By creating a new account, registering, accessing, or using our Services (described below), all parties hereto are agreeing to enter into a legally binding contract with Boatur, LLC doing business as Boatur, (hereafter referred to as “Boatur”, “we”, “us”, or “our”). If you do not agree that these Terms and Conditions (“Terms”) form a legally enforceable contract with you, or you do not wish to agree to these Terms, do not register “sign up” and do not access or otherwise use any of Boatur’s Services. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using Boatur’s Services. Failure to use the Services in accordance with these Terms may subject you to civil and / or criminal penalties. You agree to comply with and be legally bound by these Terms, whether or not you become a registered user of Boatur and the Services. These Terms govern your access to and use of the Services and all Content (defined below). These Terms constitute a binding legal agreement between you and Boatur.

Boatur is a social media company, an information content provider and access software provider, as those terms are used in the 47 US Code § 230 et al, that provides an online platform that fosters communication between Owners of Vessels (as defined below) to rent with Renters seeking to rent such Vessels. Boatur’s online platform is accessible as the Boatur application or “App,” the website https://www.Boatur.com and any other websites through which Boatur makes the platform available (collectively, the “Site") along with any other websites, applications, features, software or services provided, owned, leased, lent, let or operated by Boatur that link to these Terms are, collectively, the “Services”. Your use of our Services is also subject to our Privacy Policy. Other services offered by Boatur may be subject to separate terms.

NOTWITHSTANDING YOUR AGREEMENT TO CONTRACT WITH BOATUR, YOU UNDERSTAND AND AGREE THAT BOATUR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS BOATUR A VESSEL BROKER, AGENT OR INSURER. BOATUR HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY VESSELS, AND MAKES NO REPRESENTATIONS, PROMISES OR WARRANTIES CONCERNING SAME; BOATUR EXPRESSLY AND EXPLICITLY DENIES ANY DUTY OWED TO YOU AND ALL CLAIMS AND LIABILITY IN THIS REGARD.

When using or opening an account with Boatur on behalf of a company, individual, or organization, you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind that organization to these Terms and grant the licenses set forth; and (ii) agree to these Terms on behalf of such entity.

From time to time, the Terms and Conditions may be altered or changed to better reflect the services offered and duties of the parties. You have a duty to remain familiar with these terms and conditions of service, and the changing duties and responsibilities of the parties. By continuing to use the Services, all Users and Parties to this Agreement consent to the changes made.

“Arrival” means the end of a Voyage; when the Vessel returns to Owner’s dockage.

“Boatur Content” means all Content that Boatur makes available through the Services, including any Content licensed from a third party, but excluding Member Content.

“Boatur’s Fee” is a flat rate of 20% of the Owner assessed rental fee (which amount includes the daily rate plus any optional fees such as cleaning or refueling fees and taxes) to Renter; Boatur’s fee is earned as soon as Boatur’s third party fee processing service (currently Stripe, but this is subject to change) receives the funds, regardless of whether the Voyage is canceled or refunded for any reason by Owner or Renter. Boatur may, in its sole discretion, reduce its fee to less than 20% as an accommodation to certain Hosts based on factors such as popularity of or demand for a certain vessel, size of a Host’s fleet, etc.

“Booking” means the use of Boatur’s online platform process to reserve a Vessel and arrange for payment.

“Captained charter” means an arrangement with a Vessel owner where someone provided by the Vessel Owner, not the renter, controls and/or operates the Vessel. The verb, “Captain” means the service of controlling the operation of a Vessel, which service is provided by Owner, not Renter; A Captain “operates” the Vessel for the renter.

“Captained Available Voyage” is a traditional rental experience (guest rents vessel and operate the vessel for themselves) however the Guest has the option at checkout to Hire a Captain (to be provided by Host) to operate the vessel for the Guest – for an additional $100 per day. If the Guest chooses to Hire a Captain, the Captain operates the vessel for the duration of the voyage.

“Chartered Voyage” is a bookable excursion such as Fishing Charters, Day Cruises, Sunset/Sunrise Cruises, Airboat Tours, Dolphin Tours, or other experience where the vessel would be operated by a Captain and the Guest will be a passenger and/or recipient of an excursion experience (such as fishing charters), similar to as mentioned above in Captained Charter. A further distinction is that Chartered Voyages are booked by the time slot (Morning, Afternoon, Full Day) rather than by the Day.

“Content” means text, graphics, images, music, software, audio, video, information and any other content or materials, digital or otherwise.

“Departure” means the start of a Voyage; begins when Renter arrives at Owner’s dockage at or near the appointed time.

“Host” means the individual or entity using the Services to advertise and make available to Renters a Vessel; a Host is frequently, but not always a Vessel Owner

“Renter” means a Member who requests a booking of a Vessel via the Services, or a Member who uses a Vessel and is not the Owner for such Vessel.

“Owner” means a person who creates and manages a Listing via the Services, is responsible for approving rentals, checking in or out a Renter, or responding to messages on the website. The Owner does not have to be the lawfully registered or titled owner of the Vessel, but does need to be appointed and approved by the lawfully registered or titled owner of the Vessel, and be given actual authority to act. See “Host.”

“Listing” means a Vessel that is listed by an Owner as available for rental via the Services.

“Member” means a person who completes Boatur's account registration process, including but not limited to Owners and Renters, and/or who otherwise accesses or avails himself to Boatur Content.

“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.

“Self Guided Voyage” is a traditional rental experience, similar to a car rental. The Guest operates the vessel, and it is not operated by anyone affiliated with the Owner of the vessel.

“Services” means any of the several contracted duties and obligations owed and performed by Boatur to Vessel owners, guests, renters and others who contract through Boatur’s several online booking platforms.

“Charter” A rental of a Vessel supported by a written agreement whereby the Vessel Owner makes the Vessel available to the Renter but the Owner remains responsible for all aspects of operating the Vessel including but not limited to manning and provisioning the Vessel. An Owner of a Vessel rented pursuant to a Charter must ensure compliance with all applicable coast guard, local, state and federal laws for the specific type of operation of the Vessel.

“Tax” or “Taxes” mean any sales taxes, goods and services taxes, value added tax (VAT), and any other applicable or similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

“Vessel” means any type of watercraft including, but not limited to sailboats, powerboats, rowboats, rowing shells, ski vessels, yachts, houseboats, kayaks.

“Voyage” means the period of physical occupancy of the Vessel by Renter from Departure to Arrival.

NOTE: Any of Boatur’s various Apps, websites, documents, content, services or written memorization thereof may use different terms or conditions than those defined here for the same or substantially similar thing. If there is any conflict between those terms and the one defined herein, the former will take precedence of definition and use.

The Services can be used to facilitate the listing and booking of Vessels. Such Vessels are included in Listings on the Services by Owners. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a Vessel or create a Listing, you must first register to create a Boatur Account (defined below). As stated above, Boatur makes available a platform or marketplace with related technology for Renters and Owners to meet online and arrange for bookings of Vessels. Boatur is not an Owner or operator of Vessels nor is it a provider of Vessels. Boatur does not own, sell, broker, market, resell, furnish, provide, rent, re-rent, manage and/or control Vessels. Boatur's responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Owner for the sole purpose of accepting payments from Renters on behalf of the Owner.

NOTE: Boatur’s Services do not include control over the content contained in any of the listings and/or the condition, legality or suitability of any Vessels. Boatur has zero control over and therefore disclaims any and all liability related to any and all listings and Vessels. Therefore, all bookings are made at the renters and owners sole and exclusive risk.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY VESSELS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER BOATUR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY VESSEL VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT BOATUR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

The Services are intended solely for persons who are 21 or older. Any access to or use of the Services by anyone under 21 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 21 or older.

In order to access certain features of the Services, and to book a Vessel or create a Listing, you must register to create an account (“Boatur Account”). You agree and promise to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Boatur reserves the right to suspend or terminate your Boatur Account and your access to the Services if any of the information you provide is inaccurate, not current or incomplete.

As part of the Boatur Account registration process, you will be required to create a password. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Boatur Account, whether or not you have authorized such activities or actions. You will immediately notify Boatur of any unauthorized use of your Boatur Account. You may not give, lend, sell, rent, or lease your Boatur Account to anyone else.

As an Owner Member, you may create Listings. You will be asked a variety of questions about the Vessel to be listed, including, but not limited to, the value, location, size, features, availability of the Vessel, pricing, related rules, and financial terms. Pricing should reflect the size and qualities of the Vessel. You acknowledge and agree that Listings will be made publicly available via the Services. Other Members will be able to book your Vessel via the Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Vessel, the price for such booking may not be altered.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, a Vessel in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Vessel or service included in a Listing you post, including, but not limited to, insurance requirements, coast guard regulations, zoning laws, marina regulations, and laws governing rentals and operation of Vessels and (b) not conflict with the rights of third parties.

Owner represents and warrants to Boatur and Renter(s) that any/all hull numbers or similar Vessel identification numbers match any relevant federal, state or local Vessel registrations.

NOTE: Boatur assumes no responsibility for an Owner's compliance with any applicable laws, rules and regulations. Boatur reserves the right, at any time and without prior notice, but without obligation to do so, to remove or disable access to any Listing for any reason, including Listings that Boatur, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services. These may include inspections of Vessels by Boatur or as a consequence of guest, user or renter feedback, reviews or complaints.

Owners and Members understand and agree that Boatur does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your Vessel and uses your Vessel, any agreement you enter into with such Renter is between you and the Renter, Boatur is not a party thereto. Notwithstanding the foregoing, Boatur serves as the limited authorized payment agent of the Owner for the sole purpose of accepting payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner. When an Owner or Member creates a Listing, you may also choose to include certain lawful requirements that must be met by the Members or Renters who are eligible to request a booking of your Vessel, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Vessel.

Any Member wishing to book Vessels included in Listings with such requirements must meet these requirements. Notwithstanding, Boatur promises no attempt to confirm or verify such information and Boatur’s platform services do not provide a direct means for conveying this information.

Boatur provides limited resources to Owners to help make informed decisions about which Members you choose to confirm for booking your Vessel. You acknowledge and agree that, as an Owner, you not Boatur, are responsible for your own decisions, acts and omissions. Notwithstanding this provision, all bookings are made without the approval of the Host. The Host has the absolute right to review any booking that has been made and for any lawful reason cancel the booking through the Services prior to the Departure time.

Boatur cannot and does not make any attempt to verify or confirm the accuracy of information provided about Members, Owners, Renters of Vessels. That is not a duty or obligation of Boatur. Even though these Terms require Members to provide accurate information, Boatur does not attempt to confirm any Member's purported identity or other information provided by such Member. You are responsible for determining the identity and suitability of others who you contact via the Services. Boatur is not responsible for any damage or harm resulting from your interactions with other Members. By consenting and using these Boatur’s Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against those particular Members or other third parties and you agree not to attempt to impose liability on, or seek any legal remedy from Boatur. Boatur strongly encourages direct communication among and between other Members on the Services regarding any bookings or Listings made by you. NOTE: This limitation shall not apply to any claim by an Owner against Boatur regarding the remittance of payments received from a Renter by Boatur on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability.”

Notwithstanding the foregoing, Boatur requires that all persons serving as a Captain for a voyage are lawfully registered and licensed to do so and must disclose and provide the Captain credentials and/or licensure to do so but, Boatur makes no promises about truth, accuracy of said license or whether such license is current and in good standing

If you are an Owner and a booking is requested for your Vessel via the Services, you may be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Boatur in its sole discretion) or the booking request may be automatically canceled. When a booking is requested via the Services, we will share with you (i) the first and last name of the Renter who has requested the booking, and, (ii) a link to the Renter's Boatur Account profile page, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a Vessel within such 24-hour period, any amounts collected by Boatur for the requested booking may be refunded to the applicable Renter's credit card and any pre-authorization of such credit card will be released. This refunded amount will be the initial total (less taxes and third party credit card processor fees) from which, Boatur calculates its 20% fee. The remaing balance is the refund.

For example: the initial booking total was $100 dollars; taxes and credit card processing fees totalled $7.00; Boatur’s fee would be 20% of $93.00 ($18.60) leaving a refund amount of $74.40 ($93 – $18.60).

If You cancel : Because Bookings are made without the approval of the Host, both Hosts and Renters each receive booking confirmations at point of purchase. If either a Host or a Guest uses the Services to cancel the booking prior to departure, send an email, text message or message via the Services confirming such cancellation, depending on the selections you make via the Services.

If the Renter requests a booking from one of the alternative listings and the Owner associated with such alternative listing confirms the Renter's requested booking, then the Renter agrees to pay Boatur the Total Fees relating to the confirmed booking for the Vessel in the alternative listing, in accordance with these Terms.

The fees displayed in each Listing are comprised of the Vessel Fees and the Reservation Fees. Where applicable, Taxes may be charged in addition to the Reservation Fees and Vessel Fees. The Vessel Fees, the Reservation Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Renter solely relating to an Owner's Vessel which are actually collected by Boatur are the Vessel Fees. Please note that it is the Owner, and not Boatur which determines the Vessel Fees. The Vessel Fees may include cleaning fees and / or pre-paid fuel charges, at the Owner's discretion.

Refueling Fees: The full amount of any refueling fee is limited to that fee identified at checkout. Once the Renter proceeds with the checkout, there are no additional fees for refueling. The Host’s commitment to a fuel price at checkout is absolute.

For example, if the Host identified a refueling fee of $150.00 at booking checkout and the actual refueling fee (for whatever reason) winds up being $175.00, the Host, not the Renter is responsible for the difference.

However, if there is no refueling fee charged at checkout, Renter becomes responsible for returning vessel to Owner with a full tank. If the vessel is returned to Owner with less than a full tank, Renter consent to be invoiced the full cost to Owner to refuel the tank.

As an Owner, you agree to use the Service to communicate and facilitate a rental with a Renter. You agree not to take any action directly or indirectly to circumvent the Service Fee Policy. If you do so, you agree that Boatur may charge you a fee up to $1,000 per incident in addition to the Service Fees otherwise owed to Boatur. Boatur may collect the fee from future bookings or otherwise. The parties agree this amount is a good faith effort to compensate Boatur for damages, not as a punitive measure.

The minimum age to rent a Vessel is 21.

It is the Renter's responsibility to review the insurance for their rental. Please review any insurance policy carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inaction of, or relating to Renters or any hired Captains (and the individuals the Renter invites to the rental, if applicable) while on the Vessel.

Each Owner hereby appoints Boatur as the Owner's limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner. Each Owner agrees that payment of fees by a Renter to Boatur shall be considered the same as a payment made directly to the Owner and the Owner will make the Vessel available to Renter in the agreed upon manner as if the Owner has received the Vessel Fees. Each Owner agrees that Boatur may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the fees specified. In accepting appointment as the limited authorized payment agent of the Owner, Boatur assumes no liability for any acts or omissions of the Owner.

Fraud: From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to either do so or to inform users of any such actual or suspected activity.

In the event of any suspected fraud, 1) first contact law enforcement and banking authorities, the 2) contact Boatur directly so that the third party payment processor can also be notified. .

Please keep in mind that you are liable for all losses you incur when lost or stolen payment credentials or accounts are used to purchase products or services from you. Boatur does not and will not insure you against losses caused by fraud under any circumstances. For example, if someone pretends to be a legitimate Renter but is not you will be responsible for any resulting costs, including credit card disputes. If Boatur works with you to assist you or law enforcement in recovering lost funds, Boatur is not liable to you, or responsible for your financial losses or any other consequences of such fraud.

Please note that Boatur does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Boatur reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings, or for other features of the Services. Please note that Boatur will provide notice of any such additional fees via the Services, prior to implementing such fees.

Owners, not Boatur, are responsible for honoring any confirmed bookings and making available any Vessels reserved through the Services. When a Renter chooses to enter into a transaction with an Owner for the booking of a Vessel, the Renter agrees and understands that they are entering into an agreement with the Owner and agrees to accept any terms, conditions, rules and restrictions associated with such Vessel imposed by the Owner. Renter acknowledges and agrees that Renter, not Boatur, is responsible for performing the obligations of any such agreements, that Boatur is not a party to such agreements, and that, with the exception of its obligations hereunder to pay Vessel Fees to the applicable Owner, Boatur disclaims all liability arising from or related to any such agreements. Renter acknowledges and agrees that, notwithstanding the fact that Boatur is not a party to the agreement between Renter and the Owner, Boatur acts as the Owner's limited payment agent for the sole and limited purpose of accepting payments from Renter on behalf of the Owner.

Owner listings for Vessels will specify the Total Fees. As noted above, the Owner is required to either confirm or reject the booking within 24 hours of when the booking is set to depart (as determined by Boatur in its sole discretion) or the requested booking may be automatically canceled. If a requested booking is canceled (i.e. not confirmed by the applicable Owner), a partial refund of the Vessel Owner’s fees collected by Boatur will be refunded to such Renter, depending on the selections the Renter makes via the Services, and any pre-authorization of such Renter's credit card will be released, if applicable.

You agree to pay Boatur all fees for any booking requested, if such requested bookings are confirmed by the applicable Owner. Once Boatur receives confirmation of your booking from the applicable Owner, Boatur will collect all fees in accordance with these Terms and the pricing terms set forth in the listing. Boatur cannot control any fees that may be charged to a Renter by his or her bank related to Boatur's collection of the Total Fees, and Boatur disclaims all liability in this regard.

You will be asked to provide billing information such as name, billing address and credit card information either to Boatur or its third party payment processor. You agree to pay Boatur for any confirmed bookings made in connection with your account in accordance with these Terms by one of the methods described. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Boatur or indirectly, via Boatur’s appointed third party online payment processor. You also authorize Boatur to charge your credit card in the event of damage caused on a Vessel as contemplated under “Damage to Vessels” below and for Security Deposits, if applicable. If you are directed to Boatur's third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Boatur will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

At this time, Payment processing services on Boatur are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). You agree to be bound by the Stripe Services Agreement. You also authorize Boatur to share with Stripe transaction information related to your use of the payment processing services provided by Stripe.

If at any time Boatur begins using a different third party payment processor, you will be promptly notified and hereby agree to be bound by any such terms/conditions of this third party payment processor that are reasonable and customary.

Every listing identifies a Security Deposit. For all booking of a Vessel, Boatur will, in its capacity as the payment agent of the Owner, use its commercially reasonable efforts to obtain a pre-authorization of the Renter's credit card in the amount the Owner determines for the Security Deposit within a reasonable time prior to the Renter's check-in at the applicable Owner's Vessel. Boatur will also use its commercially reasonable efforts to address Owners' requests and claims related to Security Deposits. Boatur is not responsible for administering or accepting any claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.

Renter is responsible for leaving the Vessel in the condition it was in at delivery, fair wear and tear excepted. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the Vessel. If a Vessel Owner claims that the Vessel has been damaged during the rental and provides evidence of damage, including but not limited to, photographs, or other evidence you agree to pay the cost of repairing the damage or replacing the damaged items with equivalent items. After being notified of the claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in Renter’s account. Boatur also reserves the right to charge the credit card on file in your Boatur Account, or otherwise collect payment. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Vessel to the applicable Vessel Owner.

Both Renter and Vessel Owner agree to cooperate with and assist Boatur in good faith, and to provide Boatur with such information and take such actions as may be reasonably requested by Boatur, in connection with any complaints or claims made by Members relating to Vessels or any personal or other property located at a Vessel or with respect to any investigation undertaken by Boatur or a representative of Boatur regarding use or abuse of the Site, Application or the Services. If you are a Renter, upon Boatur's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Vessel Owner, at no cost to you, which process will be conducted by Boatur or a third party selected by Boatur, with respect to losses for which the Vessel Owner is requesting payment from Boatur under these terms. When an insurance claim is filed the Renter's Security Deposit will be captured and if applicable used to cover the insurance deductible.

Voyages may only be canceled before appointed start time.

When a renter cancels a booking before the booking is confirmed by an Owner, Boatur will cancel the Host’s Fee; Boatur’s several processing fees cannot be canceled. The balance of the charges will be refunded to the Rener’s payment card within a commercially reasonable time.

If an Owner cancels a confirmed booking made via the Services, (i) Boatur will refund a partial amount of the Total Fees, which is comprised of the Host’s Fees, within a commercially reasonable time of the cancellation. If the Renter requests a booking from an alternative Listings and the Owner associated with such alternative Listing confirms the Renter's requested booking, then the Renter agrees to pay Boatur the fees relating to the confirmed booking for the Vessel in the alternative Listing, in accordance with those

Timely requests for a Voyage refund must be sought after Voyage end time, and up to 24 hours thereafter. Untimely requests are denied.

Regardless of cancellation/refund reason, Boatur’s 20% fee and the several processing fees are earned upon successful use of the services and are, therefore, retained by Boatur, not refunded.

Boatur observes and complies strictly with all applicable Federal, state and local tax laws and regulations. Renters’ compliance with tax law and regulations is the sole duty and responsibility of renters, not Boatur. Owners’ compliance with tax law and regulations is the sole duty and responsibility of owners, not Boatur.

Boatur strongly encourages all users of the Services to consult a tax professional with any tax questions or concerns.

Common sense and reasonable behavior are expected of all users of the Services. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services and Content.

In connection with your use of our Services, you may not and you agree that you will not:

i) violate any local, state, provincial, national, maritime or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law and Tax regulations;

ii) use manual or automated software, devices, scripts, robots, other means or processes to access, scrape, crawl or spider any web pages or other services contained in the Services or Content;

iii) use the Services for any commercial or other purposes that are not expressly permitted by these Terms;

iv) falsely imply that Boatur endorses you, is a partner, or otherwise misleads others as to your affiliation with Boatur;

v) copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;

vi) use vessel ramps, marinas or dock slips where you have not been authorized or permitted to operate.

vii) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

viii) interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

ix) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

x) use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to the rental of Vessels;

xi) stalk or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Boatur Renter or Owner;

xii) offer, as an Owner, any Vessels that you do not yourself own or have permission to rent offer, as an Owner, any Vessel that may not be rented pursuant to the terms and conditions of an agreement with a third party;

xiii) register for more than one Boatur Account or register for a Boatur Account on behalf of an individual other than yourself;

xiv) contact an Owner for any purpose other than asking a question related to a booking such Owner's Vessels or Listings;

xv) contact a Renter for any purpose other than asking a question related to a booking or such Renter's use of the Site, Application and Services;

xvi) when acting as a Renter or otherwise, recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to Boatur, without Boatur's prior written approval;

xvii) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

xviii) use automated scripts to collect information or otherwise interact with the Services;

xix) use the Services to find an Owner or Renter and then complete a booking of a Vessel transaction independent of the Services in order to circumvent the obligation to pay any Service Fees related to Boatur's provision of the Services; as an Owner, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;

xx) post, upload, publish, submit or transmit any Content that, in Boatur's sole judgment: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

xxi) systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

xxii) use, display, mirror or frame the Services, or any individual element within the Services, Boatur's name, any Boatur trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Boatur's express written consent;

xxiii) access, tamper with, or use non-public areas of the Services, Boatur's computer systems, or the technical delivery systems of Boatur's providers;

xxiv) attempt to probe, scan, or test the vulnerability of any Boatur system or network or breach any security or authentication measures;

xxv) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Boatur or any of Boatur's providers or any other third party (including another user) to protect the Services or Content;

xxvi) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;

xxvii) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

xxviii) or advocate, encourage, or assist any third party in doing any of the foregoing.

STATEMENT ON HUMAN TRAFFICKING AND IMMIGRATION LAW: BOATUR IS COMMITTED TO THE PREVENTION OF HUMAN TRAFFICKING AND VIOLATIONS OF IMMIGRATION LAWS. SERVICES MAY NOT BE USED IN ANY WAY TO AID OR ABET IN HUMAN TRAFFICKING OR THE UNLAWFUL TRANSPORT OF PERSONS. ANY INCIDENTS OR SUSPICIONS OF HUMAN TRAFFICKING OR IMMIGRATION LAW VIOLATIONS THAT COME TO BOATUR’S ATTENTION WILL BE IMMEDIATELY REPORTED TO LAW ENFORCEMENT WITHOUT NOTICE TO YOU.

Notwithstanding the foregoing, Boatur has no obligation to monitor your access to or use of the Services or Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Boatur reserves the right, at any time and without prior notice, to remove or disable access to any Content that Boatur, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

All Services and content are the intellectual, legal and equitable property of Boatur.

Upon being uploaded, downloaded or otherwise installed to the Services, all words, images, date and content generally belong to Boatur, unless laws provide differently.

By uploading, downloading, installing, submitting, transmitting, displaying, posting or storing date on the Services, you grant Boatur an unrestricted, worldwide, perpetual, irrevocable, fully licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such Member Content, unless laws provide different.

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your Boatur Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Boatur terminates these Terms, or your access to our Services or deactivates or cancels your Boatur Account you will remain liable for all amounts due hereunder. Similarly, users may cancel their Boatur Account at any time, without penalty.

Upon cancellation of an account, by Boatur or by a user, Boatur’s duty to store or otherwise preserve user data or content is ended.

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT BOATUR DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BOATUR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BOATUR MAKES NO WARRANTY THAT THE SERVICES, CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY Vessels, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BOATUR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, VESSELS, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BOATUR OR THROUGH THE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT BOATUR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY VESSELS. BOATUR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY BOATUR.

You agree to release, defend, indemnify, and hold Boatur and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking or use of a Vessel, (iii) creation of a Listing or (iv) the use, condition or rental of a Vessel by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Vessel.

These Terms constitute the entire and exclusive understanding and agreement between Boatur and you regarding the Services, Content, and any bookings or Listings of Vessels made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Boatur and you regarding the foregoing. No oral representations, or written representations or statements on the Services, websites, advertising or promotional materials are to form the basis of any bargain or contract between Boatur and user.

You may not assign or transfer these Terms, by operation of law or otherwise, without Boatur's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, shall be void. Boatur may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Boatur (i) via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Notices to Boatur may be sent to: support@boatur.com.

By using the Services, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Boatur. Personal jurisdiction over all parties is agreed to be Lee County, Florida.

All parties further agree that in the event of any dispute between the parties to this Agreement, all parties submit to the jurisdiction of the courts of Florida and that any litigation shall be brought in the courts of the 20th Judicial Circuit, in and for Lee County Florida. If for some reason the substance of the case requires a federal court, the case shall be brought in US District Court for the Middle District of Florida, located in Fort Myers, Florida.

The prevailing party in any action brought shall be entitled to recover reasonable attorney fees and costs from the non-prevailing party, including reasonable attorney fees and costs of appeal, collection of judgments and proceeding supplementary to judgment.

The failure of Boatur to enforce any right or provision of these Terms will not constitute a permanent waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Boatur. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.