Terms of Service

Last updated: August 3, 2026

Welcome to the Kirby Marine website, accessible at https://www.kirbymarine.com (the “Site”). These Terms of Service govern Your access to and use of the Site, its features, forms, communications, and services offered by Kirby Marine (“Kirby Marine,” “We,” “Us,” or “Our”).

By accessing or using the Site, submitting information through the Site, creating an account, or enrolling in Our text messaging program, You agree to be bound by these Terms of Service. If You do not agree with these terms, You should not use the Site or enroll in Our messaging program.

Use of the Site

You agree to use the Site only for lawful purposes and in a manner that does not violate applicable laws, regulations, contractual obligations, or the rights of any third party.

You may not:

Use the Site for fraudulent, abusive, unlawful, or misleading purposes
Attempt to gain unauthorized access to the Site, its servers, accounts, or systems
Interfere with the operation, security, or availability of the Site
Upload or transmit malicious code, viruses, or harmful material
Collect information about other users without authorization
Impersonate another person or misrepresent Your identity or affiliation
Use automated tools to scrape, copy, or extract Site content without Our permission

You are responsible for any information, content, or communications You submit through the Site.

Products, Services, and Website Information

Kirby Marine provides information relating to boats, marine products, inventory, dealership services, service appointments, parts, promotions, events, financing inquiries, and related marine services.

Descriptions, photographs, pricing, specifications, inventory status, availability, and other information displayed on the Site are provided for general informational purposes and may change without notice.

We make reasonable efforts to keep Site information accurate. However, inventory, pricing, options, specifications, promotions, and availability may differ from what is displayed. You should contact Kirby Marine directly to verify important information before making a purchase or other decision.

Nothing displayed on the Site constitutes a binding offer unless We expressly state otherwise in writing.

User Accounts

Certain Site features may require You to create an account.

When creating or maintaining an account, You agree to:

Provide accurate, current, and complete information
Update Your information when it changes
Maintain the confidentiality of Your username and password
Restrict unauthorized access to Your Device or account
Notify Us promptly if You suspect unauthorized account access

You are responsible for activity conducted through Your account unless prohibited by applicable law.

We may suspend or terminate an account if We reasonably believe that it has been used in violation of these Terms, applicable law, or Site security requirements.

Kirby Marine SMS Messaging Program

Program Name

The name of the text messaging program is the Kirby Marine SMS Messaging Program.

Program Description

When You voluntarily provide Your mobile telephone number and expressly consent to receive text messages, Kirby Marine may send messages related to Your interaction with Our dealership and services.

Depending on the consent You provide, messages may include:

Responses to questions or website inquiries
Follow-ups concerning boats, inventory, products, or services You requested
Information about boat availability
Pricing or quote-related communications
Appointment confirmations
Appointment reminders
Appointment scheduling or rescheduling messages
Service department updates
Maintenance or repair status updates
Parts availability or order updates
Customer service communications
Sales representative follow-ups
Test ride, demonstration, or dealership visit information
Transaction-related communications
Financing inquiry follow-ups
Document or information requests related to a transaction
Event registrations, reminders, or updates
Dealership hours or location information
Promotional offers
New or pre-owned inventory announcements
Sales events
Product or service promotions
Other marketing messages where You have expressly consented to receive them

The exact types of messages You receive will depend on Your request, relationship with Kirby Marine, and the consent language presented at the time You enroll.

Consent to receive SMS messages is not a condition of purchasing any goods or services.

Message Frequency

Message frequency varies based on Your inquiries, appointments, transactions, service activity, communication preferences, and participation in promotional campaigns.

You may receive multiple messages relating to a single inquiry, appointment, transaction, or service request. Promotional message frequency may also vary.

Message and Data Rates

Message and data rates may apply.

Your mobile carrier may charge You for sending or receiving text messages according to Your wireless service plan. Kirby Marine is not responsible for charges imposed by Your wireless carrier.

Opting In

You may enroll in the Kirby Marine SMS Messaging Program by completing an SMS opt-in checkbox or consent field on a Website form.

By opting in, You represent that:

You are the subscriber or authorized user of the mobile telephone number provided
You are authorized to consent to receive text messages at that number
The information You provide is accurate
You consent to receive messages consistent with the disclosure presented during enrollment

You should not provide a telephone number that belongs to another person unless You have legal authority to consent on that person’s behalf.

Opting Out

You may stop receiving SMS messages at any time by replying STOP to a message from Kirby Marine.

After You send STOP, You may receive one final confirmation message stating that You have been unsubscribed. After that confirmation, You should no longer receive messages from the applicable messaging program unless You enroll again.

Commands such as CANCEL, END, QUIT, STOPALL, or UNSUBSCRIBE may also be recognized, but replying STOP is the recommended opt-out method.

Opting out of SMS messages will not necessarily prevent Kirby Marine from contacting You through other communication methods when permitted, such as telephone or email.

Customer Care and Help

For help with the Kirby Marine SMS Messaging Program, reply HELP to a Kirby Marine text message.

You may also contact Kirby Marine at:

Kirby Marine
222 JT Connell Highway
Newport, RI 02840

Phone: 401.847.0321

When requesting assistance, please provide enough information for Us to identify the relevant inquiry or messaging subscription.

Supported Carriers and Delivery

SMS message delivery is subject to the availability and operation of Your mobile carrier’s network.

Wireless carriers are not liable for delayed or undelivered messages. Kirby Marine does not guarantee that every text message will be delivered or received within a particular time.

Some carriers, devices, telephone numbers, or service plans may not support all messaging features.

Mobile Number Changes

You agree to notify Kirby Marine or opt out of the SMS program before discontinuing, transferring, or changing the mobile telephone number You provided.

If Your number changes ownership, You are responsible for preventing messages intended for You from being delivered to a new subscriber.

SMS Privacy

Mobile information will not be shared with third parties or Affiliates for marketing or promotional purposes.

Text messaging originator opt-in data and consent will not be shared with third parties for their independent marketing or promotional purposes.

Kirby Marine may use service providers that are necessary to operate and deliver its messaging program. Such providers may process information only as needed to perform services on behalf of Kirby Marine.

Additional information about how We collect, use, retain, and protect Personal Data is available in Our Privacy Policy.

Electronic Communications

By submitting a form, creating an account, sending an email, requesting information, or otherwise communicating electronically with Kirby Marine, You consent to receive communications electronically where permitted by law.

Electronic communications may include emails, Site notices, account notifications, transaction-related communications, or other messages associated with Your request.

Consent to receive general electronic communications does not automatically constitute consent to receive marketing SMS messages. SMS consent is obtained separately where required.

Intellectual Property

All content available through the Site, including text, photographs, graphics, logos, icons, videos, page layouts, designs, software, code, trademarks, trade names, and other materials, is owned by or licensed to Kirby Marine and is protected by copyright, trademark, and other intellectual property laws.

You may use the Site and its content only for personal, non-commercial purposes related to evaluating or obtaining Kirby Marine products or services.

Without Our prior written consent, You may not:

Copy, reproduce, republish, or distribute Site content
Modify or create derivative works from Site content
Use Site content for commercial purposes
Remove copyright, trademark, or proprietary notices
Frame, mirror, or embed substantial portions of the Site
Use Kirby Marine trademarks, names, or logos in a misleading manner

No ownership rights are transferred to You through Your use of the Site.

Third-Party Links and Services

The Site may contain links to third-party websites, applications, tools, financing providers, manufacturers, social media platforms, or other resources.

Kirby Marine does not control and is not responsible for the availability, content, security, products, privacy practices, or terms of third-party websites or services.

The inclusion of a third-party link does not necessarily constitute an endorsement.

You access third-party websites and services at Your own risk and should review their applicable terms and privacy policies.

Financing Information

Any financing information provided through the Site is for general informational purposes only and does not constitute an offer, approval, guarantee, or commitment to provide credit.

Financing is subject to application review, credit approval, lender requirements, applicable terms, and the availability of participating lenders.

Rates, payments, terms, down-payment requirements, and eligibility may vary.

No Professional Advice

Information provided through the Site is not intended as legal, financial, tax, insurance, mechanical, safety, or other professional advice.

You should consult an appropriately qualified professional regarding decisions that require specialized advice.

Disclaimers

The Site and its content are provided on an “as is” and “as available” basis to the fullest extent permitted by law.

Kirby Marine makes no express or implied warranties concerning:

The accuracy, reliability, or completeness of Site content
The availability of specific boats, products, prices, or services
Uninterrupted or error-free access to the Site
The absence of viruses or harmful components
The suitability of Site information for a particular purpose
Results obtained from using the Site

To the fullest extent permitted by law, Kirby Marine disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Certain jurisdictions do not allow some warranty exclusions, so portions of this section may not apply to You.

Limitation of Liability

To the fullest extent permitted by applicable law, Kirby Marine and its Affiliates, officers, employees, agents, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:

Your access to or use of the Site
Your inability to access or use the Site
Reliance on Site content
Errors or omissions in Site information
Third-party websites or services
Unauthorized access to Your account or communications
Delayed or undelivered electronic or SMS messages
Loss of data, revenue, profits, goodwill, or business opportunities

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

Indemnification

To the fullest extent permitted by law, You agree to defend, indemnify, and hold harmless Kirby Marine and its Affiliates, officers, directors, employees, agents, licensors, and service providers from claims, damages, obligations, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:

Your misuse of the Site
Your violation of these Terms of Service
Your violation of applicable law
Your infringement of another person’s rights
Information or content You submit through the Site
Your unauthorized use of another person’s telephone number or account

Suspension and Termination

We may suspend, restrict, or terminate Your access to the Site or certain Site features if We reasonably believe You have:

Violated these Terms
Used the Site unlawfully
Threatened the security or operation of the Site
Engaged in fraudulent or abusive activity
Created legal or regulatory risk for Kirby Marine

Provisions that by their nature should survive termination will remain effective, including intellectual property, disclaimers, limitations of liability, indemnification, and governing law provisions.

Governing Law

These Terms of Service are governed by and construed according to the laws of the State of Rhode Island, without regard to its conflict-of-law principles.

To the extent permitted by applicable law, any legal action arising from or relating to these Terms or the Site must be brought in the state courts located in Newport County, Rhode Island, or the United States District Court for the District of Rhode Island.

You consent to the personal jurisdiction and venue of those courts.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in full force and effect.

Waiver

Kirby Marine’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or of Our right to enforce it later.

Entire Agreement

These Terms of Service, together with Our Privacy Policy and any additional terms presented in connection with a specific service, form the entire agreement between You and Kirby Marine concerning Your use of the Site.

Changes to These Terms

Kirby Marine may update these Terms of Service periodically to reflect changes in Our services, business practices, legal requirements, or messaging program.

Updated Terms will be posted on this page with a revised “Last updated” date.

Your continued use of the Site after revised Terms become effective constitutes Your acceptance of the updated Terms, to the extent permitted by law.

Material changes to the SMS messaging program may also be communicated through the Site, email, SMS, or another appropriate method.

Contact Us

For questions about these Terms of Service, the Kirby Marine SMS Messaging Program, or Your use of the Site, contact Us at: