Terms and Conditions

Terms of Service
Last Revision: March 23, 2017

Welcome to Boatdaze.com, an online peer-to-peer boat rental marketplace (hereinafter, the “Service”), provided and operated by Boat Dates, LLC DBA Boatdaze (hereinafter, “Boatdaze”, “we” or “us”). Please carefully read the Terms of Service set forth below, as they constitute a binding legal contract between you, the Site user, whether as a Renter, or a Boat Owner, as such terms are defined below, or otherwise (hereinafter, “User” or “you”), and Boatdaze.

I. ACCEPTANCE OF TERMS

By entering or using our website which is accessible through www.boatdaze.com, and any other mobile or online service and/or Sites owned, controlled or offered by Boatdaze now or in the future (hereinafter, collectively the “Site”), whether you register or not, you agree to be legally bound by the Terms of Service set forth below. In order to use this Site, you must agree to all the terms, conditions and notices below, including Boatdaze’s Privacy Policy (hereinafter collectively, the “Terms” or “Agreement”). If you do not accept all of these terms and conditions, please discontinue the use of the Site and do not make any rentals through the Site.

THE SITE COMPRISES AN ONLINE PLATFORM/MARKETPLACE THROUGH WHICH BOAT OWNERS (DEFINED BELOW) MAY CREATE LISTINGS FOR BOAT RENTALS AND RENTERS (DEFINED BELOW) MAY LEARN ABOUT AND RENT BOATS DIRECTLY WITH THE BOAT OWNERS. YOU UNDERSTAND AND AGREE THAT BOATDAZE IS NOT A PARTY TO ANY AGREEMENTS OR TRANSACTIONS ENTERED INTO BETWEEN BOAT OWNERS AND RENTERS, NOR IS BOATDAZE A BOAT RENTAL COMPANY OR AN INSURER. BOATDAZE HAS NO CONTROL OVER THE CONDUCT OF BOAT OWNERS, RENTERS AND OTHER USERS OF THE SITE AND SERVICE OR ANY BOATS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. BOATDAZE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY BOATS. ANY BOOKINGS WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.

II. MODIFICATION OF TERMS

Boatdaze reserves the right, at its sole discretion, to discontinue or modify the Site and any of our Terms, including the Service Fees, and/or Privacy Policy as we deem necessary or desirable, without prior notice. If we make any substantial changes, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting a notice of the change on this Site. Any changes to these Terms will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that these changes will not apply to any transactions prior to the effective date of such changes, which will appear on the top of this page. The changes will be effective immediately for new users of our Site and any transactions by such new users. Therefore, we suggest that you re-read this important notice containing our Terms and Privacy Policy from time to time in order to stay informed as to any such changes. Please be advised that any use of the Site by you after such notice has been posted on the Site or sent to you via e-mail, shall be deemed to constitute acceptance by you of such modifications. If you find that the modified Terms are unacceptable, please discontinue your use of the Site.

III. REGISTRATION

Portions of this Site are available exclusively to registered members (“Members”) of the Site. Before being able to use these portions of the Site, you will be required to register on the Site and provide certain information about yourself including, but not limited to, personal information and credit card information. You must provide Boatdaze with accurate, complete and updated registration information when creating your account and keep your account information current at all times.

The right to use this Site is personal to the Member and is not transferable to any other person or entity. As a Member, you shall be responsible for protecting the confidentiality of your password.

Boatdaze shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Boatdaze may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

IV. PROHIBITED ACTIVITIES

A. You may not “hack” the Site, circumvent or attempt to circumvent passwords or other technical features meant to protect the Site or limit or control access, or otherwise access without authorization any information that is protected by passwords or other technical measures.

B. You may not place any content on the Site that, in Boatdaze’s sole determination, is or may:

• be fraudulent, false, or misleading;
• be harassing;
• be illegal, abusive or threatening;
• be infringing on the copyrights and trademarks of others;
• be sexually explicit;
• be profane, obscene, or pornographic;
• be defamatory or libelous;
• be harmful to minors;
• constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law;
• be otherwise objectionable;
• not be permitted by the Site under its normal operation; or
• disable or otherwise block partial or full functionality of the Site to others and/or to Boatdaze.

C. You may not use the Site or your account within the Site for any commercial or political advertisements, business, solicitations or promotions.

D. You may not upload any destructive programs, information, file, or software such as viruses and/or self-replicating code or take any other actions to harm the Site, other computers nor any electronic equipment.

E. You may not send unsolicited e-mail messages, including junk mail and chain letters, to any other user of the Site or the Service.

F. You may not solicit passwords or other personal information from any other users of the Site or the Service.

G. You may not post or transmit any message which discloses private or personal matters concerning any person.

H. You may not post or transmit any message, data, image or program in a fashion that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or Site marks used in an infringing fashion.

I. You will not allow any other person other than yourself to use the Service through your Service account.

J. You may not transmit, broadcast, retransmit, rebroadcast, distribute, redistribute, or make any commercial use of the Site and/or the Service. You may not copy, reproduce or prepare derivative works from, publicly perform, publicly display or distribute the Service or the Site in any manner not expressly authorized by Boatdaze.

K. You will not reverse engineer, decrypt, decompile, or otherwise alter or interfere with the Site or the Service or attempt to do so or assist or encourage others in doing so.

L. You may not submit through the Site or through the Service false or incorrect information to Boatdaze.

If you breach or infringe, or Boatdaze reasonably suspects that you may have breached or infringed any of the clauses in this section, or any other clauses, representations, and covenants of these Terms, Boatdaze may, in its sole discretion, suspend, cancel, and/or terminate your account and/or access to the Site and/or the Service or any part thereof with or without previous notice to you. Boatdaze may, in its sole discretion, terminate these Terms or suspend, cancel or terminate any right or license granted in these Terms, your Service account and/or the Service or any part thereof for any or no reason with or without notice to you. If Boatdaze suspends, cancels, or terminates the Service or your account under this or other paragraph, Boatdaze shall have no liability or responsibility to you, including without limitation that Boatdaze will not be responsible for any payments made by you for any Service. Nothing in this paragraph or elsewhere in these Terms will be interpreted as creating any responsibility on Boatdaze. Your infringement of any of the Terms, including without limitation the clauses in this section, does not provide you the right to any refunds from Boatdaze.

You understand and agree that any unauthorized use of the Site or the Service will result in irreparable injury to Boatdaze, its affiliates and/or their business partners, and/or licensors for which monetary compensation would be inadequate, and in such event and/or in a breach of these Terms, Boatdaze, its affiliates and/or their business partners, licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in these Terms shall be construed as to limit remedies or relief available pursuant to statutory or other claims that Boatdaze, its affiliates, and/or their business partners, and/or licensors may have under other clauses of these Terms or under separate legal authority, including but not limited to, any claim for intellectual property infringement.

V. TERMINATION

Boatdaze may terminate your account at its sole discretion, for any reason or no reason at all. You may also discontinue your use of Boatdaze and terminate your account at any time. However, the termination of your access to Boatdaze will not release any of the parties from any obligations incurred prior to the termination. Furthermore, Boatdaze may retain and continue to use any information provided by you for internal purposes. The termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations mentioned below and all of those terms will survive any termination of this Agreement.

VI. DISCLAIMER OF WARRANTY

THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL PARTS THEREOF, ARE PROVIDED ON AN “AS IS” BASIS AND THE USE OF THE SITE AND/OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL PARTS THEREOF, IS ENTIRELY AT YOUR OWN RISK. BOATDAZE HEREBY DISCLAIMS ANY WARRANTY OF ANY KIND WITH RESPECT TO THE BOATS LISTED BY BOAT OWNERS AND OTHER PRODUCTS AND SERVICES PROVIDED BY OR THROUGH BOATDAZE, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL PARTS THEREOF, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE SERVICE OR THE SITE WILL MEET YOUR REQUIREMENTS OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. THE USE OF THE SERVICE, AND BOATS RENTED THROUGH BOATDAZE, IS AT YOUR OWN RISK. BOATDAZE AND/OR BOATDAZE’S ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE SITE WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD BOATDAZE AND/OR THE BOATDAZE’S ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE, AND/OR THE SITE INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF THE DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER INFORMATION OR DATA THAT MAY RESULT FROM THAT USE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BOATDAZE AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, OR AFFILIATES OR BUSINESS PARTNERS, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. BOATDAZE IS NOT RESPONSIBLE TO YOU FOR ANY CONTENT PROVIDED THROUGH THE SERVICE OR FOR ANY DOWNLOAD OR CONTENT YOU FIND OBJECTIONABLE.

BOATDAZE DISCLAIMS ALL ALLEGED LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE RESULTING FROM ANY ACCIDENT, EVENT OR OCCURRENCE ON, OR RESULTING FROM THE TRANSACTIONS ENTERED INTO BETWEEN USERS OF THE SITE OR FROM THE USE OF THE BOATS RENTED FROM BOAT OWNERS THROUGH BOATDAZE.

UNDER NO CIRCUMSTANCE SHALL BOATDAZE OR ITS OFFICERS, MEMBERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, BUSINESS PARTNERS, EMPLOYEES, AGENTS, AND AFFILIATES AS APPLICABLE, WILL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE AND/OR THE SITE, EVEN IF BOATDAZE AND/OR ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, BUSINESS PARTNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS AND AFFILIATES, AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, BOATDAZE AND/OR BOATDAZE’S RELATED ENTITIES AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $500.00.

VII. RELEASE

YOU HEREBY RELEASE AND FOREVER DISCHARGE BOATDAZE AND ITS OFFICERS, DIRECTORS, MEMBERS, ATTORNEYS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO THE USE OF THE SITE OR ANY SERVICE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF BOATDAZE IN OPERATING THE SITE, THE SERVICE OR OTHERWISE.

VIII. LIMITATION OF LIABILITY

NEITHER BOATDAZE NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS, BUSINESS PARTNERS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS SITE OR THE INABILITY TO GAIN ACCESS TO THE SITE, INCLUDING WITHOUT LIMITATION ANY RENTAL. YOU AGREE THAT, IN NO EVENT SHALL BOATDAZE OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS SITE OR THE USE OF THE SERVICE OR ANY TRANSACTION CONDUCTED THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM BOATDAZE’S NEGLIGENCE. IN ANY EVENT, BOATDAZE’S LIABILITY TO YOU IS LIMITED TO $500.00.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOATDAZE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR FROM ANY TRANSACTIONS CONDUCTED THROUGH THE SITE;
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF TRANSMISSIONS TO OR FROM THE SITE;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY;
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND OR;
USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BOATDAZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Boatdaze may in its sole discretion terminate the Terms or change, modify, discontinue, inactivate, suspend, cancel or terminate your account and/or the Site and/or the Service or any part thereof for any or no reason with or without previous notice to you. Boatdaze shall not be liable to you or to any third party for any modification and/or discontinuation of the Site and/or the Service or any part thereof.

IX. INDEMNITY

You agree to indemnify, defend and hold Boatdaze and its officers, directors, members, owners, representatives, independent contractors, employees, agents, and affiliates (collectively, the “Indemnitees”) harmless for, from and against any claims, actions, demands, causes of action, losses and expenses, including without limitation reasonable legal and accounting fees (collectively the “Claims”) by reason of, in any way relating to, or arising out of or connected to: (a) your use of the Site and/or the Service or any part thereof and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of the Site and/or the Service; (c) any content or information uploaded by you or through your account to the Site, the Service, the computer systems running the Site and/or the Service or otherwise; (d) any violation of these Terms; (e) (i) your interaction with any Member, Boat Owner or Renter, (ii) your rental of a boat, or (iii) the listing of a boat; and (f) the use, condition or rental of a boat by you, including but not limited to any injuries, losses or damages (compensatory, direct, incidental, consequential or otherwise) of any kind in connection with or as a result of a listing, rental or use of a boat. You agree to reimburse any and all Indemnitees on demand for any losses, costs, judgments, fees, fines, and other expenses they incur including without limitation attorney’s fees and court and filing fees and costs, as result of any Claims.

X. PRIVACY

You acknowledge that all discussion for ratings, comments and/or other message or communication facilities (collectively “Forums”) are public and not private communications, and that, therefore, others may read your communications without your knowledge. Boatdaze does not control or endorse the content, messages or information found in any Forum and, therefore, Boatdaze specifically disclaims any liability concerning the Forums and any actions resulting from Users’ participation in any Forum, including any objectionable content. Generally, any communication which you post to Boatdaze is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Boatdaze as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, you grant Boatdaze the right to use such comments or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information regarding this matter see Boatdaze’s Privacy Policy.

XI. EXTERNAL SITES

As a convenience, the Site may contain links to other Internet sites that are owned and/or operated by third parties. By offering you these links, Boatdaze is not endorsing any other sites and Boatdaze has no responsibility or liability, directly or indirectly, for such third party sites, including without limitation for their content. You access third party linked sites at your own risk. Boatdaze, its affiliates and/or their business partners may present promotional materials and advertisements through the Site. Such promotional materials and events belonging to the aforementioned third parties including, without limitation, payment and delivery of goods or services, your interaction with such third parties and their corresponding terms, conditions, and covenants are solely between you and such third party. Boatdaze and/or its affiliates and their business partners shall not be responsible for any transactions or any claims you may have with such third parties.

XII. LICENSE & RIGHTS GRANTED

Subject to the Terms of this Agreement, Boatdaze grants you a limited, non-transferable, non assignable and revocable right to a limited use of the Site for the purpose stated in these Terms in order to access and observe its content through an Internet browser, mobile phone or handheld computer, as may be applicable, and to use the limited functionalities of the Site such as registration, logging in and out, and purchasing as may be provided, changed and limited by Boatdaze from time to time.

You grant Boatdaze a transferable, assignable right to use the information you supply to this Site, including but not limited to the use of the information to provide you with services and to execute any appropriate charges as further explained in these Terms.

Boatdaze may assign the Terms and its rights that arise thereunder. You may not assign your rights under these Terms.

XIII. COPYRIGHTS & TRADEMARKS

The Service as well as all the content included in the Site, including without limitation the text, graphics, logos, icons, screens and configurations, are the property of Boatdaze or its licensors (or is a nominative use of trademark) and is protected by United States and international copyright and trademark laws. All software used in the Service and in this Site is the property of Boatdaze or its software suppliers and is also protected by United States and international copyright laws. You do not acquire any ownership rights by agreeing, accepting or consenting to these Terms. You do not acquire any ownership rights by printing or downloading any information or using the Site and/or the Service. Any use of the content or software of the Service or the Site other than for the express services provided is strictly prohibited, including without limitation reproducing, modifying, distributing, transmitting, replicating or public exhibition, or creating derivative works.

XIV. DMCA COMPLIANCE POLICY

Portions of this Site allow users to post user-supplied content, which may include copyrighted works. To ensure compliance with the Digital Millennium Copyright Act (“DMCA”), Boatdaze shall take action upon receipt of notice from a copyright owner or their authorized agents if they have a good-faith belief that their copyrighted works are being infringed. Such notice from a copyright owner or authorized representative should be sent to:

Attn: Copyright Agent
221 Ave. Ponce de León, Suite 500
San Juan, P.R. 00917

Boatdaze will respond to such notifications through email, fax, or regular mail.

To be effective, your notification must be in writing and include: (a) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site; (b) identification of the material or link claimed to be infringing and to which access is to be disabled, including, at a minimum, information reasonable sufficient to permit Boatdaze to locate the material on this Site (such as the URL(s) of the claimed infringing material) and locate the user that posted the material; (c) information reasonably sufficient to permit Boatdaze to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted; (d) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (f) your physical or electronic signature.

XV. ENTIRE AGREEMENT; SEVERABILITY

These Terms constitute the entire agreement between you and Boatdaze and supersede all prior agreements and understandings, whether written or oral or otherwise, with respect to the subject matter of these Terms. If any term, provision, covenant or restriction of the Terms is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of the Terms shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. Boatdaze’s failure to pursue any available claim or defense pursuant to the Terms will not be a waiver of such claim or defense. The headings used in this document are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

XVI. APPLICABLE LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by, and enforced in accordance with, the laws of the Commonwealth of Puerto Rico. You agree that Boatdaze and the Service shall be deemed solely based in Puerto Rico and the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Boatdaze, either specific or general, in jurisdictions other than the Commonwealth of Puerto Rico. Any dispute arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof, that the parties cannot resolve in good faith within thirty (30) days shall be directed to a binding arbitration administered by an arbiter, pursuant to the rules of the American Arbitration Association (“AAA”). The arbitration will take place in San Juan, Puerto Rico, with all expenses being shared equally by the parties. The arbiter must act in accordance with the substantive laws of the Commonwealth of Puerto Rico and the rules of the AAA. The parties to this Agreement hereby agree to submit to the exclusive jurisdiction of the federal and state courts located in the Commonwealth of Puerto Rico in any action or proceeding arising out of or relating to this Agreement that cannot be otherwise submitted for arbitration. Nothing in this Section XVI shall be deemed as preventing Boatdaze from seeking injunctive or other equitable relief from the courts as necessary to protect any of Boatdaze’s proprietary interests.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BOATDAZE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLANTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

XVII. TERMS FOR RENTERS

1. Use of Service
In order to use this Site and the Service, all users who want to rent a boat (each, hereinafter, a “Renter”) must comply with certain minimum eligibility requirements (hereinafter, “Renter Eligibility Requirements”). The failure to meet the Renter Eligibility Requirements or provide the necessary documentation to determine eligibility will constitute a violation of this Agreement. Boatdaze reserves the right to alter the Renter Eligibility Requirements in its sole discretion, at any time and for any reason without giving prior notice. Any failure to disclose boat-related violations, accidents or other material information is grounds for immediate rejection or termination of your membership.

2. Renter Eligibility Requirements
In order to be eligible, Renters must meet the following Renter Eligibility Requirements:

GUIDED RENTALS:
Be at least 18 years of age;
Hold an official government-issued identification;
Hold a PayPal account or Credit Card;
Must be a registered User of Boatdaze;

BARE-BOAT RENTALS:
Be at least 18 years of age;
Hold an official government-issued identification;
Hold a government-issued license or permit for the operation of vessels in the jurisdiction of origin, or some other documented and verifiable evidence of experience in the operation of boats or vessels;
Must hold general liability insurance with limits and in form and substance reasonably satisfactory to the Owner and Boatdaze;
Hold a PayPal account or Credit Card;
Renters under 25 years of age must be accompanied by at least one person over 25 years of age;
Must be a registered User of Boatdaze;

3. Renting a Boat
In order to rent a boat through Boatdaze, Renters will be required to use the Site, accept these Terms and meet all of the Renter Eligibility Requirements stated above.

The rental period will begin at the Owner-specified time and location, after the Owner has approved the transaction on Boatdaze´s Site and the Renter has confirmed payment also on Boatdaze’s Site. The rental period will end at the Renter’s requested booking period end-date, at a time agreed between the Owner and the Renter, once the boat is returned to the Owner. A final inspection is performed and the transaction is terminated in the Site (hereinafter, the “Rental Period”).

If a Renter does not hold a maritime license or permit to operate a boat, the Owner may require that the Renter be accompanied by the Owner or an Owner representative. It is further understood that, as a condition to the rental of a boat, Owners may require that the Owner or a representative of the Owner be the operator of the boat. Owners may also establish limitations as the areas, jurisdictions and waters in which a boat is operated, in their sole and absolute discretion.

4. Boat Use
Renters must use the boat solely for their personal use. The boat may not be used for any illegal use or for any commercial purposes, including but not limited to running a charter service. Renters must return the boat on time and in the same condition. If Boatdaze has any concerns about your use of the boat, your reservation may be terminated in Boatdaze’s sole discretion. Renters and passengers are required to comply with all state, federal and international maritime laws, including regulations concerning life vests, safety equipment and others.

You understand that the boats listed in Boatdaze are owned by third parties and are not owned or maintained by Boatdaze. Owners are responsible for maintaining and repairing the boats listed on the Site in a seaworthy condition and are ultimately responsible for the condition of the boat at the beginning of the Rental Period. At the beginning and end of the Rental Period, the Renter and the Owner will perform an inspection of the boat.

5. Insurance
Owners must carry their own insurance for their boats including, without limitation insurance coverage for hull and equipment, boating liability, medical payments, fuel and other spill liability as is customary in the jurisdiction in which the boat is operating. Boatdaze will not provide any insurance to Owners, and shall not be liable in any way for any Owner’s failure to obtain and maintain proper insurance coverage. Boatdaze also hereby disclaims any liability for any and all losses, damages or claims arising from any accidents, property damage, spills or other events occurring during the before, during or after the Rental Period.

Renters are advised to carry their own general liability and medical insurance. Boatdaze disclaims any liability for any and all losses, damages or claims arising from any accidents, property damage, spills or other events occurring during the before, during or after the Rental Period.

6. Fees

You are responsible for paying all fees incurred by you in connection with your use of the Site. You authorize Boatdaze to charge any payment cards on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles and damages, and you furthermore represent and warrant that you have the right to make this authorization. Owners and Renters must have a PayPal account or Credit Card in order to use the Site. You will be responsible for payment of usage fees during the Rental Period. You will be responsible for all of the costs relating to any citations and fines incurred during the Rental Period.

A thirteen percent (13%) service fee will be charged to the Owner for each rental (the “Service Fee”). The thirteen percent (13%) shall be charged from the total amount of the invoice generated by the Owner for each rental and shall be non-refundable, except in the event of a cancellation which is accepted by Boatdaze in accordance with the terms of this Agreement.

Owners may require Renters to pay cleaning fees, refueling fees, skipper fees and other charges which are unrelated to Boatdaze, and which will be part of the invoice submitted by an Owner to a Renter at the beginning of a reservation.

If a Renter returns a boat after the agreed Rental Period or arrives late to the start of the rental, the Renter may have to pay a late fee at the request of the Owner. This late fee shall be calculated based on the hourly rental rate multiplied by the hours (or fractions thereof) of the Renter’s delay, and the owner’s Boatdaze Service Fees. Notwithstanding the foregoing, Boatdaze shall not be responsible or liable for the collection of such late fees. Owners acknowledge and agree that they must ensure collection of any late fees from the Renters. If the late arrival or return results in the disruption of another rental or if Boatdaze understands that the tardiness is an unacceptable inconvenience for the owner, the Renter will pay the full daily rate for every eight (8) hours the boat is late. By accepting this Agreement, Owners and Renters  acknowledge and agree that Boatdaze shall not be responsible or liable for any disputes among the Owner and the Renter regarding any tardiness or late arrival.

If the boat Owner does not show up to meet the Renter and make the boat available for the Renter at the agreed upon rental start time or if the boat is in an unacceptable condition, Boatdaze will return any amounts charged by the Owner to the Renter, and charge a $250 administrative fee to the Owner. By accepting this Agreement, Owners acknowledge and agree that Boatdaze may charge their accounts or credit cards for any such fees or may offset the administrative fee from future reservations of the Owner’s boat.
If the Renter is a no-show within two (2) hours of the start time for the Rental Period, the Owner may cancel the rental at any time thereafter and must immediately inform Boatdaze of the Renter’s no-show. Under such circumstances, Boatdaze will deliver the full amount charged by the Owner to the Renter, less the applicable Service Fee.
Nothing in this Agreement is intended to limit your responsibilities or Boatdaze’s legal rights in connection with your use of the marketplace, or any boats rented through Boatdaze.

You acknowledge that Boatdaze requires that you pay a reservation in advance and that Boatdaze will hold such payment as part of the reservation of a boat and that you will be affirmatively notified by Boatdaze and have the option to make the payment or cancel your reservation. Cancellation of a reservation shall be subject to the cancellation policy below. The Owner of a boat will not receive payment for the reservation until twenty-four (24) hours after the Rental Period has ended.

7. Modification of Rental
If you are running late, be sure to extend your rental and notify the Owner. You can extend your rental using the Boatdaze Site or by contacting the Owner.

Please note that all rental extensions are billed as new rentals (on an hourly or daily basis). This means that if you have already reached the daily rate, you will not be able to extend your rental for free. If you are extending your rental for a period long enough to reach the daily rate again, you will only be billed the daily rate.

8. Cancellation of Rental
You may cancel your rental at no charge, as long as you cancel between the earlier of 48 hours from making the reservation or seven (7) days in advance of the beginning of your rental reservation (the “Free Cancellation Period”). If you cancel within the Free Cancellation Period you will receive a full refund of the amounts paid for your reservation and the Owner will not receive payment. Cancellations which fall outside of the Free Cancellation Period shall be non-refundable, unless there are extenuating circumstances as more specifically set forth below.

If a Renter cancels for any of the following extenuating circumstances (the “Extenuating Circumstances”) which are shown to have been present, to the reasonable satisfaction of Boatdaze, then the Renter shall receive a full refund of the amounts paid for the reservation, and the Owner shall not receive payment. In order to receive the refund, the Renter shall contact Boatdaze by mailing cancellations@Boatdaze.com or requesting cancellation for the reservation on the Site, and shall provide sufficient evidence of the circumstances to allow Boatdaze to assess the reasons for the cancellation. The following is a non-exhaustive list of examples of Extenuating Circumstances acceptable to Boatdaze:

There is documented inclement weather such as hurricanes and storms in the area of the rental, which are of public knowledge and easily verifiable.
Heavy rain, thunderstorms, lightning, heavy wind or maritime conditions with wave heights in excess of 2.5 meters (8 ft. 2 in.).
Owner is a no show or cancels prematurely.
Owner materially misrepresents the boat’s condition, size, or location.
There is a boat malfunction which does not allow the Renter to use the boat. Malfunctions occurring within the Rental Period may result in prorated refunds.

Boatdaze reserves the right to evaluate the circumstances of a cancellation and make a final determination on the applicability of a refund pursuant to this Agreement. Boatdaze shall be allowed a period of ten (10) business days to investigate a cancellation and refund request from a Renter prior to making a final determination and/or providing a refund to the Renter.

9. Incident Reporting
You must immediately report any damage to the boat you rented through Boatdaze at support@Boatdaze.com If there has been a collision, you must also report the incident to the police or relevant authorities. You will need to provide Boatdaze with a written description of the incident and any other information Boatdaze may request, including identity and insurance information of any parties involved in the incident. Please use all reasonable efforts to secure evidence from any available witnesses. You are also required to cooperate in any loss investigation conducted by Boatdaze, our claims administrators, or insurers. After an incident, you may not continue to use the boat unless you have Boatdaze’s explicit permission.

10. Review of Owner and Boat
As part of the Service, Renters will be permitted to conduct a review of the Owner and the boat, once the rental has concluded. Any communication or review which you post to Boatdaze is considered to be non-confidential. By posting comments, messages or other information on the Site, you grant Boatdaze the right to use such comments or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information regarding this matter see Boatdaze’s Privacy Policy.

11. Infractions
Renters are responsible for paying any tickets or other infractions that occur during the Rental Period. For example, if you receive an infraction because you violated any local maritime laws, you are responsible for paying the ticket. If you do not receive a physical ticket at the moment, but the Owner receives the same through mail or electronically, you will still be responsible for paying the ticket.

Please note that you will incur late fees by the issuing city if you do not pay the ticket by the deadline. Any unpaid tickets may be automatically charged to your account along with a $30 service fee. Notwithstanding the foregoing, Owners are responsible for collecting charges for tickets or infractions from the Renters. Incurring in late fees can certainly be an inconvenience for Owners and may possibly result in a bad review.

12. Gas Usage
Depending on the conditions imposed by the Owner, the Renter may be responsible for returning the boat with the same amount of gas it had at the beginning of the Rental Period or paying an additional fee for gas usage.

13. Pets
While not all of the boats listed on Boatdaze are pet friendly, some Owners allow pets. If the Renter plans on bringing a pet, he should inquire with the Owner prior to bringing his pet. Owners are encouraged to include information about whether or not their boat is pet friendly in the boat’s description on the Site.

XVIII. TERMS FOR BOAT OWNERS

1. Use of Service
In order to use this Site and the Service, all users who want to list a boat on Boatdaze (hereinafter, “Owner”) must comply with certain minimum eligibility requirements (hereinafter, “Boat Eligibility Requirements”). The failure to meet any of the Boat Eligibility Requirements or provide the necessary documentation to determine eligibility will constitute a violation of this Agreement. Boatdaze reserves the right to alter the Boat Eligibility Requirements in its sole discretion, at any time and for any reason without giving prior notice. Any failure to disclose boat-related violations, accidents or other material information is grounds for immediate rejection or termination of your membership.

2. Boat Eligibility Requirements
To be eligible, the boats listed on Boatdaze must meet the following Boat Eligibility Requirements:

GUIDED RENTALS:
The boat must comply with any and all applicable laws and regulations at all times, including registration, inspection, and minimum insurance requirements.
Owner or a representative of Owner must be available to accompany the Renter in the Boat, as necessary.
Owner must hold title to the boat.
Owner must have a PayPal account to receive payment.

BARE-BOAT RENTALS:
The boat must comply with any and all applicable laws and regulations at all times, including registration, inspection, and minimum insurance requirements.
Owner must have general liability and property insurance with limits and coverages as are customary in the jurisdiction of the rental.
Owner or a representative of Owner must be available to deliver keys and any other equipment and/or instructions to the Renter in order to initiate the Rental Period.
Owner must hold title to the boat.
Owner must have a PayPal account to receive payment.

The following boats or water related craft are ineligible for listing on Boatdaze: cargo boats, barges, tug boats, cruises, jet skis, kayaks, paddle boards, surf boards, wind-surf boards, kite boards, wake boards, and vessels designed primarily for commercial fishing.

Please be advised that boats with lower than 2.5 Star review rating may be taken off the Service. Owners which are no-shows or which are subject to multiple negative reviews may be lowered in ranking on the Site or their use of the Site may be discontinued.

Also, please note that Owners shall comply with any and all applicable laws and regulations for the rental of boats by third parties.

3. Boat Maintenance
You guarantee that, at all times, your boat will be in safe and seaworthy condition, in good mechanical condition, and in compliance with any and all applicable state inspection and registration requirements. Also, you are required to have your boat inspected and regularly check your boat for any defects in its operations or safety (the “Inspection”).

The failure to maintain your boat in sound mechanical conditions will subject your boat to a removal from the Service. Furthermore, you are responsible for all costs flowing from the failure to properly maintain the boat.

4. Rental Fees
You will be able to establish the rental rate that will be charged for the use of your boat. Boatdaze will pay you the amount collected from Renters, minus a thirteen percent (13%) service fee for each rental (the “Service Fee”), as well as any taxes or similar charges that Boatdaze collects or might collect. Boatdaze will pay you the fees which are posted on the Site at the time of the rental, regardless of subsequent price change. Owners will receive payment of the amount collected from Renter within 24-hours from the completion of a Rental Period. The thirteen percent (13%) shall be charged from the total amount of the invoice generated by the Owner for each rental and shall be non-refundable, except in the event of a cancellation which is accepted by Boatdaze in accordance with the terms of this Agreement.

You acknowledge that the aforementioned fees may change from time to time.

If for any reason you owe money to Boatdaze, we reserve the right to deduct those amounts from your payment. Please note that you are fully responsible for all taxes relating to or arising out of your activities under this Agreement. You acknowledge that in order to report the income paid to you as required by law, we will need you to provide certain information; and Boatdaze may withhold payments until that information is received.

5. Incident Reporting
If you believe that a Renter has caused any damage to your boat, you are required to report that damage to Boatdaze as soon as you become aware of it by contacting support@Boatdaze.com. You will also provide reasonable cooperation in our investigation of the damage to your boat in order to determine the cause of the damage.

6. Boat Damage
During the Rental Period, Owner will bear the risk of theft, destruction or damage of your boat. Boatdaze will not be responsible for any damage, theft or destruction of your boat. You acknowledge that Boatdaze is simply facilitating the rental of your boat and is not assuming any liability or responsibility over the boat, the use of the boat or any damage related thereto. You also acknowledge that Boatdaze does not perform any background search on the Renter or Owners. You acknowledge that Boatdaze is not responsible for any personal property, including any after-market installations taken from your boat or damaged during a rental period. We recommend that you remove all personal property before making the boat available for a reservation. In addition, you should expect normal wear and tear on your boat from the use of the boat by the Renter.

7. Insurance
In order to use the Service, you must maintain your own insurance policy and meet any minimum insurance levels required by law. Also, you agree to provide Boatdaze with information regarding your insurance policy’s coverage and promptly inform Boatdaze if there are any changes in the information previously provided.

8. Cancellation by Owners
As an Owner, you are subject to the same cancellation policy as the Renters. You can cancel a rental at no charge as long as it is done within the Free Cancellation Period. If you cancel outside of the Free Cancellation Period, you will be subject to the cancellation policy set forth below.

If the Owner does not show up to meet the Renter and make the boat available for the Renter at the agreed upon rental start time or if the boat is in an unacceptable condition, Boatdaze will return any amounts charged by the Owner to the Renter, and charge a $250 administrative fee to the Owner. By accepting this Agreement, Owners acknowledge and agree that Boatdaze may charge their accounts or credit cards for any such fees or may offset the administrative fee from future reservations of the Owner’s boat.
If an Owner cancels for an Extenuating Circumstance which is shown to have been present, to the reasonable satisfaction of Boatdaze, then the Owner shall not be subject to any administrative fees from Boatdaze. Owner should provide sufficient evidence of the circumstances to allow Boatdaze to assess the reasons for the cancellation. The following is a non-exhaustive list of examples of Extenuating Circumstances acceptable to Boatdaze:

There is documented inclement weather such as hurricanes and storms in the area of the rental, which are of public knowledge and easily verifiable.
Heavy rain, thunderstorms, lightning, heavy wind or maritime conditions with wave heights in excess of 2.5 meters (8 ft. 2 in.).
Owner is a no show or cancels prematurely.
Owner materially misrepresents the boat’s condition, size, or location.
There is a boat malfunction which does not allow the Renter to use the boat. Malfunctions occurring within the Rental Period may result in prorated refunds.

Boatdaze reserves the right to evaluate the circumstances of a cancellation and make a final determination on the applicability of an administrative fee. Boatdaze shall be allowed a period of ten (10) business days to investigate a cancellation prior to making a final determination and/or charging the Owner. Owners hereby agree that Boatdaze may charge a $250 administrative fee upon making a determination that a cancellation by the Owner was not due to Extenuating Circumstances.

9. Appointment of Boatdaze as Payment Agent for Owner
Each Owner hereby appoints Boatdaze as the Owner’s limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner. Each Owner agrees that payment of fees made by a Renter to Boatdaze shall be considered the same as a payment made directly to the Owner and the Owner will make the Boat available to Renter in the agreed upon manner as if the Owner has received the boat fees. Each Owner agrees that Boatdaze may, in accordance with the cancellation policy set forth above, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the fees specified in the cancellation policy. In accepting appointment as the limited authorized agent of the Owner, Boatdaze assumes no liability for any acts or omissions of the Owner.