Makai Terms of Service

Last Updated: September 21, 2022

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

You agree that by clicking “Sign Up”, participating in the Referral Program (defined below), registering, accessing, or using our Services (described below), you are agreeing to enter into a legally binding contract with Makai Technologies, Inc. operating as d/b/a Makai, (hereafter referred to as “Makai”, “we”, “us”, or “our”).  If you do not agree that these Terms of Service (“Terms”) form a contract with you, or should you not wish to agree to these Terms, do not click “Sign Up” and do not access or otherwise use any of the Services. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and / or criminal penalties.

You agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and all Collective Content (defined below), and your participation in the Referral Program (defined below).  These Terms constitute a binding legal agreement between you and Makai.

Makai provides an online platform that connects Owners who have Boats (as defined below) to rent with Renters seeking to rent such Boats, which platform is accessible at https://themakaiapp.com and any other websites through which Makai makes the platform available (collectively, the “Site”) with any other websites, applications, features, software or services provided, owned, or operated by Makai that link to these Terms are, collectively, the “Services”.

Your use of our Services is also subject to our Privacy Policy. Other services offered by Makai may be subject to separate terms.

YOU UNDERSTAND AND AGREE THAT MAKAI IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS MAKAI A BOAT BROKER, AGENT OR INSURER. MAKAI HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY BOATS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

When using or opening an account with Makai on behalf of a company, entity, or organization, you represent and warrant that you: (i) 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) agree to these Terms on behalf of such entity.

Definitions

“Boat(s)” means marine vessels.

“Boat Captain” means a person who operates the vessel and carries the proper license to do so. They ensure that all proper guidelines and safety documentation are aboard while underway.

“Makai Content” means all Content that Makai makes available through the Services, including any Content licensed from a third party, but excluding Member Content.

“Collective Content” means Member Content and Makai Content.

“Content” means text, graphics, images, music, software, audio, video, information and any other content or materials.

“Renter” means a Member who requests a booking of a Boat via the Services, or a Member who uses a Boat and is not the Owner for such Boat.

“Owner” means a person who creates and manages a Listing via the Services, is responsible for approving rentals, checking in or out a Renter, or responding to messages on the website. The Owner does not have to be the Boat Captain, but will need to be appointed and approved by the Boat Owner.

“Listing” means a Boat that is listed by an Owner as available for rental via the Services.

“Member” means a person who completes Makai’s account registration process, including, but not limited to Owners and Renters

“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.

“Service Fee Policy” The list of fees associated with transactions that are available via the Services.  A list of the current charges and fees can be found by visiting the Service Fee Policy: https://themakaiapp.com/fee_policy.

“Time Charter” A rental of a Boat supported by a written agreement whereby the Boat Owner makes the Boat available to the Renter but the Owner remains responsible for all aspects of operating the Boat including but not limited to manning and provisioning the Boat. An Owner of a Boat 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 Boat.

“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST), value added tax (VAT), and any other applicable or similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.

Modification

Makai reserves the right, at its sole discretion, to modify the Services or to modify these Terms, including the Service Fees (defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Other Policies

You agree that you will comply with all written Makai rules, agreements, and policies that are made available by Makai on the Services and which are incorporated herein by reference. These include, but are not limited to, the following:

Fees Policy (available at https://themakaiapp.com/fee-policy)

Cancellation Policy (available at https://www.themakaiapp.com/cancellation-policy)

Privacy Policy (available at https://www.themakaiapp.com/privacy-policy)

Booking Agreement (available at time of booking)

or any other policies posted on the Services

Minimum Age

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

How the Services Work

The Services can be used to facilitate the listing and booking of Boats. Such Boats are included in Listings on the Services by Owners. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a Boat or create a Listing, you must first register to create a Makai Account (defined below). As stated above, Makai makes available a platform or marketplace with related technology for Renters and Owners to meet online and arrange for bookings of Boats. Makai is not an Owner or operator of Boats, including, but not limited to, powerboats, sailboats, ski boats, yachts, houseboats, or other Boats, nor is it a provider of Boats, including, but not limited to, powerboats, sailboats, ski-boats, yachts, houseboats, or other Boats, and Makai does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Boats, including, but not limited to, powerboats, sailboats, ski boats, yachts, houseboats, or other Boats, or transportation or travel services. Makai’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Owner for the sole purpose of accepting payments from Renters on behalf of the Owner.

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF BOATS. MAKAI CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND/OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY BOATS. MAKAI IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BOATS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.

Account Registration

In order to access certain features of the Services, and to book a Boat or create a Listing, you must register to create an account (“Makai Account”) and become a Member. You may register to join the Services directly via the Services or as described in this section.

You can also register to join by logging into online accounts you may have with third-parties, such as Facebook, Google, and Apple; each such account, a “Third Party Account”, via our Services. As part of the Services, you may link your Makai Account with Third Party Accounts, by either: (i) providing your Third-Party Account login information to Makai through the Services; or (ii) allowing Makai to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Makai and/or grant Makai access to your Third-Party 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 Third-Party Account and without obligating Makai to pay any fees or making Makai subject to any usage limitations imposed by such third party service providers. By granting Makai access to any Third-Party Accounts, you understand that Makai will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“TPA Content”) so that it is available on and through the Services via your Makai Account and Makai Account profile page. Unless otherwise specified in these Terms, all TPA Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have established in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Makai Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or Makai’s access to such Third-Party Account is terminated by the third-party service provider, then TPA Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Makai Account and your Third-Party Accounts, at any time, by accessing the “Account” section of the Site and Application.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

Makai makes no effort to review any TPA Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Makai is not responsible for any TPA Content.

We will create your Makai Account and your Makai Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via a Third-Party Account as described above.

You may not have more than one (1) active Makai 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. Makai reserves the right to suspend or terminate your Makai Account and your access to the Services if you create more than one (1) Makai Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

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 Makai Account, whether or not you have authorized such activities or actions. You will immediately notify Makai of any unauthorized use of your Makai Account.

Unless expressly permitted in writing by Makai, you may not sell, rent, or lease your Makai Account to anyone else.

Boat Listings

As a Member, you may create Listings. To list, you must pass a verified user check via, Passbase. You will be asked a variety of questions about the Boat to be listed, including, but not limited to, the location, size, features, availability of the Boat, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Services. Other Members will be able to book your Boat via the Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Boat, the price for such booking may not be altered without contacting customer service (support@themakaiapp.com).

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, a Boat in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Boat included in a Listing you post, including, but not limited to, insurance requirements, coast guard regulations, zoning laws, marina regulations, and laws governing rentals and operation of Boats and (b) not conflict with the rights of third parties. Please note that Makai assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations. Makai reserves the right, at any time and without prior notice, but without obligation to do so, to remove or disable access to any Listing for any reason, including Listings that Makai, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

You understand and agree that Makai does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your Boat and uses your Boat, any agreement you enter into with such Renter is between you and the Renter and Makai is not a party thereto. Notwithstanding the foregoing, Makai serves as the limited authorized payment agent of the Owner for the sole purpose of accepting payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner.

When you create a 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 Boat, including, but not limited to, requiring Members to have a profile picture, in order to book your Boat. Any Member wishing to book Boats included in Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information.

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

No Endorsement

Makai does not endorse any Members or Boats. 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 Makai 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 Makai with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Owner against Makai regarding the remittance of payments received from a Renter by Makai on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings and Financial Terms

If you are an Owner and a booking is requested for your Boat via the Services, you may be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Makai in its sole discretion) or the booking request may be automatically canceled. When a booking is requested via the Services, 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 Makai 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 Boat within such 24-hour period, any amounts collected by Makai 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, Makai will send you an email, text message or message via the Services confirming such booking, depending on the selections you make via the Services.

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 Makai the Total Fees relating to the confirmed booking for the Boat in the alternative listing, in accordance with these Terms.

The fees displayed in each Listing are comprised of the Boat Rental Fees and the Service Fees. Where applicable, Taxes may be charged in addition to the Service Fees and Boat Rental Fees. The Boat Rental Fees, the Service 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 Boat which are actually collected by Makai are the Boat Rental Fees. Please note that it is the Owner, and not Makai which determines the Boat Rental Fees. The Boat Rental Fees may include cleaning fees and / or pre-paid fuel charges, at the Owner’s discretion.

Makai charges a fee to Renters based upon a percentage of the Boat Rental Fees; this charge is referred to as the “Service Fees”. The Service Fee is added to the Boat Rental Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Makai 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 Boat Rental Fees (less Makai’s Service Fees as defined in the Fees Policy https://themakaiapp.com/fee-policy) to the Owner two business days provided Makai has the accurate account information after the Renter arrives at the applicable Boat (except to the extent that a refund is due to the Renter).

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.

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

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

Agreed Exclusivity with Makai

As an Owner, you agree to use the Service to communicate and facilitate a rental with a Renter. You agree not to take any action directly or indirectly to circumvent the Service Fee Policy. If you do so, you agree that Makai may charge you a fee up to $1,000 per booking, in addition to the Service Fees otherwise owed to Makai.  Makai may collect the fee from future bookings or otherwise.

Minimum Age to Rent

The minimum age to rent varies by type of rental (Boat operated by a Captain hired by Renter, Time Charter (Owner operated)). The minimum age to rent a Boat is 18. For Boat Rentals that are operated by licensed captains hired by Renter that are insured through the policy made available via the Services during the rental, the minimum age is 18.

Insurance

Makai is not a party to any contract for insurance facilitated through any link to a third-party insurance provider advertising on the Website or App, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link. Insurance coverage may be provided through a third-party independent insurance producer not affiliated with Makai. Makai does not act as a broker, agent or consultant in the sale of insurance, is not endorsing or recommending any particular insurer or terms of coverage, and is merely providing a link for you, if you wish, to transact a contract for insurance with a third-party provider. Any contract for insurance is solely between you, as the insured, and such insurer as you and the third-party insurance provider agree shall act as the insurer. Makai has no control over and makes no representations regarding the coverage of any insurance you may purchase from a third-party insurance provider. You acknowledge and agree that Makai assumes no responsibility or liability for any claims or disputes arising from, or related to, a contract for insurance facilitated through such link. You also acknowledge and agree that Makai shall not be included as a party to any such claims or disputes.

Appointment of Makai as Limited Payment Agent for Owner

Each Owner hereby appoints Makai as the Owner’s limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner. Each Owner agrees that payment of Boat Rental Fees made by a Renter to Makai shall be considered the same as a payment made directly to the Owner and the Owner will make the Boat available to Renter in the agreed upon manner as if the Owner has received the Boat Fees. Each Owner agrees that Makai may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the Boat Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized payment agent of the Owner, Makai assumes no liability for any acts or omissions of the 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.

You are immediately responsible to Makai for all credit card disputes, refunds, reversals, or fines regardless of the reason or timing. In many but not all cases, you may have the ability to challenge such actions by submitting evidence to support@themakaiapp.com. We may request additional information to provide to Financial Services Providers to assist you in contesting the charge, but we cannot guarantee that your challenge will be successful. Financial Services Providers may deny your challenge for any reason they deem appropriate. Where a challenge is entirely or partially successful, a Financial Services Provider may credit funds associated with the charge that is the subject of the dispute (or a portion thereof).

Please keep in mind that you are liable for all losses you incur when lost or stolen payment credentials or accounts are used to purchase products or services from you. Makai does not and will not insure you against losses caused by fraud under any circumstances. For example, if someone pretends to be a legitimate Renter but is a fraudster, you 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, Makai is not liable to you, or responsible for your financial losses or any other consequences of such fraud.

No Charge for Listings

Please note that Makai does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Makai reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings, or for other features of the Services. Please note that Makai will provide notice of any such additional fees via the Services, prior to implementing such fees.

Bookings and Financial Terms for Renters

The Owners, not Makai, are solely responsible for honoring any confirmed bookings and making available any Boats reserved through the Services. If you, as a Renter, choose to enter into a transaction with an Owner for the booking of a Boat, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Boat imposed by the Owner. You acknowledge and agree that you, and not Makai, will be responsible for performing the obligations of any such agreements, that Makai is not a party to such agreements, and that, with the exception of its obligations hereunder to pay Boat Fees to the applicable Owner, Makai disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Makai is not a party to the agreement between you and the Owner, Makai acts as the Owner’s limited payment agent for the limited purpose of accepting payments from you on behalf of the Owner. Upon your payment of amounts to Makai which are due to the Owner, your payment obligation to the Owner for such amounts is extinguished, and Makai is responsible for remitting such amounts, less Makai’s Reservation Fees, to the Owner. In the event that Makai does not remit any such amounts to an Owner, such Owner will have recourse for such amounts only against Makai.

Listings for Boats will specify the Total Fees. 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 Makai 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 Makai will be refunded to such Renter, depending on the selections the Renter makes via the Services, and any pre-authorization of such Renter’s credit card will be released, if applicable.

You agree to pay Makai for the Total Fees for any booking requested in connection with your Makai 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 Makai, 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 one dollar ($1) to verify your credit card. Once Makai receives confirmation of your booking from the applicable Owner, Makai will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Makai cannot control any fees that may be charged to a Renter by his or her bank related to Makai’s collection of the Total Fees, and Makai disclaims all liability in this regard.

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 Makai or its third-party payment processor. You agree to pay Makai for any confirmed bookings made in connection with your Makai Account in accordance with these Terms by one of the methods described on the Service – e.g. by Apple Pay, Google Pay, Venmo, 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 Makai or indirectly, via a third-party online payment processor or by one of the payment methods described on the Services. You also authorize Makai to charge your credit card in the event of damage caused on a Boat as contemplated under “Damage to Boats” below and for Security Deposits, if applicable. If you are directed to Makai’s third-party payment processor, you may be subject to terms and conditions governing 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.

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, Makai will first attempt to debit the funds from the provided bank account.  If Makai is unable to debit the funds to the Renter, the Owner is responsible for returning those funds within seven (7) days. Makai may collect all future payouts until the erroneous payment or chargebacks have been resolved.

Payment Processor Terms (Stripe)

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

Security Deposits

Makai includes a security deposit in every Listing (“Security Deposits”). For all Security Deposits included in a Listing for a confirmed booking of a Boat, Makai will, in its capacity as the payment agent 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 Boat. Makai will also use its commercially reasonable efforts to address Owners’ requests and claims related to Security Deposits, but Makai is not responsible for administering or accepting any claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.

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 funds.

Renters are always responsible for having a card on file with sufficient funds available to cover the Security Deposit and any applicable deductible.  Makai 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, Makai reserves the right to charge any/all payment methods in order to secure the necessary funds.

Service Fees

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

The agreed upon Owner payout amount will be remitted by Makai to Owners via direct deposit or other payment methods described on the Services, in U.S. dollars. More information on Services Fees can be found at https://themakaiapp.com/fees. Except as otherwise provided herein, Service Fees are non-refundable.

Captains

MAKAI never approves or endorses any captain. MAKAI requires captains to verify their identity 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 Boat or rental is the sole responsibility of the Boat Owner.

Captains Are Strictly Retained by Boat Owner. Boat Owner 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 Boat Owner and agree that they are not the employee or borrowed servant of MAKAI and will make no claims of any kind against MAKAI on the basis of any alleged employment relationship.

Renter and Boat Owner are solely responsible for obtaining / confirming the proper insurance coverage for any paid operator /Captain hired by the Boat Owner.

General Booking and Financial Terms

Damage to Boats – Boat Rentals

As a Renter, you are responsible for leaving the Boat 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 Boat. In the event that following the conclusion of a rental, a Boat Owner claims that the Boat has been damaged during the rental and provides evidence of damage, including but not limited to, photographs, or other evidence you agree to pay the cost of repairing the damage or replacing the damaged items with equivalent items. 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 Makai Account. Makai also reserves the right to charge the credit card on file in your Makai Account, or otherwise collect payment from you and pursue any avenues available to Makai in this regard, including using Security Deposits, in situations in which you have been determined, in Makai’s sole discretion, to have damaged the Boat, including, but not limited to, in relation to any payment requests made by Boat Owner, and in relation to any payments made by Makai to Boat 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 Boat to the applicable Boat Owner or to Makai (if applicable).

Both Renter and Boat Owner agree to cooperate with and assist Makai in good faith, and to provide Makai with such information and take such actions as may be reasonably requested by Makai, in connection with any complaints or claims made by Members relating to Boats or any personal or other property located at a Boat or with respect to any investigation undertaken by Makai or a representative of Makai regarding use or abuse of the Site, Application or the Services. If you are a Renter, upon Makai’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 Boat Owner, at no cost to you, which process will be conducted by Makai or a third party selected by Makai, with respect to losses for which the Boat Owner is requesting payment from Makai under these terms.  When an insurance claim is filed the Renter’s Security Deposit will be captured and if applicable used to cover the insurance deductible.

Cancellations and Refunds

If, as a Renter, you cancel your requested booking before the requested booking is confirmed by an Owner, Makai 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. If, as a Renter, you wish to cancel a confirmed booking made via the Services, either prior to or after arriving at the Boat, the cancellation policy of the Owner contained in the applicable Listing will apply to such cancellation. Our ability to refund the Boat Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Services.

If an Owner cancels a confirmed booking made via the Services, (i) Makai 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 Makai containing alternative available 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 Makai the Total Fees relating to the confirmed booking for the Boat 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 Makai, please contact our support team via a support ticket.

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 Services 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 the Services or Content;

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

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

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

Use boat ramps 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 our Services, 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 our Services 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;

use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to the rental of boats;

stalk or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Makai Renter or Owner;

offer, as an Owner, any Boats that you do not yourself own or have permission to rent

offer, as an Owner, any Boat that may not be rented pursuant to the terms and conditions of an agreement with a third party;

register for more than one Makai Account or register for a Makai 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 Boats or Listings;

contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Site, Application and Services;

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 Makai, without Makai’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 Services;

use the Services to find an Owner or Renter and then complete a booking of a Boat transaction independent of the Services in order to circumvent the obligation to pay any Service Fees related to Makai’s provision of the Services;

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

post, upload, publish, submit or transmit any Content that, in Makai’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 our Services 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 Services, or any individual element within the Services, Makai’s name, any Makai trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Makai’s express written consent;

access, tamper with, or use non-public areas of the Services, Makai’s computer systems, or the technical delivery systems of Makai’s providers;

attempt to probe, scan, or test the vulnerability of any Makai system or network or breach any security or authentication measures;

avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Makai or any of Makai’s providers or any other third party (including another user) to protect the Services or Collective 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 Services or Collective 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 Services or Collective Content; or

advocate, encourage, or assist any third party in doing any of the foregoing.

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

Privacy

See Makai’s Privacy Policy at https://themakaiapp.com/privacy-policy for information and notices concerning Makai’s collection and use of your personal information.

Ownership

The Services are owned and operated by Makai. Unless otherwise indicated, all content, information, and other materials on the Services (excluding Member Content), including, without limitation, Makai’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 by relevant intellectual property and proprietary rights and laws. All Materials contained on the Services are the property of Makai or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Makai, 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 Services solely for your personal use or business use as identified in these Terms.  Makai can terminate this license at any time, without notice.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Makai or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content, License to Makai

Unless otherwise agreed to in a written agreement between you and Makai that was signed by an authorized representative of Makai, if you submit, transmit, display, perform, post or store Member Content using the Services, you grant Makai and its sublicensees an unrestricted, worldwide, perpetual, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to (a) 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 (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such Member Content.

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 (a) 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 (b) defame any other person; and (3) your Member Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code. Makai reserves all rights and remedies against any Members who breach these representations and warranties.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Makai 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 Makai 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.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Makai used herein are trademarks or registered trademarks of Makai. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback through our support portal via a support ticket. You acknowledge and agree that all Feedback will be the sole and exclusive property of Makai and you assign to Makai 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 Makai’s request and expense, you will execute documents and take such further acts as Makai may reasonably request to assist Makai to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Dispute Policy

Makai respects copyright law and expects its users to do the same.  If you are a copyright owner or agent thereof and believe that content posted on the Makai Services infringes upon your copyright, please submit a notice following our Policy, which include further information about what to include in your notice, and where to submit your notice

Termination and Makai 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 our Services, and (b) deactivate or cancel your Makai 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 Makai terminates these Terms, or your access to our Services or deactivates or cancels your Makai Account you will remain liable for all amounts due hereunder. You may cancel your Makai Account at any time by clicking on the “Delete Account” button in the Account Tab of the Makai App or by contacting us via a support ticket. Please note that if your Makai 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 unless specifically requested via email.

Disclaimers

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MAKAI DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAKAI 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. MAKAI MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY BOATS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MAKAI MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, BOATS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MAKAI OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES 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 OR RENTERS. YOU UNDERSTAND THAT MAKAI DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY BOATS. MAKAI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MAKAI.

YOU AUTHORIZE MAKAI, 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. MAKAI 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.

NOTWITHSTANDING MAKAI’S APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, MAKAI EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.

Limitation of Liability

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 SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY BOATS VIA THE SERVICES, , AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MAKAI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT 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 COLLECTIVE 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 SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY BOAT VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT MAKAI 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.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL MAKAI’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 BOAT VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY BOAT 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 MAKAI 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 MAKAI 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.

Indemnification

You agree to release, defend, indemnify, and hold Makai and its affiliates and subsidiaries, and their 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 Services or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking or use of a Boat, (iii) creation of a Listing or (iv) the use, condition or rental of a Boat 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 rental, booking or use of a Boat.

Export Control and Restricted Countries

By using the Services, you represent and warrant that (i) neither you nor your listed Boat 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. Makai does not permit Listings associated with certain countries due to U.S. embargo restrictions.

Reporting Misconduct

If you interact with another user of the Services 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 (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Makai by contacting us with your police station and report number via a support ticket.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Makai and you regarding the Services, Collective Content, and any bookings or Listings of Boats made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Makai and you regarding the foregoing.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Makai’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, shall be void. Makai may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Makai (i) via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

By using the Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Makai.

You and we agree to submit to a court of competent jurisdiction located in Palm Beach County, West Palm Beach, Florida for any actions arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”).

General

The failure of Makai 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 Makai. 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. If for any reason an arbitrator or 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.

Contacting Makai

If you have any questions about these Terms of Service, please contact Makai Support via a support ticket.