Last Updated: 1/21/16
By using the website you agree to the following terms automatically.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR BOATS (DEFINED BELOW) AND RENTERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK BOATS. YOU UNDERSTAND AND AGREE THAT BOATBOUND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS BOATBOUND A BOAT BROKER, AGENT OR INSURER. BOATBOUND HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY BOATS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“Boats" means marine vessels.
“Boatbound Content" means all Content that Boatbound makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content" means Member Content and Boatbound Content.
“Content" means text, graphics, images, music, software (excluding the Application), audio, video, information and any other content or materials.
“Renter" means a Member who requests a booking of a Boat via the Services, or a Member who uses a Boat and is not the Owner for such Boat.
“Owner" means a person who creates and manages a Listing via the Services, is responsible for approving rentals, checking in or out a renter, or responding to messages on the website. The owner does not have to be the boat owner, but will need to be appointed and approved by the boat owner.
“Listing" means a Boat that is listed by an Owner as available for rental via the Services.
“Member" means a person who completes Boatbound's account registration process, including, but not limited to Owners and Renters, as described under “Account Registration" below.
“Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.
“Tax" or “Taxes" mean any sales taxes, goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE US. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR TO PARTICIPATE IN THE REFERRAL PROGRAM.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “ you" and “your" will refer and apply to that company or other legal entity.
Boatbound reserves the right, at its sole discretion, to modify the Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “ Last Updated Date" at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
You agree that you will comply with all written Boatbound rules, agreements, and policies that are made available by Boatbound on the Services and which are incorporated herein by reference. These include, without limitation:
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
The Services can be used to facilitate the listing and booking of Boats. Such Boats are included in Listings on the Services by Owners. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a Boat or create a Listing, you must first register to create a Boatbound Account (defined below).
As stated above, Boatbound makes available a platform or marketplace with related technology for Renters and Owners to meet online and arrange for bookings of Boats. Boatbound is not an owner or operator of Boats, including, but not limited to, sailboats, ski boats, yachts, houseboats, kayaks, or other boats, nor is it a provider of boats, including, but not limited to, sailboats, skiboats, yachts, houseboats, kayaks, or other boats, and Boatbound does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Boats, including, but not limited to, sailboats, skiboats, yachts, houseboats, kayaks, or other Boats, or transportation or travel services. Boatbound's responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Owner for the purpose of accepting payments from Renters on behalf of the Owner.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF BOATS. BOATBOUND CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY BOATS. BOATBOUND IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BOATS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER'S AND OWNER'S OWN RISK.
In order to access certain features of the Services, and to book a Boat or create a Listing, you must register to create an account (“Boatbound Account") and become a Member. You may register to join the Services directly via the Services or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“ TPA") (including, but not limited to, Facebook); each such account, a “Third Party Account", via our Services, as described below. As part of the functionality of the Services, you may link your Boatbound Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Boatbound through the Services; or (ii) allowing Boatbound to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Boatbound and/or grant Boatbound access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Boatbound to pay any fees or making Boatbound subject to any usage limitations imposed by such third party service providers. By granting Boatbound access to any Third Party Accounts, you understand that Boatbound will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“TPA Content") so that it is available on and through the Services via your Boatbound Account and Boatbound Account profile page. Unless otherwise specified in these Terms, all TPA Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Boatbound Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Boatbound's access to such Third Party Account is terminated by the third party service provider, then TPA Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Boatbound Account and your Third Party Accounts, at any time, by accessing the “Account" section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Boatbound makes no effort to review any TPA Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Boatbound is not responsible for any TPA Content.
We will create your Boatbound Account and your Boatbound Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via an TPA as described above. You may not have more than one (1) active Boatbound Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Boatbound reserves the right to suspend or terminate your Boatbound Account and your access to the Services if you create more than one (1) Boatbound Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Boatbound Account, whether or not you have authorized such activities or actions. You will immediately notify Boatbound of any unauthorized use of your Boatbound Account.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Boat to be listed, including, but not limited to, the value, location, size, features, availability of the Boat, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Services. Other Members will be able to book your Boat via the Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Boat, the price for such booking may not be altered without contacting customer service.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, a Boat in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Boat included in a Listing you post, including, but not limited to, insurance requirements, coast guard regulations, zoning laws, marina regulations, and laws governing rentals and operation of Boats and (b) not conflict with the rights of third parties. Please note that Boatbound assumes no responsibility for an Owner's compliance with any applicable laws, rules and regulations. Boatbound reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Boatbound, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
You understand and agree that Boatbound does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your Boat and uses your Boat, any agreement you enter into with such Renter is between you and the Renter and Boatbound is not a party thereto. Notwithstanding the foregoing, Boatbound serves as the limited authorized agent of the Owner for the purpose of accepting payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Boat, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Boat. Any Member wishing to book Boats included in Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information. More information on how to set such requirements is available via the “ Owners" section of the Services.
If you are an Owner, Boatbound makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Boat. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.
Boatbound does not endorse any Members or any Boats. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member's purported identity or other information provided by such Member. You are responsible for determining the identity and suitability of others who you contact via the Services. Except as provided by the Boatbound Terms and Conditions, we will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Boatbound with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Owner against Boatbound regarding the remittance of payments received from a Renter by Boatbound on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “ Limitation of Liability".
If you are an Owner and a booking is requested for your Boat via the Services, you may be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Boatbound in its sole discretion) or the booking request may be automatically canceled. When a booking is requested via the Services, we will share with you (i) the first and last name of the Renter who has requested the booking, and, (ii) a link to the Renter's Boatbound Account profile page,so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a Boat within such 24 hour period, any amounts collected by Boatbound for the requested booking may be refunded to the applicable Renter's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Renter, Boatbound will send you an email, text message or message via the Services confirming such booking, depending on the selections you make via the Services.
The fees displayed in each Listing are comprised of the Boat Fees (defined below) and the Renter Fees (defined below.) Where applicable, Taxes may be charged in addition to the Boat Fees and Renter Fees. The Boat Fees, the Renter Fees and applicable Taxes are collectively referred to in these Terms as the “ Total Fees". The amounts due and payable by a Renter solely relating to an Owner's Boat which are actually collected by Boatbound are the “Boat Fees". Please note that it is the Owner and not Boatbound which determines the Boat Fees. The Boat Fees may include cleaning fees, pre-paid fuel charges, at the Owner's discretion.
Boatbound charges a fee to Renters based upon a percentage of applicable Boat Fees which are the “ Service Fees". The Service Fees are added to the Boat Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Boatbound will collect the Total Fees at the time of booking confirmation (i.e. when the Owner confirms the booking within 24 hours of the booking request) and will initiate payment of the Boat Fees (less Boatbound's Service Fees as defined in the Fees Policy http://boatbound.co/fees) to the Owner two business days after of when the Renter arrives at the applicable Boat (except to the extent that a refund is due to the Renter). Failure to charge any of the fees or other indulgences shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time.
The minimum age to book varies by type of rental (Charter, Captain, or Bareboat). For all boats that are not covered by the Peer-to-Peer Boat Rental Insurance Policy through BoatUS (and have their own policy), the minimum age is 18. For non-captain (bareboat) boats that are insured through Boatbound during the rental, the minimum age is 25 and each renter must pass a renter verification. For boats that are operated by licensed captains that are insured through Boatbound during the rental, the minimum age is 18.
Each Owner hereby appoints Boatbound as the Owner's limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner. Each Owner agrees that payment of Boat fees made by a Renter to Boatbound shall be considered the same as a payment made directly to the Owner and the Owner will make the Boat available to Renter in the agreed upon manner as if the Owner has received the Boat Fees. Each Owner agrees that Boatbound may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the Boat Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Owner, Boatbound assumes no liability for any acts or omissions of the Owner.
Please note that Boatbound does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Boatbound reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings, or for other features of the Services. Please note that Boatbound will provide notice of any such additional fees via the Services, prior to implementing such fees.
The Owners, not Boatbound, are solely responsible for honoring any confirmed bookings and making available any Boats reserved through the Services. If you, as a Renter, choose to enter into a transaction with an Owner for the booking of a Boat, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Boat imposed by the Owner. You acknowledge and agree that you, and not Boatbound, will be responsible for performing the obligations of any such agreements, that Boatbound is not a party to such agreements, and that, with the exception of its obligations hereunder to pay Boat Fees to the applicable Owner, Boatbound disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Boatbound is not a party to the agreement between you and the Owner, Boatbound acts as the Owner's payment agent for the limited purpose of accepting payments from you on behalf of the Owner. Upon your payment of amounts to Boatbound which are due to the Owner, your payment obligation to the Owner for such amounts is extinguished, and Boatbound is responsible for remitting such amounts, less Boatbound's Owner Fees, to the Owner. In the event that Boatbound does not remit any such amounts to an Owner, such Owner will have recourse for such amounts only against Boatbound.
Listings for Boats will specify the Total Fees. As noted above, the Owner is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Boatbound in its sole discretion) or the requested booking may be automatically canceled. If a requested booking is canceled (i.e. not confirmed by the applicable Owner), any amounts collected by Boatbound will be refunded to such Renter, depending on the selections the Renter makes via the Services, and any pre-authorization of such Renter's credit card will be released, if applicable.
You agree to pay Boatbound for the Total Fees for any booking requested in connection with your Boatbound Account if such requested bookings are confirmed by the applicable Owner. In order to establish a booking pending the applicable Owner's confirmation of your requested booking, you understand and agree that Boatbound, on behalf of the Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1) to verify your credit card. Once Boatbound receives confirmation of your booking from the applicable Owner, Boatbound will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Boatbound cannot control any fees that may be charged to a Renter by his or her bank related to Boatbound's collection of the Total Fees, and Boatbound disclaims all liability in this regard.
Payment processing services for users on Boatbound are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to use Boatbound's website or services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Boatbound enabling payment processing services through Stripe, you agree to provide Boatbound accurate and complete information about you and your business, and you authorize Boatbound to share it and transaction information related to your use of the payment processing services provided by Stripe.
Boatbound includes a security deposits in every Listing (“ Security Deposits"). For all Security Deposits included in a Listing for a confirmed booking of Boat, Boatbound will, in its capacity as the payment agent of the Owner, use its commercially reasonable efforts to obtain a pre-authorization of the Renter's credit card in the amount the Owner determines for the Security Deposit within a reasonable time prior to the Renter's check-in at the applicable Owner's Boat. Boatbound will also use its commercially reasonable efforts to address Owners' requests and claims related to Security Deposits, but Boatbound is not responsible for administering or accepting any claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.
In consideration for providing the Services, Boatbound collects service fees from Owners and Renters (“ Service Fees"). Service Fees are made up of two (2) components: (i) Renter Service Fees and (ii) an Owner Service Fee that is charged to the Owner based upon a percentage of the amount of the Boat Fees (“Owner Fees"). Where applicable, Taxes may also be charged in addition to the Owner Fees. Owner Fees are deducted from the Boat Fees before remitting the Boat Fees to the Owner, within 24 hours of when the Renter arrives at the applicable Boat. Renter Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Boatbound to Owners direct deposit or other payment methods described on the Services, in the US dollars. More information on Services Fees can be found at http://www.boatbound.com/fees. Except as otherwise provided herein, Service Fees are non-refundable.
As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Site, you may participate in the “ Referral Program", which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to Boatbound for which a Qualifying Referral (defined below) is completed, you may be able to receive Boatbound Boating Credits (defined below) (each a “Referral Reward"). “Boatbound Boating Credits" are “reward points" that may be applied as credits toward future confirmed bookings made by Members via the Site.
In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “ Qualifying Referral"): (i) you must log in to your Boatbound Account on the Site and select either the “Invite Friends on Facebook" or “Invite Friends on Twitter" link; (ii) you must share the link provided with friends, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends; or by using the other tools provided by Boatbound to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a Boatbound Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of a Boat which is confirmed by the applicable Owner or create a Listing which subsequently receives a confirmed booking via the Services with Total Fees of at least two hundred dollars ($200) that is not subsequently cancelled. Please note that you may not be the Owner or the Renter for the booking to receive a Referral Reward.
Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your Boatbound Account in a reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your user Account page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your Boatbound Account. Referral Rewards accrued in multiple Boatbound Accounts may not be combined into one Boatbound Account. You may not earn Referral Rewards by creating multiple Boatbound Accounts. By acquiring Referral Rewards, you agree and acknowledge that Boatbound is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Boatbound Accounts.
Boatbound Boating Credits may only be redeemed for confirmed bookings via the Site and after you accrue Boatbound Boating Credits, such Boatbound Boating Credits will be automatically applied to your next confirmed booking made via the Site. You may only redeem Boatbound Boating Credits after the Boatbound Boating Credits are reflected in your Boatbound Account. The scope, variety, and type of services and products that you may obtain by redeeming Boatbound Boating Credits can change at any time.
Boatbound Boating Credits expire one (1) year from the date that any Boatbound Boating Credits are last accrued in your Boatbound Account. Boatbound will notify you at the email address you provided during Account registration within thirty (30) days of when the Boatbound Boating Credits in your Boatbound Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of Boatbound Boating Credits, please contact us via a support ticket. Boatbound may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Boatbound's sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Boatbound Booking Credits.
Without limiting any other terms of these Terms and subject to applicable law, all Boatbound Boating Credits are forfeited if your Boatbound Account is terminated or suspended for any reason, in Boatbound's sole discretion, or if Boatbound discontinues providing the Site or the Referral Program.
This incentive program is for a limited time only. The requirements and incentives are subject to change. We reserve the right to suspend your account and remove referrals should we notice any activity we determine as abuse of the referral program.
As a Renter, you are responsible for leaving the Boat in the condition it was in when you arrived. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the Boat. In the event that a Boat Owner claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Boatbound Account. Boatbound also reserves the right to charge the credit card on file in your Boatbound Account, or otherwise collect payment from you and pursue any avenues available to Boatbound in this regard, including using Security Deposits, in situations in which you have been determined, in Boatbound's sole discretion, to have damaged the Boat, including, but not limited to, in relation to any payment requests made by Boat Owner, and in relation to any payments made by Boatbound to Boat Owners. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Boat to the applicable Boat Owner or to Boatbound (if applicable).
Both Renter and Boat Owner agree to cooperate with and assist Boatbound in good faith, and to provide Boatbound with such information and take such actions as may be reasonably requested by Boatbound, in connection with any complaints or claims made by Members relating to Boats or any personal or other property located at a Boat or with respect to any investigation undertaken by Boatbound or a representative of Boatbound regarding use or abuse of the Site, Application or the Services. If you are a Renter, upon Boatbound's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Boat Owner, at no cost to you, which process will be conducted by Boatbound or a third party selected by Boatbound , with respect to losses for which the Boat Owner is requesting payment from Boatbound under these terms.
If, as a Renter, you cancel your requested booking before the requested booking is confirmed by an Owner, Boatbound will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made via the Services, either prior to or after arriving at the Boat, the cancellation policy of the Owner contained in the applicable Listing will apply to such cancellation. Our ability to refund the Boat Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Services.
If an Owner cancels a confirmed booking made via the Services, (i) Boatbound will refund the Total Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the Renter may receive an email or other communication from Boatbound containing alternative Listings and other related information. If the Renter requests a booking from one of the alternative Listings and the Owner associated with such alternative Listing confirms the Renter's requested booking, then the Renter agrees to pay Boatbound the Total Fees relating to the confirmed booking for the Boat in the alternative Listing, in accordance with these Terms. If an Owner canceled a confirmed booking and you, as a Renter, have not received an email or other communication from Boatbound, please contact our support team via a support ticket.
IRS regulation, regarding federal tax reporting requirements, stipulates that Boatbound must collect IRS Form W-9 from all Owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Boatbound cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from an Owner, Boatbound may issue a valid VAT invoice to such Owner.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services and Content. In connection with your use of our Services, you may not and you agree that you will not:
Boatbound will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Boatbound may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Boatbound has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Boatbound reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Boatbound, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
The Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services and Collective Content, including all associated intellectual property rights is the exclusive property of Boatbound and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content.
Subject to your compliance with these Terms, Boatbound grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Boatbound Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Boatbound or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Boatbound a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services or otherwise. Boatbound does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Boatbound the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Boatbound's use of the Member Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Boatbound is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Boatbound of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of Boatbound used herein are trademarks or registered trademarks of Boatbound. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“ Feedback"). You may submit Feedback through our support portal via a support ticket. You acknowledge and agree that all Feedback will be the sole and exclusive property of Boatbound and you hereby irrevocably assign to Boatbound and agree to irrevocably assign to Boatbound all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Boatbound's request and expense, you will execute documents and take such further acts as Boatbound may reasonably request to assist Boatbound to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Boatbound respects copyright law and expects its users to do the same. It is Boatbound's policy to terminate in appropriate circumstances the Boatbound Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Boatbound's Copyright Dispute Policy athttp://boatbound.co/copyright for further information.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your Boatbound Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Boatbound terminates these Terms, or your access to our Services or deactivates or cancels your Boatbound Account you will remain liable for all amounts due hereunder. You may cancel your Boatbound Account at any time by contacting us via a support ticket. Please note that if your Boatbound Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT BOATBOUND DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “ AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BOATBOUND EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BOATBOUND MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY BOATS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BOATBOUND MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, BOATS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BOATBOUND OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT BOATBOUND DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY BOATS. BOATBOUND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY BOATBOUND.
NOTWITHSTANDING BOATBOUND'S APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, BOATBOUND EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY BOATS VIA THE SERVICES, , AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER BOATBOUND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY BOAT VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT BOATBOUND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL BOATBOUND'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY BOAT VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY BOAT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY BOATBOUND TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BOATBOUND AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Boatbound and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking or use of a Boat, (iii) creation of a Listing or (iv) the use, condition or rental of a Boat by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Boat.
By using the Services, you represent and warrant that (i) neither you nor your listed Boat is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “ terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Boatbound does not permit Listings associated with certain countries due to U.S. embargo restrictions.
If you interact with another user of the Services who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Boatbound by contacting us with your police station and report number via a support ticket; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Boatbound and you regarding the Services, Collective Content, and any bookings or Listings of Boats made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Boatbound and you regarding the foregoing.
You may not assign or transfer these Terms, by operation of law or otherwise, without Boatbound's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Boatbound may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Boatbound (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Boatbound agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “ Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND BOATBOUND ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Boatbound otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules") then in effect, except as modified by this “Dispute Resolution" section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Boatbound otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Boatbound submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the “Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Boatbound will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Boatbound will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification" section above, if Boatbound changes this “Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (via a support ticket within 30 days of the date such change became effective, as indicated in the “Last Updated Date" above or in the date of Boatbound's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Boatbound in accordance with the provisions of this “Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Boatbound to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Boatbound. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms of Service, please contact Boatbound Support via a support ticket.