Terms of Service

Acceptance of Terms

The following Terms of Service establish a binding legal contract between you (either as an individual or on behalf of an entity, referred to as “you”) and Boat Yacht Rental Miami (“Company”, “we”, “us”, or “our”), regarding your use and access to the https://boatyachtrentalmiami.com/ website, along with any associated forms of media, channels, mobile websites, or mobile applications connected to it (collectively referred to as the “Website”). By engaging with the Website, you acknowledge that you have read, understood, and consent to be governed by these Terms of Service. Should you disagree with any part of these terms, you must cease using the website immediately. Any additional terms, conditions, or documents posted on the Website occasionally are incorporated by reference into these terms. We reserve the unilateral right to amend or update these Terms of Service at any moment for any reason. We will notify you of any changes by updating the “Last Updated” date of these Terms of Service, and you forego any right to specific notices of such modifications. Regularly reviewing these Terms of Service is your responsibility to remain informed of any updates. By continuing to use the Website after any updates to the Terms of Service are posted, you accept and agree to the changes.

The content on the Website is not intended for distribution to, or use by, any individual or entity in any jurisdiction or country where such distribution or use would contravene any law or regulation, or which would oblige us to comply with any registration requirement within such jurisdiction or country. Individuals who access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, to the extent that local laws are applicable. The Website is not designed to adhere to specific industry regulations (e.g., HIPAA, FISMA), and should not be used if your interactions are governed by such regulations. The Website must not be used in any manner that would breach the Gramm-Leach-Bliley Act (GLBA). Minors (typically those under the age of 18) in the jurisdiction in which they reside must obtain permission and be supervised by a parent or guardian to use the Website. If you are a minor, your parent or guardian must read and agree to these Terms of Service before you use the Website.

Ownership of Content and Brand Marks

The Website and all of its components, including but not limited to all code, databases, functionality, software designs, audio, video, text, photographs, and graphics (collectively, the “Materials”) as well as all trademarks, service marks, and logos contained therein (“Branding”), are, unless noted otherwise, the exclusive property of the Company. These Materials and Branding are protected under copyright, trademark, and other intellectual property and competition laws in the United States and internationally. The Materials and Branding are offered on an “AS IS” basis for your informational and personal use only. Unless explicitly stated in these Terms of Service, no element of the Website, nor any Materials or Branding, may be copied, reproduced, compiled, republished, uploaded, displayed, posted, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our explicit prior written consent. Assuming you meet the eligibility criteria for using the Website, you are accorded a limited license to access and use the Website, and to download or print a copy of any segment of the Materials to which you have properly secured access solely for your personal, non-commercial use. We retain all rights not specifically granted to you regarding the Website, the Materials, and the Branding.

Representations by Users

By engaging with the Website, you affirm and guarantee that: (1) the registration details you provide are truthful, precise, up-to-date, and complete; (2) you will keep such information accurate and promptly update any registration details as necessary; (3) you possess the legal authority and agree to abide by these Terms of Service; (4) you are not a minor in your jurisdiction, or if you are, you have obtained permission from your parent or guardian to use the Website; (5) you will not access the Website through any automated or non-human mechanisms, including but not limited to bots, scripts, or similar means; (6) you will not utilize the Website for any unlawful or unauthorized purposes; and (7) your use of the Website will comply with all applicable laws and regulations. Should you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny all current or future access to the Website (or any part thereof).

Registration Requirements

Participation on the Website may necessitate registering an account. You commit to maintaining the confidentiality of your password and accept responsibility for all activities that occur under your account and password. We have the authority to alter, reclaim, or delete any username you choose if we, at our sole discretion, find it to be unsuitable, offensive, or otherwise objectionable.

Usage Restrictions

The Website is intended for the purposes we specify and should not be used for any unauthorized commercial activities unless explicitly permitted by us. As a Website user, you are prohibited from engaging in the following actions:

• Extracting data or content from the Website systematically to form or compile, directly or indirectly, any collection, compilation, database, or directory without our express written consent.
• Deceiving, defrauding, or misleading us and other users, particularly in attempts to acquire sensitive information such as passwords.
• Bypassing, neutralizing, or otherwise interfering with security features of the Website, including those that limit or control the use or copying of any content or enforce usage restrictions on the Website and/or its content.
• Discrediting, diminishing, or otherwise causing harm to us and/or the Website, in our view.
• Utilizing information from the Website to harass, abuse, or harm another individual.
• Misusing our support services or filing false reports of abuse or misconduct.
• Operating the Website in a way that is contrary to any relevant laws or regulations.
• Using the Website for advertising or offering goods and services for sale.
• Engaging in unauthorized framing of, or linking to, the Website.
• Uploading or transmitting (or attempting to upload or to transmit) any form of virus, Trojan horse, or other disruptive material, including but not limited to spamming (repeated posting of repetitive text), that impacts any party’s continuous enjoyment of the Website or alters damages, disrupts, or interferes with the use, features, functionality, operation, or maintenance of the Website.
• Refrain from employing automated systems for interacting with the platform, such as scripts for posting comments or sending messages, or engaging in data mining, employing robots, or using similar tools for data collection and extraction.
• Avoid removing any copyright or ownership notices from the provided Content.
• Do not falsely represent yourself as another user or individual, or misuse someone else’s username.
• It is prohibited to sell or transfer your account.
• Do not distribute or send (or attempt to do so) any content that functions as a tool for passive or active collection or dissemination of information, including, but not limited to, transparent graphic files (e.g., “gifs”), tiny pixel images, tracking bugs, cookies, or other devices known as “spyware” or “passive data collection mechanisms.”
• Do not obstruct, inconvenience, or excessively burden the Website or any connected networks or services.
• Refrain from harassing, pestering, frightening, or threatening any employees or representatives involved in delivering any part of the Website to you.
• Avoid attempting to circumvent any security features of the Website designed to control or limit access to the Website, or any part of it.
• Do not replicate or modify the Website’s software, such as Flash, PHP, HTML, JavaScript, or any other coding.
• Avoid attempting to decode, disassemble, decompile, or reverse engineer any software that is part of or connected to the Website.
• Except for normal search engine or web browser use, do not employ, initiate, develop, or distribute any automated system, including, but not limited to, spiders, robots, cheats, scrapers, or offline readers that access the Website, nor deploy any unauthorized scripts or software.
• Refrain from using buying or purchasing agents to make transactions on the Website.
• Avoid making any unsanctioned use of the Website, such as harvesting usernames and/or email addresses of users through electronic or other means for sending unsolicited emails, or setting up user accounts by automated methods or under false identities.
• Do not use the Website to compete against us or to utilize the Website and/or Content for any commercial, profit-generating activity or enterprise.

Contributions by Users

The Website does not inherently allow for the submission or posting of user content. However, we may enable you to create, submit, post, display, send, perform, share, or broadcast content and materials to us or on the Website, including but not limited to texts, writings, videos, audios, photos, graphics, comments, ideas, or personal data or other forms of content (“User Contributions”). User Contributions might be accessible to other Website users and visible through third-party sites. As such, any User Contributions you share could be managed in line with the Website’s Privacy Policy. By providing any User Contributions, you affirm and guarantee that:

• Your User Contributions do not violate any third-party proprietary rights, including copyright, patents, trademarks, trade secrets, or moral rights.
• You possess or have obtained all necessary licenses, rights, consents, and permissions to use and permit us, the Website, and other Website users to employ your User Contributions as envisioned by the Website and these Terms of Service.
• You have obtained the necessary consent, release, and/or permission from every identifiable individual in your User Contributions to use their names or likenesses, enabling the use and inclusion of your Contributions as envisioned by the Website and these Terms of Service.
• Your User Contributions are truthful, accurate, and not misleading.
• Your User Contributions do not constitute unauthorized or unsolicited advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your User Contributions are not obscene, indecent, vulgar, violent, harassing, defamatory, or otherwise objectionable, as judged by us.
• Your User Contributions do not belittle, mock, disparage, intimidate, or bully anyone.
• Your User Contributions do not encourage or threaten violence against any person or group.
• Your User Contributions comply with all relevant laws, regulations, and rules.
• Your User Contributions do not infringe on the privacy or publicity rights of any third party.
• Your User Contributions do not solicit personal information from anyone under 18 or exploit individuals under 18 in sexual or violent manners.
• Your User Contributions adhere to laws regarding child protection, not promoting content related to child pornography or aimed at harming minors.
• Your User Contributions refrain from making derogatory comments related to race, national origin, gender, sexual orientation, or disability.
• Your User Contributions do not breach, or link to material that breaches, any term of these Terms of Service, or any relevant law or regulation.

Failure to adhere to these guidelines may lead to consequences including, but not limited to, the termination or suspension of your rights to use the Website.

Licensing of Contributions

By engaging with the Website, you consent that we can access, store, process, and utilize any information and personal details you submit in accordance with the Privacy Policy and your selected preferences (including settings).

When you provide suggestions or feedback about the Website, you grant us permission to utilize and share this feedback for any purpose, without offering you compensation. Your Contributions remain yours; we claim no ownership over them. You maintain complete ownership of your Contributions, including any intellectual property and proprietary rights they might hold. We bear no responsibility for any claims or assertions made within your Contributions on the Website. You are the sole responsible party for your Contributions to the Website, and you agree to absolve us of all responsibility, refraining from any legal claims against us in relation to your Contributions.

Regarding Submissions

You recognize and consent that any queries, comments, suggestions, ideas, feedback, or other information about the Website (“Submissions”) that you convey to us become our exclusive property. We gain sole ownership rights, encompassing all intellectual property rights, and have the freedom to use and share these Submissions for any legitimate purpose, whether business-related or not, without any acknowledgment or compensation to you. You relinquish any moral rights to these Submissions and affirm that these Submissions originate from you or that you have the authority to make such Submissions. You agree not to seek recourse against us for any supposed or actual violation or misappropriation of any proprietary right in your Submissions.

Links to External Sites and Third-Party Content

Our Website may provide links to external sites (“Third-Party Websites”) and include or offer access to content, such as articles, photos, text, graphics, designs, music, sound, video, data, applications, software, and other materials created by third parties (“Third-Party Content”). We do not conduct investigations, monitoring, or accuracy checks on such Third-Party Websites and Third-Party Content for correctness, suitability, or thoroughness, and we assume no responsibility for the Third-Party Websites you may access through our Site or the Third-Party Content that may be posted, shared, or made available through the Site. This includes, but is not limited to, the content’s truthfulness, how offensive, reliable, or safe it might be, or the privacy or other policies embedded in the Third-Party Websites or their Content. Our inclusion or linking to any Third-Party Websites or allowing the installation or use of any Third-Party Content does not mean we endorse it.

Should you choose to exit our Site to access Third-Party Websites or to use or download any Third-Party Content, you do so at your own discretion and risk. It’s important to note that our Terms of Use do not apply once you leave our Site. We recommend you review the specific terms and policies, especially concerning privacy and data collection, of any site you visit through our Site or any applications you download from it. We are not responsible for any transactions between you and any third parties, including any purchases made through Third-Party Websites. Such transactions are solely between you and the third party.

You acknowledge that we do not support the products or services presented on Third-Party Websites, and you agree to exempt us from any damage that might occur from your acquisition of such products or services. Furthermore, you agree to indemnify us against any losses you incur or damages you suffer as a result of your interaction with Third-Party Content or your visit to Third-Party Websites.

Website Oversight

We maintain the right, though not the obligation, to: (1) oversee the Website for breaches of these Terms of Service; (2) undertake suitable legal actions against anyone who, in our judgment, violates these terms or the law, including reporting such individuals to law enforcement; (3) at our discretion, refuse, limit, or restrict access to, or deactivate any of your contributions or parts thereof as far as technology allows; (4) at our discretion, remove or disable any files or content that are too large or otherwise impose a burden on our systems; and (5) manage the Website in ways that safeguard our rights and property while ensuring its smooth operation.

Data Privacy and Security

We prioritize the privacy and security of your data. By engaging with the Website, you consent to our Privacy Policy, which is posted on the Website and is an integral part of these Terms of Service. Please note the Website is hosted in the United States. If you access the Website from regions with laws or regulations governing personal data that differ from those in the United States, your continued use of the Website constitutes your consent to transfer your data to the United States and for it to be processed there.

Duration and Dissolution

These Terms of Service are effective as long as you use the Website. Without limiting any other terms of these Terms of Service, we reserve the right to, at our sole discretion and without notice or liability, deny access to and use of the website to anyone for any or no reason, including but not limited to violations of any representation, warranty, or agreement made in these Terms of Service or any applicable law or regulation. We may terminate your access or use of the website or delete your account and any related content or information at any time, without prior notice, at our sole discretion. If your account is terminated or suspended, you are prohibited from creating a new account under your own name, a false or borrowed name, or the name of any third party, even on behalf of the third party. Beyond terminating or suspending your account, we reserve the right to pursue legal actions, including civil, criminal, and injunctive remedies.

Changes and Interruptions Policy

We hold the authority to alter, adjust, or eliminate the content on the Website whenever we choose, for any reason, without prior notification. We are under no obligation to keep the information on our Website current. Additionally, we have the freedom to modify or cease any aspect of the Website at any moment, without prior notice. We bear no responsibility towards you or any third party for any changes, pricing adjustments, suspensions, or cessation of the Website. We cannot assure uninterrupted availability of the Website. Issues with hardware, software, or other technical difficulties, or necessary maintenance tasks, may lead to service interruptions, delays, or errors. We maintain the right to modify, pause, or halt the Website at our discretion, at any time, without notifying you. You acknowledge that we are not liable for any losses, damages, or inconveniences suffered due to your inability to access or use the Website during any outages or cessation of service. Nothing within these Terms of Service obligates us to continue operating the Website or to provide any specific updates, corrections, or releases related to it.

Applicable Law

The laws of the State of Florida, excluding its conflict of laws rules, govern these Terms of Service and your use of the Website. These terms are intended to be fully performed within the State of Florida.

Dispute Resolution Process

Informal Negotiation Process

To streamline the resolution and minimize the costs of any disputes, controversies, or claims arising out of these Terms of Service (referred to individually as a “Dispute” and collectively as “Disputes”), both parties commit to first attempt resolving any Dispute (with the exception of those Disputes explicitly excluded below) through informal negotiations for at least thirty (30) days before initiating any arbitration. These informal negotiations will start upon receipt of written notification from one party to the other.

Mandatory Arbitration Agreement

Should the parties fail to settle a Dispute through informal negotiation, the Dispute (with specific exclusions noted below) will be definitively settled by binding arbitration. It is important to understand that by agreeing to arbitration, you are foregoing the right to take legal action in court and the possibility of a jury trial. The arbitration process will be initiated and conducted according to the Commercial Arbitration Rules and, when applicable, the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), both accessible on the AAA website: www.adr.org. The costs associated with arbitration, including your contribution towards the arbitrator’s fees, will be determined by the AAA Consumer Rules and capped if deemed necessary by those rules. The arbitration might occur in person, through document submission, by phone, or online, depending on what is most suitable. The arbitrator’s decision will be provided in writing but will not include a detailed rationale unless such is requested by any of the parties involved. The arbitrator is bound by applicable laws, and the arbitration award can be contested if these laws are not adhered to. Unless required differently by the AAA rules or mandatory legal provisions, the arbitration will be held in Miami-Dade, Florida. The parties retain the right to seek judicial assistance to enforce arbitration, halt ongoing proceedings during arbitration, or to confirm, modify, annul, or act upon the arbitration outcome.

Should a Dispute advance to court rather than arbitration for any reason, it will be initiated or pursued in the state and federal courts of Miami-Dade, Florida. By this agreement, the parties consent to and waive any objections against this jurisdiction and venue. The applicability of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is expressly excluded from these Terms of Use. Any legal claim related to the Website must be filed within one year after the cause of action arises. If any part of this arbitration agreement is deemed unlawful or unenforceable, then neither party will choose arbitration for any Dispute that falls within the part of this provision identified as illegal or unenforceable. Instead, such a Dispute will be resolved in the competent courts within the aforementioned jurisdiction, and both parties agree to submit to the personal jurisdiction of those courts.

Limitations on Arbitration

The parties concur that arbitration will be confined to the dispute between them as individuals. As far as the law allows, (a) no arbitration shall be consolidated with any other proceedings; (b) there is no right or authority for any dispute to be arbitrated on a basis that would allow for class actions or class action procedures; and (c) no dispute may be brought forward in a representative capacity on behalf of the public or any other individuals.

Exclusions from Informal Negotiations and Arbitration

The parties acknowledge that certain disputes are exempt from the aforementioned informal negotiation and arbitration requirements: (a) disputes aiming to enforce, protect, or address the validity of a party’s intellectual property rights; (b) disputes stemming from accusations of theft, piracy, privacy breaches, or unauthorized usage; and (c) any claims for injunctive relief. Should any part of this exclusion be deemed illegal or unenforceable, then neither party shall choose arbitration for any dispute within that unenforceable segment. Instead, such disputes will be resolved in a court with proper jurisdiction as previously specified, and the parties consent to the jurisdiction of such courts.

Site Information Accuracy

The Site may include typographical mistakes, inaccuracies, or missing details, including but not limited to product descriptions, pricing, availability, and other information. We hold the right to amend any mistakes, inaccuracies, or omissions and to update information at any moment without prior notification.

Disclaimer of Warranties

The website is provided “as is” and on an “as available” basis. By using the website and our services, you acknowledge that you do so at your own risk. To the maximum extent allowed by law, we renounce all warranties, both explicit and implicit, related to the website and your usage of it. This includes but is not limited to disclaiming any implied warranties of merchantability, suitability for a specific purpose, and non-infringement. We do not guarantee the precision or completeness of any content on the website or on any sites linked to it, and we accept no liability for (1) any errors or inaccuracies in content, (2) any personal injury or property damage resulting from your access to and use of our website, (3) any unauthorized access to or use of our secure servers and/or any personal or financial information stored on them, (4) any interruption or termination of communication to or from the website, (5) any bugs, viruses, trojan horses, or similar issues that may be transmitted to or through the website by any third party, and/or (6) any errors or omissions in content or for any loss or damage incurred as a result of using any content posted, shared, or made available through the website. We do not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked service, nor do we oversee any transactions between you and third-party providers of products or services. You should exercise caution and use your best judgment in purchasing products or services through any medium or in any environment.

Limitation of Liability

Under no circumstances will we, or our directors, employees, or agents, be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, revenue loss, data loss, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages. Despite any provisions to the contrary, our liability to you for any reason and regardless of the form of action will always be limited to the amount, if any, you have paid us in the three (3) months before any cause of action arose. Some US state laws and international laws do not permit limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you might have additional rights.

Obligation to Compensate

You commit to defend, compensate, and absolve us, our subsidiaries, affiliates, and all related officers, agents, partners, and employees, from any losses, damages, liabilities, claims, or demands, including reasonable legal fees and costs, brought forth by any third party due to or resulting from: (1) your interaction with the Site; (2) violation of these Terms of Service; (3) any failure to uphold the representations and warranties you’ve provided in these Terms of Service; (4) your infringement of third-party rights, including intellectual property rights; or (5) any direct harm you may cause to another user of the Site with whom you have interacted through the Site. Despite this, we hold the right, at your cost, to take over the exclusive defense and control of any issue that obligates you to compensate us. You are expected to cooperate with our efforts in defending these claims at your own expense. We will make a reasonable effort to inform you of any such claims, actions, or proceedings that fall under this indemnification clause as soon as we become aware of them.

Responsibility for User Data

We will store certain information you send to the Site for operating and optimizing the Site’s performance, as well as information on how you utilize the Site. While we conduct routine data backups, the responsibility for any data you submit or that pertains to your activities on the Site rests entirely with you. You acknowledge that we are not liable for any potential loss or corruption of such data, and you hereby relinquish any claims against us related to any such data loss or corruption.

Text Messaging Consent

You may be given the chance to receive text messages, automated voice messages, or auto-dialed calls from the Company, its affiliates, and other related entities, as well as from third parties. These communications might be aimed at verifying your identity or device, and providing updates, promotional content, and marketing information. By sharing your mobile or cell phone number with the Company, you expressly consent to such messages in line with the Company’s Terms of Use. By providing your number, you assert your right to approve text messages to the provided or originating number. You acknowledge that subscribing to this service is voluntary and not contingent on any purchase, with the option to unsubscribe at any moment by following our provided opt-out instructions. To discontinue the SMS service, you can text “STOP” in response to a message from us, after which you will receive a confirmation text of the cancellation. All messages sent to you will respect your preferences and adhere to this Policy.

Consent to Electronic Communications

Your interactions with the Site, through emails and online forms, are considered electronic communications. By engaging in these activities, you consent to receive electronic messages from us. You agree that our electronic notices, disclosures, and other messages meet any legal standards that such communications be written. You consent to the use of electronic signatures, agreements, orders, and records, and to the electronic delivery of notices, policies, and transaction records initiated or completed by us or through the Site. You relinquish any claim to the necessity of non-electronic signatures, the physical delivery or retention of records, or to the issuance of credits or payments by non-electronic means, as may be required by any law.

Assistance for California Residents

Should you find that your concerns with us remain unresolved, the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs is available to assist you. You can reach them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210 or (916) 445-1254.

Pricing Policy

Prices are subject to modification without prior notice. While we strive to ensure the accuracy and currency of our pricing information, discrepancies may occur. If an item is priced incorrectly due to an error in typing, imaging, or outdated price information, Boat Yacht Rental Miami reserves the right to cancel or refuse orders for the item listed at the wrong price. Published prices do not include any taxes, duties, or other charges that might be imposed by governmental authorities. The buyer is responsible for these additional costs unless a valid exemption certificate is provided to the seller.

Order Acceptance Policy

Boat Yacht Rental Miami retains the sole discretion to accept or decline any orders, in whole or in part, submitted by customers. Once an order is accepted by us, it cannot be canceled by the customer without Boat Yacht Rental Miami explicit agreement. It should be clear that no customer terms and conditions, including any stated on purchase offers or orders, will be considered binding or legally effective on the Company unless they are explicitly acknowledged and agreed to in writing by the Company.

General Provisions

The entirety of our agreement with you, including these Terms of Use and any additional rules or policies posted on the Site, encapsulates our mutual understanding. Our inability to assert a right or stipulation within these Terms does not imply a waiver of such. These Terms are enforced to the maximum extent that the law allows. We reserve the right to transfer our rights and duties under these Terms to others at any moment. We are not to be held accountable for any losses, damages, delays, or failures to act that are beyond our reasonable control. Should any part of these Terms be found illegal, void, or unenforceable, that part is to be deemed separable from the Terms, leaving the remainder in full effect. Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and us. These Terms of Use are not to be interpreted against us simply because we drafted them. You also forgo any defenses you might have regarding the electronic nature of these Terms and the absence of signatures from the parties to formalize these Terms.

Contact Information

For any complaints or inquiries about the Site, or for more information on how to use the Site, please reach out to us at:

Boat Yacht Rental Miami

United States

Phone: +1 (305) 686-8377

Email: boatyachtrentalmiami@gmail.com