Terms & Conditions

Last Updated on May 20, 2024 By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to Boat Savvy, Inc., and their affiliates, parents, and subsidiaries (collectively, “Boat Savvy,” the “Company” or “us”) and/or participating in the Company’s “Get Started Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent boat service providers for Get Started Services offered through the Company, as it may be modified, relocated and/or redirected from time to time. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Company’s services. The Company’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using the Company’s services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use the Company’s services is personal to you and is not transferable to any other person or entity. 1. The Service BoatSavvy (boatsavvy.co) is an online directory that connects boaters “Users” with U.S. Coast Guard licensed captains “Service Providers” for the purpose of providing boating lessons. When you submit a request through our website, we will attempt to match you with an available licensed captain in our directory based on your preferences and location. If we do not have a captain meeting your criteria in our existing directory, we may conduct our own search to try to locate an available licensed captain to potentially provide lessons to you. However, BoatSavvy does not employ or contract directly with the captains listed. While we strive to verify captains’ licensing information to the best of our ability, BoatSavvy is not liable or responsible for the actions, conduct, or services provided by any of the independent captains. We are solely an online marketing platform to facilitate connections between boaters and licensed captains. All arrangements and responsibilities lie between you and the captain you ultimately select and hire. Please thoroughly vet and make your own determinations about the qualifications and trustworthiness of any captain prior to engaging their services. BoatSavvy makes no warranties about the captains or boating lessons provided. SCREENING FOR GET STARTED SERVICES For Get Started Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Get Started Services, we ask potential Service Providers to provide a picture of their captain’s license, including their license number and type. We also ask if they have ever been convicted of a misdemeanor or a felony, and we request information about their years of experience in boating, as a captain, and performing training lessons. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. You should make whatever investigation or other inquiries that you deem necessary or appropriate before participating in Get Started Services. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND LICENSE INFORMATION IS UP TO DATE. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER’S PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH ANY GET STARTED SERVICES. 2. Eligibility and Accounts You must be at least 18 years old to access or use the Service. To use core features of the Service, you must register for an account (“Account”) and provide complete and accurate information about yourself. You are solely responsible for the activity that occurs on your Account. You are responsible for keeping your Account password secure. BoatSavvy is not liable for any loss or damage from your failure to protect your password. You must not create an Account for anyone other than yourself. You are responsible for maintaining the confidentiality of your Account. BoatSavvy reserves the right to suspend or terminate your Account if you provide inaccurate, misleading or fraudulent information, or information that suggests illegal, dangerous or unethical acts. 3. Use of the Service You agree not to use the Service to: – Violate any laws, regulations or third party rights. – Post inaccurate, misleading or fraudulent information. – Transmit any viruses, worms, defects or trojan horses. – Reproduce, duplicate, copy, sell, resell or exploit the Service for any commercial purposes. – Frame or utilize framing techniques to enclose any trademark or logo of BoatSavvy. – Use any data mining, robots or similar data gathering or extraction methods. – Attempt to reverse engineer, decipher, decompile, disassemble or otherwise reduce any software used to provide the Service to human-readable form. BoatSavvy grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access the Service and use the features made available to you, subject to these Terms. BoatSavvy reserves all rights not expressly granted in these Terms. BoatSavvy reserves the right to modify, update, suspend or discontinue the Service at any time for any reason, without notice or liability. 4. Content The Service may contain or make available content, including but not limited to text, images, videos, reviews and comments (“Content”). Content posted by Users. Users may post Content to the Service, including reviews of Captains and other User Content (“User Content”). You are solely responsible for Your Content. You represent and warrant that you own or have the necessary rights and permissions to use and authorize BoatSavvy to use Your Content as described in these Terms. BoatSavvy Content. All other Content is provided by BoatSavvy and its licensors (“BoatSavvy Content”). BoatSavvy owns and reserves all intellectual property rights in the BoatSavvy Content. You may not use, modify or reproduce BoatSavvy Content without prior written consent from BoatSavvy. Monitoring Content. BoatSavvy does not control, verify or monitor User Content. BoatSavvy may remove any User Content at any time without notice, at BoatSavvy’s sole discretion. 5. Fees and Payments BoatSavvy may charge fees to Captains to use certain features of the Service. Applicable fees will be disclosed to Captains prior to use of such features. Captains are solely responsible for payment of all applicable fees. Non-payment of fees may result in suspension or termination of Captain accounts. BoatSavvy uses third party payment processors to facilitate payments. BoatSavvy does not store any payment card information. Use of third party payment processors is subject to the terms and conditions and privacy policies of those providers. Refunds. BoatSavvy does not provide refunds for any fees paid by Captains. In the event of extenuating circumstances, requests for refunds may be considered by BoatSavvy on a case-by-case basis. 6. Disclaimers and Limitation of Liability The Service is provided on an “as is” and “as available” basis. BoatSavvy makes no representations or warranties of any kind, express or implied, as to the operation of the Service. BoatSavvy disclaims any liability for User Content. BoatSavvy is not liable for the conduct or services provided by any User, whether “Captain” or “Student” or any other involved parties. In no event shall BoatSavvy be liable for any indirect, punitive, incidental, special, consequential or exemplary damages arising out of or in any way related to the use of the Service. BoatSavvy’s total aggregate liability relating to or arising out of your use of the Service shall not exceed the total fees paid by you to BoatSavvy, if any, in the prior 12 months. Certain state laws do not allow limitations on implied warranties or exclusions of damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY INCLUDING WITHOUT LIMITATION THOSE ARISING OUT OF OR RELATED TO ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE PRODUCT, OR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE PRODUCT, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE PRODUCT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, AND TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL THE AGGREGATE, CUMULATIVE LIABILITY OF THE COMPANY PARTIES FOR ANY AND ALL REASONS TO ANY PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE PRODUCT, OR A SEPARATE ADVERTISING AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO COMPANY UNDER THE RELEVANT ADVERTISING AGREEMENT DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE. RECOVERY OF THIS AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY APPLICABLE DAMAGES.

TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE COMPANY PARTIES BE LIABLE FOR LOST PROFITS HOWSOEVER ARISING OR FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF, BASED ON, RESULTING FROM, OR IN CONNECTION THESE TERMS OF USE, THE PRODUCT, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IN THIS PARAGRAPH IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED ABOVE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS.

NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF USE MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ARISEN. THE PROVISIONS OF THIS SECTION APPLY WITHOUT REGARD TO THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE GROUNDED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER CAUSE OF ACTION.

THE WAIVERS AND RELEASES SET FORTH IN THESE TERMS OF USE INCLUDE CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE OR WHICH YOU DO NOT PRESENTLY SUSPECT TO EXIST WHICH, IF KNOWN BY YOU, WOULD MATERIALLY AFFECT YOUR WAIVER AND RELEASE SET FORTH ABOVE. IF YOU ARE A CALIFORNIA RESIDENT, YOU SPECIFICALLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE PRODUCT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY THROUGH THE PRODUCT CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE.

7. Indemnification You agree to indemnify, defend and hold harmless BoatSavvy and its officers, directors, employees, agents, licensors, suppliers and any third party information providers (“Indemnified Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or your use of the Service. BoatSavvy reserves the right to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate as fully as reasonably required in the defense of any claim. 8. Modifications to the Service BoatSavvy reserves the right to modify or discontinue the Service at any time for any reason, without notice. BoatSavvy shall not be liable for any modification, suspension or discontinuance of the Service. BoatSavvy may also change, amend or modify these Terms from time to time. The most current version will be posted on the Service. You are responsible for reviewing and becoming familiar with any changes. Your use of the Service following any changes constitutes your acceptance of the revised Terms. 9. Termination BoatSavvy may suspend, restrict or terminate your access to the Service at any time, for any reason, without notice or liability. Grounds for restriction, suspension or termination may include violations of these Terms. Sections 6, 7, 9, 10 and 12 shall survive any termination of these Terms. Suspension, restriction or termination shall not preclude BoatSavvy from pursuing any remedies available to it. 10. Dispute Resolution These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms shall exclusively be brought in the state or federal courts located in New York. You consent to personal jurisdiction and venue in these courts. 11. General Provisions These Terms constitute the entire agreement between you and BoatSavvy relating to use of the Service. BoatSavvy’s failure to exercise or enforce rights under these Terms does not constitute a waiver of such rights. You may not assign or transfer these Terms or your rights under these Terms. BoatSavvy may assign these Terms at its sole discretion. Should any provision of these Terms be held invalid or unenforceable, the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable. The invalidity or unenforceability of one provision shall not affect any other provision of these Terms. BoatSavvy’s trademarks may not be used in connection with any third party product or service without BoatSavvy’s prior written consent. 12. Contact Us Please contact us at info@boatsavvy.co with any questions regarding these Terms. 13. Privacy BoatSavvy takes privacy seriously. Please refer to our Privacy Policy for information about how we collect, use and disclose information about our users. The Privacy Policy is incorporated by reference into these Terms. By using the Service, you agree to the terms of our Privacy Policy.