RentABoat.com Terms and Conditions

1 - Payment Terms
By accepting these Terms & Conditions you agree to discount your boat rental rates by 15% or pay $20 per month - per boat (unless otherwise negotiated with RentABoat.com). By accepting the 15% discount option you get to list unlimited boats for free. When a client selects you and your boat we collect the 15% via credit card (unless otherwise negotiated) you then must collect the balance from the client. By accepting the Terms & Conditions you also agree that you will immediately contact the customer after you have received email confirmation that they have booked a boat on our system. It is your responsibility to collect any additional information and deposits over and above RentABoat.com's brokerage fee. The fee that is collected is a brokerage fee only and is not determined as a deposit. In the event that you are unable to or do not want to fulfill rental with the client, please contact us so we can refund said client. All rentals are considered tentative until both client and boat owner agree and contact each other. All rental clients are notified prior to transactions and also via email after transaction that rentals made through RentABoat.com are NOT valid until he or she contacts you, the boat owner and you accept and confirm transaction. If so desired, we can also contact you via phone, fax ox text messaging to confirm transactions if email is not suitable.

2 - Terms and Conditions of Use
a) RentABoat.com is a project by Hilderbrandt Industries 320 S Country Rd, Brookhaven, NY11719, USA. By using the RentABoat.com site, you are indicating your acceptance to be bound by these Terms and Conditions. The current version of the Terms and Conditions is always available on this Web page. If you do not accept the Terms and Conditions, you cannot use this site. RentABoat.com has the right to terminate your contract if you do not follow the Terms and Conditions. The following Terms and Conditions apply to all existing and future interactions between you and this site. The terms "you," "your," and "facility" are used interchangeably herein to refer to all individuals and business entities accessing and using this site.
b) Acceptable deviations from these Terms and Conditions (such as supplemental agreements or guarantees) that go above and beyond the content of the contract, including these Terms and Conditions, must be in writing.
c) RentABoat.com reserves the right to amend the Terms and Conditions at any time without notice, and it is your responsibility to periodically review these binding Terms and Conditions. If you do not agree to the amended Terms and Conditions, you have the right to terminate your contract within 30 days of the amendment of the Terms and Conditions. Failure to cancel your contract within these 30 days signifies your acceptance of the amended Terms and Conditions. You agree that your continued use of this site after such amendment indicates your acceptance of any such amendment.



3 - Use of Online Content
a) Facility warrants that all information and material provided and posted by facility is accurate, complete, and not misleading, and that any information and material provided and posted by facility does not infringe or misappropriate any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; will not violate any American laws or regulations, and if facility is not located in the United States, will not violate any law or regulation in the country of facility origin. RentABoat.com reserves the right to forward any expenses that occur as the result of a facility's infringement or misappropriation of information or material provided to the offending facility. RentABoat.com does not make any representations and warranties, express or implied, as to the accuracy, timeliness, completeness, or quality of any information or material provided by facilities.
b) RentABoat.com will take any action it deems appropriate with respect to your posted information if it believes that the information may create liability or harm. RentABoat.com has the right to disable or delete pages containing information provided by a facility and delete a facility's ads or offers. The facility will be informed in a timely manner about the possible interruption in service or deletion of a page, ad, or offer. The same applies if RentABoat.com is notified by a third party to modify or delete facility-posted information available on this site because it violates another individual's or business entity's rights. If the accused facility can bring forward evidence that a violation of a third party's rights is not likely, RentABoat.com will reinstate the disabled or deleted information following the review of the presented evidence.
c) RentABoat.com allows facilities to post classified ads for the purpose determined by the classified categories. It is illegal to use the RentABoat.com Web pages for any other purpose, including promotional advertisements or derivatives thereof. Facility warrants that facility will not post any information or material that contains slanderous, obscene, pornographic, or defamatory content. RentABoat.com reserves the right, at its sole discretion, to terminate a facility's contract if a violation of these Terms and Conditions is suspected or evident. In case of a violation of these Terms and Conditions, the facility will be liable.
d) Each classified ad or offer may be posted only once. The facility may include a photo of the appropriate boat or boat type only, no substitutions are allowed.
e) RentABoat.com reserves the right to delete classified ads or offers that are posted several times, without consultation with the facility.
f) RentABoat.com reserves the right to display banner and other advertisements for profit on any RentABoat.com Web page.

4 - References and Links
RentABoat.com is not responsible or liable for the content of third-party Web sites accessed through direct or indirect references or links from RentABoat.com, unless it is evident that RentABoat.com had knowledge of any infringing or harmful third-party content, and RentABoat.com could have been reasonably expected to disable access to such third-party content. In general, RentABoat.com does not have any influence on and does not make any representations regarding the current and future design and content of any referenced or linked third-party Web site. Hence, any such references and links do not represent an endorsement by RentABoat.com of the referenced or linked third-party content. This applies to all references and links as well as to information contributed by facilities to or posted by facilities on RentABoat.com's guest book, forums, mailing lists, and pages containing ads or offers. The owner of a referenced or linked Web site containing illegal, inaccurate, or incomplete information is solely liable for any damages arising from the use or lack of use of such information.

5 - Intellectual Property Rights
Any content developed by RentABoat.com is the exclusive property of RentABoat.com and is under the protection of US and international copyright and intellectual property laws. Unauthorized distribution or use of such content including graphics, audio files, video files, and other digital or printed documents is prohibited. All Web pages are treated as intellectual property. You may not copy, reproduce, or distribute Web pages in part or as a whole for any public or commercial purpose. Reproduction and other use of Web pages and other intellectual property in any media are only permitted with written authorization from RentABoat.com.

6 - Non-Public Area
a) RentABoat.com may provide you with a password allowing access to the non-public area of this site, where you may post information and material according to guidelines set within the Terms and Conditions. You are prohibited from disclosing the password to or sharing the password with any third parties.
b) RentABoat.com is in no position to screen or monitor information posted by a facility in the non-public area. The facility who was provided with the password to the non-public area by RentABoat.com carries the sole responsibility for any information posted in the non-public area using aforementioned password.
c) You agree not to post any material including graphics, audio files, video files, or other digital or printed files that is copyrighted by or that infringes on any other intellectual property rights of a third party, unless you have the permission of the copyright or intellectual property owner to post it.
d) RentABoat.com is under no legal obligation to control the information provided by facilities on this site, and it does not represent or guarantee the truthfulness, accuracy, legality, or reliability of information posted by facilities on this site. In case any content provided on this site by a facility signifies a legal or moral violation or a violation against the Terms and Conditions, the facility is solely liable for any damages including, without limitation, consequential and incidental damages and lost profits resulting from such posted information.

7 - Privacy and Data Protection
a) Unless stipulated differently in writing, any information provided by facilities on this site is not treated as confidential. The content of facility-posted ads or offers and any included contact information may be made available to third parties (such as online directories, portals, search engines, and similar entities or services).
b) The facility agrees to the electronic storage, use, and transfer of facility's provided information by RentABoat.com according to the applicable data protection laws of US.
c) If RentABoat.com contracts or affiliates with a third party to provide any services made available through this site, it reserves the right to disclose any facility data to the third party as necessary for the continued functionality and security of its business.
d) The facility is not permitted to access information not intended for such facility or any third party or log into an account that the facility is not authorized to access.
e) The facility is aware that any online communication and data transfer may be intercepted and processed by a third party. The facility assumes all such risks. E-mail communications may be insecure: such communications may be intercepted and accessed by skilled third parties.

8 - Range of Services
a) The range of services provided by RentABoat.com is stipulated within the applicable contract.
b) RentABoat.com reserves the right to amend, extend, or improve any services.
c) RentABoat.com reserves the right to discontinue any complimentary services at any time without notice. No rights or entitlement to refunds or any other damages arise from such discontinuance.
d) RentABoat.com reserves the right to make technical modifications to any service. As far as possible, service functionality will not be impaired by such a modification. The facility is not entitled to and RentABoat.com is not liable for any damages in excess of the value of applicable service fees paid to RentABoat.com for claims that arise from any malfunction of services.
e) Currently various complimentary services are offered at RentABoat.com. It may not be assumed that such services will remain complimentary indefinitely. RentABoat.com reserves the right to change any complimentary service into a fee-based service at any time. RentABoat.com may notify facilities about such changes in the service fee structure, but it is not obligated to do so.

9 - Contract Period
a) By agreeing to Terms and Conditions, the facility enters into a contract with RentABoat.com.
b) All contracts are valid for one (1) year, unless noted differently. In case of an upgrade, the upgraded contract is also valid for one (1) year. The upgraded contract applies to the whole service package and becomes effective at the time of the upgrade.
c) A contract can be canceled in writing at any time prior to contract's expiration date in order to avoid automatic renewal of contract. Contract may also be terminated at any time due to critical circumstances. A critical circumstance is apparent in case of a significant or continuing violation against the Terms and Conditions or in case that enforcement of the contract is unfeasible. In case of a contract's termination due to critical circumstances, RentABoat.com reserves the right to immediately prohibit access to the non-public area and to delete any pages or part thereof containing information or offers provided by the formerly contracted party.
d) Any change in service prices is posted at RentABoat.com in a timely manner, and such a change entitles the facility to cancel the contract within 14 days of the posting of such a change. Failure to cancel the contract within these 14 days signifies the facility's acceptance of the new prices, which then automatically apply to the contract.

10 - Limitation of Liability
a) RentABoat.com researches the contents of RentABoat.com as well as possible. RentABoat.com makes no warranties about the accuracy, reliability, completeness, or timeliness of the provided or posted information. Information provided by facilities in guest books, forums, and similar services represents the opinion of the applicable facility and does not signify an endorsement of such information by RentABoat.com. You are accessing such information at your own risk.
b) RentABoat.com is not liable for lost profits, business interruptions, unrealized cost savings, and any incidental or consequential damages. This limitation of liability does not apply to damages that result from intent or negligence.
c) RentABoat.com is not liable for lost data. The facility is responsible to protect facility's data with security measures that reflect the current state of technology and thereby allow for the reconstruction of any such data at the minimum acceptable level of effort. In addition, the facility is responsible for providing such data to RentABoat.com once more at no cost.
d) RentABoat.com is not liable for any damages that are the results of circumstances beyond RentABoat.com's control including acts of God or labor interruptions.
e) RentABoat.com does not screen or verify the content of ads or offers and the identity of facilities.

11 - Additional Terms
a) You agree that the sole jurisdiction and venue for any litigation arising from your use of this site or services shall be an appropriate court located in Suffolk County, New York United States.
b) The laws of Suffolk County, New York United States shall govern these Terms and Conditions.
c) If any provision of these Terms and Conditions is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of these Terms and Conditions be construed to remain fully valid, enforceable and binding on the parties. In addition, the parties will replace the invalid or unenforceable provision with a provision that serves the same purpose in a valid and enforceable manner.