Last Updated: March 29, 2021

The Yacht Today Platform. YACHT TODAY, LLC, a Florida limited liability company   (“YACHT TODAY” or “Y2T”, sometimes referred to as “we”, “us”, or “our”) owns and operates a proprietary online platform that enables Owners who have Yachts (as defined below) to list Yachts available for rent (“Yacht Listings”)  to Renters seeking to rent such Yachts, and enables Renters to locate Yachts to rent through the Yacht Listings, which platform is accessible at http://www.theyachtday.com and any other websites through which Yacht Today makes the platform available (collectively, the “Site”) with any other websites, applications, features, software or services provided, owned, or operated by Yacht Today that link to these Terms (collectively, the “YT Platform”).  The YT Platform also enables a community of Owners, Renters, Captains, and providers of services to Yacht Owners and Renters to maximize their yachting experiences and knowledge of yachting through online and e-commerce methodologies and to connect such participants in a centralized online location in a user-friendly, professional and efficient manner. YACHT TODAYTM is a trademark and brand name of YACHT TODAY LLC.

Legally Binding Terms of Use.   You agree to comply with and be legally bound by these Terms of Use (“Terms”), whether or not you become a registered Member using the YT Platform. These Terms govern your access to and use of the YT Platform and any services provided by the YT Platform and all Content (defined below) appearing on the YT Platform. These Terms constitute a binding legal agreement between you and Yacht Today. Your use of the YT Platform  is also subject to our Privacy Policy and all of our other  policies referred to in these Terms.  You agree that by clicking “join-now”, registering as a Member (whether as a Yacht Owner or a Renter), accessing, or using the YT Platform or any services provided thereby, you are agreeing to these Terms as a legally binding contract with Yacht Today.   If you do not agree that these Terms form a contract with you, or should you not wish to agree to these Terms, do not click “join-now” and do not access or otherwise use the YT Platform or any services provided thereby. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the YT Platform or any services provided thereby.

Registered Members – Yacht Today Account.

(a) To list a Yacht or book a Yacht for rental, you must register and open a Yacht Today Account. There are separate registrations for Members who are Yacht Owners seeking to list Yachts for rental, and Members who are Renters seeking to rent Yachts. Click on “Register Now” to begin the registration process to open a Yacht Today Account. You may view Yacht Listings as an unregistered visitor to the YT Platform; however, if you wish to book a Yacht or create a Yacht Listing, you must first register to create a Yacht Today Account. When using or opening an account with Yacht Today on behalf of a company, entity, or organization, you represent and warrant that  (i)  the entity is authorized to conduct transactions on the YT platform and register as a Member, (ii) you are an authorized representative of that entity with the authority to bind that organization to these Terms and grant the licenses set forth; and (ii) you agree to these Terms on behalf of such entity. “Owner” means a person who is either the legal owner of the Yacht which has a Yacht Listing or a duly authorized managing agent for the legal owner of the Yacht who is appointed and approved by the Yacht Owner.  The Yacht Owner creates and manages a Yacht Listing via the YT Platform, is responsible for approving rentals, checking in or out a Renter, or responding to messages on the website regarding the Yacht Listing. “Renter” means a Member who requests a booking of a Yacht via the YT Platform.  Reference to a “Yacht” in these terms means a marine vessel that is listed in a Yacht Listing, regardless of whether it is commonly referred to as a yacht, boat, vessel, motor vessel, motorboat, powerboat, sailboat, or ship.

(b) You may register as a Member directly via the YT Platform, or by logging into online accounts you may have with third-parties, such as Facebook; each such account, a “External Linked Account”.  You may link your Yacht Today Account with External Linked Accounts, by either: (i) providing your External Linked Account login information to Yacht Today through the YT Platform; or (ii) allowing Yacht Today to access your External Linked Account, as is permitted under the applicable terms and conditions that govern your use of each External Linked Account.

You represent that you are entitled to disclose your External Linked Account login information to Yacht Today and/or grant Yacht Today access to your External Linked Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable External Linked Account and without obligating Yacht Today to pay any fees or making Yacht Today subject to any usage limitations imposed by such third party service providers. By granting Yacht Today access to any External Linked Accounts, you understand that Yacht Today will access, make available, and store (if applicable) any Content that you have provided to and stored in your External Linked Account (“EL Content”) so that it is available on and through the YT Platform via your Yacht Today Account and profile page. All EL Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the External Linked Accounts you choose and subject to the privacy settings that you have established in such External Linked Accounts, personally identifiable information that you post to your External Linked Accounts will be available on and through your Yacht Today Account on the YT Platform.  Please note that if an External Linked Account or associated service becomes unavailable or Yacht Today’s access to such External Linked Account is terminated by the third party service provider, then EL Content will no longer be available on and through the YT Platform. Yacht Today makes no effort to review any EL Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Yacht Today is not responsible for any EL Content.You have the ability to disable the connection between your Yacht Today Account and your External Linked Accounts, at any time, by accessing the “Account” section of the YT Platform.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH PROVIDERS OF EXTERNAL LINKED ACCOUNTS SUCH AS FACEBOOK IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH PROVIDERS.

(c) We will enable the creation of your Yacht Today Account and your Yacht Today Account profile page for your use of the YT Platform based upon the personal information you provide to us or that we obtain via an External Linked Account as described above. You may not have more than one (1) active Yacht Today 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. Yacht Today reserves the right to suspend or terminate your Yacht Today Account and your access to the Services if you create more than one (1) Yacht Today Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

(d) 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 Yacht Today Account, whether or not you have authorized such activities or actions. You will immediately notify Yacht Today of any unauthorized use of your Yacht Today Account.

(e) Your Yacht Today Account is for your own personal use, and not for guests, friends, family members, business associates, or employees, You may not grant access to your Yacht Today Account to any other person or entity and you may NOT transfer, sell, assign, rent, or lease your Yacht Today Account to anyone else.  “Shared accounts” are not permitted. You will be personally responsible for all obligations incurred under your Yacht Today Account, even if you allowed someone else to utilize the account or book any Yacht rental or other services or allowed someone else to create a Yacht Listing.

(f) Minimum Age. The YT Platform is intended solely for persons who are 16 or older. Any access to or use of the YT Platform by anyone under 16 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 16 or older.

Yachts are Provided Directly By Registered Owners to Registered Renters; Yacht Owners Establish Their Own Pricing and Services

(a) The YT Platform provides software and technology which enables (i) Registered Owners who have a Yacht Today Account to create Yacht Listings for Yachts is available for rental to Registered Renters who have a Yacht Today Account who select such Yachts for rental;  (ii) Registered Renters to contract directly with Registered Owners to book rentals through the YT Platform and to pay for such rentals through the YT Platform;  (ii) Registered Owners to communicate directly with Registered Renters who have contracted with them for rental of Yachts identified in the Owner’s Yacht Listings, via the YT Platform and (iv) Registered Owners and Registered Renters to post content on the YT Platform which meets Yacht Today’s Content Policy http://www.theyachtday.com/content-policy.  Yacht Today reserves the right to reject any content on the SSK Platform, either because it violates the Content Policy or for other reasons at the sole discretion of Yacht Today.

(b) Yacht Today provides only the platform and technology for Registered Owners to communicate with Registered Renters. Registered Owners provide Yachts rentals directly to Registered Renters who have booked Yachts in the Owner’s Yacht Listings, and the Owner is fully responsible to provide the Yacht to the Renter and for all liabilities and obligations relating thereto.

(c) Yacht Today does not itself provide or rent any Yachts to Renters.  Yacht Today is not an Owner, lessor, operator, provider, maintenance, managing, or rental agent of Yachts, boats, or any other marine vessel or marine transportation vehicle. Yacht Today does not own, sell, resell, furnish, provide, rent, re-rent, manage, and/or control Yachts, boats, or any other marine vessel or marine transportation. Yacht Today does not own, operate or manage any marina, dock, or another facility for on-boarding, off-boarding, storing, parking, or servicing any Yacht, boat, or another marine vessel.  Yacht Today’s responsibilities are limited to (i) introducing Renters to Owners via the YT Platform and (ii) processing payments from Renters who elect to rent Yachts from an Owner

(d) Yacht Today does not endorse, approve, edit, control, or interfere with any communications between Owners and Renters (except Yacht Today reserves the right to terminate any communications which are in violation of our policies).  Owners alone are responsible for the consequences of any communications they provide to Renters regarding Yachts in their Yacht Listings and any response to complaints or dissatisfactions from Renters.

(e) When a Renter books a Yacht through the YT Platform and the Owner accepts the booking, the Owner and the Renter are entering into a contract directly with each other. Yacht Today is not and does not become a party to or otherwise participate in any rental agreement for a Yacht or other contractual between an Owner and a Renter.  Yacht Today is not acting as an agent in any capacity for any Owner or Renter.

(f) Owners shall NOT make any statements or communications that Yacht Today endorses, approves, or guarantees any Yacht or Yacht rental or any representations, descriptions, or statements the Owner has provided in the Yacht Listing.  The creation by the Owner of a Yacht Listing on the YT Platform does not imply that Yacht Today endorses, approves, or guarantees any Yacht or Yacht rental or any representations, descriptions, or statements the Owner has provided in such Yacht Listing. Yacht Today does NOT verify any information in a Yacht Listing as to the condition or description of any Yacht or ownership, title, registration, and permits associated with the Yacht. Yacht Today does not physically inspect any Yacht as to description, condition, performance, maintenance, or seaworthiness.  Renters must rely on the information provided by the Owner in the Yacht Listing and any direct communications Renter may have with the Owner.  Accordingly, Renters are encouraged to communicate with the Owner associated with any Yacht Listing through the YT Platform and ask any questions and verify any information desired.

(g) Owners establish their own pricing for Yacht rentals which are set forth on the Yacht Listing. and scope of services to Registered Members.  Such pricing must be identified on the Yacht Listing and Owners are responsible for updating and maintaining the accuracy of such pricing disclosure.  Owners may offer “BareBoat Rentals” or “Time Charters” as described below, so long as the pricing and scope of services to Renters are properly disclosed on the Yacht Listing.  Any discounts or rebates must be disclosed.  Owners shall NOT be permitted to charge different pricing to Renters from what is disclosed on their Yacht Listing.  Owners may not make different or separate pricing or payment arrangements with Renters.   Regardless of what pricing is established by an Owner on the Yacht Listing, all payments from Renters to Owners must be processed through the  YT Platform.

(h) The booking and engagement of a rental of a Yacht by a Renter is a direct contract between the Owner and the Renter to which Yacht Today is not a party.  Owners must prepare and use their own Yacht rental agreements and contracts.  If an Owner does not already have a form of Yacht rental agreement, Owners may download a sample Template Yacht Rental Agreement from the YT Platform.  The Template Yacht Rental Agreement requires completion by the Owner (filling in the banks) as to the identification of the Yacht, Owner, Renter, pricing, location, date and time of rental, and other specific information) as well as customization for the local jurisdiction of the Owner and Yacht location and any other provisions desired by the Owner.  Yacht Today makes no representations or warranties that the Template Yacht Rental Agreement is valid or enforceable or adequately protects any Owner or Renter; the Template Yacht Rental Agreement is provided solely as a convenience to the Owner.  There is no requirement that any Owner utilizes the Template Yacht Rental Agreement and Owners are free to utilize any other form of Yacht Rental Agreement they desire or which is recommended by their own attorneys and other advisors.

(i) Yacht Today does NOT and can not provide any legal advice to any Owners or Renters, and does not approve or endorse any Yacht Rental Agreement or other documentation utilized by Owners, whether the Owner’s own form of Yacht Rental Agreement or the Template Yacht Rental Agreement as completed and/or modified by Owner.  Yacht Today makes no representations or warranties that any Yacht Rental Agreement is valid or enforceable or adequately protects any Owner or Renter. Each Owner should consult with their own attorneys, accountants, tax advisors, Yacht managing agents, Yacht clubs, marinas, and professional associations as well as federal, state, and local governmental agencies (such as Coast Guard) to prepare and finalize their Yacht Rental Agreement with Renters. Each Renter should consult with their own attorneys, accountants, and tax advisors to review and negotiate any Yacht Rental Agreement. Every state, local and foreign jurisdiction has its own laws and rules affecting the ownership, operation, renting, and liability associated with Yachts and it is the Owner’s responsibility, together with Owner’s attorneys and other advisors, to create and utilize Yacht Rental Forms serving Owner’s purposes.

(j) Yacht Today cannot and will not act as legal counsel or provide legal advice in connection with the enforcement of or disputes relating to any Yacht Rental Agreement on behalf of any Owner or Renter.  Owners and Renters must consult with their own attorneys and other advisors in connection with the enforcement of or disputes relating to any Yacht Rental Agreement.

(k) Yacht Rental Agreements utilized by Owners and/or entered into between Owners and Rentals, and any other contracts,  forms of engagement, purchase orders, invoices, statements of the scope of services, or other documentation of services relating to the rental of Yachts by Owners to Renters shall NOT modify these Terms and if there is any conflict, these Terms shall govern.

(l) PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF YACHTS. YACHT TODAY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY YACHT LISTINGS BY OWNERS AND/OR THE CONDITION, LEGALITY, OR SUITABILITY OF ANY YACHTS. YACHT TODAY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL YACHT LISTINGS AND YACHTS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.  YOU UNDERSTAND AND AGREE THAT YACHT TODAY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS YACHT TODAY A YACHT OR YACHT BROKER, AGENT, OR INSURER. YACHT TODAY HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS, AND OTHER USERS OF THE YT PLATFORM OR ANY YACHTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Yacht Listings.

A Registered Owner who has a valid  Yacht Today Account may create Yacht Listings. The Owner will be required to complete a Yacht Listing Application including information about the Yacht to be listed, including, but not limited to, the value, location, size, features, availability of the Yacht, pricing, related rules, and financial terms. You acknowledge and agree that Yacht Listings will be made publicly available via the YT Platform. Other Members will be able to book your Yacht via the YT Platform based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Yacht, the price for such booking may not be altered without contacting customer service (customersupport@theyachtday.com.).
You acknowledge and agree that you are responsible for any and all Yacht Listings you post. Accordingly, you represent and warrant that any Yacht Listing you post and the booking of, or Renter use of, a Yacht in a Listing you post (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Yacht included in a Yacht Listing you post, including, but not limited to, insurance requirements, coast guard regulations, zoning laws, marina regulations, and laws governing rentals and operation of Yachts and (iii) will not conflict with the rights of third parties.
Without limiting the generality of the foregoing, each Owner posting Yacht Listing represents and warrants that:

(i) The Member creating the Yacht Listing is either the Owner or is a duly authorized agent for the Owner under a current valid written agreement, which agreement authorizes the agent to create a Yacht Listing for the Yacht on the YT Platform

(ii) The Owner has valid title and ownership to the Yacht

(iii) The Yacht is properly registered with the Coast Guard, the State Motor Vehicle, Boat Registration, or other agency requiring registration under applicable state and local laws, and the Owner has current and valid permits under all federal, state, local, and foreign laws to Owner and operate the Yacht and rent the Yacht to Members

(iv)The Owner maintains current insurance on the Yacht in the types and amounts described under “Insurance” in these Terms and such insurance policies permit (and do not restrict) renting of the Yacht and will provide coverage even where the Yacht is rented by Members

(v) Any ship mortgage, mortgage, pledge, lien, security interest, loan, or other legal obligations or agreements affecting the Yacht permit (and do not restrict) the rental of the Yacht to third parties including Members

(vi) The Owner has valid permission to dock the Yacht at the marina where the Yacht whether the Renter will board and take possession and the marina will permit the Renter and Renter’s guests to access such dock to board and disembark from the Yacht.

(vii) The Yacht is seaworthy and in good working condition, has been maintained in accordance with good industry practices and the Owner is not aware of any mechanical or physical defects in the Yacht.

(viii) The Yacht does not and will not contain any drugs, contraband, guns, firearms, explosives, or other weapons

(ix) The Yacht is not subject to any warrant, impoundment, or seizure order or any tax or other lien of any federal, state, local or foreign government

(x) The Owner of the Yacht is a United States citizen or a corporation, limited liability company, partnership, or trust (“Business Entity”) organized under the laws of a state within the United States and owned by United States citizens.

(xi) The Owner of the Yacht (and if the Owner is a Business Entity, its partners, members, shareholders, managers, managing members, directors, officers, or key employees) are NOT (i)  listed on the Specially Designated Nationals and Blocked Person List maintained by the Office of Foreign Asset Control, Department of the Treasury (“OFAC”) pursuant to Executive Order No. 13224, 66 Fed. Reg. 49079 (Sept. 25, 2001) (“Order”) and all applicable provisions of Title III of the USA PATRIOT ACT (Public Law No. 107-56 (October 26, 2001)); (ii)  listed on the Denied person List and Entity List maintained by the United States Department of Commerce; (iii) listed on the List of Terrorists and List of Disbarred Parties maintained by the United States Department of State; (iv) listed on any list or qualification of “Designated Nationals” as defined in the Cuban Assets Control Regulations 31 C.F.R. Part 515; (v) listed on any other publicly available list of terrorists, terrorist organizations or narcotics traffickers maintained by the United States Department of State, the United States Department of Commerce or any other governmental authority or pursuant to the Order, the rules and regulations of OFAC (including without limitation the Trading with the Enemy Act, 50 U.S.C. App. 1-44; the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06; the unrepealed provision of the Iraqi Sanctions Act, Publ. L. No. 101-513; the United Nations Participation Act, 22 U.S.C. § 2349 aa-9; The Cuban Democracy Act, 22 U.S.C. §§ 60-01-10; The Cuban Liberty and Democratic Solidarity Act, 18 U.S.C. §§ 2332d and 233; and The Foreign Narcotics Kingpin Designation Act, Publ. L. No. 106-201, all as may be amended from time to time); or any other applicable requirements contained in any enabling legislation or other Executive Orders in respect of the Order (the Order and such other rules, regulations, legislation or orders are collectively called the “Orders”); (vi) engaged in activities prohibited in the Orders; or (vii) been convicted, pleaded nolo contendere, indicted, arraigned or custodially detained on charges involving money laundering or predicate crimes to money laundering, drug trafficking, terrorist-related activities or other money laundering predicate crimes or in connection with the Bank Secrecy Act (31 U.S.C. §§ 5311 et. seq.).

(xii) Except for any crew supplied by the Owner, there will be no persons present on the Yacht when rented by the Member.  No person regularly resides on the Yacht and it is not utilized for personal housing of any person.

Please note that Yacht Today assumes no responsibility for an Owner’s compliance with any applicable laws, rules, and regulations and any third-party agreements of an Owner or affecting a Yacht. Yacht Today reserves the right, at any time and without prior notice, but without obligation to do so, to remove or disable access to any Yacht Listing for any reason, including Yacht Listings that Yacht Today, in its sole discretion, considers being objectionable for any reason, in violation of these Terms or otherwise harmful to the YT Platform.

Owners understand and agree that Yacht Today does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your Yacht and uses your Yacht, any agreement you enter into with such Renter is between you as Owner and the Renter, and Yacht Today is not a party thereto.

When you create a Yacht 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 Yacht, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Yacht. You may require a Member to display a valid driver’s license or other government picture ID upon taking possession of the Yacht. Any Member wishing to book Yachts included in Yachts Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information.

Yacht Today does not endorse any Members, Renters, Owners, or Yachts. 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 Yacht Today Terms, we will not be responsible for any damage or harm resulting from your interactions with other Members.

By using the Services, 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 Yacht Today with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members of the Services regarding any bookings or Yacht Listings made by you.

If you are an Owner, Yacht Today makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking your Yacht. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.

No Current Charge for Yacht Listings. Please note that Yacht Today does not currently charge Owners fees to simply list their Yachts in Yacht Listings on the YT Platform. In the event Yacht Today changes this policy, Yacht Today will provide advance notification thereof. In the event Yacht, Today is requested to provide special services to Owners for the creation of content for listings (photography, videography, sounds effects, interviews, virtual tours, advertising, or marketing), Yacht Today reserves the right, in its sole discretion, to charge Owners for and collect fees from Owners such special services.
BareYacht or Time Charter Rentals.

Owners have the option of renting Yachts as “BareYacht Rental” or a “Time Charter” as described in Section 6 but must designate these methods and pricing in the Yacht Listing.
A “BareYacht Rental” is a rental of a Yacht where under the Yacht Rental Agreement the Renter has possession, control, and use of the Yacht during the rental period, and Renter is responsible for all aspects of the operation of the Yacht during the Rental including manning with Captain and crew, provisioning and otherwise.

A “Time Charter” is a rental of a Yacht where under the Yacht Rental Agreement the Yacht Owner makes the Yacht available to the Renter but the Owner remains responsible for all aspects of operating the Yacht including but not limited to manning and provisioning the Yacht. An Owner of a Yacht rented pursuant to a Time Charter must ensure compliance with all applicable coast guard, local, state, and federal laws for the specific type of operation of the Yacht.

Changes To Terms Of Use; Changes To Platform And Service Fees

(a) If we make changes to these Terms, we will post the revised Terms on the YT Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, your sole remedy is to terminate your Yacht Today Account and your use of the YT Platform. We will inform you about your right to terminate the Agreement in a notification email. If you do not terminate your Yacht Today Account before the date the revised Terms become effective, your continued access to or use of the YT Platform will constitute acceptance of the revised Terms.

(b) Yacht Today reserves the right to change the amount of any fees charged to Owners or Renters for transactions processed through the YT Platform and services provided through the YT Platform. If we make such changes we will provide adequate notice thereof before they become effective, by e-mail and by posting fee changes on the YT Platform.  If you do not agree with any changes to the fees, your sole remedy will be to terminate your Yacht Today Account. If you do not terminate your Yacht Today Account before the date the revised fees become effective, your continued access to or use of the YT Platform will constitute acceptance of the revised fees. The fees will not be modified for those services that were subscribed for prior to the date that the modified fees came into effect.

Yacht Bookings; Owner Confirmation; Fees Payable by Renter

(a) If you are an Owner and a booking is requested for your Yacht via the YT Platform, you may be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Yacht Today in its sole discretion) or the booking request may be automatically canceled. When a booking is requested via the YT Platform, we will share with you (i) the first and last name of the Renter who has requested the booking, and, (ii) a link to the Renter’s Yacht Today Account profile page, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a Yacht within such a 24 hour period, any amounts collected by Yacht Today for the requested booking may be refunded to the applicable Renter’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Renter, Yacht Today will send you an email, text message, or message via the YT Platform confirming such booking, depending on the selections you make via the Services.

(b) If the Renter requests a booking from one of the Yacht listings and the Owner associated with such Yacht Listing confirms the Renter’s requested booking, then the Renter agrees to pay Yacht Today the Total Fees relating to the confirmed booking for the Yacht in the Yacht Listing, in accordance with these Terms.

(c) The fees displayed in each Yacht Listing are comprised of the Yacht Fees and the Reservation Fees. Where applicable, Taxes may be charged in addition to the Reservation Fees and Yacht Fees. The Yacht Fees, the Reservation Fees, and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Renter solely relating to an Owner’s Yacht which is actually collected by Yacht Today are the Yacht Fees. Please note that it is the Owner and not Yacht Today that determines the Yacht Fees. The Yacht Fees may include cleaning fees and/or pre-paid fuel charges, at the Owner’s discretion.

(d) The Renter is liable for all fuel expenses during the term of a BareYacht Rental.  To the extent that an Owner seeks reimbursement for fuel expenses incurred by the Renter directly from the Renter, a receipt must be presented.  Without a receipt the Owner will be unable to obtain reimbursement. This is true if the reimbursement is processed through Yacht Today or directly between the Renter and Owner.  Following the presentation of the receipt Yacht, Today may first attempt to collect from the depositor may charge the Renter’s card if the deposit is no longer on file.

(e) Yacht Today charges a fee to Renters based upon a percentage of the Yacht Fees; this charge is referred to as the “Reservation Fees”. The Reservation Fee is added to the Yacht Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Yacht Listing. Yacht Today will collect the Total Fees at the time of booking confirmation (i.e. when the Owner confirms the booking within 24 hours of the booking request) and will initiate payment of the Yacht Fees to the Owner in two business days provided Yacht Today has the accurate account information after the Renter arrives at the applicable Yacht (except to the extent that a refund is due to the Renter).

(f) Failure to charge any of the fees or other indulgences shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time.

(g) Should a Renter not respond to an inquiry (such as regarding a fuel expense), Yacht Today may accept and process charges for damages, late fees, or fuel on behalf of that Renter.  If an Owner does not respond, Yacht Today may process refunds or cancellations on behalf of that owner.

(h) You also agree that if Yacht Today is unable to collect a debt that is due within 30 (thirty) days, it may resort to direct legal enforcement or use third-party recovery service for the amount owed. You agree that Yacht Today (or a third party recovery service) may pursue an action against you for the original amount owed, plus any commissions or expenses (including attorneys’ fees) related to pursuing said amount.

(i) Agreed Exclusivity with Yacht Today; Non-Circumvention.  As an Owner, you agree to exclusively use the YT Platform to communicate and facilitate a rental with a Renter. You agree not to take any action directly or indirectly to circumvent payment commissions to Yacht Today such as by renting the Yacht outside the YT Platform to the Renter. If you do so, you agree that Yacht Today may charge you a fee of up to $1,000 per booking, in addition to the commissions otherwise owed to Yacht Today.  Yacht Today may collect the fee from future bookings or otherwise.

Minimum Age to Rent  [relates to insurance we need to review what YT will allow and provide]

The minimum age to rent varies by type of rental  (BareYacht operated by Renter, BareYacht operated by a Captain hired by Renter, Time Charter (Owner operated)). [We need to review what insurance if any YT is providing and the rules here -perhaps initially we want Owners and Renters to provide all insurance] For all Yachts that are not covered under the Peer-to-Peer Yacht Rental Insurance Policy through Geico (ie. have their own policy), the minimum age to rent a Yacht is 18. For BareYacht rentals operated by Renter and insured through the policy made available via the YT Platform during the rental, the minimum age is 25 and each Renter must pass a Renter verification. For BareYacht Rentals that are operated by licensed captains hired by Renter that are insured through the policy made available via the YT Platform during the rental, the minimum age is 18.

Insurance  [same we need to discuss]

It is the Renter’s responsibility to review the insurance for their rental. Please review any insurance policy carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of, or relating to Renters or any hired Captains (and the individuals the Renter invites to the rental, if applicable) while on the Yacht.  If the Owner is using the Peer-to-Peer Yacht Rental Insurance Policy through Geico it can be reviewed  here, please send any questions to insuranccustomersupport@theyachtday.com
[Add here provisions for Owner’s Insurance and Renter’s Insurance that Yacht Today is an additional named insured; ref to Insurance Policy of Yacht Today, etc. types of insurance required, proof of insurance to list Yacht in Yacht Listing and to book a Yacht, etc. Need to discuss]
Authorization of Yacht Today to Collect Yacht Fees and Other Payments for Owner;  Renter Credit Card Authorizations.  [We need to understand the exact flow of funds here – do rental fees charged on Member credit cards go into a YT account and then released to Owner etc. or is it a direct payment from Member to Owner with a hold until reservation is complete, etc.  —let’s discuss]
Each Owner hereby authorizes Yacht Today to collect payments made by Renters as Yacht Fees payable to the Owner. Each Owner agrees that payment of Yacht Fees made by a Renter to Yacht Today shall be considered the same as a payment made directly to the Owner and the Owner will make the Yacht available to Renter in the agreed upon manner as if the Owner has received the Yacht Fees. Each Owner agrees that Yacht Today may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Yacht Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the Yacht Fees specified in the applicable cancellation policy. In processing and collecting Yacht Fees and other payments from Renters which are payable to Owner, Yacht Today assumes no liability for any acts or omissions of any Renter or Owner.
From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method.  Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to either do so or to inform users of any such actual or suspected activity.

(c) Each Member represents and warrants that each credit card submitted for payments through the YT Platform is a valid, active card properly owned by the Member and issued by a recognized financial institution, has a sufficient credit line to cover the Total Fees to be charged to the Member for any Yacht rental and is not expired, terminated, cancelled, or in default.  Cards bearing the name of a person or entity other than the Member, issued by an unrecognized financial institution or issued by a foreign (that is, non-US) financial institution, or otherwise may be suspicious or fraudulent may be rejected in Yacht Today’s sole discretion.  Any currency conversion, foreign transaction, overdraft, and other special charges of the credit card Financial Services Provider must be paid by the Member. Members who submit credit cards to pay for Yacht Fees, Reservation Fees and any other charges through the YT Platform are responsible for any declined payments,  delays,  “holds”, reversal or cancellation of payments, “insufficient funds”, fraud suspensions or cancellations, charges in excess of credit card limits, or another failure of payment by the Member’s credit card Financial Services Provider, must pay the Financial Services Provider any fees or penalties for such actions, and must reimburse Yacht Today for any losses and expenses due to such actions.  Further, Yacht Today is not responsible to any Renter or Owner for any delays or inability of a Renter to complete a Yacht rental transaction due to such actions of Renter’s credit card Financial Services Provider. Yacht Today may in its sole discretion discontinue processing payments and rentals for any Member which generates multiple credit card declines, payment failures, or suspicious or fraudulent transactions. In the event that any Member’s credit card payments are found to be fraudulent transactions, whether or not due to the fault of the Member, the Member shall be responsible for reimbursing Yacht Today for any losses or expenses resulting therefrom.

(d) Similarly, Yacht Today does not guarantee or ensure to any Owner, credit card, or other payments by a Renter. In the event that a Renter’s credit card or other payments are released to Owner through the YT Platform, but those payments were not actually legitimate and are ultimately declined or reversed by the credit card Financial Services Provider, or are the result of lost or stolen payment credentials or accounts used to make payments to a Owner, the Owner will have to bear the loss. Yacht Today does not and will not insure Owners against losses caused by fraud under any circumstances. For example, if someone pretends to be a legitimate Renter but is a fraudster, the Owner will be responsible for any resulting costs, including credit card disputes, even if the Rental has been rendered. Even if we work with you to assist you or law enforcement in recovering lost funds, Yacht Today is not liable to you, or responsible for your financial losses or any other consequences of such fraud.  Even though Sail (e) Seeker will release Renter credit card payments to Owners through the YT Platform,  Yacht Today is NOT a credit card authorization or fraud protection provider, or insurer.  If the Renter’s credit card is authorized by the credit card Financial Services Provider,  Yacht Today will release the Yacht Fees and other payments owed by Renter to the Owner and has no ability or responsibility to verify the legitimacy of any such credit card or payment authorizations.

(f) Payment Processing Errors and Chargebacks. We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you so that you end up receiving or paying the correct amount. If an Owner is paid for a trip erroneously or a chargeback takes place, Yacht Today will first attempt to debit the funds from the provided bank account.  If Yacht Today is unable to debit the funds to the Renter, the Owner is responsible for returning those funds within seven (7) days. Yacht Today may collect all future payouts until the erroneous payment or chargebacks have been resolved

Bookings and Financial Obligations of Renters;

(a) The Owners, not Yacht Today, are solely responsible for honoring any confirmed bookings and making available any Yachts reserved through the YT Platform. If you, as a Renter, choose to enter into a transaction with an Owner for the booking of a Yacht, you agree and understand that you will be required to enter into a Yacht Rental Agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Yacht imposed by the Owner. Yacht Today is NOT a party to the Yacht Rental Agreement. You acknowledge and agree that you as Renter, and not Yacht Today, will be responsible for performing the obligations of any such agreements, and that, with the exception of its obligations hereunder to transmit Renter’s Yacht Fees to the applicable Owner, Yacht Today disclaims all liability arising from or related to any such agreements.

(b) Yacht Listings will specify the Total Fees payable by Renter.  As noted above, the Owner is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Yacht Today in its sole discretion) or the requested booking may be automatically canceled. If a requested booking is canceled (i.e. not confirmed by the applicable Owner), any amounts collected by Yacht Today will be refunded to such Renter, and any pre-authorization of such Renter’s credit card will be released, if applicable (unless Renter has requested an alternative Yacht booking).

(c) You as Renter agree to pay Yacht Today for the Total Fees for any booking requested in connection with your Yacht Today Account if such requested bookings are confirmed by the applicable Owner. In order to establish a booking pending the applicable Owner’s confirmation of your requested booking, you understand and agree that Yacht Today, on behalf of the Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed [is this the amount Yacht Today will charge?] one dollar ($1) to verify your credit card. Once Yacht Today receives confirmation of your booking from the applicable Owner, Yacht Today will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Yacht Listing. Please note that Yacht Today cannot control any fees that may be charged to a Renter by his or her bank related to Yacht Today’s collection of the Total Fees, and Yacht Today disclaims all liability in this regard.

(d) In connection with your requested booking, you will be asked to provide billing information such as name, billing address, and credit card information either to Yacht Today or its third-party payment processor. You agree to pay Yacht Today for any confirmed bookings made in connection with your Yacht Today Account in accordance with these Terms by one of the methods described on the Service – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Yacht Today or indirectly, via a third party online payment processor or by one of the payment methods described in the YT Platform. You also authorize Yacht Today to charge your credit card in the event of damage caused on a Yacht as contemplated under “Damage to Yachts” below and for Security Deposits, if applicable. If you are directed to Yacht Today’s third-party payment processor, you may be subject to terms and conditions governing the 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 your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

(e) Payment Processor Terms (Stripe)[This needs to be modified to reflect Yacht Today actual payment processor if not Stripe]

Payment processing services on Yacht Today are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Use (collectively, the “Stripe Services Agreement”). You agree to be bound by the Stripe Services Agreement. You also authorize Yacht Today to share with Stripe transaction information related to your use of the payment processing services provided by Stripe.

Security Deposits

(a) Yacht Today includes a security deposit from the Renter for every Yacht Listing (“Security Deposits”). For all Security Deposits included in a Yacht Listing for a confirmed booking of a Yacht, Yacht Today will, for the benefit of the Owner, use its commercially reasonable efforts to obtain a pre-authorization of the Renter’s credit card in the amount the Owner determines for the Security Deposit within a reasonable time prior to the Renter’s check-in at the applicable Owner’s Yacht. Yacht Today will also use its commercially reasonable efforts to address Owners’ requests and claims related to Security Deposits, but Yacht Today is not responsible for administering or accepting any claims by Owners related to Security Deposits and disclaims any and all liability in this regard.[also to discuss the flow of funds on Security Deposit – does it remain in YT account as sort of an escrow agent or is it given to the Yacht Owner along with the Yacht Fee? Seems to me YT should get out of the way and not hold the security deposit but rather give it to the Owner and if there is a problem let the Owner and the Renter fight it out with each other. I would suggest the following language ‘]

(b) The Total Fees charged to the Renter include a Security Deposit, which will be transmitted to the Yacht Owner upon confirmation of the booking. After completion of the Rental, it is the responsibility of the Yacht Owner to return the Security Deposit to the Renter in accordance with the terms of the Yacht Rental Agreement, which is solely between the Owner and the Renter, and to which Yacht Today is not a party.  After the completion of the Yacht rental, the Yacht Owner, in accordance with the terms of the Yacht Rental Agreement, may withhold some or all of the Security Deposit to cover damages or cleanup costs for the Yacht.  Any disputes between the Owner and Renter as to the application of the Security Deposit must be resolved exclusively between the Owner and Renter, and Yacht Today shall have NO liability for return of the Security Deposit to Renter if the Owner withholds some or all of the Security Deposit. Yacht Today, although under no obligation to do so, may facilitate communications between Owner and Renter and may assist in negotiating a resolution of Security Deposit disputes, this shall NOT create any liability or obligation on the part of Yacht Today.

(c) The amount of the Security Deposit is determined by the Owner in the Yacht Rental Agreement and should also be posted by the Owner in the Yacht Listing. It is the Owner’s responsibility to set the Security Deposit in a sufficient amount to cover the Owner’s estimates of possible damages to the Yacht.  Yacht Today shall have no responsibility or obligation if the amount of the Security Deposit established by the Owner is not sufficient to cover actual damages or clean-up costs to the Owner due to Renter’s use or operation of the Yacht.

(d) The Renter shall be responsible to the Owner for all damages and clean-up costs, and other charges, as set forth in the Yacht Rental Agreement and under applicable law, and such amounts are not limited to and may well exceed the Security Deposit.  Yacht Today shall have no responsibility to Renter or Owner of the damages, clean-up costs and other charges required by the Owner exceed the amount of the Security Deposit.

(e) If an Owner does not respond to the questions related to a Security Deposit capture within 7 days of the rental date, the damages will be considered resolved.  As a result, the Renter’s Security Deposit will be refunded and the Owner will no longer have any rights to the Security Deposit funds.

(f) NO INTEREST will be paid on any Security Deposit, whether released to either Owner or Renter.

(g) Renters are always responsible for having a card on file with sufficient funds available to cover the Security Deposit and any applicable deductible.  Yacht Today reserves the right to cancel the booking if the Security Deposit was not captured within 24 hours of the rental. If a booking has concluded and the Security Deposit was not captured, Yacht Today reserves the right to charge any/all payment methods in order to secure the necessary funds.

Service Fees Payable to Yacht Today.

(a) In consideration for providing the Services, Yacht Today collects service fees from Owners and Renters. Service Fees are made up of two (2) components: (i) Reservation Fee paid by Renters and (ii) an Owner Commission Fee that is charged to the Owner, each is based upon a percentage of the amount of the Yacht Fees. Where applicable, Taxes may also be charged. Owner Commission Fees are deducted from the Yacht Fees before remitting the Yacht Fees to the Owner. Reservation Fees are, as noted above, included in the Total Fees paid by Renters.

The agreed-upon Owner payout amount will be remitted by Yacht Today to Owners via direct deposit or other payment methods described in these terms,  in U.S. dollars. Service Fees are non-refundable; provided, however, that if an Owner cannot confirm a booking within 24 hours, and as a result, thereof the transaction is canceled, the Reservation Fee will be returned to the Renter as part of the return of the Total Fee paid by the Renter.

Referral Program [is this relevant to Yacht Today if not we will remove it]

As a Member, by referring your friends to request a booking or create a Yacht Listing that receives a confirmed booking via the Site, you may participate in the “Referral Program”, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to Yacht Today for which a Qualifying Referral (defined below) is completed, you may be able to receive Yacht Today Yachting Credits. “Yacht Today Yachting Credits” are “reward points” that may be applied as credits toward future confirmed bookings made by Members via the YT Platform.

In order to receive a Referral Reward, defined to mean an award of a certain amount of Yacht Today Yachting Credits based on a Qualifying Referral(s), each of the following requirements must be satisfied (collectively, a “Qualifying Referral”): (i) you must log in to your Yacht Today Account on the Site and select either the “Invite Friends on Facebook” or “Invite Friends on Twitter” link; (ii) you must share the link provided with friends, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends; or by using the other tools provided by Yacht Today to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a Yacht Today Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of a Yacht which is confirmed by the applicable Owner or create a Yacht Listing which subsequently receives a confirmed booking via the YT Platform with Total Fees of at least two hundred dollars ($200) that is not subsequently cancelled. Please note that you may not be the Owner or the Renter for the booking to receive a Referral Reward.

Upon satisfaction of a Qualifying Referral, you will receive a Referral Reward that will be reflected in your Yacht Today Account in a reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your Yacht Today Account page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your Yacht Today Account. Referral Rewards accrued in multiple Yacht Today Accounts may not be combined into one Yacht Today Account. You may not earn Referral Rewards by creating multiple Yacht Today Accounts. By acquiring Referral Rewards, you agree and acknowledge that Yacht Today is granting you a limited, revocable license to a digital item and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Yacht Today Accounts.

Specific Terms Regarding Yacht Today Yachting Credits

Yacht Today Yachting Credits may only be redeemed for confirmed bookings via the YT Platform and after you accrue Yacht Today Yachting Credits, such Yacht Today Yachting Credits will be automatically applied to your next confirmed booking made via the Site. You may only redeem Yacht Today Yachting Credits after the Yacht Today Yachting Credits are reflected in your Yacht Today Account. The scope, variety, and type of services and products that you may obtain by redeeming Yacht Today Yachting Credits can change at any time, and Yacht Today reserves the right to discontinue the Yacht Today Yachting Credits and referral program at any time.

Yacht Today Yachting Credits expire one (1) year from the date that any Yacht Today Yachting Credits are last accrued in your Yacht Today Account. Yacht Today will notify you at the email address you provided during Account registration within thirty (30) days of when the Yacht Today Yachting Credits in your Yacht Today Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of Yacht Today Yachting Credits, please contact us at customersupport@theyachtday.com. Yacht Today may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Yacht Today’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Yacht Today Booking Credits.

Without limiting any other terms of these Terms and subject to applicable law, all Yacht Today Yachting Credits are forfeited if your Yacht Today Account is terminated or suspended for any reason, in Yacht Today’s sole discretion, or if Yacht Today discontinues providing the Service or the Referral Program.

Referral Program Limited Time Only

This incentive program is for a limited time only. The requirements and incentives are subject to change. We reserve the right to suspend your Yacht Today Account and remove referrals should we notice any activity we determine as abuse of the referral program.

Captains

(a) BareYacht Rentals:  Where a Renter elects to hire a captain to meet the minimum manning requirements for a Yacht during a BareYacht Rental the following applies:

(i) Renter is free to select any captain who  meets the minimum manning qualifications established by the Owner for the rental and under applicable Coast Guard and state law regulations   Captains, if they meet the minimum manning qualifications established by the Owner and applicable Coast Guard and state law regulations, may be Captains who list their availability on the YT Platform, or captains not listed on the YT Platform that the Renter chooses. All captains may need to be confirmed by the insurance providers for the Yacht and for the Renters.

(ii) Yacht Captain Service Agreement. The hiring of a captain by a Renter is subject to the terms and conditions of the Yacht Captain Service Agreement between the Renter and the Renter’s chosen captain. Yacht Today is NOT a party to any Yacht Captain Service Agreement.

(iii) No Endorsement. In order to facilitate the Yacht rental process, Yacht Today may provide on the YT Platform a list of captains which may be available to be hired by the Renter whether required by the Owner or requested by the Renter. YACHT TODAY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR OFFERINGS BY CAPTAINS NOR THE CONDITION, LEGALITY, SUITABILITY, INSURABILITY, OR QUALIFICATIONS OF ANY CAPTAINS. Yacht Today never approves or endorses any captain. Yacht Today requires captains to submit evidence of their qualifications at the time of initial sign up but does not and is not responsible to ensure that a captain’s credentials remain current at the time of any particular Rental. Ensuring that a captain is currently credentialed and properly qualified for a particular Yacht or rental is the sole responsibility of the Renter.

(iv) Captains Are Strictly Retained by Renter. Renter agrees that it alone will be the employer of any captain selected and / or hired by Renter and that said captain will be so notified by Renter and agree that they are not the employee or borrowed servant of the Owner or Yacht Today and will make no claims of any kind against Owner or Yacht Today on the basis of any alleged employment relationship.

(v) Renter is solely responsible for obtaining and confirming the proper insurance coverage for any paid operator /Captain hired by the Renter.

(vi) Captain’s Fee. Captains are responsible to set the net amount they wish to charge for their Captain’s services for any Rental.   Renters are responsible for payment of the captain’s fee.  In the event of a Rental being canceled by the Owner, the policy as set forth in the Yacht Captain Service Agreement will control.

(b) Time Charters – Registered Owners who have a Yacht Today Account may seek to employ Captains through the YT Platform.

(c) The YT Platform provides software and technology which enables (i) Captains to create Captain Listings as available for employment by to Registered Renters and Registered Owners who have a Yacht Today Account   (ii) Registered Renters and Registered Owners to contract directly with Registered Captains to engage their services for through the YT Platform and to pay for such services through the YT Platform;  (ii) Registered Renters and Registered Owners to communicate  directly with Registered Captains via the YT Platform and (iv) Registered Captains to post content on the YT Platform which meets Yacht Today’s Content Policy http://www.theyachtday.com/content-policy.  Yacht Today reserves the right to reject any content on the YT Platform, either because it violates the Content Policy or for other reasons in the sole discretion of Yacht Today.

(d) Yacht Today provides only the platform and technology for Registered Owners  and Registered Renters to communicate with Registered Captains. Registered Captains provide their services directly to Registered Owners and Registered Renters who have employed them, and the Registered Captain is fully responsible to provide his/her services to the Owner or Renter and for all liabilities and obligations relating thereto.

(e) Yacht Today does not itself employ any captains or crew and does not provide any captain or crew services to any Owner or Renter or with respect to any Yacht or Yacht Listing. or rent any Yachts to Renters. Yacht Today’s responsibilities are limited to: (i) introducing Registered Captains to Owners and via the YT Platform and (ii) processing payments from Owners and Renters who elect to employ Registered Captains.

(f) Yacht Today does not endorse, approve, edit, control, or interfere with any communications between Captains, Owners and Renters (except Yacht Today reserves the right to terminate any communications which are in violation of our policies).  Captains alone are responsible for the consequences of any communications they provide to Owners or Renters regarding their services  and any response to complaints or dissatisfactions from Owners or Renters.

(g) When an Owner or Renter employs a Captain through the YT Platform and the Captain accepts the employment, the Owner or Renter (as applicable) are entering into a contract directly with each other. Yacht Today  is not and does not become a party to or otherwise participate in any agreement for employment of a Captain or other contractual between a Captain and an Owner or Renter.  Yacht Today is not acting as an agent in any capacity for any Captain, Owner or Renter.

(h) Captains shall NOT make any statements or communications that Yacht Today endorses, approves or guarantees any Captain or any representations, descriptions or statements the Captain has provided in the Captain Listing.  The creation by a Captain of a Captain Listing on the YT Platform does not imply that Yacht Today endorses, approves or guarantees any Captain or any representations, descriptions or statements the Captain has provided in such Captain Listing. Yacht Today does NOT verify any information in a Captain Listing as to the licensing, qualifications, registration or experience associated with the Captain. Yacht Today does not meet with or interview any Captains. Owners and Renters must rely on the information provided by the Captain in Captain Listing and any direct communications Owner andRenter may have with the Captain.  Accordingly, Owners and Renters are encouraged to communicate with the Captain associated with any Captain Listing through the YT Platform and ask any questions and verify any information desired.

(i) Captains establish their own pricing for Yacht rentals which are set forth on the Captain Listing. and scope of services to Owners and Renters.  Such pricing must be identified on the Captain Listing and Captains are responsible for updating and maintaining accuracy of such pricing disclosure. [Question – do we care about this, can Captains make their own separate deals with Renters and Owners?  Does Yacht Today get any fees from Captain employments, probably NOT] Captains shall NOT be permitted to charge different pricing to Owners or Renters from what is disclosed on their Captain Listing.  Renters and Owners may not make different or separate pricing or payment arrangements with Captains.    Regardless of what pricing is established by a Registered Captain on the Captain Listing, all payments from Renters or Owners to Registered Captains Owners must be processed through the  YT Platform.

(j) The employment and engagement of a Captain by a Renter or Owner is a direct contract between the Captain and the Renter or Owner (as applicable), to which Yacht Today is not a party.  Captains  must prepare and use their own employment and service agreements and contracts.  If a Captain does not already have a form of Captain service agreement, Captains may download a sample Template Captain Service Agreement from the YT Platform.  The Template Captain Service Agreement requires completion by the Captain (filling in the banks) as to identification of the Captain, Yacht, Owner, Renter, pricing, location, date and time of rental and other specific information) as well as customization for the local jurisdiction of the Captain and Yacht location and any other provisions desired by the Captain.   Yacht Today makes no representations or warranties that the Template Captain Service Agreement is valid or enforceable or adequately protects any Captain, Owner, or Renter; the Template Yacht Rental Agreement is provided solely as a convenience to the Captain.   There is no requirement that any Captain utilizes the Template Captain Service Agreement and Captains are free to utilize any other form of Captain Service  Agreement they desire or which are recommended by their own attorneys and other advisors.

(k) Yacht Today does NOT and can not provide any legal advice to any Captains, Owners or Renters, and does not approve or endorse any Captain Service Agreement or other documentation utilized by Captains, whether the Captain’s own form of Captain Service Agreement or the Template Captain Service Agreement as completed and/or modified by Captain. Yacht Today makes no representations or warranties that any Captain Service Agreement is valid or enforceable or adequately protects any Captain, Owner or Renter. Each Captain should consult with their own attorneys, accountants, tax advisors,  professional associations as well as federal, state and local governmental agencies (such as Coast Guard) to prepare and finalize their Captain Service Agreement with Owners or Renters. Each Owner and Renter should consult with their own attorneys, accountants, and tax advisors to review and negotiate any Captain Service  Agreement. Every state, local and foreign jurisdiction has its own laws and rules affecting the licensing, registration, responsibility, and liability associated with Captains and it is the Captain’s responsibility, together with Captain’s attorneys and other advisors, to create and utilize Captain Service Agreements serving Captain’s purposes.

(l) Yacht Today cannot and will not act as legal counsel or provide legal advice in connection with enforcement of or disputes relating to any Captain Service Agreement on behalf of any Captain, Owner or Renter.  Captains, Owners, and Renters must consult with their own attorneys and other advisors in connection with the enforcement of or disputes relating to any Captain Service Agreement.

(m) Captain Service Agreements utilized by Captains and/or entered into between Captains, Owners and Renters, and any other contracts,  forms of engagement, purchase orders, invoices, statements of scope of services or other documentation of  services relating to services by Captains to Owners and Renters shall NOT modify these Terms and if there is any conflict, these Terms shall govern.

(n) PLEASE NOTE THAT, AS STATED ABOVE, THE YT PLATFORM IS INTENDED TO BE USED TO FACILITATE THE ENGAGEMENT OF CAPTAINS BY OWNERS AND RENTERS.  YACHT TODAY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY CAPTAIN LISTINGS BY CAPTAINS AND/OR THE CREDENTIALS, QUALIFICATIONS AND EXPERIENCE OF ANY CAPTAINS OR THEIR OR SUITABILITY FOR EMPLOYMENT. YACHT TODAY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL CAPTAIN LISTINGS AND CAPTAIN’S SERVICES.  ACCORDINGLY, ANY EMPLOYMENT OF A CAPTAIN BY A RENTER OR OWNER WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.  YOU UNDERSTAND AND AGREE THAT YACHT TODAY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CAPTAINS, OWNERS, AND RENTERS, NOR IS YACHT TODAY AN EMPLOYER, EMPLOYMENT, OR REFERRAL AGENCY OR INSURER WITH RESPECT TO ANY CAPTAIN. YACHT TODAY HAS NO CONTROL OVER THE CONDUCT OF CAPTAINS, OWNERS, RENTERS AND OTHER USERS OF THE YT PLATFORM OR ANY YACHTS,

Damage to Yachts – BareYacht Rentals

(a) As a Renter, you are responsible for leaving the Yacht in the condition it was in at delivery, fair wear and tear excepted. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the Yacht. In the event that following the conclusion of a rental, (i) a Yacht Owner claims  that the Yacht has been damaged during the rental   (ii) a Yacht Owner claims that the Yacht has been left in excessively dirty condition requiring special cleaning, (iii) the Yacht Owner claims that the Yacht Owner was required or requested to pay docking fees, food or entertainment charges,  fuel, crew costs, or other charges incurred by Renters and their guests which Renter failed to pay for  or (iv) a Yacht Owner claims that the Yacht has been misused, operated in violation of applicable laws and regulations, docketed in a non-permissible location, or other circumstances requiring the payment of charges, summonses, tickets, fines or penalties, and the Yacht owner provides evidence of the foregoing,  including but not limited to, documents and, photographs, you agree to pay the cost of repairing the damage or replacing the damaged items with equivalent items, for special cleaning costs, for unpaid charges incurred by Renter or Renter’s guests, or for payment of the extra charges, summonses, tickets, fines and penalties. Further, after being notified of the claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Yacht Today Account. Yacht Today also reserves the right to charge the credit card on file in your Yacht Today Account, or otherwise collect payment from you and pursue any avenues available to Yacht Today in this regard, including using Security Deposits, if any, which may be held by Yacht Today.

(b) The Yacht Owner, in accordance with the terms of the Yacht Rental Agreement, may elect to utilize any Security Deposit held by the Owner to pay for any such damage, cleaning, unpaid or extra charges.  When an insurance claim is filed the Renter’s Security Deposit will be captured and if applicable used to cover the insurance deductible.

(c)  In situations in which you have been determined, in Yacht Today’s sole discretion, to have damaged the Yacht, require special cleaning costs, have unpaid or extra charges, including, but not limited to, in relation to any payment requests made by Yacht Owner, and in relation to any payments made by Yacht Today to Yacht Owners, if we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Yacht to the applicable Yacht Owner or to Yacht Today (if applicable).

(d) Both Renter and Yacht Owner agree to cooperate with and assist Yacht Today in good faith, and to provide Yacht Today with such information and take such actions as may be reasonably requested by Yacht Today, in connection with any complaints or claims made by Members relating to Yachts or any personal or other property located at a Yacht or with respect to any investigation undertaken by Yacht Today or a representative of Yacht Today regarding use or abuse of the YT Platform. If you are a Renter, upon Yacht Today’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Yacht Owner, at no cost to you, which process will be conducted by Yacht Today or a third party selected by Yacht Today, with respect to losses for which the Yacht Owner is requesting payment from Yacht Today under these terms.

Cancellations, Adjustments and Refunds

(a) If, as a Renter, you cancel your requested booking before the requested booking is confirmed by an Owner, Yacht Today will cancel any pre-authorization to 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.

(b) If, as a Renter, you wish to cancel a confirmed booking made via the Services, either prior to or after arriving at the Yacht, the cancellation policy of the Owner contained in the applicable Yacht Listing will apply to such cancellation. Our ability to refund the Yacht Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy set forth by the Owner. Details regarding refunds and cancellation policies are available via the YT Platform. Renters should understand that if an Owner has confirmed a booking, the Owner has been denied the ability to rent the Yacht to anyone else and most likely will lose any revenue from the Yacht for the date of the booking.  Accordingly, the cancellation policy set forth by the Owner is likely to require the Renter to pay a substantial cancellation fee to the Owner.  This amount will be taken out of the Total Fee paid by the Renter to Yacht Today, and any balance remaining will be returned by Yacht Today to the Renter.  THE RENTER WILL BE ENTIRELY RESPONSIBLE TO PAY ANY CANCELLATION FEE REQUIRED BY THE OWNER IN THE YACHT LISTING IF A RENTER CANCELS THE RENTAL AFTER THE OWNER HAS CONFIRMED THE BOOKING,

(c) If an Owner cancels a confirmed booking made via the Services, (i) Yacht Today will refund the Total Fees for 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 Yacht Today containing alternative available Yacht Listings and other related information. If the Renter requests a booking from one of the alternative Listings and the Owner associated with such alternative Listing confirms the Renter’s requested booking, then the Renter agrees to pay Yacht Today the Total Fees relating to the confirmed booking for the Yacht in the alternative Listing, in accordance with these Terms. If an Owner cancels a confirmed booking and you, as a Renter, have not received an email or other communication from Yacht Today, please contact our support team at customersupport@theyachtday.com.

(d) THERE ARE NO REFUNDS OR ADJUSTMENTS IF A RENTER IS NOT SATISFIED WITH THE YACHT OR THE CAPTAIN OR RENTER’S EXPERIENCE ON THE YACHT, OR IF ADVERSE WEATHER DEVELOPERS, OR THE RENTER’S TIME ON THE YACHT IS SHORTENED DUE TO DELAYS ONBOARDING OR GETTING UNDERWAY AT THE MARINA, TRAFFIC AND PARKING ISSUES, WEATHER CONDITIONS, WIND, ROUGH WATERS, YACHT MALFUNCTIONS, ACCIDENTS, LACK OF PROVISIONS, FUEL DIFFICULTIES, NAVIGATION PROBLEMS, WAITING FOR DOCK SPACE, GOVERNMENTAL ORDERS,  EMERGENCY SITUATIONS OR ANY OTHER REASONS.

(e)  The Yacht Rental Agreement between the Owner and Renter will govern all disputes or adjustments that may be requested by Renters with respect to a Yacht booking, and the Yacht Rental Agreement is NOT likely to provide for any refunds or adjustments in such situations. Yacht Today is NOT a party to the Yacht Rental Agreement and has no ability to request or pursue any adjustments or refund of the Yacht Fees or Total Fees paid by a Renter.  Renters are urged to review in detail any Yacht Listing and the photographs and other specific information provided by the Yacht Owner on the YT Platform, prior to booking a rental for any specific Yacht.  In the event of Yacht malfunctions or accidents, Yacht Today, although under no obligation to do so, may facilitate communications through the YT Platform to assist in resolving issues between Owners and Renters, but there are no assurances Yacht Today will be able to do and by assisting Owners and/or Renters. Yacht Today does not incur any liability to any Owner or Renter by attempting to assist resolution of issues between Owners and Renters.

Taxes [A tax accountant should review this Section 19 on Taxes]

(a) IRS regulations, regarding federal tax reporting requirements, stipulates that Yacht Today must collect IRS Form W-9 from all Owners in the United States. Owners must understand and agree that the Owner is solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Yacht Today cannot and does not offer Tax-related advice to any Members or users of the YT Platform.  If Yacht Fees are subject to state or local sales or use taxes, these will be added to the Total Fees charged to Renters, and the sales or use taxes remitted to the Owner.  Owners are responsible for collecting and reporting such sales taxes and remitting the sales tax funds to the applicable state or local tax authority because Owners are the providers of the Yacht being rented and related services.

(b) Depending on your account status, forms submitted to Yacht Today, and other factors, you may receive a Tax form from Yacht Today.  As always, we encourage you to consult a tax professional for assistance reporting your income. Yacht Today expects to issue Tax forms as follows:

(i) 1099 K Requirements – The Internal Revenue Service (IRS) requires that all US companies operating as a third party settlement organization (TPSO) report any information concerning third network transactions of any participating payee only if, for the calendar year:

The gross amount of total reportable payment transactions exceeds $20,000, AND
The total number of such transactions exceeds 200.

(ii) If a business makes payments via a third party settlement organization as well as cash or check to the same independent contractor, the TPSO will be required to report the amount of reportable transactions that exceed the de minimis thresholds on Form 1099-K.  If you cross both IRS thresholds in a calendar year, Yacht Today will provide you with a Form 1099-K.

Keep in mind that Yacht Today cannot and does not offer tax-related advice to any members on the site.

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 YT Platform 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 YT Platform or Content;

use the YT Platform for any commercial or other purposes that are not expressly permitted by these Terms;

Falsely imply that Yacht Today endorses you, is a partner, or otherwise misleads others as to your affiliation with Yacht Today;

copy, store or otherwise access any information contained on the YT Platform or Content for purposes not expressly permitted by these Terms;

Use Yacht ramps, marinas, docks, fuel pumps, or repair stations where you have not been authorized to operate. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

interfere with or damage the YT Platform, 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 the YT Platform 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, drivers’ license, or other governmental identification,  or any other “Personally Identifiable Information”;

Use the YT Platform in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to the rental of Yachts;
stalk or harass any other user of the YT Platform or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Yacht Today Renter or Owner;
offer, as an Owner, any Yachts that you do not yourself own or have permission to rent
offer, as an Owner, any Yacht that may not be rented pursuant to the terms and conditions of an agreement with a third party;

register for more than one Yacht Today Account or register for a Yacht Today 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 Yachts or Yacht Listings;

contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the YT Platform;

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 Yacht Today, without Yacht Today’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 YT Platform;
use the Services to find an Owner or Renter and then complete a booking of a Yacht transaction independent of the YT Platform in order to circumvent the obligation to pay any Service Fees related to Yacht Today’s provision of the Services;

as an Owner, submit any Yacht Listing with a false or misleading price information, or submit any Yacht Listing with a price that you do not intend to honor;

post, upload, publish, submit or transmit any Content that, in Yacht Today’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 the YT Platform 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 YT Platform, or any individual element theren, Yacht Today’s name, any Yacht Today trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page. access, tamper with, or use non-public areas of the YT Platform, Yacht Today’s computer systems, or the technical delivery systems of Yacht Today’s providers;

attempt to probe, scan, or test the vulnerability of any Yacht Today system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Yacht Today or any of Yacht Today’s providers or any other third party (including another user) to protect the YT Platform or 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 YT platform or any 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 YT Platform or Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

Yacht Today will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Yacht Today may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Yacht Today has no obligation to monitor your access to or use of the YT Platform or Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the YT Platform, 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. Yacht Today reserves the right, at any time and without prior notice, to remove or disable access to any Content that Yacht Today, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the YT Platform.

Privacy

See Yacht Today’s Privacy Policy at http://www.theyachtday.com/privacy-policy for information and notices concerning Yacht Today’s collection and use of your personal information.

Ownership of Yacht Today Platform and Intellectual Property

(a) The YT Platform is owned and operated by Yacht Today LLC. All content, information, and other materials on the Services (excluding Member Content), including, without limitation, Yacht Today’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected to Yacht Today by relevant intellectual property and proprietary rights and laws. All Materials contained on YT Platform are the property of Yacht Today or its subsidiaries or affiliated companies and/or third-party licensors. The YT Platform and its content, documentation, software, systems and technology are protected by United States copyright and patent laws and Yacht TodayTM is a trademark and brand name of Yacht Today LLC. Yacht Today shall have the exclusive rights to all copyrights, trademarks, patents and other intellectual property rights and proprietary rights (collectively, “Intellectual Property Rights”) relating to the YT Platform and any improvements or derivatives thereto, including all Content, graphics, websites, documentation, specifications, designs, and all marketing and promotional materials relating to Yacht Today. All opportunities relating to the YT Platform and any improvements or derivatives thereto shall belong to and be carried out for the account of Yacht Today LLC.  “Content” includes all written, audio, video and graphic material and communication, in any and all media, including text,photographs, drawings, videos, emails, articles and blogs, recordings and postings, lists and data.

(b) Unless otherwise expressly stated in writing by Yacht Today, by agreeing to these Terms you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the YT Platform solely for your personal use or business use in renting Yachts as identified and subject to the rules set forth in these Terms.  Yacht Today can terminate this license at any time, without notice.  This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the YT Platform and the framing of any Content available through the YT Platform, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Yacht Today’s sole discretion) an unreasonable or disproportionately large load on Yacht Today’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Yacht Today to prevent or restrict access to the YT platform.  Any unauthorized use by you shall terminate the permission or license granted to you by Yacht Today.

(c) Inaccurate Information. If in your use of the YT Platform you provide any information that is untrue, inaccurate, not current or incomplete or Yacht Today has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yacht Today  has the right to suspend or terminate your Yacht Today Account and refuse any and all current or future use of the YT Platform (or any portion thereof). If you use the YT Platform, you are responsible for restricting access to your computer, phone, mobile device or other method by which you access the YT Platform. You agree to accept responsibility for all activities that occur under your account or with your access credentials (username and password). Because of this, Yacht Today strongly recommends that you exit from your account at the end of each session. You agree to notify Yacht Today immediately of any unauthorized use of your account or any other breach of security. Yacht Today reserves the right to refuse service, terminate accounts, change credentials, or remove or edit Content in its sole discretion for any reason or no reason.

(d) No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Yacht Today or its licensors.  No Owner, Renter, Member, Captain, visitor or other user of the YT Platform obtains any rights in the Yacht Today or YT Platform technology or intellectual property by use of the YT Platform or registering or becoming a Member or listing or renting any Yacht or employing any Captain.

(e) Protection of Yacht Today Intellectual Property Rights. Yacht Today will maintain its ownership of its Intellectual Property Rights with respect to the YT Platform. No technology transfer is provided by these Terms or any use of the YT Platform. Owners, Renters, Captains, and other users shall NOT attempt to “download”, access, copy or otherwise utilize any software, systems, or technology relating to the YT Platform. Owners, Renters,  Captains and other users  do NOT acquire any rights to any Yacht Today Intellectual Property through use of the YT Platform. Each Owner, Renter, Captain, or user of the YT Platform agrees that they will not attack the title or validity of any rights of Yacht Today in and to YT Platform or any Intellectual Property Rights relating to the YT Platform. or do anything either by an act of omission or commission which might impair, violate or infringe any of the Yacht Today Intellectual Property Rights and will not interfere with or claim adversely to Yacht Today or anyone claiming through Yacht Today any right, title or interest in or to the Yacht Today Intellectual Property Rights. Each Owner, Renter, Captain, or user of the YT Platform agrees never to attack, challenge, interfere with, impair, or attempt to invalidate any Yacht Today Intellectual Property Rights or to assist any other person or entity in doing so.

(f) COPYRIGHT. The YT Platform is proprietary software and technology developed and owned by Sailer Seeker and Yacht Today retains all intellectual property rights relating thereto,  The YT Platform and all related software is Copyright © YACHT TODAY LLC 2021.

(g) TRADEMARKS AND LOGOS.  The trademarks, service marks, and logos of YACHT TODAY TM (“Yacht Today  Trademarks”) used and displayed on the YT Platform are registered and unregistered trademarks or service marks of YACHT TODAY LLC.  Other company, product, and service names used and displayed on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Yacht Today Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without Yacht Today’s prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Yacht Today in writing. All goodwill generated from the use of the Yacht Today Trademarks inures to Yacht Today’s benefit. Elements of the YT Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without Yacht Today’s express, written consent for each and every instance.

Member Content, License to Yacht Today

(a) If you as an Owner, Renter or Captain submit, transmit, display, perform, post or store Content  (collectively, “Member Content”) using the YT Platform, you grant Yacht Today and its sublicensees an unrestricted, worldwide, perpetual, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (i) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Member Content (including without limitation for promoting and redistributing part or all of the services provided by the YT Platform (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (ii) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such Member Content.

(b) Member Content Representations. You are solely responsible for your Member Content and the consequences of posting or publishing it. By uploading and publishing your Member Content, you represent, and warrant that: (1) you are the creator and owner of the Member Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Member Content does not and will not (x) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (y) defame any other person; and (3) your Member Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code.

(c) Content Policy.  You will adhere to Yacht Today’s Content Policy (Content@theyachtday.com). Without limiting the generality of the  Yacht Today Content Policy, you  will not upload to, distribute or otherwise publish through the YT Platform any Content  that:

is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;
may  contain software viruses or malware;

contains advertisements or solicitations of any kind, or other commercial content;

contains personal information (such as messages that include phone numbers, email addresses;

Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where Yacht Today expressly asks you to provide such information;

contains messages by unauthorized persons purporting to speak on behalf of Yacht Today or containing confidential information or expressing opinions concerning Yacht Today;

contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;

contains chain letters of any kind;

expressing a political or other similar message or part a political campaign contains any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the YT platform to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the YT Platform to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases constitutes stalking or harassing other persons, whether or not users of the YT Platform.
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the YT Platform;

You will not take any action that imposes or may impose (in Yacht Today’s sole discretion) an unreasonable or disproportionately large load on Yacht Today’s technical infrastructure;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site,

You will not use any automated device or software that enables the submission of automatic postings on the Yacht Today without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and

You will not interfere with or attempt to interrupt the proper operation of the YT Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the YT Platform through hacking, password or data mining, or any other means.

Please let YACHT TODAY know about inappropriate content. If you find something that violates YACHT TODAY’s policies or community guidelines, let YACHT TODAY know, and YACHT TODAY will review it. YACHT TODAY reserves the right, in KKI’s sole and absolute discretion, to deny you access to the Site, or any portion of the Site, without notice and remove any Content that does not adhere to these guidelines

(d) Yacht Today reserves all rights and remedies against any Members who breach these representations and warranties.  Yacht Today, in its sole discretion, may terminate, take down or delete any Member Content which Yacht Today believes is fraudulent, improper, infringing, defamatory, suspicious, harmful to the YT Platform or systems, contains improper personally identifiable information, or is in violation of these Terms or of applicable laws and regulations.

Links to Third-Party Websites and Resources.

The YT Platform may contain links to third-party websites or resources. You acknowledge and agree that Yacht Today 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 Yacht Today of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge 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.

Feedback

(a) We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback through feedback@theyachtday.com or customersupport@theyachtday.com.

(b) You acknowledge and agree that all Feedback will be the sole and exclusive property of Yacht Today and you assign to Yacht Today 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 Yacht Today’s request and expense, you will execute documents and take such further acts as Yacht Today may reasonably request to assist Yacht Today to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

(c)   Any suggestions for improvements and additions to the YT Platform, its systems, software, graphics, presentation or otherwise, made by any Owner, Renter, Member, visitor or other user of the YT Platform, shall be deemed “Works for hire” for Yacht Today which shall obtain and retain all intellectual property rights thereto.

Procedure For Claims under the Digital Millennium Copyright Act; Copyright Dispute Policy

Yacht Today respects the intellectual property rights of others and attempts to comply with all relevant laws, and it expects its users to do the same. Yacht Today will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. Yacht Today may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party.  Yacht Today’s designated agent under the Digital Millennium Copyright Act (the “DMCA”) for the receipt of any notification of claimed infringement, which may be given under the DMCA is as follows:

Copyright Agent
c/o Yacht Today LLC
230 NE 4th Street

Miami, FL 33132

copyright@theyachtday.com

If you believe that your work has been copied on the YT platform in a way that constitutes copyright infringement, please provide Yacht Today’s agent with notice in accordance with the requirements of the DMCA, including

(i) a description of the copyrighted work that has been infringed and the specific location on the YT Platform where such work is located;
(ii) a description of the location of the original or an authorized copy of the copyrighted work;
(iii) your address, telephone number and e-mail address;
(iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
(vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Termination and Yacht Today 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 the YT Platform, and (b) deactivate or cancel your Yacht Today 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 Yacht Today terminates these Terms, or your access to the YT Platform or deactivates or cancels your Yacht Today Account you will remain liable for all amounts due hereunder. You may cancel your Yacht Today Account at any time by contacting us at customersupport@theyachtday.com. Please note that if your Yacht Today Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or Feedback.

Disclaimers

(a) IF YOU CHOOSE TO USE THE YT PLATFORM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT YACHT TODAY 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 YT PLATFORM SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, YACHT TODAY 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. YACHT TODAY MAKES NO WARRANTY THAT THE YT PLATFORM, SERVICES AND CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY YACHTS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YACHT TODAY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY YACHT LISTINGS OR YACHTS, THE QUALIFICATIONS OF CAPTAINS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR SERVICES OBTAINED THROUGH YT PLATFORM.

(b) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YACHT TODAY, OR THROUGH THE YT PLATFORM, SERVICES OR  CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

(c) YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE YT PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS, RENTERS OR CAPTAINS.. YOU UNDERSTAND THAT YACHT TODAY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY YACHTS. YACHT TODAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE YT PLATFORM, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE YT PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE YT PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE YT PLATFORM, APPLICATION OR SERVICES, 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 YACHT TODAY.

(d) YOU AUTHORIZE YACHT TODAY DIRECTLY OR THROUGH THIRD PARTIES SUCH AS COGNITO, TO MAKE ANY INQUIRIES WE CONSIDER NECESSARY TO HELP VERIFY OR CHECK YOUR IDENTITY OR PREVENT FRAUD. THIS MAY INCLUDE ASKING YOU TO PROVIDE A FORM OF GOVERNMENT IDENTIFICATION (E.G. DRIVER’S LICENSE OR PASSPORT), YOUR DATE OF BIRTH, AND OTHER INFORMATION REQUIRING YOU TO TAKE STEPS TO CONFIRM OWNERSHIP OF YOUR EMAIL ADDRESS, PAYMENT METHODS OR PAYOUT METHODS; OR ATTEMPTING TO SCREEN YOUR INFORMATION AGAINST THIRD PARTY DATABASES. YACHT TODAY RESERVES THE RIGHT TO CLOSE, SUSPEND, OR LIMIT ACCESS TO THE PAYMENT SERVICES IN THE EVENT WE ARE UNABLE TO OBTAIN OR VERIFY ANY OF THIS INFORMATION.

(e) NOTWITHSTANDING YACHT TODAY’S ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, YACHT TODAY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.

Limitation of Liability; Dispute Resolution Mechanism.

(a) 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 YT PLATFORM AND  CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY YACHTS VIA THE YT PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.

(b) NEITHER YACHT TODAY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT ON THE YT PLATFORM 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  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 YT PLATFORM, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY YACHT VIA THE YT PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT YACHT TODAY 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.

(c) EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL YACHT TODAY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY YACHT VIA THE YT PLATFORM, OR FROM THE USE OF OR INABILITY TO USE THE YT PLATFORM, OR  CONTENT AND IN CONNECTION WITH ANY YACHT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES 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 YACHT TODAY 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 YACHT TODAY 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. [Let’s discuss these liability limits -it says 12 months prior payments]

(d) YOU AGREE THAT ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THE YT PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES.  OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED.   ANY SUCH ACTION MUST BE BROUGHT EXCLUSIVELY IN THE STATE AND FEDERAL COURTS SITTING IN THE STATE OF FLORIDA. YOU AND YACHT TODAY FURTHER AGREE WITH WAIVE TRIAL BY JURY IN ANY SUCH ACTION

(e) [Consider whether we want this -I often put this in agreements, it is far better than Arbitration which is horrible ] Dispute Resolution Mechanism.  Yacht Today and each Owner, Renter, Captain and another user of the YT Platform agree that prior to commencing any litigation or claim in any court or other tribunal, they shall attempt to resolve the dispute during a mandatory thirty (30) day negotiation and cooling off period (“Negotiation Period”).  Either party may initiate the Negotiation Period by written notice setting forth the circumstances of the dispute, following which the parties and their professional representatives shall confer via audio or video conference call to attempt to resolve such dispute. The Negotiation Period may be extended by mutual agreement. No such party shall commence any litigation or claim in any court or other tribunal until expiration of the Negotiation Period without a resolution of the dispute. The Negotiation Period and the dispute resolution mechanism shall NOT apply to Yacht Today’s right to obtain injunctive relief as set forth below.

Indemnification

You agree to release, defend, indemnify, and hold Yacht Today and its affiliates and subsidiaries, and their managers, members, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the  YT Platform or Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking or use of a Yacht, (iii) creation of a Yacht Listing or a Captain Listing,  (iv) the use, condition, ownership, operation or rental of a Yacht by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a ownership, operation, rental, booking or use of a Yacht, (v) the retention of or provision of services by a Captain for a Renter or Owner.  (vi) any claims by or among an Owner, Renter or Captain pursuant to a Yacht Rental Agreement or a Captain Service Agreement or any contractual relationships between such parties or (v) any third party claims relating to the ownership, operation, rental, booking or use of a Yacht such as by guests or invitees of a Renter; crew members; owners or operators of marinas, docks, or other facilities relating to a Yacht owned rented or operated by an Owner or Renter;  vendors or providers of services to Owners or Renters such as food and beverage service, entertainment and transportation.

Third-Party Vendors and Providers.

In the event that an Owner or Renter requests services to be provided to them at the Yacht or any marina, dock or other facility where the Yacht is located, such as food and beverage service, entertainment, parking, transportation, photography or videography, cleaning, provisioning and crew or other personnel, the Owner or Renter as applicable shall be exclusively responsible for payment of all charges by such third-party vendors and providers.  The advertisement or provision of links to such third-party vendors and providers on the YT Platform does NOT constitute any endorsement or approval of such vendors or providers by Yacht Today and Owners and Renters may contract with them at their own risk.

Export Control and Restricted Countries

By using the Services, you represent and warrant that (i) neither you nor your listed Yacht is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Yacht Today does not permit Yacht Listings associated with certain countries due to U.S. embargo restrictions.

Reporting Misconduct

If you interact with another user of the YT Platform who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent, or sexually inappropriate behavior, (ii) you suspect of stealing from you or engaging in fraudulent or suspicious activity, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Yacht Today by contacting us with your police station and report number at customerservice@theyachtday.com.

General Provisions.

(a) Independent Contractors. Yacht Today, Owners, Renters, Captains, and other registered users of the YT Platform shall be independent contractors, and nothing in these Terms or any transactions processed through the YT Platform shall be construed to create an employment, partnership, joint venture or agency relationship between Yacht Today and any such parties.  No Owner, Renter, Captain or other user of the YT Platform will have the power to bind  or to incur obligations on behalf of Yacht Today. These Terms of Use are NOT an employment agreement, and no persons associated with any Owner, Renter, Captain or other user shall be construed as an employee of Yacht Today.

(b) Yacht Today is NOT an insurer, insurance broker, insurance consultant and does not provide any property, liability or casualty insurance, medical insurance, professional liability, errors and omissions, general liability, employer’s liability or other insurance to any Owner, Renter, Captain or other user of the YT Platform.  The advertisement or provision of links to such third-party providers of insurance or insurance services on the YT Platform does NOT constitute any endorsement or approval of such insurers or providers of insurance services by Yacht Today and Owners and Renters may contract with them at their own risk and at their own expense. .

(c) Entire Agreement. These Terms (along with or Privacy and other Yacht Today policies) constitute the entire and exclusive understanding and agreement between Yacht Today and you regarding the YT Platform and Content, and any bookings or Yacht Listings of Yachts made via the YT Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Yacht Today and you regarding the foregoing.

(d) No Assignment. You may not assign or transfer these Terms or your Yacht Today Account, by operation of law or otherwise, without Yacht Today’s prior written consent. Any attempt by you to assign or transfer these Terms or your Yacht Today Account, without such consent, shall be void. Yacht Today may assign or transfer these Terms, at its sole discretion, without restriction, to any successor to the business of Yacht Today. . Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(e) Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Yacht Today (i) via email (in each case to the address that you provide) or (ii) by posting to the YT Platform.  For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Any notices by any Owner, Renter, Captain Member or other user of the YT Platform to Yacht Today is best sent to customersupport@theyachtday.com.

(f) Non-Waiver. The failure of Yacht Today 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 Yacht Today. 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.

(g) Severability.  If for any reason 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.

(h) Governing Law and Jurisdiction. By using the YT Platform, you agree that  the laws of the State of Florida (and applicable federal law), without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Yacht Today. You and we agree to submit to the personal jurisdiction of the federal and state courts located in the State of Florida for the resolution of any disputes under these Terms or between Yacht Today and you.

(i) Injunctive Relief.  Each Owner, Renter, Captain, and another user of the YT Platform acknowledges that the covenants and restrictions set forth in these Terms (including without limitation as to Yacht Today’s Intellectual Property rights), are reasonable and necessary to protect the legitimate interests of Yacht Today and that any violation or breach of these Terms will result in substantial and irreparable harm to Yacht Today for which no adequate remedy would exist at law.  Accordingly, in addition to any relief at law that may be available to Yacht Today for such violation or breach and regardless of any other provision contained in this Agreement, Yacht Today will be entitled to injunctive and other equitable relief restraining such violation or breach (without any requirement that Yacht Today provide any bond or other security or prove special damages).  Each Owner, Renter, Captain and other user of the YT Platform acknowledges that the YT Platform operates on a worldwide basis and accordingly the geographic restrictions set forth in these Terms are world-wide in scope. Notwithstanding any other provision of these Terms, Yacht Today may pursue injunctive or other equitable relief to prevent the actual or threatened breach of these Terms or infringement, misappropriation, or violation of Yacht Today’s Intellectual Property Rights in any court of competent jurisdiction and without requiring or utilizing the Negotiation Period dispute resolution mechanism set forth above.

FORCE MAJEURE/EXCUSABLE DELAY

YACHT TODAY shall be excused from performance under these Terms of Use to the extent, it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from

(1) hurricanes, tornadoes, and other adverse weather conditions or other elements of nature or acts of God,

(2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion,

(3) quarantines or embargoes,

(4) pandemics and health conditions such as the Coronavirus outbreak, the government ordered business shutdowns, and all other actions and precautions taken for health and safety at the discretion of YACHT TODAY

(5) disruptions in the internet, e-commerce, mobile, cellular, wi-fi, and other communication services utilized for access to or operation of the Site

(6) business shutdowns, lockouts, or restrictions ordered by governmental agencies

(8) cyber attacks, hacking and other criminal and/or unauthorized disruptions of our Site

(9) labor strikes, or

(10) other causes beyond the reasonable control of TrueFacet.

Termination Of Site, Services, Etc.

YACHT TODAY reserves the right, in YACHT TODAY’s sole discretion, to restrict, suspend, or terminate the operation of the YT Platform and related Site and your access to the YT Platform or any part thereof, at any time and for any reason without prior notice or liability. YACHT TODAY reserves the right to change, suspend, or discontinue all or any part of the YT Platform or related Site at any time without prior notice or liability.

Contacting Yacht Today

If you have any questions about these Terms of Use, please contact Yacht Today at customersupport@theyachtday.com.