This is the Privacy Notice (the “Privacy Notice”) of GetMyBoat, LLC d/b/a GetMyBoat (“GetMyBoat,” “we,” or “us”), whose corporate headquarters is located at 353 Sacramento St, Ste. 1802, San Francisco, CA 94111. This Privacy Notice sets out how GetMyBoat collects and processes your Personal Data (as defined below) when you access and use the services provided by GetMyBoat (the “Services”), including (but not limited to) the use of our website at www.getmyboat.com (the “Site” or “Website”), and lists certain of your rights in relation to your Personal Data under applicable law.
This Privacy Notice relates to data about you and your interaction with our Services. “Personal Data,” for purposes of this Privacy Notice, means any information relating to an identified or identifiable natural person (each such person, a “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data We Collect
Data You Provide To Us
We collect personal data when you use or interact with our Site and Services, including when you register with us. To create an account with us, you will need to provide personal data including your name, email address, and a password.
Interaction with our Site and Making Purchases
We collect personal data when you use or interact with our Site and Services, including when you browse our products online or make purchases from us. In order to book a trip through GetMyBoat, or to provide a trip as a boat owner and receive payment, you will need to provide payment and billing information.
You have choices about the information you provide for your profile, such as a photo, spoken languages, and a short biography. You don't have to provide additional information on your profile; however, profile information helps you to get more from our Services.
Other than the personal information required to create an account (i.e., your name, email address, phone number and password), it is your choice whether to include additional personal data on your profile. We do not require you to provide Sensitive Personal Data to complete your public profile. We recommend that you exercise care in deciding what information and content you wish to disclose on the areas of our Site that are accessible to the general public. Please do not post or add personal data to your profile that you would not want to be publicly available.
Data From Others
You and others may post content that includes information about you (e.g., as part of reviews of boats or renters) on our Services.
We log usage data when you visit or otherwise use our Services, including our sites and apps, such as when you view or click on content (e.g. boat listings), perform a search, or install or update one of our mobile apps. We use log-ins, cookies, device information and internet protocol ("IP") addresses to identify you and log your use.
Your Device and Location
When you visit our Services, we receive the URL of the site you came from. We also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or your mobile carrier. If you use our Services from a mobile device, that device will send us data about your approximate location based on your phone settings. We will ask you to opt-in (i.e., consent) before we collect your precise location.
Communications Through Our Services and Promotional Materials
We collect personal data when you communicate with us or sign up to receive promotional materials or information, including email address and phone number. In addition, we collect information about you when you send, receive, or engage with messages in connection with our Services. For example, if you get a Booking Inquiry or Offer, we track whether you have acted on it and will send you reminders to take further actions.
We also collect personal data from you when you provide, post or upload it to our Site or via our Services, such as when you submit a form (e.g., a Boat listing) or upload a review photo to our Site.
We may collect information, such as name and email address, from publicly available sources and other third parties, such as marketing data providers, to help us provide and improve the Services and for marketing and advertising. We may combine your personal data with data we obtain from our Services, other users, or third parties to enhance your experience and improve the Services.
Users Under 16 Years of Age
We do not knowingly collect personal data online from individuals under 16 years without parental consent. If you become aware that an individual under 16 years of age has provided us with personal data without parental consent, please contact the data protection officer at firstname.lastname@example.org. If we become aware that an individual under 16 years has provided us with personal data without parental consent, we will take steps to remove the data as permitted by law.
How We Use Your Data
We use your personal data as disclosed in this Privacy Notice. How we use your personal data may depend, in part, on how you use our Services and the choices you make in your settings. We use the data that we have about you to provide, improve, and personalize, including with the help of automated systems and inferences we make, our Services so that they can be more relevant and useful to you and others.
Account Administration and Provision of Services
We use personal data to administer your account, including to verify your identity and to authenticate and authorize access to our Services. For example, we may collect user photographs as an additional security measure for identity verification and fraud-prevention purposes.
Our Services help connect you with potential customers to complete bookings for your boat rental or water experience business that you offer through our Site. To do so, you may choose to publish a listing on our Site with a description of what you offer, and interested customers will send you a booking inquiry via our Site. When customers send you a booking inquiry, you will be able to communicate with each other through custom and automated (triggered by selecting a response action) messages to discuss further details and execute common booking-related actions. Customers can confirm the booking and make a payment through our Site.
We will use data about you and your listing to help others find your listing, and sometimes to promote your listing and our Services. When a customer confirms a booking with you, we will provide your contact information to them to facilitate communication outside our platform as desired or necessary. We will also use your personal data in order to provide payment for a booking for your boat rental or water experience business offering.
Our Services allow you to find and book boat rentals and water experiences. We may use data we have about you and data you provide to show you listings that might match your interests, and we may send details regarding your booking inquiry to listing owners.
When you send a booking inquiry, you and the listing owner will be able to communicate with each other through custom and automated (triggered by selecting a response action) messages to discuss further details and execute common booking-related actions. You can confirm the booking and make a payment through our Site.
When you confirm a booking, we will provide your contact information to the listing owner to facilitate communication outside our platform as desired or necessary.
Communications and Marketing
We may contact you through email, mobile phone, notices posted on our websites or apps, messages to your GetMyBoat inbox, and other ways through our Services, including text messages and push notifications. We will send you messages about the availability of our Services, security, or other service-related issues. We may also send messages about how to use the Services, reminders related to rental or booking inquiries and requests. We may also use your personal information to send you promotional messages from us.
We also enable communications between you and others through our Services, including Booking Inquiries, Offers, and messages.
We may also use personal data to send invitations and communications promoting our Services.
You may change your communication preferences at any time by visiting the account settings section of the Site. Please be advised that you may not be able to opt-out of receiving certain service or transactional messages from us, including security and legal notices, and communications related to the provision of the Services.
Developing Services and Research
We use anonymized data, including public feedback, for analytics purposes and to conduct research and development for the further development and improvement of our Services in order to provide you and others with a better, more intuitive and personalized experience, drive membership growth and engagement on our Services, and help connect Owners and Renters to each other and to economic opportunity.
We use the data (which can include your communications) to investigate, respond to and resolve inquiries, complaints and Service issues.
Crime-Prevention and Legal Purposes
How We Share Information
Public User Profile
The information you provide for your public user profile is fully visible to anybody who visits the Site.
Listings, Wishlists, and Reviews
Our Site allows users to view and share personal data, including through listings, wishlists, and reviews.
- When you create a boat listing, all information you provide in connection with the listing will be publicly viewable, including headline, description, and listing photos.
- When you create a wishlist, unless you make the wishlist private, it will be viewable by any Member or Visitor that has the link to the wishlist.
- When you submit a review (e.g., text and photos) publicly on our Site, it can be viewed by the general public. Members, Visitors and others will be able to find and see your publicly-shared content, including your name (and photo if you have provided one).
We use other third parties to help us provide our Services (e.g., authentication, maintenance, analysis, audit, payments, fraud detection, marketing and development) as permitted by law. Those third parties may have access to your information as reasonably necessary to perform these tasks on our behalf, and they are obligated not to disclose or use your personal data for other purposes.
It is possible that we may need to disclose information about you when required by law, subpoena, or other legal process, or where we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal or wrongful activities or to assist government agencies; (2) enforce our agreements with you or with third parties; (3) investigate and defend our rights and property, including against any third-party claims or allegations; (4) protect the security or integrity of our Services; or (5) exercise or protect the rights and/or safety of GetMyBoat, our Members, personnel, or other third parties.
Change in Control or Sale
Your Rights, Choices & Obligations
Rights to Access and Control Your Personal Data
We provide many choices about the collection, use and sharing of your data, from deleting or correcting data you include in your profile and controlling the visibility of your boats to advertising opt-outs and communication controls.
You have the right in certain circumstances to request confirmation from us as to whether or not we are processing your personal data. For personal data that we have about you:
- Delete Data: You can ask us to erase or delete all or some of your personal data (e.g., if it is no longer necessary to provide Services to you).
- Change or Correct Data: You can edit some of your personal data through your account. You can also ask us to change, update or correct your data in certain cases, for example, if your information inaccurate.
- Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held).
- Right to Access and/or Take Your Data: You can ask us for a copy of your personal data and can ask for a copy of personal data you provided in machine readable form, or to transmit such data to another controller.
You may also exercise your rights by contacting us at the contact information below. As permitted by law, certain data elements may not be subject to access, modification, portability, restriction, and/or deletion. Furthermore, where permissible, we may charge for this service. We will respond to reasonable requests as soon as practicable and as required by law. If you have questions or concerns about these terms, please contact our Data Protection Officer at email@example.com.
We may retain your personal data after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our User Agreement, or fulfill your request to “unsubscribe” from further messages from us, or for other legal purposes. We may retain anonymized information after your account has been closed.
Please note that information you have shared with others (e.g., through posting a review on our Site) may remain visible after you close your account or delete the information from your own profile or mailbox, so we recommend that you exercise care in deciding what information and content you wish to disclose on the areas of our Site that are accessible to the general public. Review content associated with closed accounts will show an unknown user as the source of the review. Your profile may continue to be displayed in the services of others (e.g., search engine results) until those third parties refresh their cache.
Other Important Information
Security and Links to Third-Party Sites
We implement technical and organizational security safeguards designed to protect your personal data, such as HTTPS. We regularly monitor our systems for potential vulnerabilities. However, please be advised that we cannot fully eliminate security risks associated with the storage and transmission of personal data.
Cross-Border Data Transfers
We may process and store your data outside of your country.
We process data both inside and outside of the United States and rely on legally-provided mechanisms to lawfully transfer data across borders as required by applicable law. Countries where we process data may have laws which are different, and potentially not as protective, as the laws of your own country. By using our Services and/or submitting your personal data, you agree to the transfer, storage, and/or processing of your personal data in the United States.
Lawful Bases for Processing
We will only collect and process personal data about you where we have lawful bases. In some cases, we will ask for your consent so that we may process your personal data. However, in certain circumstances, applicable data protection laws allow us to process your personal data without needing to obtain your consent. For example, in certain cases, separate consent is not required, including:
- For the performance of a contract. To perform our contractual obligations to you, including our fulfilling orders or purchases you have made, contacting you in relation to any issues with your order or use of our Services, in relation to the provision of our Services, or where we need to provide your personal data to our service providers related to the provision of the Services, including for account activation and management.
- To comply with legal obligations. To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process.
Legitimate Interests. To operate our business and provide our Services
(other than in performing our contractual obligations to you) for our “legitimate interests”
and for the purposes of applicable law, except where such interests are overridden by the
interests or fundamental rights and freedoms of the data subject which require protection of
personal data. Legitimate interests may include:
- To communicate with you regarding the Services and to address and respond to your requests, inquiries, and complaints.
- For our direct marketing purposes.
- To send you surveys in connection with our Services.
- To assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of third parties.
- For fraud, loss, and other crime prevention purposes.
- To develop, provide, and improve our Services.
- To protect data subjects’ vital interests. To protect the vital interests of you or of another person.
In cases where we are not already authorized to process the personal data under applicable law, we may ask for your consent to process your Personal Data, including:
- Marketing. We may ask for your consent for GetMyBoat LLC., d/b/a GetMyBoat and GetMyBoat.com or our partners or vendors to contact you by telephone, SMS, post and/or email about other offers, products, promotions, developments or Services which we think may be of interest to you and for other marketing purposes.
- Precise Location Data. We may request your consent to collect your precise location. Our Services may require this data to provide the Services. If you choose not to provide this information, certain Services or features may be unavailable or not function properly.
A “cookie” is a small text file that a web server stores in browser software. A browser sends cookies to a server when the browser makes a connection to the server (for example, when requesting a web page from the same domain that created the cookie). The purpose of cookies is to remember the browser over time and distinguish one browser instance (or user) from all others. Some cookies and other technologies may serve to track Personal Data previously entered by a web user on our site. Most browsers allow you to control cookies, including whether or not to accept them, and how to remove them. Cookies can remember login information, preferences, and similar information.
Cookies, as well as other tracking technologies such as HTML5 local storage, and Local Shared Objects (such as “Flash” cookies), and similar mechanisms, may record information such as a unique identifier, information you enter in a form, IP address, and other categories of data.
We also use web beacons or “pixels,” and in certain circumstances may collect IP address, screen resolution and browser software and operating system types; clickstream patterns; dates and times that our site is accessed, and other categories of data.
If you want to block the use and saving of cookies from the Site on to their computers hard drive, you should take the necessary steps within your web browser’s settings to block all cookies from the Site and its external serving vendors. Please note that if you choose to erase or block your cookies, certain parts of our Site may not function correctly. For information on how to disable cookies, refer to your browser’s documentation.
Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time, provided that we are not required by applicable law or professional standards to retain such information. Please note, however, that if you do not provide consent or if you withdraw your consent, we may be unable to provide you certain Services that require the use of personal data.
If you want to stop receiving future marketing messages and materials, you can do so by clicking the “unsubscribe” link included in our email marketing messages or by contacting us at firstname.lastname@example.org.
Where we rely on legitimate interests, you have the right to object. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact our Support Team here .
The opt-outs for interest-based advertising require that strictly necessary cookies are not blocked by the settings in your web browser. We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance in the U.S., the Canadian Digital Advertising Alliance in Canada, and the European Digital Advertising Alliance in the EU. If you live in the United States, Canada, or the European Union, you can visit Ad Choices (US), Your Ad Choices (Canada), or Your Online Choices (EU) to find a convenient place to opt-out of interest-based advertising with participating entities for each region. These websites also provide detailed information about how interest-based advertising works. Opting out does not mean that you will no longer receive advertising from us, or when you use the Internet. It just means that the data collected from our website will not be used for interest-based advertising and that the advertising you see displayed on websites will not be customized to your interests.
Social Network Widgets
Our Site may include social network sharing widgets that may provide information to their associated social networks or third-parties about your interactions with our web pages that you visit, even if you do not click on or otherwise interact with the plug-in or widget. Information is transmitted from your browser and may include an identifier assigned by the social network or third party, information about your browser type, operating system, device type, IP address, and the URL of the web page where widget appears. If you use social network tools or visit social networking sites, you should read their privacy disclosures, to learn what information they collect, use, and share.
Third-Party Direct Marketing
We do not share personal data with third parties for their direct marketing purposes.
Contact Information for Questions or Complaints
If you have questions or complaints regarding this Policy, please contact GetMyBoat online . You can also reach us by phone (818-927-2148) email ( email@example.com ) and physical mail (353 Sacramento St, Ste. 1802, San Francisco, CA 94111).
You can also contact our Data Protection Officer on firstname.lastname@example.org. You may also have a right to lodge a complaint with a supervisory authority.
Your Relationship with GetMyBoat
You accept the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you by GetMyBoat in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), you understand and agree that GetMyBoat treats your use of the Services as acceptance of the Terms from that point onward.
GetMyBoat reserves the right, at its discretion, to change, modify, add or remove any of the Terms, in whole or in part, at any time. Please check this Website and the Terms periodically for changes. Your use of the Services after such modified Terms are posted will mean that you accept such Terms.
GETMYBOAT IS A VENUE AND IS NOT A PARTY TO ANY RENTAL AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE WEBSITE.
GetMyBoat is Only a Venue. GetMyBoat acts as a venue for users of the Website as renters ("Renters") and boat owners ("Members") (Members and Renters, each a "User" and together, "Users") to view and post available boats to facilitate the rental of such boats. GetMyBoat is not a party to any actual agreement or transaction between Renters and Members even though we may from time to time provide tools that relate to a booking, such as a tool to enable a Renter to enter into a transaction to rent a specific boat directly from a Member and payment services to facilitate the booking. As a result, GetMyBoat has no control over the accuracy or correctness of the content or information provided or used by such Renters and Members. Any part of an actual or potential transaction between a Renter and a Member, including the condition, quality, safety or legality of the boats advertised, the truth or accuracy of the listings (including the content thereof or any review related thereto), the ability of Members to rent a boat to a Renter, or the ability of Renters to pay for or operate boat rentals are solely the responsibility of each User. Member acknowledges and agrees that Member is solely responsible for the compliance and safety of the Renter(s) who rent Member’s boat(s).
You acknowledge and agree to take all reasonable precautions in ensuring the accuracy and reliability of any User generated content. We are also not responsible for the condition of any boats listed on the Website or the compliance with laws, rules or regulations that may be applicable to boat operation, maintenance, rental or charter in any jurisdiction. As between GetMyBoat and Members, Member acknowledges and agrees that Member is solely responsible for ensuring compliance with laws, rules or regulations that may be applicable to boat operation, maintenance, rental or charter in the jurisdiction in which Member operates or is otherwise located. Renters should satisfy themselves that any boat rented complies with any legal or safety requirements for such rental, and Renters and Members have exclusive responsibility for such compliance.
Separate Agreements. Users acknowledge and agree that you will be required to enter into a separate agreement and/or waiver, directly between the Renter and Member, prior to making a booking or purchasing a product or service and such agreement and/or waiver may place additional restrictions on your booking, product, or service. Any separate agreements and/or waivers relating to the rental of a boat or related products or services are under the sole control of any Member or provider and Renter.
Release and Indemnity. IN THE EVENT OF A DISPUTE BETWEEN A RENTER AND A MEMBER, MEMBER AND RENTER, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS GETMYBOAT AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “GETMYBOAT PARTIES”) FROM ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), FINES, PENALTIES AND OTHER COSTS OR EXPENSES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, THE “CLAIMS”), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OVER BREACH OF THIS AGREEMENT, BREACH OF ANY SEPARATE AGREEMENT OR TRANSACTION, AND/OR THE SUBSTITUTION OF RENTAL UNITS. FURTHER, MEMBER AND RENTER EACH HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE GETMYBOAT PARTIES FROM ANY CLAIMS BROUGHT AS A RESULT OF MEMBER AND/OR RENTER’S (1) BREACH OF THE TERMS, (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND (3) USE OF THIS WEBSITE AND THE SERVICES.
Insurance. GetMyBoat is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Website, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link. Insurance coverage may be provided through a third-party independent insurance producer not affiliated with GetMyBoat. GetMyBoat does not act as a broker, agent or consultant in the sale of insurance, is not endorsing or recommending any particular insurer or terms of coverage, and is merely providing a link for you, if you wish, to transact a contract for insurance with a third-party provider. Any contract for insurance is solely between you, as the insured, and such insurer as you and the third-party insurance provider agree shall act as the insurer. GetMyBoat has no control over and makes no representations regarding the coverage of any insurance you may purchase from a third-party insurance provider. You acknowledge and agree that GetMyBoat assumes no responsibility or liability for any claims or disputes arising from, or related to, a contract for insurance facilitated through such link. You also acknowledge and agree that GetMyBoat shall not be included as a party to any such claims or disputes.
Your Use of Services
Conditions of Use. As a condition of your use of the Services, you expressly represent and warrant that (i) if you will be operating a boat, you are responsible for ensuring that you are sufficiency skilled in the operation of the boat and legally authorized to operate a boat in the state in which you are renting and you will not allow any other occupants of the boat to operate the boat unless they are each of sufficient skill and legally authorized to operate a boat in the state in which you are renting; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with the Terms; (iv) you will only use this Website to post or view, as applicable, available boat rentals or transact legitimate boat rentals for you or for another person for whom you are legally authorized to act with other Users; (v) you will inform such other persons about the terms and conditions that apply to the boat rental you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto; (vi) if you are booking a rental on behalf of another person, you are individually responsible for ensuring that such other person is a party to the separate agreement for the rental of the boat; (vii) all information supplied by you to GetMyBoat is true, accurate, current and complete, (viii) if you have a GetMyBoat account, you will safeguard your account information, (ix) you are and will remain in compliance with all applicable laws, rules and regulations related to boat operation, maintenance, rental or charter, and (x) if you are listing a boat for rental, you are either (a) the owner of the boat, or (b) a representative authorized to act on behalf of the owner of the boat. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services. Without limiting the foregoing, the Services are not available to children (persons under the age of 18). By using the Services, you represent and warrant that you are at least 18 years old. GetMyBoat retains the right at its sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of the Terms.
You agree that you will only use the Services for lawful purposes.
Please keep in mind that we will treat anyone who uses your user name and password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of the person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password or otherwise obtaining access to the Services in this or any other inappropriate manner.
Establishing Payment Account. As a Renter, you are responsible for opening an account, providing payment authorizations for bookings and paying for Services according to these Terms, as well as others which may be included at the time of booking. You agree to provide all requested information, including a credit card to be used for pre-authorization/reserve and payment/capture for Services. Payment for a booking will be made by GetMyBoat directly to the Member who posted the listing.
Deposits. Renters are responsible for leaving the rented boat in the same condition it was in before you rented it. Renters acknowledge and agree that you are responsible for all acts and omissions of you and your guests on the boat that effect the condition of the boat. In the event a Member claims and provides evidence of damage to the boat, you agree that GetMyBoat shall be entitled to charge a deposit to your credit card to cover the cost of the damage, as established after reasonable investigation. We will notify you of any damage claim made by a Member related to your rental and you will have an opportunity to respond, as set forth in such notice. We will only charge a deposit to Renter's credit card after the rental is complete if the Member has made a claim and the deposit amount has been deemed appropriate after investigation of the claim.
Service Charge. We charge a service fee of 7% of the total rental (i.e., the booking and any additional expenses) for facilitating the rental and this amount will be reflected in the final amount charged to Renter's credit card. We reserve the right to round up amounts to the nearest whole dollar (for example, $202.60 will be rounded to $203). We will process any necessary currency conversion (GetMyBoat charges in US dollars unless otherwise specified) based upon Renter's currency on the day the credit card is charged and we will charge a conversion fee of 3% of the total rental for currency conversions. We reserve the right to adjust the conversion rate based upon when the payout is made to the Member. The service fee and any conversion fee constitute "Transaction Fees." GetMyBoat reserves the right to adjust its Transaction Fees at any time. Any Fee changes will be effective the next time you book a rental after such fee change goes into effect (i.e., rentals already booked will be subject to Fees as established at the time of booking).
Payments to Members. Payment to Members for accepted bookings will be made net 30 days from the date of the completed reservation. Notwithstanding, in limited circumstances, on a case-by-case basis, in its sole discretion, GetMyBoat may elect to pay a Member a portion of the accepted booking after the reservation is made and the remaining portion of the accepted booking net 30 days from the date of the completed (fully paid) reservation. If, after Member has been paid any portion of the accepted booking by GetMyBoat, an accepted booking is canceled or terminated for any reason by either Member or Renter before the reservation is completed, Member shall return to GetMyBoat all sums advanced by GetMyBoat for such reservation immediately (within five (5) days) upon receiving written demand for same. Member further agrees that GetMyBoat is not liable for any damages Member may incur as a result of such cancellation and/or having to return such funds. If Member fails to timely refund said sums, GetMyBoat shall also be entitled to interest on said sums at the rate of 18% per annum, or the highest rate allowed by law, whichever is lower, and all of GetMyBoat’s attorneys’ fees and costs of court.
If a Member does not respond to a booking inquiry, GetMyBoat reserves the right to transfer the booking and associated payment to another Member on Renter’s behalf. GetMyBoat reserves the right to hold payment to Members if GetMyBoat suspects there has been fraud or other suspicious activity in connection with the rental or payment. Unacceptable payment methods that may be posted on the Website may result in the immediate removal of the non-conforming listing from the Website without notice to the Member and without refund. Unacceptable payment methods are those methods that may pose a risk of fraud, identify theft, or breach of privacy.
Substitution of Rental Units. Renter understands and acknowledges that boats/other water craft reserved may, from time to time, be subsequently damaged or otherwise become in need of repair before the reservation is commenced. If a Member is unable to provide the reserved unit to Renter due to it being unavailable, Member may provide Renter with a substitute unit that is similar in age, size, model, and value as the reserved boat/other water craft. Member shall provide Renter with notice of the need for a substitution of unit(s) as soon as reasonably possible, as well as provide Renter with pictures and a description of the substitute unit upon request. If Member is unable to provide Renter with a similar substitute unit (as described herein), Renter may elect to cancel the reservation any time before it is commenced and, as its sole remedy, obtain a refund in accordance with the Refund Policy as if the Member had cancelled the reservation. Renter shall not be entitled to any refund, and shall be obligated to pay all sums owed, if Member offers Renter a similar unit (as described herein) and Renter nevertheless refuses to complete and/or terminates the reservation. If there is a dispute between Renter and Member as to whether the substitute unit offered by Member is sufficiently similar to the unit reserved by Renter, GetMyBoat shall make the final determination, in its sole discretion, and Renter and Member agree to abide by GetMyBoat’s determination.
ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN RENTERS AND MEMBERS OTHER THAN PAYMENT THROUGH GETMYBOAT IS A VIOLATION OF THESE TERMS.
Taxes. The rental/booking fee and any additional expenses may be subject to applicable local, federal and state taxes. The Member accepting the booking is solely responsible for the collection, reporting, and payment of applicable taxes. GetMyBoat may charge applicable taxes to Renter's credit card solely at the direction of the Member. Members are solely responsible for determining applicable taxes and should consult with your own legal/tax adviser about any tax questions in this regard. For Members based in the European Union, it is your responsibility to include VAT in the price of the booking and you will be responsible for reporting VAT. If you are not registered for VAT purposes or if you do not provide/validate your VAT number, GetMyBoat will withhold VAT from your payment.
Cancellation and Refund Policy. If Member cancels an accepted rental before the rental is commenced, Renter shall be refunded all sums paid to GetMyBoat for the rental, other than the Transaction Fee.
If Renter cancels an accepted rental before the rental is commenced, GetMyBoat shall return to Renter a “Cancellation Refund,” as specified below.. The Transaction Fee will not be refunded to Renter under any circumstances. The amount of the Cancellation Refund is determined by the Member’s cancellation policy set-forth in the Renter’s separate rental agreement with the Member, which shall be one of the following three policies, as chosen by the Member:Flexible
- 100% of the rental price if cancelled more than 24 hours prior to commencement of the rental; and
- 50% of the rental price if cancelled within 24 hours of commencement of the rental.
- 100% of the rental price if cancelled more than 7 days prior to commencement of the rental;
- 75% of the rental price if cancelled less than 7 days but more than 48 hours prior to commencement of the rental; and
- 50% of the rental price if cancelled less than 48 hours but more 24 hours prior to commencement of the rental.
- 75% of the rental price if cancelled more than 7 days prior to commencement of the rental;
- 50% of the rental price if cancelled less than 7 days but more than 48 hours prior to commencement of the rental; and
- 25% of the rental price if cancelled less than 48 hours but more 24 hours prior to commencement of the rental.
If, for any reason, the Renter’s separate rental agreement with the Member (a) does not contain a cancellation policy or (b) the cancellation policy therein differs from the foregoing cancellation policy options, then the amount of the Cancellation Refund will be determined in accordance with the “Strict” cancellation policy set-forth above. Renters are further subject to any additional cancellation terms set forth in the terms of each listing. To the extent the cancellation terms of a particular listing conflicts with the cancellation terms set forth herein, the cancellation terms set forth herein control.
If GetMyBoat issues a Cancellation Refund to Renter that is less than 100% of the rental price, Members will be credited with the non-refunded portion of such rental price on the Member’s next rental that is successfully completed through GetMyBoat.
Transaction Fees will never be refunded. GetMyBoat will charge a fee for any reservation that is cancelled after both parties have agreed on a booking. The following is a breakdown of cancellation fees based on the total price of rental:
Under $100: Fee is $5
Over $100 but below $250: Fee is $20
Over $250: Fee is $50
The Member will be debited the cancellation fees on the next rental that is successfully completed through GetMyBoat. Renters are subject to the cancellation terms set forth in the terms of each listing. Additionally, if a Member cancels a rental for any reason other than weather or another circumstance effecting the safety of the Renter, such Member (rather than the Renter) will be charged the Transaction Fee for the rental, as set forth above.
Member understands and acknowledges that GetMyBoat acts merely as a conduit for reservations and payments between Renters and Members, and Member assumes all rental payment risk. IF A RENTER OBTAINS A CREDIT CARD CHARGEBACK AGAINST GETMYBOAT, FOR ANY REASON, AND GETMYBOAT HAS ALREADY PAID ALL OR A PORTION OF SUCH AMOUNT TO MEMBER, THEN MEMBER SHALL IMMEDIATELY (WITHIN FIVE (5) DAYS UPON RECEIVING WRITTEN DEMAND FOR SAME) RETURN TO GETMYBOAT ALL SUCH AMOUNTS.
Use of Website. The content and information on GetMyBoat's Website (this "Website") (including, but not limited to, price and availability of boats listed in any inventory database), as well as the infrastructure used to provide such content and information, is proprietary to GetMyBoat, its licensors, its suppliers and providers. While you may make limited copies of your booking documents (and related documents) for boat rentals booked through this Website, you agree not to and you have no right to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, content, products, or services obtained from or through this Website. Additionally, you agree not to:
- use this Website or its contents for any commercial purpose without our express written permission;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Services or the data contained therein;
- attempt to gain unauthorized access to the Services or its related systems or networks;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in GetMyBoat's discretion, an unreasonable or disproportionately large load on GetMyBoat's infrastructure;
- deep-link to any portion of this Website (including, without limitation, the purchase path for any boat rental reservation) for any purpose without our express written permission; or
- "frame", "mirror" or otherwise incorporate any part of this Website into any other Website without our prior written authorization.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GETMYBOAT AND OTHER PARTIES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against GetMyBoat and any other related party on an individual basis in arbitration, as set forth below. This will preclude you from bringing any class, collective, or representative action against GetMyBoat, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against GetMyBoat by someone else.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing email@example.com and saying “I opt out of arbitration” in the email within 30 days of first registering your account.
You and GetMyBoat agree that any dispute, claim or controversy arising out of or relating to this agreement whether between you and GetMyBoat or between you and other Users, or the existence, breach, termination, enforcement, interpretation or validity thereof, (including the validity of this arbitration clause) shall be settled by binding arbitration administered by FairClaims (www.FairClaims.com) and not in a court of law, in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
You consent to electronic service of process, with service to be made to the email address we have on record for your account.
You acknowledge and agree that you and GetMyBoat 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. Unless both you and GetMyBoat otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and GetMyBoat each 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.
You agree that any and all communications and evidence related to any dispute ultimately resolved by arbitration or mediation with FairClaims arising out of or relating to this agreement shall be held and will remain confidential, and that you will not take any action that will harm the reputation of any of the other parties to the arbitration or mediation or GetMyBoat or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, GetMyBoat or other entities involved in or incidental to the arbitration or mediation. You understand that those parties and entities include but are not limited to the claimant, respondent, witnesses, and GetMyBoat.
You agree that, in the event of confirmation and enforcement, the delinquent party to the arbitration will be responsible for any attorney, court or other fees associated with such action.
Notwithstanding any choice of law or other provision in this agreement parties agree and acknowledge that this arbitration clause evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and FairClaims Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and FairClaims Rules are found to not apply to any issue that arises under this arbitration clause or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each Renter or Member's purported identity. Notwithstanding the foregoing, you agree that you will provide us or the Member with whom you book a rental whatever proof of identity we may reasonably request.
You agree to (i) keep your password and online ID for both your GetMyBoat account and your email account secure and strictly confidential, (ii) notify us immediately and select a new online ID and password if you believe your password for either your GetMyBoat account or your email account may have become known to an unauthorized person, and (iii) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your GetMyBoat account and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your GetMyBoat account or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
Exclusion of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND AND GETMYBOAT ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER GETMYBOAT NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY.
GETMYBOAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO RENTERS OR MEMBERS THAT:
- THE INFORMATION PROVIDED BY RENTERS OR MEMBERS IS TRUE OR CORRECT,
- BOAT RENTALS WILL BE AVAILABLE AT ADVERTISED DATES, TIMES, LOCATIONS, AND/OR PRICES, INCLUDING PURSUANT TO A CONFIRMED OR PURCHASED RESERVATION,
- BOATS WILL BE COMPLIANT WITH ANY LEGAL OR SAFETY REQUIREMENTS,
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
Limitation of Liability
IN NO EVENT WILL GETMYBOAT ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO RENTERS, MEMBERS, OR ANY PARTY FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE, DAMAGES ARISING OUT OF THE USE, AVAILABILITY OR UNAVAILABILITY OF THE SERVICES (INCLUDING BUT NOT LIMITED TO THE UNAVAILABILITY OR CHANGE IN ADVERTISED AND/OR PURCHASED BOAT RENTALS) OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF GETMYBOAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- ANY CHANGES WHICH GETMYBOAT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- YOUR FAILURE TO PROVIDE GETMYBOAT WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
- ANY BODILY INJURY, DEATH, OR PROPERTY DAMAGE THAT MAY OCCUR AS THE RESULT OF A BOATING RELATED ACCIDENT, THE RESERVATION FOR WHICH WAS FACILITATED USING GETMYBOAT'S SERVICES. YOU AGREE THAT GETMYBOAT IS NOT A PARTY TO ANY CONTRACT OR AGREEMENT FOR BOAT RENTALS AND IS IN NO WAY RESPONSIBLE FOR INJURIES TO PERSONS OR DAMAGE TO PROPERTY WHICH MAY OCCUR DURING OR RELATED TO A BOAT RENTAL WHETHER AS A RESULT OF THE NEGLIGENCE OF ANY RENTER, BOAT OPERATOR, OR MEMBER, OR THE SAFETY OF ANY BOAT OR FOR ANY OTHER REASON. YOU ACKNOWLEDGE AND AGREE THAT GETMYBOAT SHALL HAVE NO LIABILITY RELATED TO YOUR BOOKING AND RENTAL OF A BOAT, AND ANY SUCH BOOKING AND/OR RENTAL IS MADE AT THE RENTER’S AND MEMBER’S SOLE RISK.
Notwithstanding the Terms, if GetMyBoat is held liable, GetMyBoat's entire aggregate liability under or arising out of these Terms or the Services shall be limited to the greater of (a) the service fees you paid to GetMyBoat in connection with your use of this Website (if any), or (b) One-Hundred Dollars (US$100.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so in these jurisdictions the above limitations or exclusions may not apply.
Release and Indemnification
IN THE EVENT OF A DISPUTE BETWEEN A RENTER AND A MEMBER, MEMBER AND RENTER, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS GETMYBOAT AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “GETMYBOAT PARTIES”) FROM ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), FINES, PENALTIES AND OTHER COSTS OR EXPENSES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, THE “CLAIMS”), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OVER BREACH OF THIS AGREEMENT, BREACH OF ANY SEPARATE AGREEMENT OR TRANSACTION, AND/OR THE SUBSTITUTION OF RENTAL UNITS. FURTHER, MEMBER AND RENTER EACH HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE GETMYBOAT PARTIES FROM ANY CLAIMS BROUGHT AS A RESULT OF MEMBER AND/OR RENTER’S (1) BREACH OF THE TERMS, (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND (3) USE OF THIS WEBSITE AND THE SERVICES.
The Services contain proprietary materials such as logos, text, software, photos, video, graphics, music and sound. GetMyBoat is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks. In using the Services, you agree not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining GetMyBoat's prior consent, except you may make limited copies of your booking documents (and related documents) for boat rentals booked through this Website.
Unsolicited Ideas and Feedback
From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works ("submissions") in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions.
If you provide any submissions to us, you agree that: (1) we may use or redistribute any such submission and its contents for any purpose and in any way without any compensation to you; (2) there is no obligation for us to review any submission; and (3) there is no obligation to keep any submission confidential.
No Spam, Spyware, or Spoofing
We and our Users do not tolerate spam. You may not use the Site to send spam or otherwise send content that would violate the Terms.
Links to Third-Party Websites
The Services may contain links to other websites operated by parties other than GetMyBoat ("Third-Party Websites"). GetMyBoat's links to such other Third-Party Websites is for informational purposes only and does not imply any endorsement of the products, services or material on such Third-Party Websites or any association with their sponsors or operators. You access any Third-Party Websites at your own risk. We are not responsible in any way for such Third-Party Websites or resources. We will not have any liability as a result of your use of such Third-Party Websites and resources, and your use of such sites and resources will not be governed by these Terms.
General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.
Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Assignment. This Agreement, the Terms, the Services and any modifications thereto may not be assigned or in any way transferred by you without the prior written consent of GetMyBoat. GetMyBoat may assign this Agreement, the Terms, and any information you provide without your consent, including, without limitation, in connection with a sale of its business, assets, a merger or other similar transaction.
Governing Law. The terms of this Agreement shall be construed in accordance with the substantive laws of the State of California, United States of America, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.
Choice of Forum and Venue. You hereby consent to the exclusive jurisdiction and venue of courts in San Francisco County of California, U.S.A., in all disputes arising out of the Terms or relating to the use of the Service.
No Responsibility for Acts of God. GetMyBoat shall not be liable for any delay or failure to perform in connection with any booking, Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of the boat under legal process, adverse weather conditions, inability to obtain fuel, boat damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or docking approvals, clearances or permits by governmental authority, or any other cause which is beyond the control of GetMyBoat. GetMyBoat is hereby released by a User from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.
Severability. If any provision of the Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision.
Waiver. No waiver of any of the Terms shall be deemed a waiver of any other such Terms set forth herein.
Entire Agreement. The Terms constitute the entire agreement between you and GetMyBoat with respect to the subject matter covered herein, including use of the Services and any subject matter therein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
Termination. GetMyBoat may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User's use of all or any portion of the Services if you breach the Terms, or at any time or for any reason, at the sole discretion of GetMyBoat.
Non-Endorsement. GetMyBoat does not recommend one Member over another and does not provide advice to users regarding which Member to select for the rentals. All comments or reviews posted by GetMyBoat users, Renters, or Members on our Website do not represent the views of GetMyBoat in any way and are not endorsed by GetMyBoat absent a specific written statement to the contrary.
No Relationship. You agree that no joint venture, partnership, agency or employment relationship exists between you and GetMyBoat as a result of this Agreement or use of this Website.
Notice of Claim. You agree that all disputes arising out of the Terms or the use of GetMyBoat's Services shall be communicated to GetMyBoat in writing within thirty (30) days from the date of the incident causally related to the dispute. You hereby waive your right to any claim against GetMyBoat not communicated as provided by this Section.
Any rights not expressly granted herein are reserved by GetMyBoat.
Member Interface Agreement
Member Relationship with GetMyBoat. This Agreement sets forth the Terms and Conditions of Member's use of GetMyBoat's products, software, services and web Website(s) (collectively "Services"). GetMyBoat means GetMyBoat LLC, d/b/a GetMyBoat and GetMyBoat.com. (GetMyBoat and Member are referred to herein each as a "Party," and collectively as the "Parties.") If Member does not agree to all of the Terms, Member must not use GetMyBoat's Services. GetMyBoat reserves the right to deny use of its Services to anyone at any time for any reason. Failure to comply with the Terms may result in denial of access to GetMyBoat's Services and cancellation of Member's GetMyBoat account.
"Customer", "Renter", or "User" mean a person or organization that purchases Rentals from Member with the assistance of GetMyBoat's Services.
"GetMyBoat Website", or "Website" mean the World Wide Web Website owned by GetMyBoat and which has the URL www.GetMyBoat.com and any and all other web Websites owned or operated by GetMyBoat over which GetMyBoat offers online advertisement services.
"Member", or "you" mean any registered user of GetMyBoat's Services that uploads boat rental solicitations and any related information to GetMyBoat's Web Website for the purposes of holding out and offering boat rentals or boat rental services through the GetMyBoat Website. Members include any party involved in offering or providing boat rentals to GetMyBoat Users.
Acceptance. Use of GetMyBoat Services constitutes acceptance of this Agreement. Member accepts the Terms and Conditions of this Agreement by: (i) clicking to accept or agree to the Terms and Conditions, where this option is made available by GetMyBoat in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), Member understands and agrees that its use of the Services constitutes and denotes acceptance of this Agreement, including all of its Terms and Conditions, from that time onward.
Website Uptime and Display of Member-Generated Content.
Uptime. GetMyBoat will use commercially reasonable efforts to ensure that interfaces to Member and User access to GetMyBoat Services are available without interruption, except for any scheduled down time needed to maintain the effective operation of the GetMyBoat Website and when service interruptions are caused by conditions outside of GetMyBoat's control. GetMyBoat in no way guarantees that Services will be available without interruption.
Member-Generated Content. You understand that all messages, text, postings, files, photos, images or other materials (the "Content") you post on, transmit through, or link from the Website, are your sole responsibility. You agree that GetMyBoat is only acting as a passive conduit for your online distribution and publication of your Content. More specifically, you are entirely responsible for each individual item of the Content that you make available via the Website. GetMyBoat makes no representation or warranty as to the authenticity, accuracy or completeness of the information contained on the Website. In submitting Content, you represent and warrant that you have sufficient authority and rights to post such Content, and to grant GetMyBoat the rights to use such Content in connection with providing the services.
GetMyBoat is not responsible for any inaccuracy or incompleteness in the information provided by Member. It is the Member's obligation to ensure the accuracy of all listing Content (accuracy of boat description, seaworthiness of boat, qualifications of captain, legal requirements, identification requirements for renters, insurance, etc.). If Member discovers that listing details are inaccurate or incorrect, it is the Member's sole responsibility to correct the information in the Member account interface or contact a GetMyBoat representative to resolve any such error.
We may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you or giving notice to you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
Posting any Content that GetMyBoat deems threatening, defamatory, infringing, unlawful, abusive, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, profane, libelous, harassing, or otherwise objectionable is prohibited. You also agree to not post Content that violates any third-party rights, including any Intellectual Property Rights, rights of publicity and privacy. GetMyBoat reserves the right to remove Content at its sole discretion.
License. You retain all your rights in your Content. By posting such Content you grant GetMyBoat an irrevocable, sub-licensable, transferable, perpetual, non-exclusive, royalty-free, worldwide license to use, duplicate, modify, publish, list information regarding, alter, translate, distribute, publicly perform, publicly display, and make derivative works of, all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology now known or developed in the future for use in GetMyBoat's (and its successors' and affiliates') business. You also hereby grant each User of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the use of GetMyBoat's Service.
Photographs. If you choose to use the GetMyBoat's photography service, you agree that GetMyBoat will own all right, title and interest in and to the copyright rights in the resulting images.
Registration. Prior to using Services, Member is required to register on the GetMyBoat Website, and perform all actions necessary to comply with the GetMyBoat Website registration requirements and the Terms.
Responsibility for applicable laws, rules and regulations. Members agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Website, their use of any tool, service or product offered on the Website, and any transaction they enter into in connection with their use of the Website.
Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of boats, the conduct of their rental business, and the operation of any boat advertised on the Website, including but not limited to taxes, permit or license requirements, inspection and safety compliance, and verification of Renter identification and travel documentation, as applicable.
It is the Member's responsibility to:
- fully vet, train, and make Renters aware of safety features, and ensure there is insurance coverage for each rental.
- when acting as a captained charter, Members must ensure they meet all local regulations and licensing to act as a captained charter.
User-Member Communications. You agree that, with respect to other Members' or Users' personal information that you obtain directly or indirectly from or through the Website or through any Website-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Website-related communications that are not unsolicited commercial messages, (b) using services offered through the Website, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other Member or User related to the purpose of the Website (such as inquiring about or booking an on-line rental and transacting payment). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give Users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another Member or User to any third party without both our consent and the consent of the Member or User. You agree that other Members or Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect Members' or Users' personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
No Spam. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Member or User, even a User who has rented a boat from you, to your mailing list (e-mail or physical mail) without the Member's or User's express consent. You may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Website or through any tool or service provided on the Website and for your use of any personal information of Users you obtain through the Website or otherwise in connection with your participation in the Services.
Content and Layout
All Content and copy edits submitted by Members are subject to review and approval at GetMyBoat's sole discretion. We reserve the right to refuse to publish any Content that we determine, in our sole discretion, does not comply with the Terms or is otherwise unacceptable to us. However, we assume no duty to review Content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, Content and/or photographs or any change made to any Content, photograph or copy submitted by any member. All Content must meet these Terms. We reserve the right to edit Content submitted to the Website in a non-substantive manner solely to cause the Content to comply with our Content guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any Content displayed on the Website appears as the Member intended.
Member (the "Indemnifying Party") will defend and indemnify GetMyBoat (the "Indemnified Party") against any and all claims, losses, costs and expenses, including reasonable attorneys' fees, that the Indemnified Party may incur as a result of claims in any form by third parties arising from: (a) the Indemnifying Party's intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements); (b) the Indemnifying Party's breach of any representation, warranty or covenant set forth herein; (c) the infringement of any third party's intellectual property by any trademarks or other intellectual property provided by the Indemnifying Party to the Indemnified Party; and (d) the Indemnifying Party's failure to collect all taxes, fees and charges that may be applicable to the boat rental services being offered for sale by the Indemnifying Party.