Version Date: December 1, 2017 

 

Your use or access of any part of this website signifies your acceptance of these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY

 

AGREEMENT TO TERMS 

By accessing or using the website, mobile application, or referral services provided through UNIQ.LA, You affirm that You have read, understood, and agree to be bound by this Agreement and to the collection and use of Your information as set forth in the UNIQ.LA Privacy Policy, whether or not You are a registered User of our Service. 

You are further agreeing to be bound by each of this Agreement’s terms and conditions, and by all related agreements, policies and rules described herein and incorporated by reference. 

If You do not agree to be bound by all the terms of this Agreement, You are not authorized to access the services provided by UNIQ.LA. 

These Terms of Use constitute a legally binding agreement made between You, whether personally, or on behalf of an entity (“user” or “you”), and UNIQ.LA (“we” or “us” or “our”), concerning your access to and use of the services or referrals available through the UNIQ.LA website, as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the “Site”). The Site provides rental and charter information, reservation resources, as well as related documents and forms to facilitate locating and reserving recreational boating and other modes of transportation and/or arranging accommodations through 3rd parties (the “Services”). 

Supplemental terms and conditions or documents that may be posted on the Site from time to time, which will become effective on the date set forth in the posting, are hereby expressly incorporated herein by reference.

You agree that by using the Site and/or the Services, you have read, understood and agree to be bound by all Supplemental Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND THE SERVICES OFFERED OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

 

This Agreement describes the terms and conditions that govern Your use of and participation in the Services offered by or made available through UNIQ.LA (as defined below). It contains important information regarding Your legal rights, remedies and responsibilities. The Services include the UNIQ.LA web site, web widgets, feeds, mobile device software applications (the “UNIQ.LA Software”), applications for third-party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by UNIQ.LA (collectively the “Service(s)”), if any, and as such applications are developed and made available. 

The Site is intended for users who are at least 18 years old. Use by persons under the age of 18 is strictly prohibited. 

 

DISCLAIMER: SCOPE OF SERVICES 

The Service is as an advertising platform that can be used to facilitate the listing and booking of Boats for Rental or Bareboat Charter, and/or to arrange for other transportation, recreational and accommodations or amenities where available. Please note, UNIQ.LA does not ITSELF offer, perform or participate in all boat charters or rental Services, except where UNIQ.LA contracts directly with You to do so. Instead, in addition to direct charter and rental of recreational and transportation vessels and related services, UNIQ.LA also offers a service that allows transportation and recreational service providers and hotel proprietors to connect with those interested in transportation, recreational or hotel and other accommodations to be made available to You through UNIQ.LA Services, for You to connect, arrange, and perform transactions directly between each other. 

While it is UNIQ.LA’s intention to facilitate successful transactions and assist with the resolution of any related disputes, UNIQ.LA does NOT guarantee the quality, safety, truth, accuracy or adequacy of the Provider(s), representations, insurance coverage, services, or of any transactions made available through the Service. UNIQ.LA is NOT the owner, operator, broker, manager, repairer, insurer, renter, or licensor of any of the Boats, vessels, vehicles, or other means of transportation or accommodation other than those specifically identified as such in the final written Agreement. Nor does UNIQ.LA possesses any legal interest in any of the Boats vessels, vehicles or other means of transportation, or accommodations listed on the Service other than those specifically identified as such in the listing and in the final written Agreement. 

Unless otherwise stated, UNIQ.LA’s responsibilities are strictly limited to: (i) facilitating access to, confirming the availability of the reservations for the Services requested, and (ii) serving in the limited capacity as pay agent of each Owner and 3rd Party Affiliate for the purpose of accepting payments from Renter on behalf of the Owner and Affiliate. UNIQ.LA therefore specifically disclaims any liability for any and all injury, damages, or losses of any kind whatsoever, which may arise out of the use of the Service. The Charter Partner, Owner, or Third Party Service Provider who contracts with the Renter are each hereby required to acknowledge that they are solely responsible for resolving any claims of injury, property damage, loss of property, consequential and non-consequential damages arising from its provision of Services to the Renter and agree to indemnify UNIQ.LA as part of these Terms of Use. 

 

USER REPRESENTATIONS 

 

3. ELIGIBILITY REQUIREMENTS.

This Service is intended solely for persons who are eighteen (18) years or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. By accessing the Service You represent that You are at least 18 years old or older. 

The Service is not available to any Users previously removed from the Service by UNIQ.LA, unless UNIQ.LA has given You written notice of reinstatement. All Users must provide all documentation and information requested by UNIQ.LA throughout their use of the Service. 

You acknowledge and agree that the eligibility requirements may change at any time and for any reason, notice of which shall be posted on the Site, which shall be effective as of the date and time of posing. Your continued use of the Site after posting shall constitute acceptance of any change in the eligibility requirements or other terms and conditions, further notice of which is waived by Your continued use after posting. 

To access the Services, you must first register with the Site. By registering with the Site, you represent and warrant that: (1) all registration information You submit will be true, accurate, current and complete; (2) You will maintain the accuracy of such information and promptly update such registration information to keep it true, accurate, current and complete; (3) you will keep Your password confidential and will be responsible for all use of your password and account; (4) You are not under the age of 18, or a minor in the jurisdiction in which You reside; (5) You have the legal capacity and You agree to comply with these Terms of Use; (6) You will not access the Site through automated or non-human means, whether through a robot, script or otherwise; (7) You will not use the Site or the Services for any illegal or unauthorized purpose; and (8) Your use of the Site or the Services does not violate any applicable law or regulation in the United States. 

If You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

 

4. UNIQ.LA USER ACCOUNTS AND USER PROFILES

No matter whether You are an Owner or Proprietor seeking to list Your Boat, vessel, vehicle, aircraft or other means of transportation or accommodations for

rental or Charter, or a Renter seeking to Charter a Listed Boat, or to find other means of recreational or business transportation or accommodations, or are interested in offering Your Services on UNIQ.LA, You will need to apply for a user account (“User Account”) with UNIQ.LA 

a. User Accounts. 

By applying for a User Account, You give UNIQ.LA permission to disclose the information You provide in Your Application, User Profile and/or User Account to third parties as necessary for verification purposes, and to obtain additional information about You. In addition, by applying for a User Account, You represent that any information provided by You is true, accurate, current and complete, and that You meet the Eligibility Requirements which are applicable to Your User Account. 

UNIQ.LA may accept or reject User Account applications in UNIQ.LA’s sole discretion for any reason. If You are accepted for a User Account, You acknowledge and agree to abide by the Eligibility Requirements which are applicable to Your User Account and other Terms of Use, as they exist, or as they may be amended pursuant to the Terms of Use effective on each date that You utilize Your User Account. 

Your User Account gives You access to the Service and functionality that UNIQ.LA may establish and maintain from time to time, or discontinue any such Service in its sole discretion, by posting notice on the Site. 

Your User Account is for Your personal use only. You may not create a User Account on behalf of a business entity unless the Boat, vessel or other form of transportation or accommodation is owned by a business entity. If the Boat or other mode of transportation or accommodation is owned by a business entity You warrant and represent to UNIQ.LA (i) that You have authority to hire the Boat or other mode of transportation or accommodation on behalf of the entity, (ii) that the business entity specifically authorizes the Boat or other mode of transportation or accommodation to be chartered, leased, rented or let, (iii) that said entity is active, in good standing and authorized to do business in the jurisdiction in which the Boat is to be chartered. (iv) that said entity currently maintains the levels of property and general liability insurance disclosed in the User Application, Profile and Account and (v.) that said Boat or other mode of transportation or accommodation is in compliance with all applicable licensing, safety, health, governmental and other industry regulations and is otherwise in good, safe, habitable, well maintained condition that meets or exceeds industry standards. 

You may not use another User’s Account, permit anyone else to use Your User Account, or assign or otherwise transfer Your User Account to any other person or entity. When applying for a User Account, You must provide accurate and complete information, and keep such information updated and accurate throughout the term of this Agreement. You are solely responsible for the activity that occurs on Your account and You must keep Your User Account password secure. You must notify UNIQ.LA immediately of any breach of security or unauthorized use of Your User Account. 

You agree that UNIQ.LA will not assume any liability for any losses caused by any unauthorized use of Your User Account. You agree that You will not disclose Your password to any third party and that You will take sole responsibility, defend, indemnify and hold harmless UNIQ.LA for any activities or actions under Your User Account, to the fullest extent authorized by law, whether or not You have authorized such activities or actions. 

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

b. Access to Service via Third Party Accounts (“TPA”). 

Presently UNIQ.LA does not offer access to Services via Third Party Accounts. We will update the terms of use when such access becomes available. 

c. Terms Applicable to Charter Partners, Owners and Affiliate Service Providers 

Charter Partners, Owners and Affiliate Service Providers (“Providers”) agree that they shall be solely liable for and will take sole responsibility to, defend, indemnify and hold harmless UNIQ.LA to the fullest extent authorized by law for any and all claims of any kind arising out of or related to their Listing of Boats, other modes of transportation or accommodation, and/or the use of the Service and /or Charter Partner’s and Affiliate Service Providers’ Boats, other modes of transportation, or accommodation, howsoever caused, including but not limited to

(1) claims for damages of any kind by the Renter, their guest, and/ or employees, agents, and contractors, including but not limited to property damage, property loss, consequential and non-consequential damages, personal injury, wrongful death, workers compensation, trip cancellation or interruption, or of any other kind within the deductible of the Providers’ insurance policies, (2) liability for covered claims in excess of the limits of Providers’ policies, (3) claims for personal injury or death, whether by, or on behalf of any person, entity, guests, third party, paid crew, whether brought pursuant to the Jones Act, General Maritime Law, Unseaworthiness, Vessel Owner Negligence, Maintenance and Cure or otherwise, Product Liability, General Negligence, Tort or Contract, Worker’s Compensation and (4) for all claims which are not covered by the above referenced policies. 

Charter Partners, Owners and Affiliate Service Providers represent and warrant that, at all times while participating in the Service, that the boat[s], vessels, other modes of transportation or accommodation will: be provided in a safe and seaworthy/airworthy/drivable/habitable and/or non-hazardous mechanical, structural and operative condition; shall contain all equipment required under applicable law; and comply with all other legal requirements applicable to said vessel, motor vehicle or other form of transportation or accommodation, including but not limited to insurance requirements, Coast Guard / Aircraft/ Motor vehicle and hotel regulations (if applicable), zoning laws, marina regulations, vessel livery and any other governmental or other industry requirements of the jurisdiction(s) in which Charter Partner, Owner or Affiliate Service Provider will be providing Services. 

If UNIQ.LA believes, in its sole discretion, that a Charter Partner’s, Owner or Affiliate Service Provider’s boat, vessel or other mode of transportation or accommodation does not conform to these standards, UNIQ.LA may notify Charter Partner, Owner or Affiliate Service Provider, and also reserves the right to refrain from listing the boat, vessel or other mode of transportation or accommodation through the Service until the concerns have been resolved to the satisfaction of UNIQ.LA at its sole discretion. The foregoing notwithstanding, UNIQ.LA shall have no affirmative obligation to conduct any inspections, investigations or surveys to determine the seaworthiness or condition of any boat, vessel or other mode of transportation or accommodation, the competency of any captain or crew, and or the sufficiency of any equipment or facilities of the Charter Partner, Owner or Affiliate Service Provider, or of its boat, vessel or other mode of transportation or accommodations. 

d. Policies Applicable to Charter Partners, Owners and Affiliate Service Providers 

If You are a Charter Partner, Owner, or Affiliate Service Provider, You agree to the following Policies and Procedures. By accessing or using the Service, You confirm that You have read, understood and have agreed to be bound by these additional Policies and Procedures. 

Charter Partner, Owner, or Affiliate Service Provider authorizes UNIQ.LA to make whatever inquiries UNIQ.LA considers necessary (including requesting Your consumer report from one or more consumer reporting agencies) in connection with Your Listing and offer to Charter Your Vessel and for any other lawful purpose (including collecting any Fees owed or other amounts payable). 

1. Owner Representations and Warranties 

See Terms Applicable to Charter Partners, Owners and Affiliate Service Providers 

2. Designated Authorized Agents. 

A Charter Partner, Owner or Affiliate Service Providers may designate an agent (a “Designated Agent”) to fulfill his or her responsibilities under the UNIQ.LA Service, provided that: 

(a). Charter Partner, Owner or Affiliate Service Provider completes a Designated Agent Authorization; 

(b). UNIQ.LA approves the Designated Agent in writing prior to the Designated Agent undertaking any duties on behalf of Owner; 

(c). The Designated Agent acknowledges in writing that he or she has fully read and understood this Agreement, the Bareboat Charter Agreement, the Charter Partner, Owner or Affiliate Service Providers Policies and Procedures and agrees to be bound by both, and that he or she will be responsible for the Check-out / Check-in List and competence assessment of the Renter. 

(d). Charter Partner, Owner or Affiliate Service Provider assumes all liability and responsibility for the acts of his or her Designated Agent. 

3. Appointment of UNIQ.LA In Limited Capacity As Payment Agent. Each Charter Partner, Owner or Affiliate Service Providers hereby appoints UNIQ.LA as the Owner’s limited agent solely for the purpose of collecting payments made by Renters to Charter Partner, Owner or Affiliate Service Providers. Each Charter Partner, Owner or Affiliate Service Provider agrees that payment of Fees made by a Renter to UNIQ.LA shall be considered the same as a payment made directly to the Charter Partner, Owner or Affiliate Service Provider and the Owner will make the Boat, vessel, or other mode of transportation or accommodation available to Renter in the agreed upon manner as if the Charter Partner, Owner or Affiliate Service Provider has received the Fees directly from Renter. Each Charter Partner, Owner or Affiliate Service Provider agrees that UNIQ.LA may, in accordance with the cancellation policy (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the Fees specified in the applicable cancellation policy

In accepting appointment as the limited authorized payment agent of the Charter Partner, Owner or Affiliate Service Providers, UNIQ.LA assumes, and shall have no liability whatsoever for any acts or omissions of the Owner, Provider, or Renter. The Charter Partner, Owner, or Third Party Service Provider who contracts with the Renter acknowledges that they are solely responsible for any injury, property damage, loss of property, consequential and non-consequential damages arising from its provision of Services to the Renter. 

To the maximum extent permitted by the law, Charter Partner, Owner or Affiliate Service Providers shall indemnify, defend and hold UNIQ.LA, its employees, agents, representatives, attorneys and volunteers, harmless from and against any and all claims, demands, expenses (including attorneys’ fees and costs) and liabilities of any and every nature which UNIQ.LA may sustain or incur or which may be asserted against UNIQ.LA in its limited capacity as payment agent. 

Further, all Charter Partners, Owners or Affiliate Service Providers (Providers) agree and acknowledge by their use of the Site and/or Services contained thereon, that UNIQ.LA is not responsible for any damages of any kind or type to Provider, whether compensatory, special, consequential or otherwise, which arise out of or are related to Renters’acts or omissions of any kind, including, but not limited to payment or non-payment of deposits, fees for services, fraud or misrepresentation, failure to pay any and all charges, fees, costs, expenses, other damages of any kind or losses of any type related to the provision of Services through use of the Site or Services, to arrange for or provide transportation, accommodations or related services to Renters or other 3rd parties. 

 

5. RENTERS 

By accessing or using the Service, Renters represent and warrant that they meet the Renter Eligibility Requirements and have read, understood and agree to be bound by the Renter Policies and Procedures. 

When a Renter completes a Booking, the Service will present the Renter with a page confirming the details of the Booking and/or Charter (the “Confirmation”). By clicking “Accept” (or any other means of acceptance presented by the Service), Renter agrees and consents to be bound by the terms of the Rental Agreement or other applicable Agreement provided by the Charter Partner, Owner or Affiliate Service Providers, which governs the rights and obligations of the Charter Partner, Owner or Affiliate Service Providers (Providers) and Renter with respect to the Rental or Charter. The completed Rental and/or Charter Confirmation will also be deemed part of the Agreement. 

Renter authorizes and agrees to cooperate if necessary in assisting UNIQ.LA to make whatever initial and follow-up inquiries UNIQ.LA, in its sole discretion, considers necessary (including, but not limited to requesting Your consumer credit or other applicable report or confirmation of lines of credit from one or more consumer reporting agencies or designated financial institution(s) in connection with Your Booking of a Boat Rental, Charter of a Vessel, other mode of transportation, or recreational services and/or accommodations, and for any other lawful purpose (such as identity and/or security verification, or other financial confirmation including collecting any Fees owed or other amounts payable). 

a. Renter Representations and Warranties. 

See Renter Policies and Procedures. 

b. DISCLAIMER REGARDING INSURANCE AVAILABLE TO RENTER: 

The insurance coverage and policy limits available to Charter Partner, Owner or Affiliate Service Providers, (Provider) may not be adequate to fully cover a Renter’s potential liability which may arise in connection with the use of a Charter vessel, or other mode of transportation, including but not limited to instances in which the Boat and/or other applicable vessel is involved in an accident during a Charter, or if there is injury to Captain, Crew or Passengers, Guests, or the Renter themselves. Renter is responsible for all property or other damages or injury that he or she incurs personally and / or causes to third parties whether or not covered by the Charter Partner, Owner or Affiliate Service Providers insurance Policy. 

There also may be exclusions to coverage, including but not limited to exclusions for: 

• running aground or jumping off of, or out of vessels, vehicles, aircraft or other modes of transportation; 

• theft or loss of property; 

• bodily injury to Renter or Renter’s family, guests, or 3rd party contractors; 

• bodily injury to divers from the time they leave the Boat to the time that they are safely back on board; 

• damage to or loss of Renter’s personal property; 

• damage to any marine estuary, artificial or natural reef. 

Renter hereby acknowledges that coverage is void if Renter breaches either: 

(1) a material term of this Agreement, 

(2) a term of the Bareboat Charter Agreement entered into with an Owner, or 

(3) fails to cooperate in any loss investigation conducted by UNIQ.LA or the insurer. 

Renters and Charter Partners, Owner or Affiliate Service Providers, are exclusively responsible for confirming that the insurance provided by Charter Partner, Owner or Affiliate Service Providers, for any of its Charter operations are adequate and sufficient for their intended Rental or Charter Service and hereby agree to defend, indemnify and hold UNIQ.LA harmless for any and all claims of damages, loss, or injury of any kind, or type no matter the cause, or availability of insurance coverage. 

For a complete list of exclusions and Policy limits when coverage is provided through UNIQ.LA, the Renter MUST contact the insurance agent designated by the Charter Partners, Owner or Affiliate Service Providers or by email to UNIQ.LA Re: insurance information inquiry. If further assistance is needed to contact the designated insurance agent we will make a follow up inquiry and advise You if we are able to obtain further information within 72 hours. 

 

6. CAPTAINS

a. 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. 

b. No Endorsement. 

In order to promote safety and a great experience UNIQ.LA provides a list of Captains who may be available for hire by the Renter if desired by the Owner or requested by the Renter. 

UNIQ.LA CANNOT AND DOES NOT CONTROL THE CONTENT PROVIDED IN ANY LISTINGS OR OFFERINGS MADE BY ANY CAPTAINS, NOR THEIR QUALIFICATIONS, REPUTATION, SUITABILITY, INSURABILITY, LICENSE STATUS, OR OTHER CAPABILITIES OF ANY CAPTAINS UNLESS PROVIDED BY UNIQ.LA does not approve or endorse any Captain not provided by UNIQ.LA as part of their Bareboat Charter Agreement. 

UNIQ.LA requires Captains to submit evidence of their qualifications at the time of initial sign up but does not and is not responsible to ensure that a Captain’s credentials remain current at the time of any particular Charter. 

Ensuring that a Captain is currently credentialed and properly qualified for a particular Boat or Charter is the sole responsibility of the Renter. 

c. Captains Are Strictly Retained by Renter. 

Renter agrees that Renter alone shall be the employer of any Captain selected and / or hired by Renter and that said Captain will be so notified by Renter. Captain shall be required to agree in writing with the renter that they are not the employee or borrowed servant of the Owner or UNIQ.LA and that they will not make any claims of any kind against Owner or UNIQ.LA on the basis of any alleged employment relationship.

 

7. AFFILIATE THIRD PARTY SERVICE PROVIDERS 

Various service providers, including but not limited to travel agents and concierges, boat manufacturers, boat dealers, marinas, and other independent service providers may register on the UNIQ.LA website to offer various services to Users. 

UNIQ.LA CANNOT AND DOES NOT CONTROL OR VERIFY ALL OF THE CONTENT CONTAINED IN ANY LISTINGS OR OFFERINGS MADE BY AFFILIATE THIRD PARY SERVICE PROVIDERS, NOR THE REPUTATION, SUITABILITY, INSURABILITY, LICENSE STATUS, OR OTHER CAPABILITIES OF ANY AFFILIATE THIRD PARY SERVICE PROVIDERS. FURTHER, BYALLOWING AFFILIATES TO POST OR BY POSTING OR MODIFYING A POST ON BEHALF OF AFFILIATES DOES NOT OBLIGATE UNIQ.LA TO VERIFY THE ACCURACY OF THE POSTING. 

a. Appointment of UNIQ.LA In a Limited Capacity As Payment Agent For Affiliate Third Party Service Providers (Affiliates). 

Registered Affiliate Third Party Service Providers appoint UNIQ.LA as the Affiliate’s limited agent solely for the purpose of collecting payments made by Owners on behalf of the Affiliate for products and services provided by the Affiliate to a Renter or User. Each Affiliate agrees that payment of Fees made by an Owner or Renter to UNIQ.LA shall be considered the same as a payment made directly to the Affiliate. In accepting appointment as the limited authorized payment agent of the Affiliate Third Party Service Provider, UNIQ.LA assumes no liability whatsoever for any acts or omissions of the Affiliate Third Party Service Provider. The Charter Partner, Owner, or Third Party Service Provider who contracts with the Renter acknowledges that they are solely responsible for any injury, property damage, loss of property, consequential and non-consequential damages arising from its provision of Services to the Renter. 

To the maximum extent permitted by the law, Affiliate Third Party Service Providers shall indemnify, defend and hold UNIQ.LA harmless from and against any and all claims, demands, expenses (including attorneys’ fees and costs) and liabilities of any and every kind and nature, which may be asserted against UNIQ.LA, or which UNIQ.LA may sustain or incur which are related to its provision of the Services, or in its limited capacity as payment agent. 

 

8. BOOKINGS AND FINANCIAL TERMS. 

If you are a Charter Partner, Owner or Affiliate Third Party Service Provider and a Booking is requested from You though the Service, You may be required to either confirm or reject the Booking within 24 hours of when the Booking is requested or the Booking request may be automatically cancelled. 

When a Booking is requested through the Service, UNIQ.LA will share with the Charter Partner, Owner or Affiliate Third Party Service Provider (i) the first and last name of the Renter who has requested the booking, and, (ii) a link to the Renter’s User Account profile page so that Owner can view such information before confirming or rejecting the Booking. 

If the Charter Partner, Owner or Affiliate Third Party Service Provider is unable to confirm or decides to reject a Booking of a Boat within such 24 hour period, any amounts collected by UNIQ.LA for the requested Booking shall be refunded to the applicable Renter’s credit card or other payment method and any pre-authorization of such credit card or other payment method shall be released. 

When Charter Partner, Owner or Affiliate Third Party Service Provider confirms a Booking requested by a Renter, UNIQ.LA will send the Charter Partner, Owner or Affiliate Third Party Service Provider an email, text message and/or message via the Service confirming such Booking, depending on the Charter Partner, Owner or Affiliate Third Party Service Provider’s designated notification preference. 

a. Billing Procedure. 

Charter Partners, Owners and Affiliate Third Party Service Providers agree to the fees and charges, terms of sale, payment and billing policies applicable to Your use of the Service as stated in the Fee Schedule. UNIQ.LA may add new or additional services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All Fees for Charter Partner’s, Owner’s or Affiliate Third Party Service Provider’s use of the Service are non-refundable, except as may be expressly stated in the Fee Schedule. 

b. Security Deposits.

UNIQ.LA will, in its limited capacity as the payment agent of the Charter Partner, Owner or Affiliate Third Party Service Provider, use commercially reasonable efforts to charge against the credit card or other payment method in the full amount of the Agreed Service Fees, plus the minimum Security Deposit at the time the Booking is confirmed and at least 48 hours prior to the provision of the Services requested. UNIQ.LA will use commercially reasonable efforts to address Owners’ requests and claims related to Security Deposits, but UNIQ.LA is not responsible for administering or accepting any claims by Charter Partners, Owners or Affiliate Third Party Service Providers related to Security Deposits, and disclaims any and all liability in this regard. 

For further information related to Security Deposits please see the Fee Schedule. 

c. Payments. 

i. Fees. 

If You are a Charter Partner, Owner or Affiliate Third Party Service Provider, You may set the net amount you wish to charge for the Charter or Rental of Your Boat, vessel, or other mode of transportation or accommodation as permitted by the Service. UNIQ.LA will process the applicable Fees on Your behalf, which means processing the Renter’s credit card, retaining a commission as set forth in our Fee Schedule, distributing funds to third parties such as, but not limited to Affiliates and remitting such remaining funds due to You as provided in this section. UNIQ.LA will remit payments due to You hereunder no later than fifteen (15) days after the end of each calendar month in which the applicable Fees are received for completed services provided by You, unless otherwise agreed in writing. Payment shall be in the form You select when You register for the Service, or as subsequently updated by You in the manner provided by the Service. UNIQ.LA reserves the right to withhold payment or charge back to Your account any amounts otherwise due to UNIQ.LA under this Agreement, or any amounts due as a result of a breach of this Agreement by You, pending UNIQ.LA’s reasonable investigation of such breach. 

To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation in the Service. If You dispute any payment made hereunder, You must notify UNIQ.LA in writing within thirty (30) days of any such payment. Failure to so notify UNIQ.LA shall result in the waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by UNIQ.LA 

ii. Captain’s Fee. 

Captains are responsible to set the net amount they wish to charge for their Services. Renter’s are responsible for payment of the Captain’s Fee except on the event of Rental being canceled by Charter Partner, Owner or Affiliate Third Party Service Provider as set forth in the Boat Captain Service Agreement. 

d. Taxes. 

You are solely responsible for ensuring that UNIQ.LA has Your correct, current and applicable tax information. If UNIQ.LA requests tax information that it believes it is obligated to obtain and You do not promptly provide this information as requested, UNIQ.LA may withhold Your payments until You provide this information or otherwise satisfy UNIQ.LA that You are not a person or entity from whom UNIQ.LA is required to obtain tax information. 

IRS Reporting Regulations on Third-Party Payment Transactions. 

In general, due to Internal Revenue (“IRS”) regulations, U.S. third-party payment networks, including UNIQ.LA are required to file a Form 1099-K for U.S. taxpayer sellers who meet the following minimum thresholds in a calendar year: 

More than $20,000 in unadjusted gross sales, and More than 200 transactions. 

Non-U.S. taxpayers must provide Form W-8BEN to UNIQ.LA in order to be exempt from U.S. tax reporting requirements. 

Accordingly, the following Users are required by UNIQ.LA to provide taxpayer identification information by completing a W-9 or a W-8BEN:

All Professional sellers; Individual sellers that exceed 20 transactions in a calendar year, regardless of sales volume; Individual sellers that exceed $20,000 in a calendar year, regardless of the number of sales. 

Important Notice. Information in this Agreement does not constitute tax, legal, or other professional advice and must not be used as such. To find out how this or any new legislation will affect You or Your business, or if You have other questions, please contact Your tax, legal, or other professional financial adviser. 

 

9. INTELLECTUAL PROPERTY 

a. License Grant. 

By posting any User Content on the Service, You expressly represent and warrant that: 

You have a right to grant, and do expressly grant to UNIQ.LA a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, publish, post, display or list information regarding, edit, modify, translate, distribute, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with UNIQ.LA’s (and its successors and affiliates) business. You also hereby grant each User of the Service a non-exclusive license to access Your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement. 

b. Third Party Links. 

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by UNIQ.LA. UNIQ.LA does not endorse any such sites or the information, materials, products, or services contained on or accessible through such sites. UNIQ.LA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. 

If You access a third party website from the Service, You do so at Your own risk, and You understand that this Agreement and UNIQ.LA’s Privacy Policy do not apply to Your use of such sites. You expressly relieve UNIQ.LA from any and all liability arising from Your use of any third-party website or services or third party owned content. Additionally, Your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers. You agree that UNIQ.LA shall not be responsible for any loss or damage of any sort relating to Your dealings with such advertisers. 

We encourage You to be aware of when You leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that You visit. 

c. End User Licenses. 

I. UNIQ.LA Service. Subject to the terms and conditions of this Agreement, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service for Your personal, noncommercial use only. UNIQ.LA reserves all rights not expressly granted herein in the Service and the UNIQ.LA Content (as defined below). 

UNIQ.LA may terminate this license at any time for any reason or no reason by posting withdrawal of the license in its updated terms of service. 

II. Use of UNIQ.LA Software. To use the UNIQ.LA Software You must have a mobile device that is compatible with the UNIQ.LA Service. UNIQ.LA does not warrant that the UNIQ.LA Software and/or UNIQ.LA Service will be compatible with Your mobile device. 

III. License Grant. UNIQ.LA hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the UNIQ.LA Software for one UNIQ.LA User account on one mobile device owned or leased solely by You, for Your personal use. 

IV. Restrictions. You may not: 

(i) modify, disassemble, decompile or reverse engineer the UNIQ.LA Software, except to the extent that such a restriction is expressly prohibited by law;

(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the UNIQ.LA Software to any third party or use the UNIQ.LA Software to provide time sharing or similar services for any third party; 

(iii) make any copies of the UNIQ.LA Software; 

(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the UNIQ.LA Software, features that prevent or restrict use or copying of any content accessible through the UNIQ.LA Software, or features that enforce limitations on use of the UNIQ.LA Software; or 

(v) delete the copyright and other proprietary rights notices on the UNIQ.LA Software. 

(vi) copy, distribute, or disclose any part of the Service in any form via any medium, including without limitation by any automated or non-automated "scraping"; 

(vii) use any automated system, including without limitation "robots, "spiders, "offline readers, etc., to access the Service in a manner that sends more request messages to the UNIQ.LA servers than a human can reasonably produce in the same period of time by using a conventional online web browser except that UNIQ.LA grants the operators of public search engines revocable permission to use spiders to copy materials from UNIQ.LA.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; 

(viii) transmit spam, chain letters, or other unsolicited email; 

(ix) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; 

(x) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; 

(xi) upload invalid data, viruses, worms, or other software agents through the Service; 

(xii) collecting or harvesting any personally identifiable information, including account names, from the Service;

(xiii) use the Service for any commercial solicitation purposes; 

(xiv) impersonate another person or otherwise misrepresent Your affiliation with a person or entity, conduct fraud, hide or attempt to hide Your identity; 

(xv) interfere with the proper working of the Service; 

(xvi) access any content on the Service through any technology or means other than those provided or authorized by the Service; or 

(xvii) bypass the measures UNIQ.LA may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. 

V. Software Upgrades. You acknowledge that UNIQ.LA may from time to time issue upgraded versions of the UNIQ.LA Software, and may automatically electronically upgrade the version of the UNIQ.LA Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. 

VI. Third-Party Code. Any third-party code that may be incorporated in the UNIQ.LA Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. 

VII. Rights Reserved. The foregoing license grant is not a sale of the UNIQ.LA Software or any copy thereof, and UNIQ.LA or its third party partners or suppliers retain all right, title, and 

interest in the UNIQ.LA Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. UNIQ.LA reserves all rights not expressly granted under this Agreement. 

VIII. Government End Users. If the UNIQ.LA Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the UNIQ.LA Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013

(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. 

IX. Export Control. The UNIQ.LA Software originates in the United States, and is subject to United States export laws and regulations. The UNIQ.LA Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the UNIQ.LA Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the UNIQ.LA Software and the UNIQ.LA Service. 

d. UNIQ.LA’s Proprietary Rights. 

Except for Your personal individual information, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the “UNIQ.LA Content”), and all Intellectual Property Rights related thereto, are the exclusive property of UNIQ.LA and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. 

Use of the UNIQ.LA Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. 

You may choose to or we may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Idea(s)”). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place UNIQ.LA under any fiduciary or other obligation, and that UNIQ.LA is free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, UNIQ.LA does not waive any rights to use similar or related ideas previously known to UNIQ.LA, or developed by its agents or employees, or obtained from sources other than You. 

e. DMCA Notice. 

Since UNIQ.LA respects artist and content owner rights, it is UNIQ.LA’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify UNIQ.LA’s copyright agent as set forth in the DMCA. 

For Your complaint to be valid under the DMCA, You must provide the following information in writing: 

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 

• Identification of the copyrighted work that You claim has been infringed; 

• Identification of the material that is claimed to be infringing and where it is located on the Service; 

• Information reasonably sufficient to permit UNIQ.LA to contact You, such as Your address, telephone number, and, e-mail address; 

• A statement that You have a good faith belief that use of the material in the manner contemplated of is not authorized by the copyright owner, its agent, or law; and 

• A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner. 

(a) A statement that You are the owner of the material, property, or a person depicted in a specific photograph or post and request that the material be removed. 

 

The above information must be submitted to the following DMCA Agent:

Email: info@UNIQ.LA / Attn: DMCA Notice 

Please note that this procedure is exclusively for notifying UNIQ.LA and its affiliates that Your copyrighted material has been infringed. The preceding requirements are intended to comply with UNIQ.LA’s rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding Your rights and obligations under the DMCA and other applicable laws. 

In accordance with the DMCA and other applicable law, UNIQ.LA has adopted a policy of terminating, in appropriate circumstances and at UNIQ.LA’s sole discretion, Users who are deemed to be repeat infringers. UNIQ.LA may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES. 

 

10. PRIVACY

UNIQ.LA cares about the privacy of its Users. Our Privacy Policy outlines how We use and safeguard Your information. You understand by using the Service, You are consenting to the collection, use and disclosure of Your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have Your personally identifiable information collected, used, transferred to and processed in the United States. 

By providing UNIQ.LA with Your email address, You consent to UNIQ.LA using the email address to send You Service related email, including any notices required by law, in lieu of communication by postal mail. By providing UNIQ.LA Your cell phone number, You consent to UNIQ.LA using the phone number to send You Service-related SMS messages. You may opt out of Service related emails or SMS messages by emailing info@UNIQ.LA. Opting out of Service related messages may prevent you from fully participating in the Service.

By providing UNIQ.LA with your email address and/or cell phone number You also consent to UNIQ.LA sending you other messages, including notice of changes to features of the Service and special offers. If You do not want to receive such messages, You may opt by changing Your preferences in Your Settings page. Opting out may prevent You from receiving messages regarding updates, improvements, or offers regarding the Service. 

For more information please review the Privacy Policy incorporated herein by reference. 

 

11. SECURITY

We have implemented commercially reasonable technical and organizational measures designed to secure Your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, We cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Your personal information for improper purposes. You acknowledge that You provide Your personal information at Your own risk. 

UNIQ.LA does not endorse any Users, Owners, Renters, Boats, Affiliates or Captains. In addition, although this Agreement requires Users to provide accurate information, UNIQ.LA does not attempt to confirm, has no obligation to inquire, and does not confirm, any User’s purported identity or other information provided by each such User, other than as necessary to arrange for transactional services between the Providers and Renters such as for, payments, ownership confirmation, background checks, etc. when such inquiries are required as determined at the sole discretion of UNIQ.LA to provide the Services.

You acknowledge that You are solely responsible for determining the identity of and suitability of others whom You contact via the Service, to provide the Services and their financial ability as it relates to any Services. Except as provided by this Agreement, UNIQ.LA will NOT be responsible for any damage or harm resulting from Your interactions with other Users or Affiliates. 

 

12. INDEMNIFICATION

User agrees to defend, indemnify and hold harmless UNIQ.LA and its subsidiaries, agents, attorneys, licensors, insurers, underwriters, managers, and other affiliated companies and their employees, contractors, agents, officers and directors, to the fullest extent authorized by the law, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, liens, costs or debt and expenses (including but not limited to attorney’s fees), howsoever caused, including but not limited to those arising from: 

(i) User’s use of and access to the Service, including, but not limited or related to, any data or content 

transmitted or received by User; 

(ii) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OR LOSS, OF ANY KIND OR NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO OR PARTICIPATION IN THE UNIQ.LA SERVICE INCLUDING, BUT NOT LIMITED TO ANY INJURY, DEATH OR DAMAGE ARISING AS A RESULT OF OR RELATED TO USE OF A BOAT, VESSEL, OR OTHER MODE OF TRANSPORTATION OR OTHER ACCOMMODATION REQUESTED OR OBTAINED THROUGH THE SERVICE; 

(iii) Your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties contained herein; 

(iv) Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;

(v) Your violation of any law, rule or regulation of the United States (including local, state and federal laws) or the laws of any other country in which the Boat or other mode of transportation is operated; 

(vi) any claim for damages or other loss or injury that arise as a result of any of Your User Content or any User Content that is submitted via Your account; or 

(vii) any other party’s access and use of the Service with your unique username, password or other security code. 

 

13. LIMITATION OF DAMAGES

By using the Service, You agree that any legal remedy or relief that You seek to obtain for actions or omissions of other Users or other third parties will be limited to the particular User(s) or third party(s) that caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from UNIQ.LA with respect to such actions or omissions. If You have a dispute with one or more Users, you release UNIQ.LA (and its officers, directors, employees, agents, subsidiaries, insurers and underwriters) from any and all claims, demands, liabilities and all forms of damages, whether, compensatory or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, or Your use of the Services. 

YOU AGREE THAT IN NO EVENT SHALL UNIQ.LA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, INSURERS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, LIENS, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER: (a) THE AMOUNTS PAID BY UNIQ.LA TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (b) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UNIQ.LA AND YOU. 

CALIFORNIA RESIDENTS: If You are a California resident, you agree to waive California Civil Code 1542, which says:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” 

 

14. INSURANCE

Through a third party insurer UNIQ.LA may be able to make available insurance intended to provide certain limited coverage during some Charters transacted through the Service, as further described in the Insurance Summary, incorporated herein by reference. In the event a Charter in which You participate as a Renter results in a claim covered by this insurance, UNIQ.LA will utilize reasonable efforts to assist You in submitting a claim. UNIQ.LA does not guarantee insurance coverage nor the results of any claim submitted for coverage under any policy of insurance. No User of the Service should assume they are afforded any insurance coverage unless they receive specific confirmation from the insurance carrier(s). 

NOT ALL BOATS ON THE UNIQ.LA SITE ARE COVERED BY INSURANCE PROVIDED BY UNIQ.LA’S THIRD PARTY INSURER. SOME BOATS ARE COVERED SEPARATELY AND EXCLUSIVELY BY THE OWNER’S INSURANCE POLICY. 

Remember — it is always the User’s responsibility to determine what insurance coverage exists, if any, and whether it is adequate and sufficient for their needs! 

 

15. GENERAL DISCLAIMERS AND DISCLAIMER OF ALL WARRANTIES 

If, at any time, UNIQ.LA’s policies differ from applicable federal, state, or local statutes, please remember that those legal requirements always preempt the UNIQ.LA policies. 

UNIQ.LA cannot and does not control the content contained in any listings or user generated content nor the condition, legality, suitability, insurability or seaworthiness of any vessel, aircraft, or vehicle. UNIQ.LA is not responsible for and disclaims any and all liability related to any and all listings and boats. accordingly, any bookings and charters are made at the renter’s and boat owner’s own risk whether or not affiliates are involved. it is the responsibility of each party to understand and make certain that all necessary insurance coverage is in place if you choose to use the service and/or participate in a charter whether as a Renter, Charter Partner, Owner, or Affiliate Third Party Service Provider, you do so at your own risk. you acknowledge and agree that UNIQ.LA does not conduct criminal background checks on any user, including but not limited to Renters, Charter Partner, Owners, or Affiliate Third Party Service Providers. The service and any content is provided on an “as is” and “as available” basis. 

Disclaimer of all warranties. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. There is also no warranty of workmanlike performance and the same is specifically disclaimed. No advice or information, whether oral or written, obtained by You from UNIQ.LA or through the Service will create any warranty not expressly stated herein. 

Without limiting the foregoing, UNIQ.LA, its subsidiaries, and its licensors do not warrant that the user content is accurate, reliable or correct; that the service or any charter will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. You will be solely responsible for any damage or loss that results from your use of the service. 

You are solely responsible for all of Your communications and interactions with other Users of the Service and with other persons with whom You communicate or interact as a result of Your use of the Service, including but not limited to Renters or Owners. 

You understand that UNIQ.LA does not make any attempt to verify the statements of users of the service and UNIQ.LA is not responsible for the action of Users of the Service. 

UNIQ.LA does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a Third Party through the UNIQ.LA SERVICE or any hyperlinked website or Service, and UNIQ.LA will not be a party to or in any way monitor any transaction between you and Third-party providers of products or services.

Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to some specific Users. 

The disclaimers, exclusions and limitations of liability under this Agreement do not apply to the extent prohibited by applicable law. 

 

16. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall UNIQ.LA, its affiliates, agents, directors, employees, insurers, underwriters, suppliers or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation any Charter. Under no circumstances will UNIQ.LA be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein. 

To the maximum extent permitted by applicable law, UNIQ.LA assumes no liability or responsibility for any: 

(ii) errors, mistakes, or inaccuracies of content; 

(iii) personal injury, death, property damage or loss, of any nature whatsoever, 

resulting from your access to or use of our Service, including, but not limited 

To any injury, death or damage arising as a result of a Charter, vehicular or Aircraft accident or crash; 

(iv) any unauthorized access to or use of our secure servers and/or any and all 

Personal information stored therein; 

(v) any interruption or cessation of transmission to or from the Service; 

(VI) any bugs, viruses, trojan horses, or the like that may be transmitted to or 

Through our service by any third party; 

(vii) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise 

made available through the Service; and/or 

(viii) user content or the defamatory, offensive, or illegal conduct of any third 

party. 

This limitation of liability section applies whether the alleged liability is based on 

Contract, tort, negligence, strict liability, or any other basis, even if UNIQ.LA has been advised of the possibility of such damage. 

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. 

UNIQ.LA is not liable to Users for any interruption of the Service, delay or failure to perform. 

 

17. ASSIGNMENT

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by UNIQ.LA without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. 

 

18. TERMINATION

You may terminate Your participation in the Service at any time, for any reason, upon receipt by UNIQ.LA of your written or email notice of termination. The terms of this Agreement will remain in effect after Your participation in the Service terminates. 

UNIQ.LA may permanently or temporarily terminate, suspend, or otherwise refuse to permit a User access to the Service without notice and/or liability for any reason, including if in UNIQ.LA’s sole determination User violates any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, User continues to be bound by this Agreement. All aspects of the Service are subject to change or elimination at UNIQ.LA’s sole discretion. UNIQ.LA reserves the right to interrupt the Service with or without prior notice for any reason or no reason.

 

19. JURISDICTION

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over UNIQ.LA, either specific or general, in jurisdictions other than California. 

You agree to submit to the personal jurisdiction of a State court located in Los Angeles County, California or the United States District Court for the Central District of California, for any actions for which We retain 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 our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below. 

 

20. GOVERNING LAW

Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be governed by the United States General Maritime Law where a water vessel is involved. Where said law is silent or inapplicable, any claim or controversy arising out of or relating to this Agreement, or breach thereof shall be governed, construed and interpreted in accordance with the internal substantive laws of the State of California, without respect to its conflict of laws principles. 

The interpretation of this Agreement through the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 

 

21. ARBITRATION AND DISPUTE RESOLUTION

All claims and disputes arising under or relating to this Agreement are to be resolved by the parties. If you’re unable to reach an agreement, you can ask UNIQ.LA to make a non-binding final decision 72 hours. or 3 business days after the information and documents provided in support of a Request to Resolve Dispute is set for review by UNIQ.LA. When You involve UNIQ.LA, all parties must be in agreement that our representative will attempt to reach an impartial agreement to resolve Your dispute. They will review the information provided by you and your host or guest, before making a final decision. In some cases, we may need to contact you to gather additional information, before we can make a decision. This decision will be binding and final. Parties can also choose to resolve their claim by the binding arbitration in accord with the rules then in effect of Alternative Resolution Centers (“ARC”) with any hearings to be held at a mutually agreeable location in Los Angeles County, California. The parties expressly agree to abide by any and all rules of ARC in effect at the applicable time and as found in their web site at mail@arc4adr.com. 

In the event that a party fails to pay any award, the award may be converted to a judgment in any Court of competent jurisdiction. 

 

22. CLASS ACTION WAIVER

This Agreement requires and You agree that the exclusive resolution of all disputes related to and / or arising from this Agreement to be conducted through arbitration instead of through any individual legal or class action. Even if the applicable law provides otherwise, User agrees that any legal action shall be brought individually and not as a member or part of any class action and User waives any right to participate in such class action. In any arbitration, User agrees that the arbitrator(s) have no authority to arbitrate claims on a class action basis. 

 

23. SPECIALLY DESIGNATED NATIONALS; U.S. EXPORT CONTROLS

By using the UNIQ.LA website and participating in the UNIQ.LA Program, User represents and warrants that (i) neither User nor User’s 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) User is not listed on any U.S. Government list of prohibited or restricted parties. User also will not use the Service for any purpose prohibited by U.S. law, including but not limited to the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. 

UNIQ.LA does not permit User Profiles associated with certain countries due to U.S. embargo restrictions.

The Service is controlled and operated from UNIQ.LA’s facilities in the United States. UNIQ.LA makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

 

24. NOTICE

UNIQ.LA may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to You via electronic mail, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by UNIQ.LA in its sole discretion. UNIQ.LA reserves the right to determine the form and means of providing notifications to Users, provided that You may opt out of certain means of notification as otherwise specifically described in this Agreement. UNIQ.LA is not responsible for any automatic filtering You or Your network provider may apply to email notifications We send to the email address You provide Us. We recommend that you add UNIQ.LA to Your email address book to help ensure You receive email notifications from UNIQ.LA. 

 

25. MISCELLANEOUS

a. Entire Agreement / Severability. 

This Agreement, as amended, including all documents referenced in this Agreement and incorporated herein, and any other legal notices and agreements published by UNIQ.LA via the Service, shall constitute the entire agreement between User and UNIQ.LA concerning the Service. If a court of competent jurisdiction or a properly convened arbitration panel deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

b. No Waiver. 

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and UNIQ.LA’s failure to assert any right or provision under this Agreement on one or more occasions shall not constitute a waiver of such right or provision on any subsequent occasion. 

 

26. SIGNATURE

By accessing or using the UNIQ.LA Service, You signify You have read, understood, and agree to be bound by this Agreement and to the collection and use of Your information as set forth in the UNIQ.LA Privacy Policy whether or not You are a registered User of our Service. 

Further, User understands that by checking the box next to “I have read and agree to the Agreement” and clicking on “Sign Up” on the Registration, User is electronically signing this Agreement. If You accept or agree to this Agreement on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to this Agreement and in that case, “You,” “Your” and “User” will refer to that company or other legal entity. 

 

Please contact UNIQ.LA at info@UNIQ.LA with any questions regarding this Agreement.