Terms and Conditions
TERMS AND CONDITIONS OF USE
Last Updated: February 29th, 2016
Welcome to Boat.me (the "Site")! By using this Site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully! IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE PROHIBITED FROM USING THIS SITE AND SHOULD EXIT IMMEDIATELY. Terms such as "we", "us", "our", the "Company" and similar terms mean Boat.me and its affiliates.
- "Boat" or "Boats" mean marine vessels posted by Owners on the Site and available for bookings by Renters.
- "Boat.me Content" means all Content that we make available through the Site, including any Content licensed from a third party, but excluding Boat Owner Content.
- "Booking Request Period" means the time period starting from the time when a booking is requested by a Renter, within which an Owner may decide whether to confirm or reject that booking request, as stated on the Site.
- "Collective Content" means Boat.me Content and Owner Content.
- "Content" means text, graphics, images, music, software (excluding the application), audio, video, information or other materials.
- "Member" means a Renter or an Owner that is registered on our Site.
- "Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, through the Site.
- "Owner" means a Member who creates a listing for their boat on our Site.
- "Renter" means a Member who requests from an Owner to book his/her/its Boat through our Site.
- "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
- "Terms" means these terms and conditions of use.
By using or accessing our Site, you agree to comply with and be legally bound by these terms and conditions of use ("Terms"), whether or not you become a registered user of our services. These Terms govern your access to and use of our Site and services as well as the content posted by us, you and others on this Site. These Terms constitute a binding legal agreement between you and Boat.me. If you disagree with these Terms, you should not use our Site or services. We may modify these Terms at any time without prior notice to you or other users. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
From time to time, we may revise these Terms. We reserve the right to do so, and you specifically agree that we have this unilateral right. You agree that all modifications or changes to these Terms are in force immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. If we change anything in these Terms, we will change the "Last Updated " at the top of these Terms. You agree to periodically re-visit this web page, and to use the "Refresh " button on your browser when doing so. Upon each visit, you agree to note the date of the last revision to these Terms. If the "Last Updated " remains unchanged from the last time you reviewed these Terms, then you may presume that nothing in these Terms has been changed since the last time you read it. If the "Last Updated " date has changed, then you can be certain that something in these Terms has been changed, and you agree that you will re-review these Terms in their entirety and that you will agree to the revised Terms or immediately cease use of the Site and our Services. Your continued use of the Site or Services after any such revision shall be deemed to be your acceptance of all revisions. If you fail to re-review these Terms as required to determine if any of the terms have changed, you assume all responsibility for such omissions, and you agree that such failure amounts to your affirmative waiver of your right to review the amended Terms. We are not responsible for your neglect of your legal rights.
The Site and our Services are intended for persons over eighteen (18) years old. If you are under the age of eighteen (18) you are not to use our Services. Misrepresentation of your age to gain access to the Services is considered a breach of these Terms. If you are parent or guardian and become aware that your child under the age of eighteen (18) has provided us with personal information without your consent, contact us immediately so we may be delete such information from our files.
Renters must confirm that they have the necessary and required boating skills and if requested by Owner, proper and valid license and/or certification, before they send a booking request to the Owner. The following hyperlink: www.boat-ed.com/florida/boating_law.html lists the requirements to drive various types of boats.
When you create an account on the Site, we ask you for personally identifiable information. Some of it is required, such as name, address, date of birth, email address and some of it is optional. Our primary goal in collecting personal information is to improve our Site and services.
We collect Personal Information in connection with your registration to join the Service. You can register to join via the Site or Application by completing the required forms. We may use your personal information to contact you regarding our Site and Services. If you no long wish to receive our notifications, you can always unsubscribe.
When you visit the Site, our computer servers automatically record information sent by your browser, including your computer's Internet Protocol ("IP") address, time, date, pages visited, etc. We use this information monitor and update our Site to make it more user-friendly.
We also collect "cookies" which are small data files that we transfer to your computer's hard disk for record-keeping purposes. Cookies are used to save your login information for when your login in the future and to help us understand how you interact with the Site and our Site's web traffic. You can delete cookies and/or change the settings on your computer to stop accepting cookies. However, by not accepting cookies, you may not be able to access certain parts of the Site.
We take identity theft ("phishing") very seriously and safeguarding your information is of the upmost importance to us! We will never ask you for your Boat.me account login or password in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.
Information Sharing and Disclosure
When you create an account on the Site, a profile page will be set up for you, which will display your profile name and photo(s) and other information. Any information you choose to provide to be on your profile, will be viewable by other visitors to the Site and should be limited to the information you want others to see. Please be careful about the information you make available to other viewers and do not disclose any sensitive information you do not want others to see either with or without your permission or notification. Users and consequently should reflect how much you want other viewers to know about you.
If you post a Boat for rent, it will be listed publicly through the Site and may also be published third parties through their websites.
If you want to book a Boat through our Site, we will request certain information about you with the Owner of that Boat, including your full name, profile page, boating history, reviews and other information, to enable the Owner to decide to reject or accept your booking request. When an Owner confirms your booking, we will provide you with certain information about the Owner. In no event, do we share a Renter's billing information.
Compliance with Laws and Law Enforcement
We reserve the unilateral right to disclose any information about you to any government or law enforcement officials as we believe necessary or appropriate to comply with the law or protect our or a third party's rights to stop or prevent an illegal activity.
We may sell, transfer or otherwise share some or all of its assets, including your personal information (but not your billing information), in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Changing or Deleting Your Information
You can always update or delete your personal information. If you would like us to cancel your account, please contact us via email@example.com and we do our best to accommodate your request unless we are not permitted to because of outstanding legal obligation or business reasons. a support ticket and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your account. Even if you cancel your account, any of your posted reviews will remain publicly viewable.
Boat.me grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Boat.me and Boat.me may terminate your use of this website at any time.
As a member, you may submit Content to the Subsite. You understand that we do not guarantee any confidentiality with respect to any Content you post on the Site and make accessible through the Site. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Site and accessible through the Site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you post on the Site and accessible through the Site; and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Site pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by posting Content on the Site which is accessible through the Site, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service. You also hereby grant each user of the Site and Service a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you make accessible through the Site terminate within a commercially reasonable time after you remove or delete your videos from the Site. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit through the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Pervout all of the license rights granted herein.
You further agree that you will not submit through the Service any Content or other material that is contrary to our standards, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
We do not endorse any Content submitted through the Service by any Member and expressly disclaim any and all liability in connection with Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we will remove all Content if properly notified that such Content infringes on another's intellectual property rights. We reserve the right to remove Content without prior notice.
The Site may contain links to third party websites that are not owned or controlled by us. Boat.me has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve us from any and all liability arising from your use of any third-party website.
All of the Content included on this Site is and shall continue to be the property of our Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of this Site.
How Our Site Works
We connect boat owners with boat renters. Boat owners create listings for their boats, including posting photographs, descriptions, availability dates, pricing and other criteria, and boat renters can view what is available and, if interested in doing so, book a boat rental through our Site. You can view the boats listed on our Site without registration, but you need to be registered to be able to list or book a boat. Boat.me is not a party to any agreements entered into between boat owners and renters, nor are we a broker, agent or insurer. We are not an owner or operator of Boats. We do not and cannot control the Content in any listing or profile or the condition of any Boat. We are not responsible for the actions or inactions of Members or others who use or view the Site and use our services. We expressly disclaim all liability to the fullest extent allowed by law. Our responsibilities are limited to facilitating boat rents and serving as a limited payment collection agent of each Owner for the purpose of accepting rental payments on the Owner's behalf from a Renter.
In order to access certain features of the Site and to list or book a Boat, you must first become a Member by registering and creating an account with us. You may register directly through the Site or through third party social networks. You may also link your Boat.me account with a third party social network account by either allowing us access to your third party social network account or by providing us with your login information to the third party social network account. By linking your third party social network account to your Boat.me account you represent and confirm that you are permitted to to give us your login information for or grant us access to your third party social network account and that doing so does not breach the terms and conditions of that third party site or will not cause us to incur any fees. You also acknowledge and confirm that by linking your third party social networking account to your Boat.me account, you grant us access to your content on your third party social network account. Your third party social networking account is governed by your agreement with the service provider of the third party social network. We are not responsible for your activities or content on your linked third party social networking account.
Your Boat.me account and profile is based on personal information provided by you to us. You agree to provide us with accurate and complete information and to update it as needed as soon as possible. You are not allowed to have more than one account on the Site. We reserve the right to suspend or terminate your account or block your access to the Site and Services if you have more than one account on the Site or provide us with false or misleading information. You also agree to immediately notify us if your Boat.me account is accessed by any unauthorized person.
Boat.me does not currently charge fees for the creation of listings. An Owner can list one or more Boats under one account. When listing his/her/its Boat, the Owner will fill in a questionnaire with the purpose of providing an accurate description of the Boat, and will be required to upload no less than four photographs of the Boat. The Owner will also provide the rental rate per hour/day/month in U.S. dollars and the availability and cost of captain service. Our commission is based upon the total cost of the rental charge and captain service. Owners will also indicate whether he/she/it or the Renter is responsible for fuel charges and the approximate fuel cost. We do not collect any commission on fuel charges and the Renter pays the Owner for fuel charge in person. Failure of the Owner to provide accurate information gives the Renter the right to cancel the booking and receive a full refund.
Once a Renter requests a booking of an Owner's Boat, the Owner is prohibited from requesting a higher price than in the booking request.
Owners are strictly responsible for all of the Member Content they post and are responsible for paying any and all Taxes and docking, port and other fees, as well as complying with all applicable laws, rules and regulations in connection with their Boats. We do not assume any responsibility for an Owner's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. We have the sole right, at any time and without prior notice, to remove or disable access to any listing for any reason, those we consider to be objectionable for any reason, in violation of these Terms.
Owners understand and agree that Boat.me does not act as an insurer or as their contracting agent. If a Renters requests to book an Owner's Boat, any arrangement or agreement entered into by such parties is between them and we are not a party to it. However, we will serve as the limited authorized payment collection agent of the Owner for the purpose of accepting, on behalf of the Owner, payments from Renters of such amounts stipulated by the Owner.
An Owner may request additional information about the Renter via firstname.lastname@example.org before confirming the booking request, such as having a valid boating certification or license, a profile picture or more details on the guests who will be accompanying the Renter.
Owners are required to obtain appropriate insurance for their Boats, as well as a city or state charter license, if required They should be familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not their insurance policy will cover the actions or inactions of someone other than the Owner.
- "Boat.me Fee"mean the fee we charge a Renter for using our Site and services to rent a Boat from an Owner. Our Boat.me Fee is 15% of the Rental Fee and is payable by the Renter. The Boat.me Fees are calculated and displayed to the Renter when sending a rental request to the Owner.
- "Rental Fees"means the amounts that are due and payable by a Renter in exchange for renting an Owner's Boat. The Owner establishes and is responsible for the Rental Fee for his Boat. We are not involved with the Owner deciding what to charge as a Rental Fee for his Boat. The Owner may in his or her sole discretion decide to include other charges in the Rental Fee, including, but not limited, to a cleaning fee or any other permitted fee or Taxes.
- "Service Fees"means collectively the Boat.me Fees and the Transaction Fees.
- "Total Fees"means collectively the Rental Fees and Boat.me Fees.
- "Transaction Fee"mean the fee we charge an Owner for using our Site and services to rent his Boat to a Renter. Our Transaction Fee is 5% of the Rental Fee. The Transaction Fees are displayed to the Owner when the Owner is asked whether to confirm or reject a booking request from a prospective Renter.
Owner Booking Procedures
If you are an Owner and a prospective Renter wants to rent your Boat, you will receive an email and will be required to either confirm or reject the booking request within 24 hours (the "Booking Request Period"). If you fail to respond to the email request before the expiration of the Booking Request Period, the request will automatically terminate. When a booking is requested through our Site, we will share with you the Renter's name and profile. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by us or the requested booking will 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, we will send you an email and status update on your Boat.me account.
We will collect the Total Fees at the time when the Owner confirms the Renter's booking request and will initiate payment of the Rental Fees (less Transaction Fees and any Taxes in respect of the Transaction Fees) to the Owner within 24 hours of when the Renter arrives at the Boat, except to the extent that a refund, if any, is due to the Renter. The time it takes for the Owner to receive payouts may depend upon the payout method chosen by the Owner. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Owner, including by deducting their charges from the payout amount.
If you owe or agree to pay us any amount, as a Renter or Owner, we may deduct and withhold the amount owing to us from any payout amounts due to you as an Owner, and use the withheld amount to setoff the amount owed to us. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone and may be made by us or by anyone on our behalf, including but not limited to a third party collection agent.
Appointment of Boat.me as Limited Payment Collection Agent for Owner
If you are an Owner, we will act as your, and you will appoint us, as your limited payment collection agent to collect Rental Fees from Renters. By paying us as your limited payment collection agent, you agree that when a Renter pays the Rental Fees and other fees through our Site, it is the same as if the Renter is paying your directly.
Each Owner agrees that Boat.me may, in accordance with our cancellation policy (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the Rental Fees specified in the cancellation policy, if any. Each Owner understands that as we accept payments from Renters as the Owner's limited payment collection agent and that our obligation to pay the Owner is subject to and conditional upon successful receipt of the associated payments from Renters. We cannot and do not guarantee payments to Owners for amounts that have not been successfully received by Boat.me from Renters. In accepting appointment as the limited authorized agent of the Owner, we assume no liability for any acts or omissions of the Owner.
Renter Booking Procedures
The Owners are solely responsible for honoring any confirmed bookings made through our Site. If you, as a Renter, choose to enter into a transaction with an Owner to rent his 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 imposed by the Owner. You are solely responsible for performing the obligations of any such agreements. You acknowledge and agree that we are not a party to any agreement between you and the Owner, and that, with the exception of our collection and payment obligations hereunder, we expressly disclaim all liability arising from or related to any such agreements. Unless the Owner requires you to pay for Boat fuel or a Security Deposit as indicated in the listing, upon your payment of the Total Fees, your payment obligation to the Owner for the Boat Rental is extinguished, and we are responsible for remitting the Rental Fees (less the Transaction Fees and any Taxes in respect of the Transaction Fees), in the manner described in these Terms. In the event that we fail to remit any such amounts as described in these Terms, such Owner will have recourse only against the Company, not the Renter.
The Total Fees payable and timing of payment will be displayed to a Renter before the Renter sends a booking request to an Owner. The Owner is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is rejected or expires, all amounts collected by us will be refunded to such Renter and any pre-authorization of such Renter's credit card will be released, if applicable.
You as a Renter agree to pay Boat.me for the Total Fees for any booking requested in connection with your Boat.me 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 we, on behalf of the Owner, reserve the right, in our 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), or a similar sum in to verify your credit card.
The amount of the Total Fees payable by you at the time of sending a booking request will be decided by the Owner as indicated on his Boat listing. Some Owners will require full payment of the Rental Fees when sending a booking request and others may permit a Renter to pay a portion of the Rental Fees when sending a booking request and the rest later in the event the booking request is made more than ten days prior to the requested booking date(s). However, partial payment is not permitted if the booking request is sent ten or less days prior to the requested booking date(s). In any event, we will collect the Total Fees or a portion thereof, as required by the Owner in his listing, once Boat.me receives confirmation of your booking from the Owner. You are solely responsible for any fees that may be charged by your bank.
An Owner may require the Renter to make a security deposit when booking his Boat. Security deposits are paid by Renter directly to the Owner. However, if requested by an Owner, we will collect a security deposit for the booking or obtain a pre-authorization of the Renter's credit card for the security deposit. Boat.me is not responsible, however, for accessing any claims relating to the security deposit.
Cancellation and Refunds
If, as a Renter, you cancel your requested booking before the requested booking is confirmed by an Owner, we 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 booking after it is confirmed by the Owner but at least six days before the booked date(s), we will refund your Rental Fee but keep the Boat.me Fee. If you cancel your booking after it is confirmed by the Owner but it is 5 or less days from the booked date(s), no money will be refunded to you. If the Owner cancels your confirmed booking, we will cancel any pre-authorization to your credit card and refund any amounts charged to your credit card in connection with the requested booking within a commercially reasonable time.
If, as an Owner, you cancel a confirmed booking, you agree that we may apply penalties or consequences to you or your listing, including (i) publishing an automated review on your listing indicating that a reservation was cancelled, (ii) keeping the calendar for your listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
We reserve the right to the cancellation and refund policy contained in these Terms in the event of extenuating circumstances. The Renter may cancel the confirmed booking by contacting us by email and provide written documentation to support the claim that extenuating circumstances warranted such cancellation. In such event, the Renter will receive a full refund and no payment shall be paid to the Owner. Some examples of appropriate extenuating circumstances include but are not limited to the following:
- A named or numbered storm within 150 miles of the Boat's pickup location;
- Safety concerns related to thunderstorms or lightning strikes or heavy winds;
- Owner cancellation, no-show, or refusal to allow access to the Boat;
- Unsafe condition of the Boat;
- Material inaccuracy of Owner's description of the Boat;
- On board features (including water, lighting, bathroom, electrical, heating and air condition systems) that are listed but do not exist or do not function as described or expected (within reason).
Owners can delete one or more Boats from their account at any time by sending a request to us at email@example.com; provided, however, confirmed bookings must be honored in accordance with the agreed upon terms. Any party can delete their account and profile on the Site at any time by contacting us as firstname.lastname@example.org. Deleting an account will relieve the deleting party of its outstanding obligations owed the Company or another party contracted with through the Site.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
You agree to indemnify, defend and hold us and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS, " "AS AVAILABLE " BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. BOAT.ME DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL BOAT.ME BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Copyrights and Copyright Agent
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Philip Magri, Esq. who can be reached as follows:
By Mail: 2642 NE 9th Avenue, Fort Lauderdale, FL 33334
By Phone: 646-502-5900
By E-mail: email@example.com
You agree that the laws of the state of Florida, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Boat.me or its affiliates.
If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms will otherwise remain in full force and effect.
The failure of Boat. me to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of these Terms by Boat.me must be in writing and signed by an authorized representative of Boat.me.
Relationship of the Parties
Nothing contained in these Terms or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.