be unenforceable, invalid, or in conflict with applicable law in a specific jurisdiction, then:
Blade Outboards shall make commercially reasonable efforts to comply with such applicable local law, but only to the minimum extent required, and shall not be obligated to provide any greater rights or remedies than those strictly mandated by law.
Such unenforceable provision shall be severed from this Agreement solely as it applies in that jurisdiction, and all remaining terms shall remain in full force and effect in all other jurisdictions.
Blade Outboards expressly disclaims the application of foreign laws, statutes, or regulations in jurisdictions where it does not conduct business, maintain a legal presence, or directly sell or distribute its products or services. This includes, but is not limited to, scenarios where a product is resold, transferred, or otherwise made available outside of the original country or region of sale.
For the avoidance of doubt, no rights shall be conferred to any third party or subsequent acquirer of a product or service, unless expressly agreed to by Blade Outboards in writing.
The failure of Blade Outboards to enforce any term or condition shall not be deemed a waiver of future enforcement of that or any other term.
59. Jurisdictional Limitations
Notwithstanding any provision of these Terms and Conditions, residents of the European Union and the State of California may be entitled to certain consumer rights or legal protections that cannot be waived, limited, or disclaimed by contract. To the extent such rights are mandatory under applicable law, Blade Outboards will comply with those obligations, but only to the minimum extent strictly required by such law.
These additional rights shall apply only to customers who are verified residents of the European Union or California and only for purchases made directly from Blade Outboards or its authorized channels within those regions.
All other provisions of this Agreement, including any limitations on liability, disclaimers of warranties, dispute resolution mechanisms, or jurisdictional exclusions, shall remain fully in effect and enforceable unless and only to the extent they are rendered invalid under applicable mandatory laws.
60. No Reverse Engineering
You agree not to, and shall not permit any third party to, directly or indirectly: copy, modify, decompile, disassemble, reverse engineer, derive source code from, tamper with, or create derivative works based on any part of Blade Outboards’ products, services, firmware, software, website, or associated systems. This includes but is not limited to any hardware components, embedded code, proprietary protocols, diagnostic tools, or communications interfaces.
Any attempt to do so, whether for personal, academic, competitive, or any other purpose, is a material breach of these Terms and Conditions and may result in:
Immediate termination of access to all products, services, and support,
Revocation of any and all warranties,
Legal action, and
A contractual penalty of $100,000 USD per violation, or actual damages incurred by Blade Outboards, whichever is greater.
This restriction applies regardless of any disclosures, labeling, or accessibility of components, and survives the termination or expiration of any warranty, license, or agreement.
61. Disclaimer of Unintended Uses
Blade Outboards products are intended solely for lawful recreational or commercial marine use. Any use in hazardous, military, safety-critical, or life-sustaining applications is strictly prohibited unless specifically authorized in writing. Blade Outboards disclaims all liability for unintended uses.
62. Trade Compliance Warning
You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory that is subject to comprehensive U.S. economic sanctions or embargoes, including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine.
You further represent and warrant that you are not identified on any U.S. government restricted party list, including the U.S. Treasury Department’s Specially Designated Nationals (SDN) List, the U.S. Commerce Department’s Denied Persons List or Entity List, or any similar list maintained by an applicable authority.
You agree not to use, export, re-export, transfer, or otherwise distribute any Blade Outboards product, software, or technical data in violation of any applicable export control laws or regulations, including those of the United States.
Any breach of this clause constitutes a material violation of these Terms and may result in immediate termination of service, cancellation of any license or warranty, and legal action.
62. Contact
Questions about these Terms and Conditions should be directed to: support.bladeoutboards.com or the contact us form, or via email that can be found on our contact page.