Last Modified: July 2022
Summary of Terms of Service.
This is a summary of our Terms of Service; please read the entire Terms of Service below.
These Terms of Service apply to www.smartercharters.com and its affiliated subdomains (the “Site”) and our various websites, APIs, email notifications, documentation, software, products, licenses or applications (collectively, the “Service”) that is owned and operated by Smarter Charters, LLC, a North Carolina limited liability company (“we”, “our”, or “us”). The Service allows you to list and book charter boats through an online platform. The Service provides a platform for the charter boating industry in the United States and other countries. Smarter Charters does not provide any equipment as part of the Service. Users may be (a) an indirect customer, a person who books a charter boat through a website that has our Service embedded into the web page (“Customer”), (b) a direct customer, including independent charter boat owners, marinas, and tackle shops, who acts as booking agents and concierges for different charter boats, including their boat captains (“Account Holder”) or (c) or a visitor to our Site and/or Services (collectively, “you”).
These Terms apply to your use of the Service, whether you’re a guest or a registered user. Please read the full Terms of Service below before accessing or browsing the Site or using our Services. If you don’t want to be bound by these Terms, do not use or browse our Site and/or Service. These Terms may change and your continued use after changes are made means you agree to be bound by the new terms.
You may need to create a user account to access parts of the Service. Your user account includes a password. Keep your password confidential. In some cases, you may choose to allow a trusted individual, such as a caretaker, parent, or adult child to access your account. You are still responsible for all use – and for any misuse – of your account.
Paid subscriptions remain in effect as long as the required payments are made on time and in full. Certain fees will not be refunded, pursuant to Account Holder’s policies. We may, but are not obligated to, cancel inactive, or unpaid subscriptions.
Don’t violate our Terms of Service. Users who violate our Terms may be banned from using the Service. The Service contains proprietary and confidential information that is protected by a variety of copyright, trademark, or patent rights and/or registrations.
Your use of the Site and Services is at your own risk. We make every effort to make sure you have a good experience on our Service, but we can’t guarantee all content on our Service will always function without error. We make every effort to comply with local, state, and national laws and regulations, including applicable privacy laws. However, we can’t guarantee that your use of our Service complies with local, state, and national laws and regulations.
The Service may contain links and advertisements that may take you to other Services that are not affiliated with us. If you click on an advertisement or a link to another Service, you may leave the Service. We are not responsible for the content you see or the interactions you have on other Services and we are not liable for any damages or harms you may encounter on other Services.
If you have any questions about our Terms, contact us at email@example.com
THE FULL TERMS OF SERVICE – BELOW – CONTAIN VITALLY IMPORTANT LIMITATIONS ON OUR LIABILITY FOR YOUR USE OF SMARTERCHARTERS.COM. PLEASE READ THEM CAREFULLY!
These Terms of Service are entered into by and between You and Smarter Charters, LLC (“Smarter Charters” or “Company”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service” or “Agreement”), govern your access to and use of the Service, including any related mobile application, content, functionality, and services, including compilation of utility records offered on or through smartercharters.com or its related mobile application, whether as a guest or a registered user.
If you access or use the Services (defined below) in the capacity as an employee or other service provider of a legally recognized entity, you affirm you are authorized to do so and that you have the legal right and authority to bind such legal entity to these Terms. You may permit your employees, agents, or contractors (“Authorized Users”) to use the Services, provided that your Authorized Users comply with these Terms. You are responsible for the use and actions of your Authorized Users.
Please read the Terms of Service carefully before you start to use the Service. By (i) accessing, browsing, subscribing to, and using the Service; or (ii) by using the associated content, and any customizations made to the Services provided or offered by Company via the Service (collectively, the “Services”), you acknowledge that you have read, have understood, and you accept and agree to be bound by this Agreement, to abide by these Terms of Service, and to comply with all applicable laws and regulations. Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not agree to these terms, you must not access or use the Service or any of the Services.
IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE NOW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SERVICE, OR ANY SUBSCRIPTION, PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE, IS TO STOP USING THE SERVICE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SERVICE.
The date the Terms of Service was last revised is identified at the top of the page. If we make subsequent material changes to the Terms of Service, we will notify you by email to the email address specified in your account and/or through a notice on the Service home page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Service and these Terms of Service to check for any changes. Smarter Charters reserves the right to update or change the Terms of Service, at any time and for any reason, by posting the modified Terms of Service on this Service.
Permitted Uses and Restrictions on Use. The Service provides a convenient and easy way for you to list and charter a boat. Smarter Charters is in no way responsible for the accuracy or the adequacy of reviewed information. The booking of a charter boat is not confirmed until an Account Holder sends an SMS or email noting “confirmed.”
You acknowledge that you are responsible for taking steps to protect yourself from unauthorized use of online communications, such as, among other things, keeping your password confidential. You agree, understand and acknowledge that, in no event, shall you allow any unauthorized users to access the Service using your username and password. Smarter Charters is not responsible for breaches of confidentiality caused by you or anyone accessing the Service using your username and password, whether authorized by you or not.
Conduct. You agree to not use the Service to: (a) transmit any content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, any Smarter Charters representative, or misrepresent your affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Service; (e) upload or otherwise transmit any content that you do not have a right to transmit under any law or under contractual relationships (such as inside information and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload or otherwise transmit any content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (h) upload or otherwise transmit 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; (i) interfere with or disrupt the Services or servers or networks connected to Service; or (j) incite or provide instructional information about illegal activities.
Subscription. Smarter Charters offers certain services, including services through the Service which you can purchase on a subscription basis (“Subscription”). If you purchase a Subscription you may be asked to agree to a separate agreement that incorporates these Terms of Service. There are two different types of accounts for Account Holders:
Boat accounts are held by an independent boat owner or a boat captain.
Marina accounts are held by a marina, tackle shop, etc. who manages bookings for more than one boat.
You represent and warrant to Smarter Charters that such payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
Payment Configurations. Smarter Charters offers two payment configurations for Account Holders:
Auto-Payments: This is the default payment configuration. With this configuration, Smarter Charter’s name will be displayed on the Customer’s credit card statement. Smarter Charters holds all money in a Stripe account, and directs the money to the Account Holder, at most forty-eight (48) hours after the charter has been completed. In the United States, Smarter Charters has the right to hold money in a Stripe holding account for up to two (2) years before it must be paid out. If a refund is necessary, the Stripe Fee and Platform Fee are refundable.
Manual Payments: In order for this payment configuration to be implemented, Account Holder must make a written request to Smarter Charters. With this configuration, Account Holder’s name will be displayed on the Customer’s credit card statement. Smarter Charters will not hold money in a Stripe account. Instead, Account Holders are sent money directly to their bank account and are responsible for making their own payouts. Account Holders are responsible for issuing refunds, including the Stripe Fee. Smarter Charters reserves the right to require Account Holders to maintain a fixed amount of money into Smarter Charters’ Stripe account as a type of reserve.
Cancellations. Cancellations are handled solely between Customers and Account Holders. Smarter Charters is not responsible for the issuance of refunds. Cancellations are subject to the terms on the payment collection webpage hosted by Account Holders. Your deposit to book a charter boat may be refunded pursuant to Account Holder’s policies; provided, however, that certain fees, including the Platform Fee and Stripe Fee, are non-refundable.
Registration Data and Privacy. In order to access some of the offerings available through our Services, you may be required to register for a separate account by completing our online registration form, which requests certain information and data (“Registration Data”). You are responsible for maintaining and updating your Registration Data. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for logging out of the Services at the end of each session.
Communication. You agree that the Company may contact you by electronic communication, including telephone or SMS text messages (including by an automatic telephone dialing system) at any of the email addresses or phone numbers provided by you or on your behalf in connection with your account or use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services. You also understand that you may opt out of receiving emails or text messages from us at any time either by texting the word “STOP” to any text message using the mobile device that is receiving the messages, by following the directions to opt-out at the bottom of the email and using the unsubscribe link contained in the email, or by contacting us at firstname.lastname@example.org.
Links. The Service, from time to time, may provide links to other Services or resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those Services or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access of use for such Services. You acknowledge any of the third-party Services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions and agree that Smarter Charters is not responsible for the availability of such external Services or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Services or resources. You further acknowledge and agree that Smarter Charters shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Service or resource.
Modifications to the Service or Agreements. Smarter Charters reserves the right, at any time, and from time to time, to modify or to discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that Smarter Charters shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. From time to time, we may restrict access to some parts of the Services, to users, including registered users. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Smarter Charters may specify from time to time the version(s) of web browsers required in order to use the Service, and you acknowledge that Smarter Charters is not obligated to support all web browsers and Smarter Charters is not obligated to continue support of any web browsers it supported at an earlier time.
Termination. You acknowledge and agree that Smarter Charters may, in our sole discretion, suspend or terminate your account and/or deny you access to or use of all or part of the Service, without prior notice, for any reason, including, without limitation, if you engage in any conduct that Smarter Charters believes, in its sole discretion: (a) violates any term or provision of this Terms of Service; (b) violates the rights of Smarter Charters or our partners; or (c) is otherwise inappropriate for continued access and use of the Service. In addition, Smarter Charters reserves the right to terminate inactive membership accounts. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Service immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Further, you agree that Smarter Charters shall not be liable to you or any third party for any termination of your access to the Service. You agree to defend, indemnify, and hold Smarter Charters harmless from and against any and all claims, losses, liability costs, and expenses (including but not limited to attorneys’ fees) arising from your violation of this Terms of Service, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary rights, and invasion of any privacy rights. You acknowledge that this obligation will survive the termination of your use of the Service.
Smarter Charters Proprietary Rights. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information that may have been presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
No Resale, etc. of the Service. You agree not to copy, sell, resell, rent, or sublicense (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Service, allow unauthorized use or access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us or Account Holders for use in accessing the Service.
Customers. If you access Smarter Charters’ Services through Account Holder’s site, you agree that: YOU SHALL DEFEND, INDEMNIFY, AND HOLD COMPANY AND COMPANY’S MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND THEIR SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DAMAGES, AND LIABILITIES TO THE EXTENT ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SOFTWARE.
Account Holders. If you sign up with Smarter Charters to provide Services to Customers, you agree that: YOU SHALL DEFEND, INDEMNIFY, AND HOLD COMPANY AND COMPANY’S MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND THEIR SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DAMAGES, AND LIABILITIES TO THE EXTENT ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SOFTWARE.
Your Representations and Warranties. You represent that, to the best of your knowledge and belief, your use of the Service does not directly or indirectly infringe the legal rights of a third party, and you are authorized to use the Service. You further represent and warrant that all information provided by you in connection with your registration is accurate and reliable.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a) YOUR USE OF SERVICE IS AT YOUR SOLE RISK. SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMARTER CHARTERS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. b) SMARTER CHARTERS AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) SERVICE WILL MEET YOUR REQUIREMENTS; (ii) SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SERVICE WILL MEET YOUR EXPECTATIONS. SMARTER CHARTERS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. SMARTER CHARTERS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”) AND AS MODIFIED AND AMENDED, THE GRAMM-LEACH-BLILEY ACT OF 1999 AND AS MODIFIED AND AMENDED, THE SARBANES-OXLEY ACT OF 2002 AND AS MODIFIED AND AMENDED, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF SERVICE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. SMARTER CHARTERS IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED IN SERVICE. SMARTER CHARTERS DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMARTER CHARTERS OR THROUGH OR FROM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMARTER CHARTERS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SMARTER CHARTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU ALSO AGREE THAT SMARTER CHARTERS WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THIS SERVICE OR THE SERVICE(S) YOU ACCESS THROUGH THE SERVICE, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND SMARTER CHARTERS’S REASONABLE CONTROL.
IN NO EVENT SHALL SMARTER CHARTERS BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
General Information. The Terms of Service constitutes the entire agreement between you and Smarter Charters and governs your use of the Service, superseding any prior agreements between you and Smarter Charters (including, but not limited to, any prior versions of the Terms of Service) with respect to its subject matter. You acknowledge you may be subject to additional terms and conditions that may apply when you use affiliate or other Smarter Charters services, third party content, or third party software. Except as otherwise provided herein, the Terms of Service shall be governed by the laws of the state of Delaware without regard to its conflict of law provisions. Except as otherwise provided in the Terms of Service, you and Smarter Charters agree to submit to the personal and exclusive jurisdiction of the courts located within Dare County, North Carolina. The Terms of Service does not limit any rights that Smarter Charters may have under trade secret, copyright, patent, trademark, or other laws. The failure of Smarter Charters to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within sixty (60) calendar days (or the minimum amount of time allowed by law if such time is greater than sixty (60) calendar days) after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service will inure to the benefit of Smarter Charters and its successors and assigns.
© 2022 Smarter Charters, LLC All rights reserved. No portion of this Service may be copied, retransmitted, reposted, duplicated or otherwise used without the express written permission of Smarter Charters.