The use of this Website and Services on this Website provided by Www.Beaufortboatrentalsllc.com (hereinafter referred to as Beaufort Boat Rentals LLC) are subject to the following Terms & Conditions (hereinafter “Terms” or “Contract”), all parts and sub-parts of which are specifically incorporated by reference here. This Contract shall govern the use of all pages on this Website (collectively “Website”) and any Services provided by or on this Website.
- Contract: means these terms and conditions.
- Services: means any and all rental of Products provided by or on the Website.
- Products: means any or all products including but not limited to boats, boat trailers, and life-saving equipment provided by or on the Website for rent.
- Parties: Collectively, the parties to this Contract (the Company and You) will be referred to as Parties.
- COMPANY, Us, We: The COMPANY, as the creator, operator, and publisher of the Website, makes the Website and certain Services on it available to users. COMPANY, Us, We, Our, Ours and other first-person pronouns will refer to COMPANY and all employees and affiliates of the COMPANY.
- You, User, Client: You, as the User of the Website, will be referred to throughout this Contract with second-person pronouns such as You, Your, Yours, or as User or Client.
2_ ACCEPTANCE & ASSENT. By using the Website and services, You warrant and admit that You have read and reviewed this Contract and that You agree to be bound by it. If You do not understand and agree to be bound by this Contract, please cease using the Website immediately. We only agree to provide use of this Website and Services to You if You agree to this Contract.
3_ LICENSE TO USE WEBSITE. We may provide You with certain other information resulting from your utilization of the Website or Services. Such information may comprise but is not limited to documentation, data, or information created by Us and other materials that may support your use of the Website or Services (“COMPANY Materials”). Subject to this Contract, We grant You a non-exclusive, revocable, non-transferable and limited license to use Our Materials exclusively in connection with Your use of the Website and Services. Our Materials may not be utilized for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or upon the termination of this Contract.
4_ INTELLECTUAL PROPERTY. You consent that the Website and all Services provided by Us are the property of COMPANY, including all copyrights, trade secrets, trademarks, patents, and other intellectual property (“COMPANY IP”). You consent that We own all rights, interests and titles in and to the COMPANY IP and that You will not utilize the Our IP for any illegal, illegitimate or infringing purpose. You acknowledge and agree not to copy, reproduce or distribute the Our IP in any way, including electronically or via registration of any new trademarks, service marks trade names, or Uniform Resource Locators (URLs), without prompt written authorization from the COMPANY.
5_ USER OBLIGATIONS. As a user of the Website or Services, You may be asked to register with Us to access or use the Website. If You do so, You may be asked to provide personal information such as Your e-mail address and name, as well as choosing a user name and a password (“Identifying Information.). You are liable for ensuring the accurateness of this information. You provide as part of the registration process. This identifying information will qualify You to use the Website and Services. You are under the obligation not to share such identifying information with any third party, and if You realize that Your identifying information has been compromised, You agree to inform Us immediately in writing. Providing wrong or misleading information or using the Website or Services to fraud or illegal activity is grounds for simultaneous termination of this Contract.
6_ ACCEPTABLE USE. You agree and consent not to use the Website or Services for any illegal purpose or any purpose restricted under this clause. You admit not to use the Website or Services in any way that could harm or damage the Website, Services, or COMPANY’s general business.
a) You further admit not to use the Website or Services:
I) To harass, threaten, abuse, any others or to otherwise infringe any person’s legal rights;
II) To infringe any intellectual property rights of the COMPANY or any third party;
III) To upload or disseminate any computer viruses or other software that may harm or damage the property of a third party;
IV) To perform any fraud;
V) To involve in or create any illegal gambling, sweepstakes, or pyramid scheme;
VI) To publish or create any offensive or defamatory material;
VII) To publish or create any material that provokes violence, enmity, or discrimination towards any group;
VIII) To illegitimately collect information about others.
7_ AFFILIATE MARKETING. COMPANY, through the Website and Services, may involve in affiliate marketing whereby We receive a percentage or commission of the sale of goods or services on or through the Website. We may also accept marketing and sponsorships from commercial businesses or receive other forms of marketing compensation.
8_ SALES. COMPANY sells Services on the Website. We undertake to be as correct as possible with all information regarding the Services, including product descriptions and images. However, We do not assurance the accuracy or reliability of any product information, and You agree and acknowledge that Your booking of such products is at Your own risk.
9_ ONLINE BOOKING. In connection with your use of the Website and acquiring services, You can book the Products online, any fee relevant thereto shall be charged from You on the length of time of Your booking. If You exceed the stipulated time, You will be charged for such excess along with an overage charge if such excess time conflicts with other Users’ booking time.
10_ PAYMENT/FEE. All the payments/fees shall be paid in advance through a third-party payment service provider at the time of booking to acquire the Services. The process of payments in connection with your use of the Website will be subject to the terms, conditions and privacy policies of these third parties Payment Processors in addition to this Contract. We are not responsible for any errors by the payment processor.
11_ CANCELLATION POLICY. You may cancel the booking as specified above, by serving 10 days prior notice on following Email address: Boats@Beaufortboatrentalsllc.com or call 843-812-2994
If Your cancel the booking less than the aforementioned specified time, You will be charged in full, and the COMPANY shall not be responsible to reimburse the advance.
If COMPANY cancel the booking due to any serious reason, the COMPANY will refund the booking amount in full within 02 days.
12_ DATA LOSS. We do not accept responsibility for the security of Your account or content. You admit that Your use of the Website or Services is at Your own risk.
13_ THIRD-PARTY LINKS & CONTENT. The COMPANY may sometimes post links to third party websites or other services. You consent that We are not answerable or liable for any damage or loss caused by your use of any third party services linked to Our Website.
14_ MODIFICATION & VARIATION. The COMPANY may, from time to time and at any time without notify to You, amend this Contract. You agree and acknowledge that COMPANY has the right to amend this Contract or revise anything stated herein. You further agree that all amendments and variations to this Contract are in full force and effect instantaneously upon posting on the Website. Changes and amendments will replace any prior version of this Contract unless prior versions are particularly referred to or incorporated into the latest modification or variation of this Contract.
If you fail to monitor any amendments to or variations of this Contract, You agree that such failure shall be considered an affirmative waiver of Your right to review the amended and modified terms.
15_ DISPUTES. We will try to resolve any controversy with you rapidly and efficiently. If you are unhappy with us, please contact us as soon as possible.
If you and we cannot resolve a controversy using our complaint handling procedure, we will:
A) Let you know that we cannot resolve the dispute with you;
b) Consider the need for substitute dispute resolution and, if considered essential, provide you with information about any substitute dispute resolution provider we consider suitable to deal with your complaint.
16_ ENTIRE CONTRACT. This Contract constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Contract supersedes and replaces all prior or contemporaneous Contracts or understandings, written or oral, regarding the use of this Website.
17_ SERVICE INTERRUPTIONS. We may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime for any reason, but that COMPANY shall have no liability for any damage or loss caused as a result of such downtime.
18_ TERM, TERMINATION & SUSPENSION. The COMPANY may immediately terminate this Contract with You at any time for any reason, with or without cause. We specifically reserve the right to terminate this Contract if You infringe any of the terms stated herein, including, but not limited to, infringing the intellectual property rights of the COMPANY or a third party, failing to conform with applicable laws or other legal responsibilities, and/or publication or distributing unlawful material. You may also end and terminate this Contract at any time by contacting Us and requesting termination of your account. At the termination of this Contract, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
19_ LANGUAGE. All communications or notices given pursuant to this Contract shall be in English language.
20_ APPLICABLE LAW. Your use of the Website and services is subject to the applicable laws of the state of South Carolina.
21_ ASSIGNMENT. This Contract, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Contract, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by the COMPANY, the rights and liabilities of the COMPANY will bind and inure to any assignees, administrators, successors, and executors.
INDEMNIFICATION: YOU ADMIT TO DEFEND AND INDEMNIFY COMPANY AND ANY OF ITS AFFILIATES (IF APPLICABLE) AND HOLD US HARMLESS IN RELATION TO ANY AND ALL LEGAL DEMANDS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES, WHICH MAY ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF THE WEBSITE OR SERVICES, YOUR BREACH OF THIS CONTRACT, OR YOUR CONDUCT OR ACTIONS. YOU AGREE THAT COMPANY SHALL BE ABLE TO SELECT ITS OWN LEGAL COUNSEL AND MAY PARTICIPATE IN ITS OWN DEFENCE IF WE CHOOSE.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
COMPANY’S SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF COMPANY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF PRODUCTS FOR A PARTICULAR PURPOSE.
TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY COMPANY SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY COMPANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
FORCE MAJEURE: THE COMPANY IS NOT LIABLE FOR ANY FAILURE TO PERFORM DUE TO CAUSES BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, ACTS OF CIVIL AUTHORITIES, ACTS OF MILITARY AUTHORITIES, RIOTS, EMBARGOES, ACTS OF NATURE AND NATURAL DISASTERS, AND OTHER ACTS WHICH MAY BE DUE TO UNFORESEEN CIRCUMSTANCES.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Contract, including e-mail or fax. For any queries or concerns, please e-mail Us at the following address: Boats@Beaufortboatrentalsllc.com or call 843-812-2994