Terms & Conditions / Privacy Policy

The Site (as defined below) is operated BoatBuddy Club, Inc., a corporation, registered in Florida and having its registered office at 66 W Falgler St Suite 900 - #2292 Miami FL 33130. These Terms together with the related Privacy Statement that is posted on the Site, govern all uses of the Site and its Services. By accessing the Site and the Services provided by the Site, you confirm that you have read, understood and agreed to these Terms, and the Privacy Statement. If you do not wish to be bound by these Terms, or Privacy Statement, you should not continue to access or use the Site or its associated Services.

These Terms, and the Privacy Statement may change or be updated from time to time. It remains your responsibility to access and check these Terms, and the Privacy Statement whenever you access the Site. If we change these Terms, we will post the changes on the Site, and will indicate the date these Terms were revised. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not wish to accept the new Terms, you should discontinue your use of the Services.

References in these Terms to “we”, “us” or “Us” or “our” means “www.boatbuddyclub.com” or Boat Buddy LLC. Reference to “you” and “your” means the User of a Service provided by the Site and who is accepted for registration on the Site to use a Site Service.

  1. Definitions

    1. Account means the account held by Us (i) in a user's name and which holds the information submitted by the User when the User is required to register with Us to use our Services, ask questions and put comments and/or reviews on Site.
    2. Terms means this entire agreement, the Privacy Statement and other legal contracts posted on the Site, which shall guide the use of the Site.
    3. Intellectual Property Rights means for the purposes of these Terms, trademarks, service marks, trade and business names, domain names, rights in designs, patents, copyrights, database rights, moral rights and rights in know-how and other intellectual property rights in each case whether registered or unregistered and including applications for the grant of the foregoing and all rights or forms of protection having equivalent effect to any of the foregoing, which may subsist anywhere in the world;
    4. Help desk hours (accessible by email only) means 9 am to 5 pm Eastern Dailylight Time during each Working Day of the year or such other times and days as published by Us from time to time.
    5. Order means an order made through the Mobile APP or Site to purchase a specific cruise via online payment, or redemption of promo codes or loyalty points.
    6. Password means a unique letter number combination being at least eight digits long, which must be created by and used by a User to use the Site.
    7. registration procedure means the procedure designated as such and presented to a User through the Site.
    8. Reservation means an order made by a User through the Site to participate in a cruise, activity or service, where such order is accepted by Us.
    9. Service means the online Reservation service (including the facilitation of payments) for cruises whose details are published on the Site or Mobile App .
    10. Services means each of the Services set out in clause 4 below.
    11. Security questions means the questions which a User may be asked by the help desk, if the helpdesk calls or emails the User following the emailing of a report by the User pursuant to clause 3 below, the answers to which would have been provided by the User through the Site when registering for the Service. Please note such calls may be recorded by us.
    12. Site means www.boatbuddyclub.com, all Content on the Site and all functionality available through the Site and provided by us.
    13. Virus means "virus" or "worm", "Trojan horse", "trap door", "Software Switch", "time" or "logic bomb", "disabling code" or "routines", or "expiration dates" or “malware.”
    14. Territory means the United States.
    15. User means a legal or natural person who accesses the Site and uses the Service.
    16. Working day is a weekday in the Territory, that is not a Bank, national or public holiday.
    17. You or you mean the User in question.
    18. Any reference expressed or implied to a law in these Terms, means references to that law as amended, extended or applied by or under any other law, before or after the date of this Agreement.

    1. www.boatbuddyclub.com is the trading name of BoatBuddy Club, Inc a company incorporated in the State of Florida and having its registered office at 66 W Falgler St Suite 900 - #2292 Miami FL 33130.
    2. How to contact us. You can contact us or by writing to us at [email protected].
    3. There are currently no fees charged by us and payable by a User to use the Site, although we at a later stage may introduce User based charging or charge a fee for the use of the Site. Instead, we receive payment for the Services provided by Us.

    1. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or during your registration.

    1. Writing includes emails and or texts. When we use the words "writing" or "written" in these Terms, this includes emails and or texts.

    1. The Site is a platform through which we market, promote, and sell boat rental and cruise services to You and all other users of the Site.
    2. Services Provided: Our company offers a unique experience to our members, which includes a thrilling few hours of chill/party sessions on the beautiful sandbars of Miami.
    3. Boat Sharing: We group individuals and small groups together to create a cost-effective solution for renting a boat. This allows you to enjoy the boat experience without the burden of covering the entire rental cost individually.
    4. The User by making a Reservation through the Service is entering into a legal binding contract with Us to purchase the cruise or receive the Service.

    1. For a User to make a Reservation, the User must agree, make the following acknowledgements, fulfill the following conditions and or undertake, all as set out below: ol li The User undertakes to download the Mobile APP from iTunes/Apple Store or Android App from applicable store or use the Site and comply with any terms and conditions accompanying or forming part of such Mobile APP li To submit an Order for a cruise, the User agrees to observe the requirements of and provide that information requested as part of the registration procedure referred to on the Site or in the Mobile APP. The registration procedure contains functionality allowing the User to identify and correct input errors prior to the placing of the Order. li The User undertakes not to submit an Order for a cruise until the User has reviewed the cruise terms and conditions and satisfied him or herself prior to submission of an Order, that he or she can comply with each of them in full. li Once the User has decided on a particular cruise, prior to submitting the Order, the Site or Mobile App will require the User to confirm that the User has read and understood these Terms and he or she accepts them. Please note the cancellation and no-show policy herein. li When the User submits an Order through the Site or the Mobile APP, the User is making an offer to purchase the cruise, selected through the Site or the Mobile APP, based on these Terms, all of which the User agrees to comply with. We will send you an email acknowledging receipt of your Order. This does not constitute acceptance of your Order. li Acceptance of an Order will be at our discretion. The User's credit card will not be debited until the User's Order has been accepted by Us. li Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us and it will constitute the Reservation. The email will contain your Order number. li If we are unable to accept your Order, we will inform you of this by email.

    1. Payment obligations. Unless otherwise agreed in writing:
    2. All payments in relation to your Reservation must be made upfront at the time of making your Reservation or Order.
    3. if We issue an invoice to you, payment must be made by the time specified in such invoice.
    4. in all other circumstances, you must pay for all Services upfront prior to using the Services; and
    5. you must not set off any money alleged to be owing by Us against money due by you to Us.
    6. Taxes. Unless otherwise indicated, amounts stated on the Site do not include taxes. In relation to any tax payable for a taxable supply by Us, you must pay the tax subject to Us providing a tax invoice.
    7. Payment Methods. All Services must be made via PayPal, Stripe, Credit Card or Electronic Funds Transfer.
    8. Card Surcharges. We reserve the right to charge credit card surcharges if payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
    9. Online Payment Partner. We may use third-party payment providers (Payment Providers) to collect payments for Services. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
    10. In the event that you, as the cardholder, have a dispute or concern related to a charge on your credit card statement for a transaction with Boatbuddy, we encourage you to follow the procedure outlined below:
    11. Contact Us First: Prior to initiating a credit card dispute, we kindly request that you reach out to our customer support team. Our team is committed to addressing and resolving any issues or concerns you may have in a timely and efficient manner.
    12. Provide Detailed Information: When contacting our customer support team, please provide detailed information about the transaction in question. This should include the date of the transaction, the transaction amount, a description of the goods or services purchased, and any relevant order or reference numbers.
    13. Attempt to Resolve the Issue: Our goal is to work with you to resolve any disputes or concerns to your satisfaction. We will investigate the matter and strive to reach a mutually agreeable resolution.
    14. Credit Card Dispute as a Last Resort: If, after contacting our customer support team and allowing us a reasonable opportunity to address the issue, you are still unsatisfied, you may proceed with initiating a credit card dispute through your credit card issuer or bank. Be aware that initiating a dispute with your credit card issuer should be considered a last resort, as it may delay the resolution process and incur additional fees.
    15. Cooperation in Investigation: Should you initiate a credit card dispute; we commit to cooperating fully with the investigation conducted by your credit card issuer or bank. We will provide any necessary documentation or information to support our position.
    16. Please be aware that initiating a credit card dispute without first attempting to resolve the issue directly with us may result in additional delays and administrative burdens for both parties. We value your business and are dedicated to ensuring your satisfaction, so please do not hesitate to contact us with any concerns or questions.

    1. The User acknowledges and agrees that the User may not change or cancel a Reservation except with Our prior written consent. The word change shall mean and include, in the case of a cruise, seeking to change the date and or time you have reserved for the activity or cruise, canceling the activity or cruise or any change identified as such in these Terms.
    2. Reservation Cancellation: Boatbuddy reserves the right to cancel any reservation, at its sole discretion, for various unforeseen reasons, including but not limited to adverse weather conditions, safety concerns, or unforeseen circumstances that may affect the quality and safety of the trip. In such cases, Boatbuddy will make reasonable efforts to provide advance notice to the affected parties and offer rescheduling options or refunds as appropriate.
    3. Minimum Booking Requirement: Please note that for the designated date of the trip, a minimum of seven (7) bookings is required to confirm the reservation. If fewer than seven (7) individuals or groups book the trip for that specific date, Boatbuddy reserves the right to cancel the trip. In the event of trip cancellation due to insufficient bookings, BoatBuddy will promptly notify all affected parties and offer rescheduling options or refunds as appropriate.

    1. The User agrees to indemnify us and keep us indemnified from and against all and any claims, proceedings, expenses, losses, liabilities, costs, damages or expenses incurred or suffered by Us, arising from a breach of these Terms by you.

    1. Where the Site permits the download of our Mobile APP, you agree not to download it, use it or copy it save as expressly allowed by the end user license agreement which must be accepted prior to your downloading the Mobile APP. These Terms may be accessed and downloaded from the Site for storing on your desktop as a pdf file. We will retain a record of your Order and its acceptance pursuant to these Terms.

    1. Each User agrees that the Intellectual Property Rights in all Content on the Site or incorporated in the Site including in any text, compilations, graphics, buttons, icons, images, audio clips, data compilations, or any trademark on the Site, and its Services and the content thereof are owned by Boat Buddy Club, Inc or its licensors.
    2. The name www.boatbuddyclub.com is a registered business name of BoatBuddy Club, Inc and is also a registered trademark. This name may not be used in connection with any product or service that is not provided by www.boatbuddyclub.com or in any manner likely to cause confusion to consumers or that in any manner disparages or discredits www.boatbuddyclub.com. All other trademarks that appear on this Site are the property of their respective owners and are likely to be trademarks which are subject to restrictions as to their use. None of them must be used or copied without the respective owner's permission.
    3. Unless specifically authorized by Us in writing, you may not (i) copy, or reproduce, the Site, the Services or the content in whole or in part or (ii) adapt, modify or create derivative works of the Site, the Services or the content or (iii) download, transmit, distribute, perform, or license the Site, the Service or the content.
    4. With respect to content submitted by a User and which we agree to place on the Site, the User, represents and warrants that the User owns all Intellectual Property Rights in the content or otherwise has all necessary rights and licenses to allow others to fully exploit and use such User content including without limitation as it concerns all copyrights, trademark rights and rights of publicity or privacy.
    5. Such a User hereby grants to Us a non-exclusive, non-transferable, royalty-free license to use the content in the Territory in accordance with this agreement for the purpose of providing the Services to Users including, without limitation, the non-exclusive right to copy, host, electronically store, cache, display, communicate, transmit, make available and distribute the Content to Users in the Territory.
    6. The User, by granting the license detailed in the previous paragraph also grants Us the express right to grant a sublicense to other Users to the extent necessary for Users to view the content.
    7. The User without prejudice to the generality of the foregoing grants Us the right to digitize, encode, aggregate, compress, index, technically manipulate, and otherwise change or modify the Content (including associating any applicable metadata provided by the User with such Content) solely for the purposes of making the Content available on the Site or the Mobile App in accordance with these Terms, to the extent technically necessary for exercise of the rights granted in this clause.

    1. When a User accesses the Site, and where required by Us for certain of the Services, the User will be required to apply to register with Us.
    2. Each User acknowledges and agrees that we may refuse to register any User at our absolute discretion.

    1. Where you are required to register for one or more Services, you warrant (i) that you are an individual, you are over 18 years of age; (ii) that you are not bankrupt or insolvent or the subject of any court judgment, nor are you on any sanctions or financial sanctions list (iii) that you will not allow any other person to use the Site and the Services under your name, nor will you in using the Services or the Site, pretend you are someone else; (iv) where you make a Reservation, it is with your own money and not with money belonging to a third party(ies) (v) that all information provided by you to Us is true, accurate and complete and is not designed to mislead, defraud or deceive us or any other User of the Site (vi) that in using the Site and the Services you will comply with all applicable laws and regulatory requirements and you will not do anything which would cause us to be in breach of any such laws or applicable regulatory requirements.

    1. When accessing and using the Site or the Mobile App you, undertake to us:
      1. when prompted by the Site or Mobile App, to provide answers to security questions as specified by us from time to time, create and register a Password or change a Password when required by the Site or Mobile App. When you register with us or access the Site or Mobile App, you undertake to provide us with a Username and email address and Password.
      2. to provide such information as we may require from time to time including without limitation, the correct name, address and correct email address.
      3. to provide from time to time such evidence of identity, address or other information as required by Money Laundering legislation.
      4. to keep the Password (and any substitute or new Password), and each of the answers to each of the security questions confidential and secure always. You are responsible for all information and activity on the Site or Mobile App and use of the Services by anyone using your Username and Password whether authorized by you or not.
      5. to notify us immediately at [email protected] that you have forgotten your Password or if you believe your Password has been used without your permission.
      6. to notify us immediately to the email just set out immediately above of any breach of security, loss, theft or unauthorized use of a Username, Password or security information.
      7. when using the Site, the Mobile App and the Services, that your use is secure and that your access to the Site is not left unattended unless you have fully exited the Site and that any Password is not retrievable from the Site or Mobile App by others.
      8. to comply fully with all our instructions related to accessing and using the Services, the Mobile App and the Site including without limitation to signify your acceptance of these Terms, and the Privacy Statement when required to do so.
      9. to use the Mobile App, the Site, and the Services only for lawful purposes and in accordance with these Terms.
      10. not to use meta tags or any other hidden text using our name or business name. You also undertake not to link or attempt to link the Site, Mobile App with other sites or services or use meta tags or other devices containing any reference to us to direct a person to any other site or services.
      11. not to use the Site, Mobile App in any way that causes, or is likely to cause, the Site, the Mobile App or access to them to be interrupted, damaged or impaired in any way.
      12. to ensure no Viruses are introduced into the Site or Mobile App when using it.
      13. not to introduce on the Site or Mobile App any item, information or material which is confidential to others, or which infringes the Intellectual Property Rights of any other person.
      14. to be responsible for the accuracy and completeness of all items, material or information that you input into the Site or Mobile App.
      15. not to use the Site, Mobile App, or the Services in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
      16. not to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
      17. not to adapt or circumvent the Site or Mobile App, the controls on it whether access related or otherwise nor attempt to access the Site or Mobile App other than by using the User id, Password and answers to security questions and by following the instructions provided by the Site or Mobile App.
      18. to accept these Terms, any Terms applicable to a particular Service, provided by a Provider, the Privacy Statement, the Cookies Policy as and when required by the Site or Mobile App and your use of it.

    1. In addition to these Terms, additional Special Terms apply in the case of promotions and which a User must accept prior to engaging or entering or receiving the benefits of such promotions. These special Terms shall appear on the Site or Mobile App prior to the start of any Promotion.

    1. We may make changes to these Terms (including any applicable the Privacy Statement and the Cookies Policy) from time to time and will take steps to bring any such changes to a User of the Site or Mobile App 's attention (such as by placing a notice of the change on a prominent position on the Site or Mobile App, together with the amended Terms). It is the User's responsibility to check these Terms from time to time to ensure that he or she agrees with them, and the User's continued use of the Site or Mobile App after any change to these Terms will be deemed to be his or her or its acceptance of the changes. A User's continued use of the Services after the date any such changes become effective constitutes the User's acceptance of the new Terms. If the User does not wish to accept the new Terms, the User should discontinue the use of the Services.

    1. We may in respect of a User, terminate the provision of a Service or the Services and we may block the User's access to the Site or Mobile App and or the Services at any time and for any reason including but not limited to any of the following (i) the User is in breach of any of these Terms; or (ii) we suspect that the User has committed fraud, being involved in money laundering or other criminal activities or (iii) the User uses the Site or Mobile App to send, use or re-use any material that is illegal, offensive, abusive, indecent, defamatory, obscene or malicious or in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties or objectionable (iv) if there is no activity on a User's account within a 30 calendar day period.

    1. Subject to these Terms, access to the Site is available to Users during the Operational Hours being 24 hours a day seven days a week. Occasionally it may be necessary to interrupt the Services to carry out essential or routine maintenance, upgrade or repair work. If for any reason the Site, the Mobile App and/or Services are unavailable or the User is unable to access the Services, the User should contact [email protected] by email and explain the extent of the difficulty.
    2. Each User acknowledges and agrees that we may place limits concerning the use of the Site, Mobile App or Services, including without limitation adding reviews, using the promocode/loyalty points, uploading new Content or editing the existing Content.

    1. We may refuse to act on any instruction from a User that we consider: (a) is unclear (b) was not given by the person concerned (c) or where the User concerned is in breach of any of these Terms.
    2. You agree that we have the right to disclose a User's identity to any third party who is claiming that any items material or information uploaded by a User to our Site, or Mobile App constitutes a breach of their Intellectual Property Rights, or of their right to privacy.
    3. These Terms set out the full extent of all our obligations and liabilities in respect of the Services or the operation of access to or use of the Site or Mobile App.
    4. Subject to conditions 19.5 to 19.6 and 19.7 inclusive and notwithstanding the unenforceability or invalidity of any other provision in these Terms, our maximum aggregate liability in any twelve month period to a User in respect of any single event or series of connected events of breach arising out of or in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence), under statute or otherwise, shall in no circumstances exceed the value of the payment received by Us over the previous 12 months in respect of the Service provided by Us, always provided that during the term of these Terms, our maximum aggregate liability to a User for damages of physical property resulting from our negligence shall be a maximum of USD 2,000.
    5. Nothing in these Terms shall exclude or limit either party's liability for fraud or for death or personal injury caused by its negligence.
    6. We shall not be liable under or in connection with these Terms for any loss of income, data, profit, revenue, business or contracts or (without limitation) any indirect or special loss or damage of any kind whatsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
    7. We do not warrant that the operation of or access to the Site or Mobile App will be uninterrupted or error free, nor that the Site or Mobile App will provide specific results from use of the Site or Mobile App, the Service, or any Content. The Site or Mobile App and the Service is provided as is without warranty or guarantee. We do not offer any warranty or guarantee regarding the results obtained or achieved through a cruise.
    8. The Site or Mobile App may only be available to Users on certain hours or days as determined by us from time to time. We have no control over any communications network which you may use to access the Site or the Service.
    9. The Site or Mobile App may include third party Content, whether submitted by other users or advertisers. You agree that we do not have control over such third-party Content and do not examine it, monitor it, or the use to which it is put.
    10. Any condition, warranty or other term concerning the supply, purported supply or non-supply of the Services of Products which might otherwise be implied into or incorporated into this Agreement, or any collateral contract, whether by statute (including under s 39 of the Sale of Goods and Supply of Services Act 1980), common law or otherwise, are hereby excluded to the maximum extent permissible by applicable law.
    11. The provisions of this clause 19 shall continue to apply notwithstanding termination or expiry of these Terms for any reason whatsoever.
    12. We shall not be in breach of any provision of these Terms, caused by a User's failure to observe or User breach of any of these Terms.

    1. This Site may contain links and references to third-party sites. The linked sites are not under the control of us, and we are not responsible for the content of any linked site, or any link contained in a linked site. We provide these links only as a convenience, and the inclusion of a link or reference does not imply the endorsement of the linked site by us.

    1. The construction, interpretation and application of these Terms, shall be governed by the laws of the State of Florida. In using the Services and this Site or Mobile App, the User agrees to submit to the exclusive jurisdiction of the courts of the State of Florida, in respect of any dispute arising hereunder.

    1. When the User accesses the Site or Mobile App, or the Services or send emails to us or we email the User, the User is communicating with us electronically. The User agrees that for all purposes of the use of the Site or Mobile App and Services pursuant to these Terms, that we can communicate with the User electronically by email or by posting notices in the User's account on the Site or Mobile App as the case may be. Each User also agrees to us communicating and or serving notices on it or him or her to the most recent address the User provided to us. The User agrees that all notices and communications that we provide to the User electronically satisfy any legal requirement that such communications to be in writing.

    1. If the User has a complaint in relation to us or anything on the Site or Mobile App, the User can write to us at [email protected] as soon as possible but within seven days of the date of the issue which gives rise to the complaint. In doing so, we would ask the User to provide us in writing with sufficient background information for us to verify the complaint and evaluate the complaint.
    2. We will endeavor to respond to any complaint as quickly as possible. Our ability to respond will be dependent on the nature and complexity of the User's complaint, the extent to which we can contact the User to get information on the complaint and the extent to which we need to obtain information from a third party relevant to the complaint to frame a response. Subject to these Terms, we will make our best effort to find a satisfactory solution to the User's complaint. However, this shall not apply where the complaint is vexatious or where it is clearly unsubstantiated or malicious.

    1. A User may not transfer or assign any of his rights or obligations under these Terms. Any such purported transfer or assignment constitutes a breach of these Terms.

    1. We may transfer our rights and assign our obligations to any purchaser of our business, provided that the purchaser undertakes to observe and be bound by these Terms.
  26. WAIVER

    1. If we fail, at any time to insist upon strict performance of any of a User's obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve the User from compliance with such obligations.
    2. A waiver by us of any breach will not constitute a waiver of any subsequent breach.
    3. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to the User in writing in accordance with the Communications condition above.

    1. We will collect, and process personal data in accordance with our Privacy Statement from time to time. Where we procure the processing of any personal data by a third party, we will put in place an agreement with that third party whereby such personal data is kept confidential and secure and is only processed in accordance with the instructions of us.

    1. BoatBuddy is committed to providing a safe and respectful environment for all individuals involved in our activities, events, or interactions, including but not limited to employees, clients, contractors, partners, and third parties. We strictly prohibit any form of harassment, discrimination, or offensive behavior. Harassment includes, but is not limited to:
    2. Verbal Harassment: Unwanted comments, jokes, or slurs related to race, gender, religion, sexual orientation, disability, or any other protected category.
    3. Non-Verbal Harassment: Offensive gestures, images, or any form of communication that creates a hostile or uncomfortable environment.
    4. Sexual Harassment: Unwanted advances, requests for sexual favors, or any other unwelcome conduct of a sexual nature.
    5. Bullying: Any behavior intended to intimidate, degrade, or humiliate others.
    6. Discrimination: Treating individuals unfairly based on their protected characteristics, including but not limited to race, gender, age, religion, sexual orientation, or disability.
    7. BoatBuddy is committed to promptly addressing and investigating any reports of harassment. Individuals found to be engaging in harassment will be subject to appropriate disciplinary action, up to and including termination of employment or service contracts.
    8. If you experience or witness any form of harassment while participating in activities associated with BoatBuddy, please report it immediately to [email protected], and we will ensure a prompt and thorough investigation.

Waiver of Liability Agreement

BoatBuddy Club Inc. (“BoatBuddy”, “we”, “us”, and “our”) is committed to ensuring that you enjoy your experience while visiting our website at www.boatbuddyclub.com (the “Website”), as well as subscribed to any of our services offered via the Website (“Services”).

Please read the following carefully to understand our views and practices regarding liability during the course of your interaction with the Website and subsequent participation in any of the Services. This Waiver of Liability Agreement (“Waiver”), together with the Terms describe the ways in which we operate the Website and your rights and obligations.

Each Visitor who accesses the Website and each Customer signing up for any of the Services, or anyone who uses a Service purchased via the Website, accepts all the provisions in this Waiver. If you do not agree with anything in this Waiver, please do not continue to use the Website or subscribe to use any of the advertised products or services on the Website.

You may not purchase or subscribe to use any of the Services published on the Website if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.

By accepting this Waiver, you are deemed to have read and agreed with all the provisions thereof.

  1. The Customer acknowledges and represents that there has been no coercion or force on the part of Boatbuddy for the Customer to execute this Waiver. The Customer has knowingly, freely and voluntarily consented to execute this Waiver.
  2. The Customer acknowledges and represents that his/her purchase, use and receipt of the Services is not mandatory, and that any participation by the Customer in any and all the Services, is purely voluntary and of the Customer’s own free will.
  3. Customer acknowledges, agrees, and represents that Customer understands the nature of the Services and that Customer is qualified, in good health, and in proper physical condition to participate in receiving the Services.
  4. Customer further acknowledges that the Services may be conducted over facilities open to the public and upon which there are inherent hazards to be expected.
  5. Customer further agrees and warrants that if, at any time, Customer believes conditions to be unsafe, Customer will immediately discontinue further participation in the Services.
  6. Customer fully understands that the activities involved in the Services may include risks and dangers of serious bodily injury, including permanent disability, paralysis and death ("risks"); (b) these risks and dangers may be caused by Customer’s own actions or inactions, the actions or inactions of others participating in the activities, the conditions in which the activities take place, or the negligence of the merchants providing the services; (c) there may be other risks and social and economic losses either not known to us or not readily foreseeable at this time; and customer fully accept and assume all such risks and all responsibility for losses, costs, and damages that may incur as a result of Customer’s participation in the activities.
  7. Customer hereby releases, discharges, and covenants not to sue Boatbuddy, its respective administrators, directors, agents, officers, members, volunteers, and employees, other customers, any sponsors, advertisers (each considered one of the "Releasees" herein) from all liability, claims, demands, losses, or damages on customer’s account caused or alleged to be caused in whole or in part by the negligence of the "Releasees" or otherwise, including negligent rescue operations. Customer further agrees that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, Customer, or anyone on Customer’s behalf, makes a claim against any of the Releasees, Customer will indemnify, save, and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.