SOCIAL FLOATS IS A VENUE AND IS NOT A PARTY TO ANY RENTAL AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE WEBSITE.
Social Floats is Only a Venue. Socialfloat.com acts as a venue for users of the Website as renters and boat owners to view and post available boats to facilitate the rental of such boats. Social Floats is not a party to any actual agreement or transaction between Renters and Members even though we may from time to time provide tools that relate to a booking, such as a tool to enable a Renter to enter into a transaction to rent a specific boat directly from a Member and payment services to facilitate the booking.
Users acknowledge and agree that you will be required to enter into a separate agreement and/or waiver, directly between the Renter and Member, prior to making a booking or purchasing a product or service and such agreement and/or waiver may place additional restrictions on your booking, product, or service. Any separate agreements and/or waivers relating to the rental of a boat or related products or services are under the sole control of any Member or provider and Renter.
Release and Indemnity
In the event of a dispute between a renter and a member arising from such separate agreements or transactions, you hereby release and hold Social Floats and its directors, officers, agents and employees harmless from any claims, costs, demands and damages (actual and consequential) of every kind and nature including without limitation reasonable attorneys’ fees, known and unknown, arising out of or in any way connected with such disputes.
Social Floats is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Website, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link.
Your Use of Services
Conditions of Use- As a condition of your use of Services, you expressly represent and warrant that:
- If you will be operating a boat, you are responsible for ensuring that you are legally authorized to operate a boat in the state in which you are renting;
- You possess the legal authority to create a binding legal obligation;
- You will use this Website in accordance with the Terms;
- You will only use this Website to post or view, as applicable, available boat rentals or transact legitimate boat rentals for you or for another person for whom you are legally authorized to act with other Users;
- You will inform such other persons about the terms and conditions that apply to the boat rental you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto;
- If you are booking a rental on behalf of another person, you are individually responsible for ensuring that such other person is a party to the separate agreement for the rental of the boat;
- All information supplied by you to Social Floats is true, accurate, current and complete
- If you have a Social Floats account, you will safeguard your account information. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity.
Please keep in mind that we will treat anyone who uses your user name and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of the person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password or otherwise obtaining access to the Services in this or any other inappropriate manner.
Establishing Payment Account
As a Renter, you are responsible for opening an account, providing payment authorizations for bookings and paying for Services according to these Terms, as well as others which may be included at the time of booking. You agree to provide all requested information, including a credit card to be used for pre¬authorization/reserve and payment/capture for Services. Payment for a booking will be made by Social Floats directly to the Member who posted the listing.
Renters are responsible for leaving the rented boat in the same condition it was in before you rented it. Renters acknowledge and agree that you are responsible for all acts and omissions of you and your guests on the boat that affect the condition of the boat. In the event a Member claims and provides evidence of damage to the boat, you agree that Social Floats shall be entitled to charge a deposit to your credit card to cover the cost of the damage, as established after reasonable investigation. We will notify you of any damage claim made by a Member related to your rental and you will have an opportunity to respond, as set forth in such notice. We will only charge a deposit to Renter’s credit card after the rental is complete if the Member has made a claim and the deposit amount has been deemed appropriate after investigation of the claim.
We reserve the right to adjust the conversion rate based upon when the payout is made to the Member. The service fee and any conversion fee constitute “Transaction Fees.” Social Floats reserves the right to adjust its Transaction Fees at any time. Any Fee changes will be effective the next time you book a rental after such fee change goes into effect. For more queries, kindly email us at email@example.com
Payment to Members
We reserve the right to hold payment to Members if we suspect there has been fraud or other suspicious activity in connection with the rental or payment. Unacceptable payment methods that may be posted on the Website may result in the immediate removal of the non-conforming listing from the Website without notice to the Member and without refund. Unacceptable payment methods are those methods that may pose a risk of fraud, identity theft, or breach of privacy.
ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN RENTERS AND MEMBERS OTHER THAN PAYMENT THROUGH Social Floats IS A VIOLATION OF THESE TERMS.
The rental/booking fee and any additional expenses may be subject to applicable local, federal and state taxes. The Member accepting the booking is solely responsible for the collection, reporting, and payment of applicable taxes. Social Floats may charge applicable taxes to Renter’s credit card solely at the direction of the Member. Members are solely responsible for determining applicable taxes and should consult with your own legal/tax adviser about any tax questions in this regard. For Members based in the European Union, it is your responsibility to include VAT in the price of the booking and you will be responsible for reporting VAT. If you are not registered for VAT purposes or if you do not provide/validate your VAT number, social floats will withhold VAT from your payment.
Transaction Fees will never be refunded. Social floats will charge a fee for any reservation that is cancelled after both parties have agreed on a booking. For more query, kindly email us at:firstname.lastname@example.org
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each User of Member’s purported identity. Notwithstanding the foregoing, you agree that you will provide us or the Member with whom you book a rental whatever proof of identity we may reasonably request.
You agree to,
(i) Keep your password and online ID for both your Social Floats account and your email account secure and strictly confidential
(ii) Notify us immediately and select a new online ID and password if you believe your password for either your Social Floats account or your email account may have become known to an unauthorized person,
(iii) Notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your Social Floats account and your email account. Exclusion of Warranties
Limitation of Liability
In no event will social floats it’s officers, directors, employees, agents, subsidiaries or affiliates be liable to you or any party for:
- Any direct, indirect, incidental, consequential, special, exemplary, or punitive, damages arising out of the use, availability or unavailability of the services (including but not limited to the unavailability or change in advertised and/or purchased boat rentals) or any other services or goods obtained through use of any of the foregoing, or any data transmitted through the service, even if social floats has been advised of the possibility of such damages; and
- Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
- Any changes which social floats may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
- Your failure to provide social floats with accurate account information;
- Your failure to keep your password or account details secure and confidential.
- Any bodily injury or death that may occur as the result of a boating related accident, the reservation for which was facilitated using social floats’s services. You agree that social floats is not a party to any contract or agreement for boat rentals and is in no way responsible for injuries to persons or damage to property which may occur during or related to a boat rental whether as a result of the negligence of any renter, boat operator, or member, or the safety of any boat or for any other reason.
You agree to defend and indemnify Social Floats, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought as a result of:
- Your breach of the Terms;
- Your violation of any law or the rights of a third party
- Your use of this Website and the Services.
The Services contain proprietary materials such as logos, text, software, photos, video, graphics, music and sound. Social Floats is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks. In using the Services, you agree not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining Social Floats’ prior consent, except you may make limited copies of your booking documents (and related documents) for boat rentals booked through this Website.
No Spam, Spyware, or Spoofing
We and our Users do not tolerate spam. You may not use the Site to send spam or otherwise send content that would violate the Terms.
Links to Third-Party Websites
The Services may contain links to other websites operated by parties other than Social Floats (“Third-Party Websites”). Social Floats’ links to such other Third-Party Websites is for informational purposes only and does not imply any endorsement of the products, services or material on such Third-Party Websites or any association with their sponsors or operators. You access any Third-Party Websites at your own risk. We are not responsible in any way for such Third-Party Websites or resources. We will not have any liability as a result of your use of such Third-Party Websites and resources, and your use of such sites and resources will not be governed by these Terms.
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
This Agreement, the Terms, the Services and any modifications thereto may not be assigned or in any way transferred by you without the prior written consent of Social Floats. Social Floats may assign this Agreement, the Terms, and any information you provide without your consent, including, without limitation, in connection with a sale of its business, assets, a merger or other similar transaction.
The terms of this Agreement shall be construed in accordance with the substantive laws of the State of California, United States of America, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.
Choice of Forum and Venue
You hereby consent to the exclusive jurisdiction and venue of courts in Minnetonka, MN, U.S.A., in all disputes arising out of the Terms or relating to the use of the Service.
No Responsibility for Acts of God
Social Floats shall not be liable for any delay or failure to perform in connection with any booking, Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of the boat under legal process, adverse weather conditions, inability to obtain fuel, boat damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or docking approvals, clearances or permits by governmental authority, or any other cause which is beyond the control of Social Floats.
If any provision of the Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision.
No waiver of any of the Terms shall be deemed a waiver of any other such Terms set forth herein.
The Terms constitute the entire agreement between you and Social Floats with respect to the subject matter covered herein, including use of the Services and any subject matter therein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
Social Floats may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User’s use of all or any portion of the Services if you breach the Terms, or at any time or for any reason, at the sole discretion of SOCIAL FLOATS.
Social Floats does not recommend one Member over another and does not provide advice to users regarding which Member to select for the rentals. All comments or reviews posted by Social Floats users, Renters, or Members on our Website do not represented the views of Social Floats in any way and are not endorsed by Social Floats absent a specific written statement to the contrary.
You agree that no joint venture, partnership, agency or employment relationship exists between you and Social Floats as a result of this Agreement or use of this Website.
Notice of Claim
You agree that all disputes arising out of the Terms or the use of Social Floats’ Services shall be communicated to Social Floats in writing within thirty (30) days from the date of the incident causally related to the dispute. You hereby waive your right to any claim against Social Floats not communicated as provided by this Section.
Any rights not expressly granted herein are reserved by Social Floats