HydroShare Terms of Service
Last updated: December 11, 2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
You agree that by accessing and using the HydroShare Services (described below), including the HydroShare website and any subdomains thereof, and any other websites through which HydroShare makes its services available, you are agreeing to enter into a legally binding contract with HydroShare, LLC operating as d/b/a HydroShare, (hereafter referred to as “HydroShare”, “we”, “us”, or “our”). If you do not agree that these Terms of Service (“Terms”) form a contract with you, or should you not agree to these Terms, do not click “Sign up” or “List Your Watercraft,” 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 Aggregate Content (defined below). These Terms constitute a binding legal agreement between you and HydroShare.
HydroShare provides an online platform that connects Owners who have Watercrafts (as defined below) to rent with Renters seeking to rent such Watercrafts, which platform is accessible at hydroshare.com and any other websites through which HydroShare makes the platform available (collectively, the “Site") with any other websites, applications, features, software or services provided, owned, or operated by HydroShare that link to these Terms are, collectively, the “Services”.
BY AGREEGING TO THESE TERMS, YOU UNDERSTAND AND AGREE THAT HYDROSHARE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS HYDROSHARE A WATERCRAFT BROKER, AGENT OR INSURER. YOU UNDERSTAND AND AGREE THAT HYDROSHARE HAS NO CONTROL OVER THE CONDUCT OF RENTERS, OWNERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY WATERCRAFT, AND THAT HYDROSHARE DISCLAIMS ALL LIABILITY IN THIS REGARD.
When using or opening an account with HydroShare 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.
“Captain-less Watercraft Rental” A rental of a Watercraft supported by a written agreement whereby the Watercraft Owner transfers “the incidents of ownership” including but not limited to full possession, control and use of the Watercraft to Renter and Renter is responsible for all aspects of the Watercraft during the Rental including manning, provisioning and otherwise.
“Content” means text, graphics, images, music, software, audio, video, information and any other content or materials.
“HydroShare Content” means all Content that HydroShare makes available through the Services, including any Content licensed from a third party, but excluding Member Content.
“Aggregate Content” means Member Content and HydroShare Content.
“Listing” means a Watercraft that is listed by an Owner as available for rental via the Services.
“Member” means a person who completes HydroShare'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.
“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.
“Renter” means a Member who requests a booking of a Watercraft via the Services, or a Member who uses a Watercraft and is not the Owner for such Watercraft.
“Reservation Fee Policy” The list of fees associated with transactions that are available via the Services. HydroShare charges a 15% Reservation Fee on all rentals via the Services.
“Time Charter” A rental of a Watercraft supported by a written agreement whereby the Watercraft Owner makes the Watercraft available to the Renter but the Owner remains responsible for all aspects of operating the Watercraft including but not limited to manning and provisioning the Watercraft. An Owner of a Watercraft 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 Watercraft.
“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 Aggregate 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.
“Watercraft(s)” means marine vessels, including but not limited to boats, jet skis, yachts, sailboats, kayaks, canoes, paddleboards, surf boards, and other watercraft.
HydroShare reserves the right, at its sole discretion, to revise the Services or to revise these Terms, including the Service Fees, at any time and without prior notice. If we revise these Terms, we will post the revision(s) on the Services and provide you with notice of the revision(s). 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 revision(s) to these Terms means that you are consenting to the revised Terms. If the revised Terms are not acceptable to you, your only recourse is to cease using the Services.
You agree that you will comply with all written HydroShare rules, agreements, and policies that are made available by HydroShare on the Services and which are incorporated by reference herein.
Minimum Age and Valid ID
The Services are intended solely for persons who are 21 or older. Any access to or use of the Services by anyone who does not have a government-issued ID or is under 21 years of age is expressly prohibited. By accessing or using the Services you represent and warrant that you are 21 or older, and that you have an active and valid government-issued driver’s license or non-driver’s ID.
How the Services Work
The Services can be used to facilitate the listing and booking of Watercrafts. Such Watercrafts 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 Watercraft or create a Listing, you must first register to create a HydroShare Account (defined below). As stated above, HydroShare makes available a platform or marketplace with related technology for Renters and Owners to meet online and arrange for bookings of Watercrafts. HydroShare is not an Owner or operator of Watercrafts, including, but not limited to, powerboats, sailboats, ski boats, yachts, houseboats, kayaks, or other Watercrafts, nor is it a provider of Watercrafts, including, but not limited to, powerboats, sailboats, ski-boats, yachts, houseboats, kayaks, or other Watercrafts, and HydroShare does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Watercrafts, including, but not limited to, powerboats, sailboats, ski boats, yachts, houseboats, kayaks, or other Watercrafts, or transportation or travel services. HydroShare’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 THE SERVICES ARE INTENDED TO BE USED ONLY TO FACILITATE THE BOOKING OF WATERCRAFTS. HYDROSHARE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND/OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY WATERCRAFTS. HYDROSHARE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND WATERCRAFTS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.
In order to access certain features of the Services, and to book a Watercraft or create a Listing, you must register to create an account (“HydroShare 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; each such account, a “Third Party Account”, via our Services. As part of the Services, you may link your HydroShare Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to HydroShare through the Services; or (ii) allowing HydroShare 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 HydroShare and/or grant HydroShare 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 HydroShare to pay any fees or making HydroShare subject to any usage limitations imposed by such third party service providers. By granting HydroShare access to any Third Party Accounts, you understand that HydroShare will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account so that it is available on and through the Services via your HydroShare Account and HydroShare Account profile page. Unless otherwise specified in these Terms, all Third Party Account 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 HydroShare Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or HydroShare’s access to such Third Party Account is terminated by the third party service provider, then Third Party Account Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your HydroShare 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.
HydroShare makes no effort to review any Third Party Account Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and HydroShare is not responsible for any Third Party Account Content.
We will create your HydroShare Account and your HydroShare 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 HydroShare 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. HydroShare reserves the right to suspend or terminate your HydroShare Account and your access to the Services if you create more than one (1) HydroShare 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 HydroShare Account, whether or not you have authorized such activities or actions. You will immediately notify HydroShare of any unauthorized use of your HydroShare Account.
Unless expressly permitted in writing by HydroShare, you may not sell, rent, or lease your HydroShare Account to anyone else.
As a Member, you may create Listings. You will be asked a variety of questions about the Watercraft to be listed, including, but not limited to, the watercraft type, location, size, features, availability of the Watercraft, 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 Watercraft via the Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Watercraft, the price for such booking may not be altered without contacting us at firstname.lastname@example.org.
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 Watercraft 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 Watercraft 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 Watercrafts and (b) not conflict with the rights of third parties. Please note that HydroShare assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations. HydroShare 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 HydroShare, 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 HydroShare does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your Watercraft and uses your Watercraft, any agreement you enter into with such Renter is between you and the Renter and HydroShare is not a party thereto. Notwithstanding the foregoing, HydroShare 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 Watercraft, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Watercraft. Any Member wishing to book Watercrafts included in Listings with such requirements must meet these requirements; however, as noted below, HydroShare does not attempt to confirm or verify such information.
If you are an Owner, HydroShare makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking your Watercraft. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.
HydroShare does not endorse any Members or Watercrafts. 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 HydroShare 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 HydroShare 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 HydroShare regarding the remittance of payments received from a Renter by HydroShare 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 Watercraft 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 HydroShare 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 HydroShare 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 Watercraft within such 24-hour period, any amounts collected by HydroShare 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, HydroShare 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 HydroShare the Total Fees relating to the confirmed booking for the Watercraft in the alternative listing, in accordance with these Terms.
The fees displayed in each Listing are comprised of the Watercraft Fees and the Reservation Fees. Where applicable, Taxes may be charged in addition to the Reservation Fees and Watercraft Fees. The Watercraft Fees, the Reservation Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Renter solely relating to an Owner’s Watercraft which are actually collected by HydroShare are the Watercraft Fees. Please note that it is the Owner, and not HydroShare which determines the Watercraft Fees. The Watercraft Fees may include cleaning fees and / or pre-paid fuel charges, at the Owner’s discretion.
The Renter is liable for all fuel expenses during the term of a Captain-less Watercraft Rental. To the extent that an Owner seeks reimbursement for fuel expenses incurred by the Renter directly from the Renter, a receipt must be presented. Without a receipt the Owner will be unable to obtain reimbursement. This is true if the reimbursement is processed through HydroShare or directly between the Renter and Owner. Following presentation of the receipt HydroShare may first attempt to collect from the deposit or may charge the Renter’s card if the deposit is no longer on file.
HydroShare charges a fee to Renters based upon a percentage of the Watercraft Fees; this charge is referred to as the “Reservation Fees.” The Reservation Fee is added to the Watercraft Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. HydroShare 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 Watercraft Fees (less HydroShare’s Transaction Fees to the Owner two business days later provided HydroShare has the accurate account information.
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), HydroShare may accept and process charges for damages, late fees, or fuel on behalf of that Renter. If an Owner does not respond, HydroShare may process refunds or cancellations on behalf of that Owner.
You also agree that if HydroShare 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 HydroShare 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 HydroShare
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 HydroShare may charge you a fee up to $1,000 per booking, in addition to the Service Fees otherwise owed to HydroShare. HydroShare may collect the fee from future bookings or otherwise.
Minimum Age to Rent
The minimum age to rent a Watercraft is 18.
It is the Renter’s responsibility to review the Owner’s insurance policy (if applicable) carefully, and become familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of, or relating to Renters or any hired Captains (and the individuals the Renter invites to the rental, if applicable) while on the Watercraft.
Appointment of HydroShare as Limited Payment Agent for Owner
Each Owner hereby appoints HydroShare 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 Watercraft Fees made by a Renter to HydroShare shall be considered the same as a payment made directly to the Owner and the Owner will make the Watercraft available to Renter in the agreed upon manner as if the Owner has received the Watercraft Fees. Each Owner agrees that HydroShare 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 Watercraft Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized payment agent of the Owner, HydroShare 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 HydroShare 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 email@example.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. HydroShare 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, HydroShare 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 HydroShare does not currently charge fees for the creation of Listings. However, you acknowledge and agree that HydroShare 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 HydroShare 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 HydroShare, are solely responsible for honoring any confirmed bookings and making available any Watercrafts reserved through the Services. If you, as a Renter, choose to enter into a transaction with an Owner for the booking of a Watercraft, 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 Watercraft imposed by the Owner. You acknowledge and agree that you, and not HydroShare, will be responsible for performing the obligations of any such agreements, that HydroShare is not a party to such agreements, and that, with the exception of its obligations hereunder to pay Watercraft Fees to the applicable Owner, HydroShare disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that HydroShare is not a party to the agreement between you and the Owner, HydroShare 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 HydroShare which are due to the Owner, your payment obligation to the Owner for such amounts is extinguished, and HydroShare is responsible for remitting such amounts, less HydroShare’s Reservation Fees, to the Owner. In the event that HydroShare does not remit any such amounts to an Owner, such Owner will have recourse for such amounts only against HydroShare.
Listings for Watercrafts 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 HydroShare 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 HydroShare 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 HydroShare for the Total Fees for any booking requested in connection with your HydroShare Account if such requested bookings are confirmed by the applicable Owner. Once HydroShare receives confirmation of your booking from the applicable Owner, HydroShare will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that HydroShare cannot control any fees that may be charged to a Renter by his or her bank related to HydroShare's collection of the Total Fees, and HydroShare disclaims all liability in this regard.
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, HydroShare will first attempt to debit the funds from the provided bank account. If HydroShare is unable to debit the funds to the Renter, the Owner is responsible for returning those funds within seven (7) days. HydroShare may collect all future payouts until the erroneous payment or chargebacks have been resolved.
Payment Processor Terms (PayPal)
Payment processing services on HydroShare are provided by PayPal and are subject to the PayPal Connected Account Agreement, which includes the PayPal Terms of Service (collectively, the “PayPal Services Agreement”). You agree to be bound by the PayPal Services Agreement. You also authorize HydroShare to share with PayPal transaction information related to your use of the payment processing services provided by PayPal.
In consideration for providing the Services, HydroShare collects a Reservation Fee from Renters. HydroShare’s Reservation Fee is based upon a percentage of the amount of the Total Watercraft Fees. Where applicable, Taxes may also be charged. Reservation Fees are, as noted above, included in the Total Watercraft Fees.
The agreed upon Owner payout amount will be remitted by HydroShare to Owners via direct deposit, in U.S. dollars. Except as otherwise provided herein, Reservation Fees are non-refundable.
Captain-less Watercraft Rentals: Where a Renter elects to hire a captain to meet the minimum manning requirements for a Watercraft during a Captain-less Watercraft Rental, the following applies:
- Renter is free to select any captain who meets the minimum manning qualifications established by the Owner for the rental.
- Boat Captain Service Agreement. The hiring of a captain by a Renter is subject to the terms and conditions of the Boat Captain Service Agreement between the Renter and the Renter’s chosen captain.
- No Endorsement. HYDROSHARE never approves or endorses any captain. Ensuring that a captain is currently credentialed and properly qualified for a particular Watercraft or rental is the sole responsibility of the Renter.
- Captains Are Strictly Retained by Renter. Renter agrees that it alone will be the employer of any captain selected and / or hired by Renter and that said captain will be so notified by Renter and agree that they are not the employee or borrowed servant of the Owner or HYDROSHARE and will make no claims of any kind against Owner or HYDROSHARE on the basis of any alleged employment relationship
- Renter is solely responsible for obtaining / confirming the proper insurance coverage for any paid operator /Captain hired by the Renter.
- Captain’s Fee. Renters are responsible for payment of any captain’s fee associated with the manning of any Captain-less Watercraft Rental through the Services.
Damage to Watercrafts - Captain-less Watercraft Rentals
As a Renter, you are responsible for leaving the Watercraft 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 Watercraft. In the event that following the conclusion of a rental, a Watercraft Owner claims that the Watercraft has been damaged during the rental and provides evidence of damage, including but not limited to, photographs, or other evidence, you may be asked by the Owner to pay the cost of repairing the damage or replacing the damaged items with equivalent items. HydroShare will not be involved with any such damage claims or the exchange of any money as a result of damage claims.
Cancellations and Refunds
If, as a Renter, you cancel your requested booking before the requested booking is confirmed by an Owner, HydroShare 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 Watercraft, the cancellation policy of the Owner contained in the applicable Listing will apply to such cancellation. Our ability to refund the Watercraft 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) HydroShare 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 HydroShare 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 HydroShare the Total Fees relating to the confirmed booking for the Watercraft 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 HydroShare, please contact our support team at firstname.lastname@example.org.
IRS regulation, regarding federal tax reporting requirements, stipulates that HydroShare must collect IRS Form W-9 from all Owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. HydroShare cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from an Owner, HydroShare may issue a valid VAT invoice to such Owner.
Depending on your account status, forms submitted to HydroShare, and other factors, you may receive a Tax form from HydroShare. As always, we encourage you to consult a tax professional for assistance reporting your income. HydroShare expects to issue Tax forms as follows::
1099 K Requirements - The Internal Revenue Service (IRS) requires that all US companies operating as a third party settlement organization (TPSO) report any information concerning third network transactions of any participating payee only if, for the calendar year:
- The gross amount of total reportable payment transactions exceeds $20,000, AND
- The total number of such transactions exceeds 200.
If a business makes payments via a third party settlement organization as well as cash or check to the same independent contractor, the TPSO will be required to report the amount of reportable transactions that exceed the de minimis thresholds on Form 1099-K. If you cross both IRS thresholds in a calendar year, HydroShare will provide you with a Form 1099-K.
Keep in mind that HydroShare cannot and does not offer tax-related advice to any members on the site. Additionally, please note that each Owner is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in listings. You can read more on taxes by clicking on the link to the IRS page that better explains the Sharing Economy Tax.
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 HydroShare endorses you, is a partner, or otherwise misleads others as to your affiliation with HydroShare;
- 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 HydroShare Renter or Owner;
- offer, as an Owner, any Watercrafts that you do not yourself own or have permission to rent
- offer, as an Owner, any Watercraft that may not be rented pursuant to the terms and conditions of an agreement with a third party;
- register for more than one HydroShare Account or register for a HydroShare 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 Watercrafts 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 HydroShare, without HydroShare’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 Watercraft transaction independent of the Services in order to circumvent the obligation to pay any Service Fees related to HydroShare’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 HydroShare’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, HydroShare’s name, any HydroShare trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without HydroShare’s express written consent;
- access, tamper with, or use non-public areas of the Services, HydroShare’s computer systems, or the technical delivery systems of HydroShare’s providers;
- attempt to probe, scan, or test the vulnerability of any HydroShare system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by HydroShare or any of HydroShare’s providers or any other third party (including another user) to protect the Services or Aggregate 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 Aggregate 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 Aggregate Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
HydroShare will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. HydroShare may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that HydroShare has no obligation to monitor your access to or use of the Services or Aggregate 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. HydroShare reserves the right, at any time and without prior notice, to remove or disable access to any Aggregate Content that HydroShare, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
The Services are owned and operated by HydroShare. Unless otherwise indicated, all content, information, and other materials on the Services (excluding Member Content), including, without limitation, HydroShare’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 HydroShare or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by HydroShare, 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. HydroShare 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 HydroShare or its licensors, except for the licenses and rights expressly granted in these Terms.
Member Content, License to HydroShare
Unless otherwise agreed to in a written agreement between you and HydroShare that was signed by an authorized representative of HydroShare, if you submit, transmit, display, perform, post or store Member Content using the Services, you grant HydroShare and its sublicensees an unrestricted, worldwide, perpetual, irrevocable, fully sub-licenseable, 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. HydroShare reserves all rights and remedies against any Members who breach these representations and warranties.
The Services may contain links to third-party websites or resources. You acknowledge and agree that HydroShare 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 HydroShare 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 HydroShare used herein are trademarks or registered trademarks of HydroShare. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback via our feedback form at https://hydroshare.com/en/user_feedbacks/new. You acknowledge and agree that all Feedback will be the sole and exclusive property of HydroShare and you assign to HydroShare 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 HydroShare's request and expense, you will execute documents and take such further acts as HydroShare may reasonably request to assist HydroShare to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Copyright Dispute Policy
HydroShare 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 HydroShare Services infringes upon your copyright, please submit a notice to us at email@example.com, and be sure to include further information about what to include in your notice, and where to submit your notice
Termination and HydroShare 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 HydroShare 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 HydroShare terminates these Terms, or your access to our Services or deactivates or cancels your HydroShare Account you will remain liable for all amounts due hereunder. You may cancel your HydroShare Account at any time by contacting us via our Feedback Form at https://hydroshare.com/en/user_feedbacks/new and be sure to include your full name. Please note that if your HydroShare 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.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT HYDROSHARE 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, AGGREGATE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HYDROSHARE 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. HYDROSHARE MAKES NO WARRANTY THAT THE SERVICES, AGGREGATE 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. HYDROSHARE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, BOATS, THE SERVICES OR AGGREGATE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY AGGREGATE CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HYDROSHARE OR THROUGH THE SERVICES OR AGGREGATE 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 HYDROSHARE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY BOATS. HYDROSHARE 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 HYDROSHARE.
YOU AUTHORIZE HYDROSHARE, 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. HYDROSHARE 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 HYDROSHARE’S APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, HYDROSHARE 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 AGGREGATE 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 HYDROSHARE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, AGGREGATE 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 AGGREGATE 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 HYDROSHARE 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 HYDROSHARE'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 AGGREGATE 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 HYDROSHARE 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 HYDROSHARE 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.
You agree to release, defend, indemnify, and hold HydroShare 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 Aggregate Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking or use of a Watercraft, (iii) creation of a Listing or (iv) the use, condition or rental of a Watercraft 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 Watercraft.
Export Control and Restricted Countries
By using the Services, you represent and warrant that (i) neither you nor your listed Watercraft is located outside the U.S. 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 design, development, manufacture or production of missiles, or biological, chemical or nuclear weapons.
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 HydroShare by contacting us at firstname.lastname@example.org. Be sure to include information on the police station you reported it to, and any associated police-report number.
These Terms constitute the entire and exclusive understanding and agreement between HydroShare and you regarding the Services, Aggregate Content, and any bookings or Listings of Watercrafts made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HydroShare and you regarding the foregoing.
You may not assign or transfer these Terms, by operation of law or otherwise, without HydroShare's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, shall be void. HydroShare 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.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by HydroShare (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 Delaware, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and HydroShare.
You and HydroShare agree that any dispute, claim or controversy 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”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND HYDROSHARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and HYDROSHARE otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. With the exception of claims under $15,000 in value, any arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution" section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
You agree that any dispute, claim, or controversy under $15,000 in value arising out of or relating to these Terms, whether between you and HydroShare or between you and other users, or the existence, breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration administered by Fairclaims (www.FairClaims.com) and not in a court of law, in accordance with FairClaims’ procedures effective at the time a claim is made. You further agree that judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and HydroShare otherwise agree, the arbitration will be conducted in Fort Lauderdale, Florida, USA. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. HydroShare will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Claims. YOU AGREE THAT ANY DISPUTES ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES. OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED.
Changes. Notwithstanding the provisions of the Modification section above, if HydroShare changes this Dispute Resolution section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice at email@example.com within 30 days of the date such change became effective, as indicated in the Last Updated Date above or in the date of HydroShare’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and HydroShare in accordance with the provisions of this Dispute Resolution section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of HydroShare 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 HydroShare. 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.
If you have any questions about these Terms of Service, please contact HydroShare at firstname.lastname@example.org.