Terms of Services Agreement for Consumers and Service Providers.
Thank you for using Boaters List Inc.(“Company”) for marine products or services. The Company offers consumers the ability to book certain services and purchase products through our Site (Site). Our Terms of Service Agreement applies to Consumers and the Company’s Service Providers. A Service Provider is anyone who offers products or services on our Site. The Company offers these services through its mobile applications, on both Apple and Google Play, along with its primary site located at www.boaterslist.com.
Our Terms of Services Agreement is a legally constructed agreement between Boaters List Inc. and you, the Service Provider, acting in the form of a business entity, or as an individual. The law governing and venue for this Agreement is the State of Texas, County of Bexar, San Antonio, Texas.
Boaters List Inc. maintains offices and registered address is:
111 West Olmos Drive
San Antonio, Texas 78212
Attn. Legal Department
The Terms of Service Agreement controls and governs the use of the Company’s online Products and Services(“P&S”), whether found on the website, mobile application, or otherwise.
Boaters List Inc. and the Service Providers are each referred to herein as a “Party”, or collectively, as the “Parties”.
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY SIGNIFICANTLY IMPACT A USER'S RIGHTS CONCERNING HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.
BY USING THE BOATERS LIST OR AN AFFILIATE BOATERS LIST SITE, YOU ACCEPT THE TERMS OF SERVICE AGREEMENT AND ARE BOUND TO THE TERMS AND CONDITIONS SET FORTH HEREIN.
The Terms of Services, and the conditions contained in each ancillary agreement, require your acceptance in order to use our Site, its Products and Services. You have the option to not accept the terms set forth herein and can simply exit the Site. However, should you elect to use the Site and its Services, you agree to adhere to and unconditionally accept the Terms of Services Agreement and ancillary agreements.
Please read this Agreement carefully prior to using the Company’s Products or Services. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Site and discontinue the use of our Products & Services, immediately. If you agree to the terms of this Agreement on behalf of a legal entity, you confirm that you have the authority to bind that legal entity to this Agreement. If you do not have the authority to accept the terms of this Agreement on behalf of a legal entity, you are liable for all damages that the legal entity may suffer.
This Agreement will always remain in full force and effect and may be modified from time to time.
Definitions
By "Boaters List/boaterslist/us/we/our", we mean the Company itself, Boaters List Inc., along with the features and services we make available, through our Site, including the main website, www.boaterslist.com, or our applications found in the Google Play and Apple Stores.
By “Site”, we are referring to all aspects of Boaters List, its main website, its mobile applications, through its social media, or any other ancillary manner in which the service may be presented, offered, or provided.
By "Service Provider/you", we mean the person, agency, or company responsible for delivering and managing the Products or Services offered or rendered through Boaters List.
By "Customer/User/Users/You/Consumer", we mean the person, agency, or company paying for services delivered by the Service Provider through the Site.
By "Products and Services”, we mean the reservation of trips, tours, rentals of any type, accommodations, or the purchase and sale of certain items, through Boaters List, which Service Providers can make their products or services available online for reservation or booking, or for sale, and through which Customers can make such reservations/bookings, or purchases, with Service Providers.
By "Information" or "Content", we mean all data and information available on the Site including data and information about a Service Provider or Customer, as well as any other material presented to Users on the Site.
By "Listing", we mean the Service Provider’s information on its landing page or elsewhere on the Boaters List Site, or the hyperlinked advertisement of the same, listing its services that can be booked, reserved, purchased, or consumed by Users through the Site or listings linked through the Site.
By “Boaterslist Payment Systems” or “Boaterslist Payments”, we mean a feature on our Site which has been developed and protected by Boaterslist, that allows Service Providers to use a calendar, manage bookings, utilize payment processing facilitated through the Boaterslist Site.
By “Boaterslist Service Provider Agreement”, we mean a legal agreement that defines the terms between Boaterslist and the rights and obligations of the parties to that agreement. In the event that Boaterslist Service Provider Agreement and these Terms of Use are in conflict, the Boaterslist Service Provider Agreement will prevail.
By “Deposit Held” we refer to the process where the security or reservation deposit acts as the commission or fee. The commission or fee may range from 3% - 30%, depending on the Service being booked, or the Product being purchased. The fee or commission may be affected by the amount charged for the Product or Service. The security deposit or reservation fee is charged by Boaterslist on behalf of the Service Providers from the Customer, once a service is booked or a product is sold, while the remaining amount is directly paid to the Service Provider.
By “Online Payments” we mean a business model where the Customer has the option to pay the full amount for the service or product immediately when booking or buying the service or product. In the Online Payments the total trip price acts, at the same time, as a security deposit, settled with Boaterslist, on the Service Provider ’s behalf before the trip.
Accessing the Website and Boaterslist Services
To register with Boaterslist, Users may be asked to provide certain registration details or other information, all of which is governed by the Boaterslist Privacy Policy. By registering with Boaterslist, Users represent and warrant that all registration information submitted, including, without limitation, all first and last names, email addresses, mobile telephone numbers, nationalities, payment information, ownership information, and all other information provided is completely accurate.
By registering with Boaterslist or providing information for its use, Users represent and warrant that they are of legal age to enter into a binding contract, or if they are a legal entity, that they are authorized to enter into and bind the entity to this Agreement and perform the terms and conditions of this Agreement. Boaterslist reserves the right to refuse service, terminate accounts, remove or edit content at its sole discretion and timing.
Users are solely responsible for maintaining the confidentiality, security, and correctness of their registration information. Users are solely responsible for all activities, liabilities and damages that occur under their account or password or from their failure to maintain password confidentiality. Users agree that Boaterslist shall not be liable for any losses or damages arising from their failure to keep their username, password, or other registration information secure. Users agree to notify Boaterslist immediately of any unauthorized access to, or use of, their username or password or any other breach of security. Users agree to comply with all applicable laws regarding online conduct and acceptable content.
Boaterslist reserves the right to withdraw or amend its Site or any of the Boaterslist Products or Services, and any product, service or material provided on the Site or the Boaterslist Products or Services, at Boaterslist 's sole discretion, without notice. Boaterslist will not be liable to Users if, for any reason, any part of or the entire Site or Boaterslist Services are unavailable for their access or use at any time or for any period. From time to time, Boaterslist may restrict access to some parts of the Site, or the entire Site, to Users, including registered users. Users are responsible for:
Making all arrangements necessary for them to have access to the Website,
Ensuring that all persons who access the Website through their device are aware of this Agreement and comply with it.
Site Uptime
Boaterslist will use commercially reasonable efforts to ensure that interfaces to User access to Boaterslist Services are available without interruption, except for any scheduled downtime needed to maintain the effective operation of the Boaterslist Site and when service interruptions are caused by conditions outside of Boaterslist 's control. Boaterslist in no way guarantees that Services will be available without interruption.
Maintenance of Site
Related to Site Updates, maintenance, or installing new modules, Boaterslist reserves the right to alter, update, or cancel its Service at any time. Boaterslist may conduct such updates for security reasons, intellectual property, or other reasons at its discretion, and is not required to explain such modifications.
Scope of Services
Boaterslist only acts in the capacity of an intermediary on behalf of the Service Provider or other Principal that is providing the Services. By making a booking through Boaterslist, Customers are getting into a contract directly with the Service Provider and they will be subject to the Service Provider 's terms and conditions. The delivery terms and conditions of a Service Provider can be obtained from the relevant Service Provider, if requested, prior to a booking being confirmed or along with the booking confirmation. By confirming a booking, Customers are accepting the terms and conditions of the Service Provider as well as the Boaterslist Terms and Conditions. If there is a discrepancy between the Service Provider 's private cancellation policy and that stated on their Boaterslist Listing, the one stated on the listing applies.
Boaterslist shall not be liable for anything stated in the Service Provider 's terms and conditions. Boaterslist 's Agreement with Users sets out what User rights and obligations are when they book or reserve fishing trips through Boaterslist.
From the point at which a Customer, User or Consumer makes a reservation, Boaterslist acts solely as an intermediary between the Customer and the Service Provider, transmitting the details of the reservation to the relevant Service Provider and sending the Customer a confirmation email for and on behalf of the Service Provider.
Boaterslist will do our best to assist you, but will have no liability and expressly disclaim any liability in relation to the performance of the contract with the Service Provider, and this should be taken up with the Service Provider directly.
This Site is offered and available to Users who are eighteen (18) years of age or older. By using this Site or any of the Boaterslist Products or Services, you represent and warrant that you are eighteen (18) years of age or older and have legal capacity to form a binding contract. If you do not meet all of these requirements, you may not access or use the Site or any of the Boaterslist Products or Services. Boaterslist is not in any way liable for damages that may arise from you providing false information about your age. If you are using the Site or any of the Boaterslist Products or Services on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so. You may use the Site and the Boaterslist services only in compliance with this Agreement and all applicable local, state, national and international laws, rules and regulations.
Boaterslist makes available an online Site with related technology for Customers and Service Providers to meet online and arrange for bookings of trips, tours, events, activities, or the buying and selling of certain products, with each other. Boaterslist is not an owner, operator nor provider of the properties, including but not limited to boats, equipment, accommodations, etc. PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND BOATERSLIST PRODUCTS AND SERVICES ARE INTENDED TO BE USED TO FACILITATE CUSTOMERS AND SERVICE PROVIDERS CONNECTING AND BOOKING SERVICES OR PURCHASING PRODUCTS WITH EACH OTHER. BOATERSLIST IS NOT RESPONSIBLE FOR AND HEREBY DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACTIVITIES, WHETHER FOR TRIPS, TOURS, RENTALS, BUYING AND SELLING, OR ANY OTHER ACTIVITY OFFERED THROUGH THE SITE, CONTENT REGARDING DESCRIPTIONS CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY OF THE AFOREMENTIONED.
Prohibited Uses
The Site and Boaterslist Products and Services may be used only for lawful purposes and in accordance with this Agreement. Visitors to the Boaterslist Site and Users hereby agree not to use the Site or Boaterslist Products and Services:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit or procure the sending of any "junk mail", "chain letter", or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate Boaterslist, a Boaterslist employee, another User or any other person or entity (including, without limitation, by using email addresses or User screen names associated with any of the aforementioned).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Boaterslist, may harm Boaterslist or Users of the Site or expose them to liability.
Users and Visitors further agree to use the Site only for legitimate purposes. Users and Visitors agree to access the Site only in accordance with these Terms of Use, as amended. Users and Visitors agree not to engage in any of the following prohibited activities:
Using the Site or Boaterslist Products or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site or Boaterslist Products or Services, including their ability to engage in real time activities through the Site or Boaterslist Products or Services.
Using any automated system, including without limitation "robots", "spiders", "offline readers", etc. to access Boaterslist or Service Provider services in a manner that sends more request messages to Boaterslist or Service Provider servers than a human can reasonably produce in the same period of time by using a conventional online web browser.
Copying, distributing, or disclosing any part of the Boaterslist or Service Provider services in any medium, including without limitation by any automated or non-automated "scraping";
Accessing any content on Boaterslist or Service Provider services through any technology or means other than those provided or authorized by Boaterslist or Service Provider services.
Using any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Boaterslist ’s prior written consent.
Using any device, software or routine that interferes with the proper working of the Site.
Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, including uploading invalid data, viruses, worms, or other software agents through Boaterslist or Service Provider services;
Attempting to gain unauthorized access to, interfering with, damaging, or disrupting any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attacking the Site or Boaterslist Products or Services via a denial-of-service attack or a distributed denial-of-service attack.
Accessing, tampering with, or using non-public areas of the Site, Boaterslist computer systems, or its delivery processes, including but not limited to collecting or harvesting any personally identifiable information, including account names, from Boaterslist or Service Provider services.
Probing, scanning, or testing the vulnerability of any system or network or breach or circumvent the security or authentication measures.
Accessing, searching, or attempting to access or search the services by any means other than those specifically provided by Boaterslist.
Forging any TCP/IP header in any email or posting, or in any way using Boaterslist Products or Services to send altered, deceptive, or false source-identifying information.
Interfering with or disrupting the access of any Customer or Service Provider, attempting to interfere with, compromising the system integrity or security or deciphering any transmissions to or from the servers running Boaterslist or Service Provider services.
Otherwise attempting to interfere with the proper working of the Site.
Transmitting spam, chain letters, or other unsolicited email or using Boaterslist or Service Provider services for any commercial solicitation purposes.
Committing any harmful actions which may interfere with the regular functioning of the Boaterslist Site, product or services.
Impersonating another person or otherwise misrepresenting your affiliations with a person or entity, conducting a fraudulent activity, hiding, or attempting to hide your identity.
Bypassing the measures Boaterslist may use to prevent or restrict access to Boaterslist or Service Provider services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of Boaterslist or Service Provider services or the content therein.
No Spam
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the aforementioned, Users are not licensed to add another User, even a User who has booked Service Provider ’s services, to their mailing list (email or physical mail) without the Service Provider ’s or User’s expressed consent. Service Providers may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. Service Providers are responsible for all content they provide to the Site or through any tool or service provided on the Site and for their use of any personal information of Users they obtain through the Site or otherwise in connection with their participation in the Services.
Indemnification
Each Customer and Service Provider, by making use of any of the Services of Boaterslist or the Site agrees to release, defend, indemnify, and hold Boaterslist and our affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with their use of any of the Site or Boaterslist Products or Services. Notwithstanding any United States or other law relating to the limitation of liability, Service Providers and Customers agree to fully indemnify Boaterslist in the full amount of damages actually paid by Boaterslist pursuant to a dispute or controversy.
Users (the "Indemnifying Party") will defend and indemnify Boaterslist (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:
The Indemnifying Party's intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements);
The Indemnifying Party's breach of any representation, warranty, or covenant set forth herein;
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;
The Indemnifying Party's failure to collect all taxes, fees, and charges that may be applicable to the boat rental services being offered for sale by the Indemnifying Party;
The Indemnifying Party's failure to provide accurate information related to their listing which results in legitimate claims of false advertising.
Limitation of Liability
In no event will Boaterslist, its affiliates, or any of their licensors, service providers, employees, agents, officers, managers, or members be liable for damages of any kind, under any legal theory arising out of or in connection with, a User’s use or inability to use the Site, Boaterslist services, any websites linked to it, any content on the Site, or such other Sites or any other services or items obtained through the Site, Boaterslist services, or such other Sites including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, death, disability, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Amendment
Boaterslist may review and update this Agreement from time to time at its sole discretion and timing. All revisions, updates, or changes are effective immediately when they are posted to the Site and apply to all access to and use of the Site and Boaterslist Products and Services thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law; the Venue Section below will not apply to any disputes for which the parties have actual notice on or prior to the date the revision, update, or change is posted on the Site. The User's continued use of the Site or Boaterslist Products and Services following the posting of the revised, updated, or changed Agreement means and will constitute their acceptance and agreement to the revisions, update, or changes. Users are expected to check, read, and agree to this page each time they access or utilize Boaterslist Products and Services, so they are aware of any revision, update, or change, as they are binding on them immediately.
Force Majeure
Boaterslist will not be liable or responsible, nor be deemed to have defaulted or breached this Agreement for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, electronic outages, website, app or Internet malfunctions, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, lockdowns, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
Binding, Entire Agreement
This Agreement will be binding upon and inure to the benefit of the parties hereto and to their respective heirs, legal representatives, successors, and assignees. This Agreement and its exhibits and incorporated references stated herein sets forth the entire agreement and understanding between the parties as to the subject matter thereof and merges and supersedes all prior discussions, agreements, and understandings of any and every nature between them.
Notice
Any notice or other communication given hereunder will be deemed sufficient if in writing and sent by registered or certified mail, return receipt requested, overnight mail or courier addressed to Boaterslist at the address indicated on the top of this Agreement. Notices hereunder will be deemed to have been given on the date of mailing, except notices of changes of address, which will be deemed to have been given when received.
Governing Law, Venue
This Agreement and its validity, construction, and performance will be governed in all respects by the law of the State of Texas, notwithstanding its or any other jurisdiction's choice of law principles without regard to its conflict of law’s provisions. Any dispute or controversy arising out of, relating to, or in connection with this Agreement will be exclusively resolved in the State of Texas, through binding arbitration (see Arbitration).
Waiver, Severability
The waiver by Boaterslist of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. If any term or provision of this Agreement or the application thereof to any person or circumstance will, to the extent applicable, be invalid or unenforceable, the remainder of this Agreement and the application of such term of provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby and each term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law.
Class Action Waiver
Both you and Boaterslist agree that each may bring claims against the other in an individual capacity only. Neither you nor Boaterslist may bring a claim as a plaintiff or class member in any class action, consolidated action, or representative action. Both Parties waive the right to a jury trial.
Arbitration
Any dispute or claim relating in any way to your use of any of Boaterslist 's Services and its Site is resolved by binding arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated, and subject further to the provisions of the Texas Civil Practices & Remedies Code, Title 7., Alternate Methods of Dispute Resolution, Chapter 171, General Arbitration, Subsection 171a., General Provisions. The decision of the arbitrator will be final and binding upon all Parties. In the event that your claim is rejected, you are obliged to reimburse all costs, including but not limited to arbitration fees and any other legal fees, incurred in the proceeds.
No Third-Party Beneficiaries
Nothing contained herein is intended, nor will it be construed, to confer any rights or benefits upon any person (including, but not limited to, any employee, agent, contractor, officer, shareholder, member, manager or former agent of you) other than you, and no other person will have any rights or remedies under this Agreement.
Business Transfers
Boaterslist may sell, transfer, or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization, or sale of assets, or in the event of bankruptcy.
Security
Boaterslist is very concerned with safeguarding Users' information. When Users enter sensitive information (such as social security numbers) on Boaterslist registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If Users have any questions about the security of our Services, they can contact us via: better@boaterslist.com.
Boaterslist will make any legally required disclosures of any breach of the security, confidentiality, or integrity of our unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to Users via email or conspicuous posting on the Services in the most expedient time possible and without unreasonable delay, insofar as consistent with:
The legitimate needs of law enforcement; or
Any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Links to Other Websites
Links to Other Websites Our Services may contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement or click on another third-party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization, or representation unless specifically stated. Please note that we have no control over the content and practices of these third-party websites. Therefore, we cannot be held responsible for the protection and privacy of any information you provide while visiting such sites. We encourage you to exercise caution and review the privacy policies of these external websites before providing any personal information. Affiliate Links Disclaimer Some of the links on our website may be affiliate links, which means that we may earn a small commission if you click on the link and make a purchase. Any affiliate links will be clearly identified with a disclaimer next to them.
Access to Your Account
Boaterslist will have the right to access your account to make any changes to reservations, listings, or profile information at its sole discretion.
No Discrimination Policy
Boaterslist is the world's leading digital directory and Site dedicated to connecting consumers with providers of marine services or products. Boaterslist community of water lovers and boating enthusiast, are permitted to exchange services, products, or any other activity, regardless of race, color, ethnicity, national origin, religion, sexual orientation, disability, health, gender identity, or marital status. Boaterslist promotes and will continue to promote equality, acceptance, respect, and, above all else, our mutual love of the water. Boaterslist encourages all Boaterslist Users, both Service Providers and Customers, to act upon the same principles that Boaterslist stands for and to act with respect toward one another.
Boaters List Service Providers and Users are never permitted to:
Decline or cancel a booking or create or demand different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, disability, health, gender identity, or marital status.
Post any listing, review or make any statement that discourages or indicates a preference for or against any Service Provider or Community members on account of race, color, ethnicity, national origin, religion, sexual orientation, disability, health, gender identity, or marital status.
We are aware that some types of unequal treatment are perfectly legal and cannot form the basis for a civil rights case alleging discrimination. Service Providers and Users may decline, cancel, or reschedule a booking or sale based on factors that are not prohibited by law. Nothing prevents a Service Provider or a User from declining, canceling, or rescheduling a booking on the basis of a characteristic that is not protected under civil rights laws or closely associated with a protected class.
We are also aware that each country and state has safety regulations (that include but are not limited to age, weight, disability requirements, etc.) that need to be met and that Service Providers may have to cancel or reschedule a booking in order to comply with those regulations. These kinds of acts will not be considered discriminatory. Service Providers may, at their sole discretion, acting in good faith, cancel or reschedule a booking because of someone's age, weight, disability, etc. based on objective reasons (including but not limited to weather, tide, boat requirements) in order to prevent damage to people and property. These kinds of acts will not be considered discriminatory.
If a particular listing or review contains language contrary to this nondiscrimination policy, Boaterslist may, at its discretion change, remove, and take steps up to and including suspending and/or banning the Service Provider or User from the Boaterslist Site.
If the Service Provider improperly cancels a booking on the basis or age, disability, ethnicity, gender, marital status, national origin, race, religion, and sexual orientation demonstrating that his or her actions were motivated by factors prohibited by this policy, Boaterslist will take steps to enforce this policy, up to and including suspending and/or banning the Service Provider from the Site.
For more information regarding cancellations please read our Customer Specific Terms and Service Provider Specific Terms.
No Endorsement
Boaterslist does not endorse any Service Provider, or any Products or Services presented on the Site. Service Providers are required by this Agreement to provide accurate information, however, Boaterslist does not make any representations about, confirm, or endorse any Service Provider or any Service Providers purported identity or background. Boaterslist has no control over and does not guarantee the existence, quality, safety, suitability, or legality of any of the Service Providers information, the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other User Content, or the performance or conduct of any User or third party. Boaterslist does not endorse any Service Provider or its Products and Services. Any references to a User being "Verified" (or similar language) only indicate that the Service Provider has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification, or guarantee by Boaterslist about any Service Provider, including of the User’s identity or background or whether the User is trustworthy, safe or suitable. Users should always exercise due diligence and care when deciding whether to book a trip, accepting a booking request from a User, or communicating and interacting with other Users, whether online or in person. Verified Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken and are therefore not an endorsement by Boaterslist of any Service Provider or Listing. Any reference to a Service Provider having special designations only indicates that the Service Provider has fulfilled certain objective criteria and nothing else.
References on the Boaterslist Site, blog posts, or any specific commercial product, process, or service, are for Boaterslist 's purpose only, including the promotional purpose of the Site, and do not constitute an endorsement, recommendation, or favoring of any of the Site’s Users. By creating Premium Provider Lists or any similar content or by using testimonials of our Service Providers, we do not endorse nor promote any particular Service Provider, but the Boaterslist Site itself.
By using the Site, Users agree that any legal remedy or liability that they seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or other third party who caused them harm. Users agree not to attempt to impose liability on or seek any legal remedy from Boaterslist with respect to such actions or omissions.
Testimonials
By accepting the Terms of Services Agreement, you allow Boaterslist to post your testimonials or reviews on Products or Services, along with your full name. If you want your testimonial removed, please contact us via better@boaterslist.com.
Review Disclaimer
Boaterslist offers reviews for Service Providers based on Users reviews, or from 3rd party sources, such as “Yelp” or “Google Reviews”. Reviews on Boaterslist lists are generated for Service Providers that have a profile on the Site. The Boaterslist reviews include services offered, user searches, online searches, and direct User reviews.
The Boaterslist Review system provides a manner in which Consumers or Users can provide their feedback or experiences with the Service Provider. It is impossible for us to verify each review; thus, we rely on the User or Consumer feedback when applying the information to the Service Providers profile. These reviews should be seen strictly as opinions based on the User or Consumer experience but should not be relied on 100%. In order to choose a Service Provider on our Site, you must perform your own due diligence in order to come to well-informed decisions of your own.
The information on our site and in our Rankings are meant as a source of information for Site Users. Visitors must perform their own research and investigation before engaging in services with any Service Provider. Users agree to not hold Boaterslist and/or any members and/or any managers and/or any of our partners and/or suppliers liable for any decisions they make. Furthermore, Boaterslist is not liable for any statements, representations, descriptions, comments, or opinions posted on the Site. Boaterslist cannot guarantee the accuracy, integrity, or quality of Reviews as they are strictly opinions. Under no circumstances will Boaterslist or any third-party providers of the Reviews be liable in any way for any Review content, including, but not limited to, any errors or omissions in any Review(s), or any loss or damage of any kind incurred as a result of the use of the Review(s).
All of the Service Providers on the Boaterslist Site provide their own information, or sources they provide, and the User should use its independent judgment, analysis, and objective criteria provided. Boaterslist makes no representations or warranties as to the accuracy or factual basis of the Service Provider information. Users of the information provided hereby acknowledge and agree to perform their own due diligence in order to come to well-informed decisions of their own. The Users hereby acknowledge that the information provided is to be used as an instrument in making such decisions but should not be viewed as an authoritative end-all to any evaluations.
Boaterslist may, in its advertising efforts on different Sites, including but not limited to Google, YouTube, Bing, and others, use terms including but not limited to, “find services” in certain geo- specific locations, and similar. In any advertising efforts, Boaterslist always refers to Service Providers and listings presented on the Boaterslist Site, not to all existing Service Providers offering Products or Services are mentioned by geo-specific location.
Our Terms of Service and Site Use include other agreements, policies, and specific terms. Those documents are not limited to the following: Privacy Policy, Customer Specific Terms, Payment and Pricing Terms, Content Terms, Affiliate Terms, Intellectual Property Assignment Agreement, Online Payment Model Agreement, Site Rules and Guidelines and Extenuating Circumstances policy).