Each user of RentbyBoater.com (the "Website") acknowledges and agrees to the following terms and conditions ("Terms"). References herein to "you" or "your" refer to one or more of the Users (as hereinafter defined).

1. The Website. The Website, its owners, designers, operators, and their respective subsidiaries, affiliates, officers, directors, and employees (collectively, "RBB") is solely intended as a site for potential renters to find boats or other vessels listed by third parties. RBB is not an agent, employee, or partner of any potential or actual renter, boat owner, or advertiser on the site (such persons hereinafter referred to as "users"). RBB is not a party to any transaction between users solely by reason of providing the Website.
2. Capacity of User. User represents that he or she is of age and ability to enter into binding and enforceable contracts.
3. Limited Use. RBB grants the users a limited, revocable, and non-exclusive license to access the Website for its intended purposes, namely, to post or find boat rentals and/or to post or view advertisements for boat-related goods and services. Such use may include printing or otherwise saving inquiry pages and rental postings for a renters own personal use, but such information may not be modified, reproduced, transmitted, or otherwise used for any other use or for an commercial purpose. All other use is strictly prohibited, absent the prior express consent of RBB. Except as otherwise expressly agreed, RBB (i) makes no guarantees regarding the content of the Website and may modify, remove, or discontinue the Website or its content at any time without notice, and (ii) is not responsible for the content of any listings, reviews, advertisements or other postings by third parties, including Users.
4. Proprietary Rights. The Website as a whole (including all internal links) and its content are the property of RBB, protected by all applicable copyright laws, including, without limitation, the U.S. Copyright Act of 1976, as amended, codified in Title 17 of the U.S. Code.
5. Prohibited Uses. Users shall not use the Website for any purpose other than posting or searching boat rentals and/or posting or viewing advertisements for boat-related goods and services. Without limiting the foregoing, Users shall not:
   1. 5.1 post false or fraudulent rental listings;
   2. 5.2 make any false, fraudulent, or speculative rental or inquiry;
   3. 5.3 post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, sexually explicit, or profane material or any material that could constitute or encourage a criminal act, give rise to civil liability, or otherwise violate any applicable law;
   4. 5.4 upload or transmit to the Website or any other Users any software or other material containing viruses or other programming that may damage or interfere with the normal, secure operation of the Website or the User's computer or other device; or
   5. 5.5 use any content of the Website in violation of the content owner's proprietary rights.
6. Posted Information.
   1. 6.1 User represents, warrants, and covenants that all information he or she posts or lists on the Website shall be true, complete and accurate, and shall not be misleading. Upon request of RBB, User shall promptly provide evidence of User's capacity to contract, identification, and other materials contained in User's posts or listings.
   2. 6.2 Each User who posts a listing for an available boat or other vessel for rent represents and warrants that he or she has full power and authority to post the boat or other vessel for rent on the Website and to enter into a rental contract in accordance with such listing.
   3. 6.3User hereby grants RBB an unrestricted, non-exclusive, royalty-free, perpetual and worldwide license to use, copy, publish, print, reprint, distribute, or otherwise use any material User posts, lists or otherwise transmits to or through the Website, including without limitation any photographs posted by User. Without limiting the foregoing, RBB may use photographs, reviews or other User materials in its promotion of the Website. User represents and warrants that it is the owner of such material and has all requisite power and authority to grant this license to RBB. RBB shall not be liable for any infringement of the User's rights in such material by third parties.
   4. 6.4 RBB reserves the right to direct formatting or other requirements of User posts, listings or advertisements. RBB may also remove or refuse to include hypertext links to, or addresses of, other websites from postings or listings of Users. If RBB removes a link, it may do so immediately, unilaterally, and without notice.
   5. 6.5 RBB further reserves the right to edit any posts, listings, or advertisements of a User; provided, any edits which effect the substance of such material shall be reviewed and agreed upon by RBB and the User before publishing to the Website; provided, RBB shall not be liable for any non-substantive edits made to the contact. Solely by way of example, RBB may edit the positioning or size of a photograph and text within a listing, but shall not be liable for any damages the User may incur relating to such listing, even if they result from the negligence of RBB.
7. Payment. Unless otherwise indicated, all monetary amounts identified on the Website are in U.S. Dollars. Payments required to be made to RBB, for listings, membership services, or other goods or services are non-refundable unless otherwise specifically provided.
8. Termination. RBB reserves the right to terminate a User's account, to terminate a specific listing, or to refuse access to a User, at any time, for any reason and without notice. RBB also reserves the right to refuse or reject any advertisement submitted to it for posting at any time, for any reason and without notice.
9. E-mail; Privacy Policy. By providing your e-mail address to RBB, you agree that RBB may add your e-mail address to its database(s) of Users and send one or more promotional e-mails regarding the Website, its services and operations. You may opt out of receiving such e-mails at any time by notifying RBB as directed in such e-mails or on the Website. You agree to the terms and conditions of our Privacy Policy. All information you provide to RBB on the Website will be subject to these Terms and the Privacy Policy, and you agree that RBB may store such information at such locations (within or outside the United States) as RBB deems appropriate in its sole and absolute discretion.
10. Identity. RBB makes no warranties or guarantees as to the identity of any User. It is each User's responsibility to confirm the identity of any other User with whom it transacts business. User's shall be solely responsible for all transactions conducted under their username and password, even if such transactions were not undertaken by the User or were unauthorized. Each User agrees to notify RBB immediately of any actual or suspected unauthorized use of the User's username, password, or other identifying information. RBB shall not be liable for any unauthorized transactions made or using any User's username or password. RBB has the right, but not the obligation. to terminate a User's account at any time if it suspects an unauthorized or fraudulent use of that account.
11. Other User Information. Each User agrees that it shall not use any information regarding other User's obtained from the Website (directly or indirectly, including communications initiated through the Website) for any purpose other than to facilitate the transaction intended by the disclosure of such information. Without limiting the foregoing, no User shall use another User's information for the purpose of sending spam or other unsolicited communications. RBB reserves the right to deny a User access to the Website and to remove any postings or listings of a User as RBB decides in its sole and absolute discretion.
12. Forms and Calculators. RBB provides certain form documents, including rental agreements, and calculators for the convenience of the Users. These documents and calculators are provided solely as a courtesy to the Users. RBB makes no representations or warranties regarding the accuracy of its calculators or the enforceability or legality of these documents. The form documents provided are not a substitute for the advice of an attorney, and a User should consult his or her own attorney to advise him or her as to the terms and legal consequences of any contemplated transaction and/or agreement. RBB specifically disclaims all express or implied warranties of any kind with respect to these forms and calculators, and in no event shall RBB be liable for any damages whatsoever arising out of the use of or inability to use the forms provided.
13. DISCLAIMER; LIMIT OF LIABILITY. THE Website, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS AND MATERIALS POSTED, ARE MADE AVAILABLE ON AN "AS IS" BASIS. RBB MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE OR GUARANTEES OF AVAILABILITY OR ACCURACY OF THE WEBSITE OR ANY OF ITS CONTENTS OR COMPONENTS AT ANY GIVEN TIME OR THAT THE WEBSITE, ITS CONTENTS OR COMPONENTS WILL BE DEFECT, ERROR, OR VIRUS FREE. RBB DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES. RBB SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RESULTING FROM A USER'S USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION FRAUDULENT LISTINGS, OTHER LISTINGS OR POSTINGS OF USERS, OR BREACH OF CONTRACT BY A USER.
14. No Guarantee of Confidentiality. RBB makes no guarantee that any material posted or transmitted to, by or through the Website shall remain confidential. By posting or transmitting information on, to, by or through the Website, you acknowledge and agree that such information may be read or intercepted by persons other than the designated recipient and that RBB shall not be responsible for any such matter.
15. RELEASE OF LIABILITY. EACH USER HEREBY AGREES TO RELEASE AND FOREVER DISCHARGE RBB FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE ARISING FROM OR RELATING TO A USER'S USE OF THE WEBSITE, EVEN IF SUCH INJURY OR DAMAGE RESULTS FROM THE NEGLIGENCE OR FAULT OF RBB.
16. INDEMNIFICATION. Each User, with the intention of binding itself, its successors, legal representatives, heirs, directors, shareholders, and/or assigns, as the case may be, hereby agrees to indemnify and hold RBB harmless from and against any and all liability damages, actions, causes of action, claims, losses, guarantee payments, and/or expenses (including but not limited to attorneys' fees, court costs and expenses) (hereinafter collectively referred to as "Losses"), arising in connection with or based on User's use of the Website (including without limitation the posting of listings or reviews) or any breach of contract by User. Each User shall cooperate to the full extent possible with RBB in defending any such Losses. User may not settle any such Losses without the prior written consent of RBB. RBB may, in its discretion, assume the defense of any Losses. Without limiting the foregoing, each User who lists a vessel for rental (i) acknowledges that RBB may offer its renter-Users certain guarantees (whether for consideration or not) relating to their rental of a vessel from a User on the Website, and (ii) hereby agrees to indemnify and hold RBB harmless for any Losses (including payments on such guarantees) RBB incurs as a result of the listing-User's failure to meet its obligations to the renter-User.
17. Governing Law; Venue. This Agreement, the rights and obligations of the parties hereto, and any claims or disputes relating thereto, shall be exclusively governed by and construed in accordance with the laws of the State of Florida (without regard to any Florida law which would require the application of the law of any other state or jurisdiction). Venue for any dispute under this Agreement shall exclusively be in the state courts of competent jurisdiction sitting in Lee County, Florida.
18. Third Party Sites. The Website may contain links or other directions to other, third party Internet sites or resources, including to sponsors of the Website. Such sites are maintained by third parties and the link or other direction does not constitute an endorsement of such site or its content by RBB. RBB shall not be responsible for the content or security of such third party sites.
19. Notice. Whenever any notice is required or permitted to be given, such notice will be in writing, and where applicable signed by or on behalf of the party giving the notice and shall be deemed to have been given when delivered by personal delivery or mailed by certified or registered mail, postage prepaid, return receipt requested, addressed to the party or parties to whom such notice is to be given at the following addresses:
    
    

    If to RentbyBoater:	P.O. Box 1018 Bonita Springs, Florida 34133-1018 Attn: CS Department customerservice@rentbyboater.com
    If to Renter:	At the address (e-mail or mailing) identified on the Application

    
    
    In the event a record is transmitted by e-mail, it shall be deemed to have been given when actually received in the recipients inbox; provided, User shall be responsible for ensuring that communications from RBB are not intercepted by User's spam filter(s) or other electronic security devices, and notice to User shall be deemed to have been given when actually received in User's inbox or in a spam or other security filter.
20. Amendment. RBB may, in its sole discretion, amend or modify these Terms at any time. Any amendments or modifications to these Terms shall be posted on the Website.
21. Severability. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement.
22. Headings. The headings of the various sections herein contained are intended for ease of reference only and are not to be construed as evidence of the intent as to the contents thereof.