THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. PLEASE READ THEM CAREFULLY AND NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICE (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICE IN ANY MANNER. Welcome to Sailo Inc, operating as Sailo (hereafter referred to as “Sailo”, “we”, “us” or “our”), a peer-to-peer boat rental marketplace connecting Boat Owners with Renters and Captains via its online platform accessible at sailo.com (collectively referred to as the “Site”) with any other products or services made available by Sailo, all of which collectively referred to as the “Service”. The Service includes our web site, web widgets, feeds, mobile device software applications (the "Sailo Software"), applications for third-party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Sailo. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Service (“Terms”) and to the collection and use of your information as set forth in the Sailo Privacy Policy whether or not you are a registered user of our Service. Moreover, these Terms govern your access to and use of the Service and all Collective Content and constitute a binding legal agreement between you and Sailo. Please read carefully these Terms and our Privacy Policy. Moreover, we reserve the right to amend these Terms at any time by notifying you as stipulated in these Terms, provided that no notice shall be required for non-substantive changes to the Terms. If we substantively amend these Terms, you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the revised Terms. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. These Terms apply to all visitors, users, members and others who access the Service (collectively, "Users"). PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU UNDERSTAND AND AGREE THAT Sailo IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RENTERS, BOAT OWNERS, CAPTAINS, OR Sailo APPROVED AFFILIATES, INCLUDING, BUT NOT LIMITED TO, MARINAS, MECHANICS, TECHNICIANS, YACHT MANAGEMENT SERVICES, OR OTHER SERVICE PROVIDERS ON Sailo (COLLECTIVELY, “AFFILIATES”), NOR IS Sailo A TRANSPORTATION SERVICE, AGENT OR INSURER. Sailo HAS NO CONTROL OVER THE CONDUCT OF RENTERS, BOAT OWNERS OR AFFILIATES OR OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Key Terms
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information and any other content or materials. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Service. “Sailo Content” means all Content that Sailo makes available through the Site, Application, or Service, including any Content licensed from a third party, excluding Member Content. “Collective Content” means Member Content and Sailo Content. “Listing” means a Boat that is listed by a Boat Owner as available for rental via the Service. “Member” means a person who completes Sailo’s account registration process, including, but not limited to Boat Owners, Renters and Captains. “Boats” means marine vessels. “Owner” means a Member who creates a Listing via the Service. “Renter” means a Member who requests a booking of a Boat via the Service. “Captain” means a Member who gets hired by a Renter to operate a Boat via the Service. “Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Service (and your access to or use of certain aspects of the Service or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Service, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Service. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICE, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH US. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modification
Sailo RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY THE SERVICE OR TO MODIFY THESE TERMS, INCLUDING THE SERVICE FEES, AT ANY TIME AND WITHOUT PRIOR NOTICE. IF WE MODIFY THESE TERMS, WE WILL POST THE MODIFICATION ON THE SERVICE OR PROVIDE OUR MEMBERS WITH NOTICE OF THE MODIFICATION. WE WILL ALSO UPDATE THE “LAST REVISED” DATE AT THE TOP OF THESE TERMS. BY CONTINUING TO ACCESS OR USE THE SERVICE AFTER WE HAVE POSTED A MODIFICATION ON THE SERVICE OR HAVE PROVIDED OUR MEMBERS WITH NOTICE OF A MODIFICATION, OUR MEMBERS ARE INDICATING THAT THEY AGREE TO BE BOUND BY THE MODIFIED TERMS. IF THE MODIFIED TERMS ARE NOT ACCEPTABLE TO OUR MEMBERS, THEIR ONLY RECOURSE IS TO CEASE USING THE SERVICES.
Other Policies
You agree that you will comply with all written Sailo rules, policies and procedures that are made available by Sailo on the Service and that are incorporated herein by reference. These include, without limitation: our Terms, our Privacy Policy, our Owner Policy, our Renter Policy, our Fees Policy, our Cancellation Policy and our Eligibility Policy, or any other policies posted on the Service from time to time.
Eligibility
This Service is intended solely for persons who are eighteen (18) years or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The minimum age to rent or operate a boat is (18) years old. By accessing or using the Service you represent and warrant that you are 18 or older. The Service is not available to any Users previously removed from the Service by Sailo, unless Sailo has given you written notice of reinstatement. All Users must pass our Eligibility Requirements and must provide all necessary documentation for determining eligibility throughout the use of the Service as may be determined by Sailo at its sole discretion. You acknowledge and agree that Sailo may change its Eligibility Requirements at any time and for any reason.
The Service
The Service can be used to facilitate the listing and booking of Boats. Such Boats are included in Listings on the Service by Boat Owners. You may view Listings as an unregistered visitor to the Service; however, if you wish to book a Boat or create a Listing, you must first register to create a Sailo Account (defined below). As stated above, Sailo makes available a platform or marketplace with related technology for Renters, Boat Owners and Captains to meet online and arrange for boat rental bookings. Sailo is not an owner or operator of Boats, including, but not limited to, sailboats, ski-boats, yachts, houseboats, kayaks, or other boats, nor is it a provider of boats, including, but not limited to, sailboats, ski-boats, yachts, houseboats, kayaks, or other boats, and Sailo does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Boats, including, but not limited to, sailboats, ski-boats, yachts, houseboats, kayaks, or other Boats, or transportation or travel services. Sailo’s responsibilities are limited to: (i) facilitating the availability of the Service and (ii) serving as the limited agent of each Owner and Captain for the purpose of accepting payments from Renters on behalf of the Owner and the Captain, respectively. PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE BOAT RENTAL BOOKINGS. Sailo CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY BOATS. Sailo IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BOATS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER'S, OWNER’S AND CAPTAIN’S OWN RISK, WHETHER OR NOT AFFILIATES ARE INVOLVED.
Account Registration
In order to access certain features of the Service, and to book a Boat or create a Listing, you must register to create an account (“Member Account”) and become a Member. You may register to join the Service directly via the Service or as described in this section. You can also register to join by logging into your account with certain third party social networking sites including, but not limited to, Facebook. Each such account, a “Third Party Account” or “TPA”, shall be created via our Service, as described below. As part of the functionality of the Service, you may link your Member Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Member through the Service; or (ii) allowing Member to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Member and/or grant Member access to your Third Party Account (including, but not limited to, the use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Member to pay any fees or making Member subject to any usage limitations imposed by such third party service providers. By granting Member access to any Third Party Accounts, you understand that Member will access, make available and store (if applicable) any content that you have provided and stored in your Third Party Account (“TPA Content”) so that it is available on and through the Services via your Member Account and Member Account profile page. Unless otherwise specified in these Terms, all TPA Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Member Account on the Site, Service and Application. Please note that if a Third Party Account or associated service becomes unavailable or Member’s access to such Third Party Account is terminated by the third party service provider, then TPA Content will no longer be available on and through the Site, Service and Application. You have the ability to disable the connection between your Member Account and your Third Party Accounts, at any time, by accessing the “Account” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE TPA SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH TPA SERVICE PROVIDERS. SAILO makes no effort to review any TPA Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Member is not responsible for any TPA Content. We will create your Member Account and your Member Account profile page for your use of the Service based upon the personal information you provide to us or that we obtain via a TPA as described above. You may not have more than one (1) active Member Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Sailo reserves the right to suspend or terminate your Member Account and your access to the Service if you create more than one (1) Member Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. 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 Member Account, whether or not you have authorized such activities or actions. You will immediately notify Sailo of any unauthorized use of your Member Account.
Sailo Accounts
As pointed out in the previous section, in order to rent a Boat from another User or list a Boat for rent or offer professional services on Sailo, you will need to apply for a “Member Account”. By applying for a Member account, you give us permission to disclose the information you provide on your application to third parties for verification purposes, and to obtain additional information about you. Sailo may accept or reject Member account applications in our sole discretion for any reason. If you are accepted for a Member account, you acknowledge and agree to abide by the Eligibility Requirements that are applicable to your account. Users with a Member account are collectively referred to in these Terms as "Members”. Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. Each transaction in which a Renter rents a Boat from an Owner via the Service is referred to in these Terms as a "Rental". Your Member account is for your personal use only. You may not create a Member account on behalf of a business or entity unless the Boat is corporately owned. Unless you have a written proof of approval on hand (granting Sailo the right, but not the obligation to request it at any point in time), you may not use another Member's account, permit anyone else to use your Member account, or assign or otherwise transfer your Member account to any other person or entity. When applying for and creating your account, you must provide accurate and complete information, and keep such information updated and accurate throughout the duration of these Terms. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Sailo immediately of any breach of security or unauthorized use of your account. Sailo will not be liable for any losses caused by any unauthorized use of your account. You may control your Member profile and how you interact with the Service by changing the options in your Settings page. By providing Sailo your email address, you consent to our using the email address to send you Service-related email, including any notices required by law, in lieu of communication by postal mail. By providing Sailo your cell phone number, you consent to our using the phone number to send you Service-related SMS messages. You may not opt out of Service-related emails or SMS messages. We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences in your Settings page. Opting out may prevent you from receiving messages regarding updates, improvements or offers. However, it will not prevent Sailo from sending you messages from other Users with regard to Rentals.
Boat Listings
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Boat to be listed, including, but not limited to, the value, location, size, features, availability of the Boat, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Service. Other Members will be able to book your Boat via the Service based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Boat, the price for such booking may not be altered without contacting customer service. 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 Boat 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 Boat 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 Boats and (b) not conflict with the rights of third parties. Please note that Sailo assumes no responsibility for a Boat Owner’s compliance with any applicable laws, rules and regulations. Sailo reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Sailo, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service. You understand and agree that Sailo does not act as an insurer or as a contracting agent for you as an Owner or a Captain. If a Renter requests a booking of your Boat and uses your Boat or requests Captain service to operate a Boat, any agreement you enter into with such Renter is between you and the Renter and Sailo is not a party thereto. Notwithstanding the foregoing, Sailo serves as the limited authorized agent of the Owner and the Captain for the purpose of accepting payments from Renters on behalf of the Owner and the Captain and is responsible for transmitting such payments to the Owner or the Captain. When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Boat, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Boat. Any Member wishing to book Boats included in Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information. If you are an Owner, Sailo makes certain tools available to you to help you make informed decisions about which Members you choose to confirm for booking in regard to your Boat. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.
Captains
In order to ensure safety and a memorable experience Sailo requires that a U.S. Coast Guard Captain be hired and operate any and all Sailo listed vessels. In line with such requirement, Sailo provides listings of available Captains which can be hired by the Renter. PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF BOATS. Sailo CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR OFFERINGS FOR SERVICE AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY BOATS, CAPTAINS OR OTHER AFFILIATES OR SERVICE PROVIDORS. Sailo IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BOATS AS WELL AS ANY INFORMATION PUBLISHED BY AFFILIATES. ACCORDINGLY, ANY BOOKINGS AND SERVICE AGREEMENTS WILL BE MADE AT THE RENTER'S, OWNER’S AND CAPTAIN’S OWN RISK.
No Endorsement
Sailo does not endorse any Members or any Boats. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not 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. Except as provided by the Sailo policies, we will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Service, 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 the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Sailo with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Service regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Owner against Sailo regarding the remittance of payments received from a Renter by Sailo on behalf of an Owner or a Captain, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
If you are an Owner and a booking is requested for your Boat via the Service, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Sailo in its sole discretion) or the booking request willbe automatically canceled. When a booking is requested we will share with you a link to the Renter’s and the Captain’s Sailo Account profile pages, so that you can view relevant information before confirming or rejecting the booking. When a booking is confirmed via the Service, we will share with you the first and last name, as well as the contact information of both the Captain and the Renter who has requested the booking. If you are a Captain and there is a hire request via the Service, you will be required to either confirm or reject the hire request within 24 hours of when the hire request was submitted (as determined by Sailo in its sole discretion) or the hire request will be automatically canceled. When a hire request has been submitted we will share with you a link to the Renter’s and the Owner’s Sailo Account profile pages, so that you can view relevant information before confirming or rejecting the hire request. When a booking is confirmed via the Service, we will share with you the first and last name, as well as the contact information of both the Owner and the Renter who has requested the booking. If the Owner and/or the Captain do not respond to a Renter’s booking/hire request within a 24-hour period, that booking/hire request will be automatically cancelled. When a booking/hire request by a Renter is confirmed, Sailo will send an email, text message or message via the Service confirming such booking, depending on the selections the Owner and the Captain make via the Service. As per Fee and Commission Policy, the fees displayed in each Listing are collectively called “Service Fees” and are comprised of the Owner Service Fees and the Renter Service Fees. Where applicable, Taxes may be charged in addition to the Owner Service Fees and Renter Service Fees. The Owner Service Fees, the Renter Service Fees and applicable Taxes are collectively referred to in these Terms as the “Service Fees”. The amounts due and payable by a Renter solely relating to an Owner’s Boat that are actually collected by Sailo are the “Owner Service Fees”. Please note that the Owner and not Sailo is the party responsible for determining such fees. The Owner Service Fees include the boat fee and may include the cleaning fees, refueling charges, or additional costs, at the Owner’s discretion. Sailo charges a fee to Renters based upon a percentage of applicable “Total Service Fees”. The Service Fees are added to the actual “Boat Fees” to calculate the “Total Service Fees” (which will also include applicable Taxes) displayed in the applicable Listing. Sailo will collect the total payment at the time of booking confirmation (i.e. when both the Owner and the Captain confirm the booking within 24 hours of the booking request). Sailo will subsequently initiate payment, less Sailo’s Service Fees (defined in the Fee and Commission Policy) to the Owner 24 hours after the Renter returns the applicable Boat (except to the extent that a refund is due to the Renter).
Appointment of Sailo as Payment Agent
Each Owner and Captain hereby appoints Sailo as the Owner’s limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner and the Captain. Each Owner agrees that payment of Boat fees made by a Renter to Sailo shall be considered the same as a payment made directly to the Owner and the Owner will make the Boat available to the Renter in the agreed time upon manner as if the Owner has received the Boat Fees. Each Owner and Captain agrees that Sailo may, in accordance with the cancellation policy undersigned by the Owner and the Captain 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 the applicable Cancellation Policy. In accepting appointment as the limited authorized agent of the Owner, Sailo assumes no liability for any acts or omissions of the Owner. Registered Sailo Affiliates appoint SAILO as the Affiliate’s limited agent solely for the purpose of collecting payments made by Owner’s on behalf of the Affiliate for products and services provided by the Affiliate. Each Affiliate agrees that payment of fees made by an Owner to Sailo shall be considered the same as a payment made directly to the Affiliate. Please note that Sailo does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Sailo 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 Service. Please note that Sailo will provide notice of any such additional fees via the Service, prior to implementing such fees.
Booking and Financial Terms for Renters
The Owners and the Captains, not Sailo, are solely responsible for honoring any confirmed bookings and making available any Boats reserved through the Service. If you, as a Renter, choose to enter into a transaction with an Owner and a Captain for the booking of a Boat, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Boat imposed by the Owner. You acknowledge and agree that you will be responsible for performing the obligations of any such agreements, and that Sailo is not a party to such agreements, and that, with the exception of its obligations hereunder to pay Fees to the applicable Owner and the Captain, Sailo disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Sailo is not a party to the agreement between you and the Owner/Captain, Sailo acts as the Owner’s/Captain’s payment agent for the limited purpose of accepting payments from you on behalf of the Owner. You agree to pay Sailo for the fees and deposit for any booking requested in connection with your Member Account if such requested bookings are confirmed by the applicable Owner and the applicable Captain. In order to establish a booking pending the applicable Owner’s and the applicable Captain’s confirmation of your requested booking, you understand and agree that Sailo, on behalf of the Owner and the Captain, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card or other payment method for the fees and deposit or (ii) charge your credit card or other payment method for the entire rental amount plus applicable deposit. Once Sailo receives confirmation of your booking from the applicable Owner and the applicable Captain, Sailo will collect the fees and deposit in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Sailo cannot control any fees that may be charged to a Renter by his or her bank related to Sailo’s collection of the fees and deposit, and Sailo disclaims all liability in this regard. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card and other payment information either to Sailo or its third party payment processor. You agree to pay Sailo for any confirmed bookings made in connection with your Member Account in accordance with these Terms by one of the methods described on the Site or Application. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Sailo or indirectly, via a third party online payment processor or by one of the payment methods described on the Service. You also authorize Sailo to charge your credit card in the event of damage caused on a boat or for other fees outlined in the fee and commission policy. If you are directed to Sailo’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 you’re confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
Security Deposits
Sailo includes a security deposit in every Listing (“Security Deposits”). For all Security Deposits included in a Listing for a confirmed booking of a Boat, Sailo will, in its capacity as the payment agent of the Owner, either charge the Renter’s credit card or use its commercially reasonable efforts to obtain a pre-authorization of the Renter’s credit card in the amount determined for the Security Deposit within a reasonable time prior to the Renter’s check-in at the applicable Owner’s Boat. Sailo will also use its commercially reasonable efforts to address Owners’ requests and claims related to Security Deposits, but Sailo is not responsible for administering or accepting any claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.
Service Fees and Rules
In consideration for providing the Service, Sailo collects service fees from Owners and Renters (“Service Fees”). Service Fees are made up of two (2) components: (i) Renter Service Fees and (ii) an Owner Service Fee charged to the Owner based upon a percentage of the amount of the Boat Fees. Where applicable, Taxes may also be charged in addition to the Owner Service Fees. Owner Service Fees are deducted from the Total Service Fees before remitting the Boat Fees to the Owner, within 24 hours of when the Renter returns the applicable Boat. Renter Fees are, as noted above, also included in the Total Fees. Balances will be remitted by Sailo to Owners and Captains through direct deposit or other payment methods described on the Service, in US dollars. More information on Services Fees can be found in the Fee and Commission Policy. Except as otherwise provided herein, Service Fees are non-refundable.
Fees, Billing and Payments
As per Fee and Commission Policy and Procedures, you agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Service. Sailo reserves the right to add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in the Fee and Commission Policy. If you are an Owner, you may set the Rental fee for your boat as permitted by the Service. Sailo will adjudicate the Rental fee on your behalf, which means processing the Renters credit card, retaining a commission as set forth in our Fee and Commission Policy, distributing funds to third parties such as, but not limited to Affiliates and remitting such funds to you as provided in this section. Saio will remit payments due to you hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are received for completed rentals. Payment shall be in the form you select when you register for the Service, or subsequently updated as permitted by the Service. Sailo reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or any amounts due as a result of a breach of these Terms by you, pending Sailo's reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Sailo in writing within thirty (30) days of any such payment; failure to so notify Sailo shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by SAILO. No other measurements or statistics of any kind shall be accepted by SAILO or have any effect under these Terms.
Cancellations and Refunds
If, as a Renter, you cancel your requested booking before the requested booking is confirmed by the Owner and the Captain, Sailo will cancel any pre-authorization on your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made via the Service, either prior to or after arriving at the Boat, the Cancellation Policy contained in the applicable Listing will apply to such cancellation. Our ability to refund the Boat Fees and other amounts charged to you, along with details regarding refunds and cancellations are available via the Service in the Cancellation Policy. If an Owner or a Captain cancels a confirmed booking made via the Service, (i) Sailo will refund the fees related to such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the Renter may receive an email or other communication from Sailo containing alternative Listings and other related information.
Taxes
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Sailo cannot and does not offer tax-related advice to any Members of the Site, Application and Service. Additionally, please note that each Owner and Captain is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
User Conduct
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 Service and Content. In connection with your use of our Services, you may not and you agree that you will not:
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;
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 Service or Content;
use the Service for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Service or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Service, 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;
use our Service 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;
use our Service in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Service or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Sailo Renter, Owner or a Captain;
offer, as an Owner, any Boats that you do not yourself own or have permission to rent;
offer, as an Owner, any Boat that may not be rented pursuant to the terms and conditions of an agreement with a third party;
register for more than one Sailo Account or register for a Sailo Account on behalf of an individual other than yourself;
contact an Owner for any purpose other than asking a question related to a booking such Owner’s Boats or Listings;
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;
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 Sailo, without Sailo’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Service;
use the Service to find an Owner or Renter and then complete a booking of a Boat transaction independent of the Services in order to circumvent the obligation to pay any Service Fees related to Sailo’s provision of the Service;
sumbit, as an Owner, any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
post, upload, publish, submit or transmit any Content that, in Sailo’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;
systematically retrieve data or other content from our Service 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;
use, display, mirror or frame the Service, or any individual element within the Services, Sailo’s name, any Sailo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Sailo’s express written consent;
access, tamper with, or use non-public areas of the Service, Sailo’s computer systems, or the technical delivery systems of Sailo’s providers;
attempt to probe, scan, or test the vulnerability of any Sailo system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Sailo or any of Sailo’s providers or any other third party (including another user) to protect the Services or Collective Content;
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 Service or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Sailo will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Sailo may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Sailo has no obligation to monitor your access to or use of the Service or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Service, 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. Sailo reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Sailo, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service.
Privacy
We care about the privacy of our Users. Our Privacy Policy outlines how we use and safeguard your information. You understand that by using the Service, you are consenting to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States. For details regarding the information and notices concerning Sailo’s collection and use of your personal information, please see Sailo’s Privacy Policy.
User Content
Subject to your compliance with these Terms, Sailo grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Sailo Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sub-license the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sailo or its licensors, except for the licenses and rights expressly granted in these Terms.
Member Content
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Service, you hereby grant to Sailo a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sub-license, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Service or otherwise. Sailo does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to Sailo the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Sailo’s use of the Member Content (or any portion thereof) on, through or by means of the Service or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Moreover, some areas of the Service may allow Users to post feedback, comments, questions, and other content or information (any such materials a User submits, posts, displays or otherwise makes available on the Service is referred to as "User Content"). You retain ownership of your User Content. You are solely responsible for the User Content that you upload, publish, display, link to or otherwise make available on the Service, and you agree that Sailo is only acting as a passive conduit for your online distribution and publication of your User Content. You understand that Sailo does not guarantee any confidentiality with respect to any User Content. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. Sailo reserves the right, but is not obligated, to reject and/or remove any User Content that Sailo believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization. For the purposes of these Terms, "Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. Sailo takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use the Service, is solely your responsibility. Sailo is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Sailo not be liable for any damages you allege to incur as a result of such User Content. Moreover, Sailo does not endorse any Users, any User Content or Rentals. You are solely responsible for your interactions with other Sailo Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Sailo shall have no liability for your interactions with other Users, or for any Users action or inaction, with respect to Rentals or the Service. You acknowledge that Sailo does not offer boat rental services. Instead, the Service allows Renters, Boat Owners and Captains to transact Rentals directly with each other. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth or accuracy of Rentals, User Content, or other services or transactions available via the Service. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a particular User or third party that cause you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Sailo with respect to such actions or omissions. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Service. PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE RENTALS. Sailo CANNOT AND DOES NOT CONTROL THE USER CONTENT CONTAINED IN ANY RENTAL, THE CONDITIONS OF ANY BOATS PROVIDED THROUGH THE SERVICE, THE BEHAVIOR OF ANY USER OR THE ACTIONS OF ANY USER. Sailo IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RENTALS AND USER CONTENT. ACCORDINGLY, ANY RENTALS MADE BY A USER, RENTER, OWNER'S AND/OR CAPTAIN WILL BE MADE AT THE USER, RENTER, OWNER AND/OR CAPTAIN’S OWN RISK.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that Sailo is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Sailo of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge the sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Property Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Sailo used herein are trademarks or registered trademarks of Sailo. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback by emailing us at support@sailo.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Sailo and you hereby irrevocably assign to Sailo and agree to irrevocably assign to Sailo all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Sailo’s request and expense, you will execute documents and take such further acts as Sailo may reasonably request to assist Sailo to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Copyright Dispute Policy
Sailo respects copyright law and expects its users to do the same. It is Sailo’s policy to terminate in appropriate circumstances the Sailo Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Termination and Sailo Account Cancellation
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 Service, and (b) deactivate or cancel your Sailo 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 Sailo terminates these Terms, or your access to our Service or deactivates or cancels your Sailo Account you will remain liable for all amounts due hereunder. You may cancel your Sailo Account at any time by sending an email to support@sailo.com. Please note that if your Sailo Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Service, including, but not limited to, any reviews or Feedback.
Disclaimers
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT Sailo DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS, OWNERS AND CAPTAINS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Sailo 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. Sailo MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY BOATS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Sailo MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, BOATS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Sailo OR THROUGH THE SERVICE OR COLLECTIVE 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 SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT Sailo DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICE OR TO REVIEW OR INSPECT ANY BOATS. Sailo MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICE, INCLUDING, BUT NOT LIMITED TO, RENTERS, OWNERS AND CAPTAINS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY Sailo. NOTWITHSTANDING Sailo’s APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS AND THE CAPTAINS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS AND THE CAPTAINS, Sailo EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
Limitation of Liability
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 SERVICE AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY BOATS VIA THE SERVICE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER Sailo NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE 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 COLLECTIVE 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 SERVICE, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY BOAT VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Sailo 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. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL Sailo’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, YOUR LISTING, BOOKING OR USE OF ANY BOAT VIA THE SERVICE, OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY BOAT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICE AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY Sailo TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Sailo AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Sailo’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Sailo 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.
Dispute Resolution
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration with Arbitration Resolution Services (ARS). The parties expressly agree to abide by any and all rules of ARS as found in their web site at www.arbresolutions.com. In the event that a party fails to pay any award, the award may be converted to judgment in a Court of competent jurisdiction.
General
The failure of Sailo to enforce any right or provision of these Terms will not constitute a 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 Sailo. 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 an arbitrator or 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.
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ALL CONTENT CONTAINED HEREIN IS SUBJECT TO CHANGE AT ANY TIME, AT Sailo’S SOLE DISCRETION AND WITHOUT PRIOR NOTICE. SUCH CHANGES, MODIFICATIONS, ADDITIONS OR DELETIONS TO THE POLICIES AND PROCEDURES SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE THEREOF, WHICH MAY BE GIVEN BY ANY MEANS INCLUDING, BUT NOT LIMITED TO, POSTING NEW POLICIES AND PROCEDURES ON THE SITE. ANY USE OF THE SITE AFTER SUCH CHANGE OR MODIFICATION SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES, MODIFICATIONS, ADDITIONS, OR DELETIONS. Sailo MAY TERMINATE, CHANGE, SUSPEND OR DISCONTINUE ANY ASPECT OF THE SITE, INCLUDING THE AVAILABILITY OF ANY FEATURES OF THE SITE, AT ANY TIME. Sailo MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OF THE SITE WITHOUT NOTICE OR LIABILITY.
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