Disclaimers

1) General website disclaimer

The Sites and all content made available through them are provided for general informational and commercial purposes only. Nothing on the Sites constitutes an offer, solicitation, recommendation, or commitment of any kind, and no statement on the Sites should be relied upon as the basis for any transaction or decision.

Information about vessels, builders, markets, services, and engagements is intended to provide a general overview of Lexington’s practice and is not a substitute for due diligence, professional advice, or a written engagement with Lexington.

Use of the Sites does not establish any business relationship between you and Lexington beyond the limited license to access and use the Sites set forth in the Terms of Use.

2) Counsel review notice

Lexington reserves the right to modify these Disclaimers at any time, and clients and visitors should not rely on any specific provision without confirming its current language and applicability.

3) No legal, tax, financial, investment, insurance, or accounting advice

Nothing on the Sites, in any communication from Lexington, or in any service provided by Lexington constitutes:

• Legal advice;
• Tax, customs, duty, or VAT advice;
• Financial, investment, securities, or wealth-management advice;
• Insurance, risk-management, or coverage advice;
• Accounting, auditing, or valuation advice; or
• Any other advice within a regulated profession.

Lexington is not a law firm, accounting firm, registered investment adviser, FINRA-licensed broker-dealer, licensed insurance producer, or licensed customs broker.

Information shared by Lexington on these subjects is provided for general orientation only and reflects Lexington’s commercial perspective on the maritime market, not a professional opinion. You should consult appropriately qualified and licensed professionals for advice tailored to your circumstances.

4) Advisory and consulting services

Lexington’s advisory and consulting services are provided exclusively under separate written engagement agreements that define the scope, deliverables, fees, term, confidentiality, and responsibilities of each engagement.

Nothing on the Sites, no inquiry, conversation, meeting, or proposal, and no exchange of information creates an advisory or consulting engagement, an obligation to provide services, or any expectation of a particular outcome, unless and until such an engagement is established by a signed written agreement executed by Lexington.

General views, examples, frameworks, or commentary shared in marketing materials, articles, or preliminary discussions are illustrative only and are not engagement-specific advice.

5) Yacht brokerage and marine sales

Yacht brokerage and marine sales activities are inherently market-driven and involve information that originates from sellers, buyers, builders, captains, surveyors, charter operators, registries, and other third parties.

Vessel descriptions, specifications, dimensions, tonnage, condition, equipment, maintenance histories, refit records, classification status, flag, registration, asking prices, ownership, charter availability, and similar information are obtained from third-party sources, are not independently verified by Lexington, and are subject to change, correction, prior sale, withdrawal, or error without notice.

Photographs, renderings, and videos are illustrative and may not reflect the current condition or specification of any vessel.

All vessel information should be independently verified by the prospective buyer or charterer through a qualified marine surveyor, naval architect, marine attorney, and other appropriate professionals before any binding decision is made.

6) No guarantee of transaction outcomes

Lexington makes no representation, warranty, or guarantee that any acquisition, sale, charter, referral, introduction, manufacturer engagement, or other transaction will close, complete, perform as expected, or achieve any particular commercial, financial, operational, or qualitative result.

Past results, prior engagements, or examples described on the Sites or in communications do not guarantee or predict future outcomes. Each transaction is unique and subject to factors outside Lexington’s control, including counterparty conduct, market conditions, regulatory action, and force majeure.

7) Third-party information and listings

The Sites and Lexington’s communications may include or reference information, listings, photographs, specifications, ratings, surveys, classification reports, market data, or commentary originating from third parties, including builders, sellers, buyers, surveyors, classification societies, registries, multiple-listing services, charter operators, lenders, insurers, and publications.

Lexington does not control, endorse, certify, or independently verify third-party information and assumes no responsibility for its accuracy, completeness, currency, or fitness for any purpose.

Reliance on any third-party information is at the recipient’s own risk, and the recipient is solely responsible for confirming the accuracy and applicability of such information through independent professional sources.

8) International clients and cross-border transactions

Yacht acquisitions, sales, charters, and ownership structures frequently involve cross-border elements. These elements implicate complex and rapidly changing rules in areas including, without limitation:

• Import, export, customs entry, and duty determination;
• Sales, use, and value-added tax (VAT) liability and recovery;
• Vessel registration, documentation, and re-flagging;
• Flag-state, port-state, and classification-society compliance;
• Maritime, admiralty, and contract law;
• Corporate, trust, and ownership-structuring matters;
• Anti-money-laundering, beneficial-ownership, and know-your-customer obligations;
• Sanctions, embargo, and export-control compliance;
• Crew, employment, and immigration matters; and
• Cross-border data transfer and privacy.

Lexington does not provide legal, tax, customs, immigration, or compliance advice on any of the foregoing matters. Each cross-border transaction may give rise to obligations in multiple jurisdictions, including those of the buyer, seller, vessel, flag, builder, broker, financier, and crew.

Clients are solely responsible for engaging qualified maritime counsel, customs brokers, tax advisors, and compliance professionals admitted or authorized in each relevant jurisdiction, and for satisfying all applicable filings, registrations, payments, and reporting obligations.

9) Client responsibility for independent professional advice

Yacht acquisition, ownership, and operation are significant undertakings. Each client and prospective client is solely responsible for engaging its own independent professional advisors, including, where appropriate:

• Maritime, corporate, and tax attorneys;
• Marine surveyors and naval architects;
• Certified public accountants and tax advisors;
• Insurance brokers and risk advisors;
• Customs brokers and freight forwarders;
• Crew agencies, captains, and management companies; and
• Lenders and financial advisors.

Lexington’s services are not a substitute for these independent professionals, and Lexington should not be relied upon as the sole or primary source of advice on matters within their respective domains.

10) No fiduciary relationship

Use of the Sites, communications with Lexington, or receipt of information or proposals does not create a fiduciary relationship between Lexington and any visitor, prospective client, or counterparty.

A fiduciary relationship arises only if and to the extent expressly agreed in a separate written agreement executed by Lexington that identifies the scope and nature of any fiduciary duties undertaken.

Absent such a written agreement, Lexington owes no fiduciary, advisory, or trust-based duties to visitors, recipients of communications, or counterparties.

11) No regulated professional relationship

No attorney-client, broker-client, investment-adviser, insurance-producer, customs-broker, or other regulated professional relationship is created or implied by:

• Access to or use of the Sites;
• Submission of an inquiry, contact form, or document;
• Email, telephone, or messaging communications;
• Attendance at meetings, events, or presentations; or
• Receipt of marketing or proposal materials.

Any such relationship is established only by a signed written agreement that expressly identifies the regulated relationship, the parties to it, and the scope of the engagement.

Until such an agreement is signed, do not treat communications with Lexington as confidential within the meaning of any professional privilege, and do not transmit information that you wish to remain protected by professional privilege.

12) Regulatory, licensing, and jurisdictional limitations

Lexington Solutions LLC is organized under the laws of the State of New York. Lexington’s services are offered only where legally permitted and only in accordance with applicable law.

Lexington is not a registered investment adviser, FINRA-licensed broker-dealer, licensed insurance producer, licensed customs broker, or law firm, and Lexington does not hold itself out as licensed in those capacities.

Yacht brokerage licensing, registration, and bonding requirements vary by U.S. state, U.S. territory, and foreign jurisdiction. Where a particular jurisdiction requires a license, registration, or other authorization to perform yacht brokerage or marine-sales activities, Lexington either holds such authorization, declines to act in that capacity, or works alongside an appropriately authorized co-broker or counterparty, as the case may require. The presence of information on the Sites is not a representation that any particular service is available or authorized in any particular jurisdiction.

Nothing on the Sites is directed at any person in any jurisdiction where its publication or availability would be contrary to applicable law or regulation. Visitors are responsible for compliance with the laws of their own jurisdictions when accessing the Sites or engaging Lexington.

13) Accuracy, availability, and website content

The Sites and their content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, currency, non-infringement, uninterrupted availability, or freedom from error or harmful code.

Lexington may modify, suspend, or discontinue any feature, content, or section of the Sites at any time, with or without notice. Information on the Sites is updated from time to time, and Lexington does not warrant that any particular page reflects the most current state of the firm, its services, its personnel, or any vessel or transaction.

Typographical errors, omissions, broken links, formatting issues, and stale content may occur. Lexington reserves the right to correct, update, or remove content at its sole discretion.

14) External links

The Sites may contain links to third-party websites, platforms, services, or resources operated by parties other than Lexington. Such links are provided for convenience and reference only.

Lexington does not control, endorse, sponsor, or assume responsibility for the content, accuracy, security, availability, privacy practices, or terms of any third-party site or resource. Use of any third-party site or resource is at your own risk and is governed by the terms and policies of the operator of that site or resource.

15) Confidentiality and communications

Communications submitted through the Sites, including web forms, email links, and contact requests, are not encrypted end-to-end and should not be presumed confidential. Information transmitted via internet or wireless communication may be intercepted, lost, or accessed without authorization.

Until a written engagement is established with Lexington, do not transmit confidential, sensitive, privileged, or proprietary information through the Sites or unsolicited communications. Information voluntarily submitted may be reviewed in connection with normal business operations and is subject to the Privacy Policy.

Submission of an inquiry or document does not create a duty of confidentiality, an attorney-client or broker-client relationship, or an obligation by Lexington to act on the inquiry.

16) Limitation of liability

To the maximum extent permitted by applicable law, Lexington and its members, managers, officers, employees, agents, affiliates, and representatives shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, business, opportunity, data, goodwill, or savings, arising from or relating to your access to or use of the Sites, reliance on any content, or engagement of Lexington’s services, even if advised of the possibility of such damages.

Lexington’s aggregate liability arising out of or relating to the Sites and any content or services provided through them shall not exceed the greater of (a) one hundred U.S. dollars (US $100) or (b) the fees actually paid by the claimant to Lexington for the specific service giving rise to the claim, consistent with the limitation set forth in the Terms of Use.

These limitations apply regardless of the legal theory on which the claim is based, including contract, tort, negligence, strict liability, or statute. Some jurisdictions do not allow the exclusion or limitation of certain damages, in which case portions of this section may not apply.

17) Changes to these Disclaimers

Lexington may revise these Disclaimers at any time and in its sole discretion. Revisions are effective when posted to the Sites. Continued access to or use of the Sites after a revision constitutes acceptance of the revised Disclaimers.

Recipients of services should consult the most current version of these Disclaimers, the Terms of Use, and the Privacy Policy as posted on the Sites.

18) Contact information