You accept the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you by Boobur in the user interface for any Service; or, (ii) by using the Services. In the case of (ii), you understand and agree that Boobur treats your use of the Services as acceptance of the Terms from that point onward.
Boobur 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.
BOOBUR IS A VENUE AND IS NOT A PARTY TO ANY RENTAL AND OR CHARTER AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE WEBSITE.
Boobur is Only a Venue. Boobur acts as a venue for users of the Website as RENTER AND OR CHARTERs (“RENTER AND OR CHARTERs”) and boat owners (“Members”) (Members and RENTER AND OR CHARTERs, each a “User” and together, “Users”) to view and post available boats to facilitate the rental and or charter of such boats. Boobur is not a party to any actual agreement or transaction between RENTER AND OR CHARTERs and Members even though we may from time to time provide tools that relate to booking, such as a tool to enable a RENTER AND OR CHARTER to enter into a transaction to rent and or charter a specific boat directly from a Member and payment services to facilitate the booking. As a result, Boobur has no control over the accuracy or correctness of the content or information provided or used by such RENTER AND OR CHARTERs and Members. Any part of an actual or potential transaction between a RENTER AND OR CHARTER 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 AND OR CHARTER, or the ability of RENTER AND OR CHARTERs to pay for or operate boat rental and or charters are solely the responsibility of each User.
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 and or charter or charter in any jurisdiction. RENTER AND OR CHARTERs should satisfy themselves that any boat rented complies with any legal or safety requirements for such rental and or charter, and RENTER AND OR CHARTERs 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 OR CHARTER 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 and or charter of a boat or related products or services are under the sole control of any Member or provider and RENTER AND OR CHARTER.
Release and Indemnity. IN THE EVENT OF A DISPUTE BETWEEN A RENTER AND OR CHARTER AND A MEMBER, MEMBER AND RENTER AND OR CHARTER, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS BOOBUR AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “BOOBUR 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 AND OR CHARTER UNITS. FURTHER, MEMBER AND RENTER AND OR CHARTER EACH HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE BOOBUR PARTIES FROM ANY CLAIMS BROUGHT BECAUSE OF MEMBER AND/OR RENTER AND OR CHARTER’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. Boobur 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 is provided through, an independent insurance producer not affiliated with Boobur. Boobur 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. Any contract for insurance is solely between you, as the insured, and such insurer as you and agree shall act as the insurer. Boobur has no control over and makes no representations regarding the coverage of any insurance you may purchase from. You acknowledge and agree that Boobur 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 Boobur 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 rental and or charters or transact legitimate boat rental and or charters 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 and or charter you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto; (vi) if you are booking a rental and or charter 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 and or charter of the boat; (vii) all information supplied by you to Boobur is true, accurate, current and complete, and (viii) if you have a Boobur account, you will safeguard your account information. 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. Boobur 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 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 AND OR CHARTER, you are responsible for opening an account, providing payment authorizations for 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 renter directly to the Member who posted the listing.
Deposits. RENTER AND OR CHARTERs are responsible for leaving the rented boat in the same condition it was in before you rented it. RENTER AND OR CHARTERs 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 Boobur 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 or charter and you will have an opportunity to respond, as set forth in such notice. We will only charge a deposit to RENTER AND OR CHARTER’s credit card after the rental and or charter is complete if the Member has made a claim and the deposit amount has been deemed appropriate after investigation of the claim.
Substitution of Rental and or charter Units. RENTER AND OR CHARTER 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 AND OR CHARTER due to it being unavailable, Member may provide RENTER AND OR CHARTER with a substitute unit that is similar in age, size, model, and value as the reserved boat/other water craft. Member shall provide RENTER AND OR CHARTER with notice of the need for a substitution of unit(s) as soon as reasonably possible, as well as provide RENTER AND OR CHARTER with pictures and a description of the substitute unit upon request. If Member is unable to provide RENTER AND OR CHARTER with a similar substitute unit (as described herein), RENTER AND OR CHARTER 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 AND OR CHARTER shall not be entitled to any refund, and shall be obligated to pay all sums owed, if Member offers RENTER AND OR CHARTER a similar unit (as described herein) and RENTER AND OR CHARTER nevertheless refuses to complete and/or terminates the reservation. If there is a dispute between RENTER AND OR CHARTER and Member as to whether the substitute unit offered by Member is sufficiently similar to the unit reserved by RENTER AND OR CHARTER, Boobur shall make the final determination, in its sole discretion, and RENTER AND OR CHARTER and Member agree to abide by Boobur’s determination.
Taxes. The rental and or charter/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. Boobur may charge applicable taxes to RENTER AND OR CHARTER’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, Boobur will withhold VAT from your payment.
Cancellation and Refund Policy. If Member cancels an accepted rental and or charter before the rental and or charter is commenced, RENTER AND OR CHARTER shall be refunded all sums paid to Boobur for the rental and or charter, other than the Transaction Fee.
If RENTER AND OR CHARTER cancels an accepted rental and or charter before the rental and or charter is commenced, Boobur shall return to RENTER AND OR CHARTER a “Cancellation Refund,” as specified below.
If, for any reason, the RENTER AND OR CHARTER’s separate rental and or charter 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. RENTER AND OR CHARTERs 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 Boobur issues a Cancellation Refund to RENTER AND OR CHARTER that is less than 100% of the rental and or charter price, Members will be credited with the non-refunded portion of such rental and or charter price on the Member’s next rental and or charter that is successfully completed through Boobur.
The Member will be debited the cancellation fees on the next rental and or charter that is successfully completed through Boobur. RENTER AND OR CHARTERs are subject to the cancellation terms set forth in the terms of each listing. Additionally, if a Member cancels a rental and or charter for any reason other than weather or another circumstance effecting the safety of the RENTER AND OR CHARTER, such Member (rather than the RENTER AND OR CHARTER) will be charged the Transaction Fee for the rental and or charter, as set forth above.
Member understands and acknowledges that Boobur acts merely as a conduit for reservations and payments between RENTER AND OR CHARTERs and Members, and Member assumes all rental and or charter payment risk. IF A RENTER AND OR CHARTER OBTAINS A CREDIT CARD CHARGEBACK AGAINST BOOBUR, FOR ANY REASON, AND BOOBUR 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 BOOBUR ALL SUCH AMOUNTS.
Use of Website. The content and information on Boobur’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 Boobur, its licensors, its suppliers and providers. While you may make limited copies of your booking documents (and related documents) for boat rental and or charters 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 Boobur’s discretion, an unreasonable or disproportionately large load on Boobur’s infrastructure;
•deep-link to any portion of this Website (including, without limitation, the purchase path for any boat rental and or charter 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 BOOBUR 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 Boobur 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 Boobur, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Boobur by someone else.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing support@Boobur.com and saying “I opt out of arbitration” in the email within 30 days of first registering your account.
You and Boobur agree that any dispute, claim or controversy arising out of or relating to this agreement whether between you and Boobur 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 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 Boobur 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 Boobur 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 Boobur 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 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 Boobur or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, Boobur 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 Boobur.
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 Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and 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 AND OR CHARTER or Member’s purported identity. Notwithstanding the foregoing, you agree that you will provide us or the Member with whom you book a rental and or charter whatever proof of identity we may reasonably request.
You agree to (i) keep your password and online ID for both your Boobur 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 Boobur 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 Boobur 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 Boobur 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 BOOBUR 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 BOOBUR 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.
BOOBUR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO RENTER AND OR CHARTERS OR MEMBERS THAT:
•THE INFORMATION PROVIDED BY RENTER AND OR CHARTERS OR MEMBERS IS TRUE OR CORRECT,
•BOAT RENTAL AND OR CHARTERS 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 BOOBUR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO RENTER AND OR CHARTERS, 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 RENTAL AND OR CHARTERS) OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF BOOBUR 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 BOOBUR 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 BOOBUR 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 BOOBUR’S SERVICES. YOU AGREE THAT BOOBUR IS NOT A PARTY TO ANY CONTRACT OR AGREEMENT FOR BOAT RENTAL AND OR CHARTERS AND IS IN NO WAY RESPONSIBLE FOR INJURIES TO PERSONS OR DAMAGE TO PROPERTY WHICH MAY OCCUR DURING OR RELATED TO A BOAT RENTAL AND OR CHARTER WHETHER AS A RESULT OF THE NEGLIGENCE OF ANY RENTER AND OR CHARTER, BOAT OPERATOR, OR MEMBER, OR THE SAFETY OF ANY BOAT OR FOR ANY OTHER REASON. YOU ACKNOWLEDGE AND AGREE THAT BOOBUR SHALL HAVE NO LIABILITY RELATED TO YOUR BOOKING AND RENTAL AND OR CHARTER OF A BOAT, AND ANY SUCH BOOKING AND/OR RENTAL AND OR CHARTER IS MADE AT THE RENTER AND OR CHARTER’S AND MEMBER’S SOLE RISK.
Notwithstanding the Terms, if Boobur is held liable, Boobur’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 Boobur 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 OR CHARTER AND A MEMBER, MEMBER AND RENTER AND OR CHARTER, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS BOOBUR AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “BOOBUR 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 AND OR CHARTER UNITS. FURTHER, MEMBER AND RENTER AND OR CHARTER EACH HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE BOOBUR PARTIES FROM ANY CLAIMS BROUGHT AS A RESULT OF MEMBER AND/OR RENTER AND OR CHARTER’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. Boobur 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 Boobur’s prior consent, except you may make limited copies of your booking documents (and related documents) for boat rental and or charters 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 Boobur (“Third-Party Websites”). Boobur’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 Boobur. Boobur 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.
No Responsibility for Acts of God. Boobur 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 Boobur. Boobur 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 Boobur 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. Boobur 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 Boobur.
Non-Endorsement. Boobur does not recommend one Member over another and does not provide advice to users regarding which Member to select for the rental and or charters. All comments or reviews posted by Boobur users, RENTER AND OR CHARTERs, or Members on our Website do not represent the views of Boobur in any way and are not endorsed by Boobur 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 Boobur 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 Boobur’s Services shall be communicated to Boobur 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 Boobur not communicated as provided by this Section.
Any rights not expressly granted herein are reserved by Boobur.
Member Interface Agreement
Member Relationship with Boobur. This Agreement sets forth the Terms and Conditions of Member’s use of Boobur’s products, software, services and web Website(s) (collectively “Services”). Boobur means Boobur LLC, d/b/a Boobur and Boobur.com. (Boobur 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 Boobur’s Services. Boobur 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 Boobur’s Services and cancellation of Member’s Boobur account.
“Customer”, “RENTER AND OR CHARTER”, or “User” mean a person or organization that purchases Rental and or charters from Member with the assistance of Boobur’s Services.
“Boobur Website”, or “Website” mean the World Wide Web Website owned by Boobur and which has the URL www.Boobur.com and all other web Websites owned or operated by Boobur over which Boobur offers online advertisement services.
“Member”, or “you” mean any registered user of Boobur’s Services that uploads boat rental and or charter solicitations and any related information to Boobur’s Web Website for the purposes of holding out and offering boat rental and or charters or boat rental and or charter services through the Boobur Website. Members include any party involved in offering or providing boat rental and or charters to Boobur Users.
Acceptance. Use of Boobur 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 Boobur 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. Boobur will use commercially reasonable efforts to ensure that interfaces to Member and User access to Boobur Services are available without interruption, except for any scheduled down time needed to maintain the effective operation of the Boobur Website and when service interruptions are caused by conditions outside of Boobur’s control. Boobur 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 Boobur 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. Boobur 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 Boobur the rights to use such Content in connection with providing the services.
Boobur 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 RENTER AND OR CHARTERs, 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 Boobur 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 Boobur 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. Boobur 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 Boobur 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 Boobur’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 Boobur’s Service.
Photographs. If you choose to use the Boobur’s photography service, you agree that Boobur 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 Boobur Website, and perform all actions necessary to comply with the Boobur 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 and or charter 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 AND OR CHARTER identification and travel documentation, as applicable.
It is the Member’s responsibility to:
• fully vet, train, and make RENTER AND OR CHARTERs aware of safety features, and ensure there is insurance coverage for each rental and or charter.
• 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 or charter 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 about your participation in the Services.
Content and Layout
All Content and copy edits submitted by Members are subject to review and approval at Boobur’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 Boobur (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 and or charter services being offered for sale by the Indemnifying Party.