These Terms of Service comprise a binding legal agreement between you and High Tide Boat & Yacht Rental, Inc. (“High Tide”).  Please review this agreement carefully.

 

1. Overview

 

By visiting our website or purchasing boat rental services through our website you accept to be bound by these Terms of Service and Boat Rental Terms and you acknowledge that you have read, understood, and agree to the term found herein, in addition to any additional guidelines and future modifications (collectively, the "Terms"). These Terms were last updated on December 1, 2018. These Terms cover visiting our website, submitting information to High Tide, purchasing boat rental services from High Tide, and any other services High Tide may provide to you (the “Services”). By continuing to use the Services you agree to the Terms and any updates to the Terms.  If you do not agree to the Terms, you may not use, or no longer use, the website or the High Tide services. It is effective between you and us as of the date of you accepting this agreement. 

 

 

1. Boat and Watercraft Rental Terms

 

a. Rental. High Tide rents boats and other watercraft such as jet skis to customers for personal use only. By renting a boat or any watercraft from High Tide you agree to all of the following terms. When booking through the website or through phone or in-person consultation, you will select the boat and any other watercraft you wish you rent, the date and times of rental, price to be paid, deposit amount, and security deposit, if any.

b. Captain and Crew. The use of all boats requires a captain and crew that is experienced, licensed, if applicable, and competent in the handling and operation of the boat you have chosen to rent. Subject to pre-approval of High Tide, you may provide your own captain and crew. High Tide reserves the right to refuse a requested captain and crew for any reason. Otherwise, you agree to use the captain and crew provided by High Tide and agree to pay the applicable captain and crew fee. You agree to all reasonable rules and instructions provided by High Tide, the Captain and Crew.

c. Personal Watercraft. Use of personal watercraft such as jet skis may be controlled by you or members of your party so long as the person renting the watercraft is at least 18 years old and any person operating the watercraft is over 21 years old or between the ages of 14 and 21 and presents both a photo ID and a boating safety education identification card to High Tide.
 

d. Inherently Dangerous. You acknowledge that the activities for which any boat is designed includes inherent dangers, including the risk of bodily injury and/or death. You agree that all persons in your party, including you, must execute a waiver assuming and accepting all risks associated with the use of any boat or watercraft.

e. Security Deposit. Any required security deposit will be held by High Tide and may be used in, or towards, discharging any liability that you may incur under any of the provisions of these terms. To the extent that the Security Deposit is not so used, then it will be refunded to you without interest, within twenty-four (24) Working Hours after the end of the charter period or the settlement of all outstanding questions, whichever occurs later.
 

f. Cancellation by You. In the event you must cancel after reserving a boat or watercraft, High Tide will offer a full refund up to 7 days before departure. If you cancel within seven day before your agreed upon reserved date and time, we will hold your deposit and apply the funds to your account to use within the next 6 months. Any held deposit will be forfeited after six months.

g. Cancellation by High Tide. High Tide may cancel a reservation for any reason, including inclement weather, and if so will either refund all money paid or work with you to find an alternative date and time to fulfill your reservation.
 

h. Vessel Breakdown.  If there is a breakdown of a boat or watercraft prior to or during your rental, High Tide will endeavor to provide a replacement boat or watercraft, provide an alternative date and time for rental, or issue a refund or pro rata refund.

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i.Rules of Use:
 

i. You may use any boat or watercraft rented to you exclusively as a private pleasure vessel and shall not transport cargo, carry passengers for hire, engage in trade, or violate any laws or regulation of any jurisdiction where the vessel may travel, including, without limitation, any marine parks, sanctuaries, and protected areas.
 

ii. You will not damage the vessel in any way and you will be responsible for all damages, repairs, losses, costs, and expenses to vessel to the extent that the need for such arises from the negligence or willful misconduct of you or your guests.
 

iii. You and your guests may not navigate any personal watercraft beyond the navigational limits set forth by the captain or by High Tide.
 

iv. You will comply and will ensure that your guests comply with the laws and regulations of any country where the vessel may travel during the charter period.

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v. If you or any of your guests commits any offense contrary to the laws or regulations of any country that results in the Vessel being detained, arrested, seized, or fined, you agree to indemnify High Tide against all loss, damage, or expense incurred by High Tide as a result.
 

vi. You agree to pay any fines, penalties, damages, and forfeitures incurred as a result of any negligence or intentional acts of you or your guests or invitees, and you shall indemnify and hold High Tide harmless against and from any claim arising out of or in connection with such negligence or intentional acts.

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vii. No pets are allowed any vessel rented by High Tide.
 

viii. You will ensure that the behavior of the you and your guests does not cause a nuisance to any person or bring High Tide into disrepute.
 

ix. You will ensure that you and your guests will respond to all requests and instructions of the captain and crew.
 

x. You will ensure that you and your guests will not become intoxicated, unruly, boisterous, or disruptive.
 

xi. The use, transport, or possession of illegal drugs or narcotics, or of any other contraband, or the participation in any other unlawful activity, such as the transport of illegal aliens, is strictly prohibited.
 

xii. The participation in any of these prohibited activities by you or any of your guests or invitees constitutes a breach of these Terms and will be cause for immediate termination of this Agreement or any trip without refund of any fees or any other payments made by you.

It is also specifically understood that the possession or use of any weapons (including particularly firearms) is strictly prohibited on board any High Tide vessels and failure to comply will be sufficient reason for High Tide to terminate the charter immediately without refund or recourse against High Tide.

 

A violation of policies of High Tide and Rules of Use shall entitle High Tide to immediate cancel the charter without any refund. In addition, High Tide or the Captain or Crew retain the right to remove any guest or participate from the vessel for a violation of any of the terms herein.

 

1. Choice of Law. These Terms will be governed by and construed in accordance with the maritime law of the United States and, to the extent such law fails to supply a rule of decision, the law of the State of Florida regardless of any conflicts-of-law principles that would require the application of any other law.
    

2. Arbitration. Any dispute arising out of or in connection with this Agreement or any alleged breach hereof will be resolved by binding and confidential arbitration in Fort Lauderdale, Florida, or such other place as the Parties may agree in writing, in accordance with the Rules of the Miami Maritime Arbitration Council (the “MMAC”) current when the arbitration proceedings are commenced. A party wishing to refer a dispute to arbitration shall send notice in writing to the other party appointing its arbitrator and requiring the other party to appoint its arbitrator within seven (7) calendar days of such notice. If the other party fails to appoint an arbitrator within seven (7) calendar days of such notice, then the first party’s arbitrator will act as sole arbitrator. Otherwise, upon the other party’s appointment of the second arbitrator, the two arbitrators so appointed will appoint jointly, within seven (7) calendar days, the third arbitrator, who will serve as chairperson of the panel with respect to administrative matters. If the two arbitrators fail to appoint a third arbitrator within seven (7) calendar days, then either party may apply to the MMAC to appoint the third arbitrator. The sole arbitrator or the three arbitrators, as the case may be, will resolve the dispute as soon as practicable, but in any case no more than ninety (90) calendar days after the date on which the first arbitrator was appointed. The decision of the arbitrator, if a sole arbitrator, or the arbitrators or any two of them, if a panel of three arbitrators, will be final and binding on the Parties and may be enforced by any court of competent jurisdiction. The arbitrator or arbitrators will award costs and expenses of arbitration, including, without limitation, costs of expert witnesses and attorneys’ fees, to the prevailing party. Notwithstanding the above, the Parties may agree in writing at any time to refer any dispute arising out of or in connection with this Agreement to mediation before such person and according to such rules as the Parties may agree. The Parties shall not bring any proceedings in any other forum or jurisdiction based on any claim arising out of or in connection with this Agreement, except that either party may bring (i) proceedings in any jurisdiction to arrest or attach the property of the other party as security for an arbitration award or (ii) such other proceedings as may be necessary to ratify, enforce, or confirm an arbitration award.
    

3. Attorney’s Fees. In any arbitration or litigation arising out of or in connection with this Agreement, the prevailing party will be entitled to recover from the non-prevailing party or parties, in addition to any other relief to which the prevailing party may be entitled, reasonable attorneys’ fees (including paralegal fees), court costs, and all other expenses incurred in such arbitration or litigation by the prevailing party, even if not taxable as court costs, including, without limitation, all fees, costs, and expenses incident to appeals. For purposes of this section, a party will be considered the “prevailing party” to the extent that (i) such party initiated the proceedings and substantially obtained the relief it sought, whether by award, judgment, or voluntary agreement; (ii) such party did not initiate the proceedings and did not obtain award or judgment in its favor, but the other party did not substantially obtain the relief it sought; or (iii ) such party did not initiate the proceedings and the other party to the proceedings withdrew its claim or action without having substantially obtained the relief it sought. Nothing in this section will be construed to affect the mandatory arbitration provisions of these Terms.
    

4. Rental Indemnification. You agree to indemnify, defend and hold harmless High Tide, its officers, agents and employees from and against any claims, damages, expenses or liabilities arising out of the performance of these Terms or the use of a High Tide vessel including without limitation, claims, damages, expenses or liabilities for loss or damage to any property, or from death or injury to any person or persons.
    

1.  Website Terms

 

1. Your Content. The information collected when you provide information of any kind to High Tide is known as the “Content.” By providing any Content to High Tide, whether directly through your use of the Services, you grant High Tide and High Tide’s affiliates and service providers, and each of their and High Tide’s respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose of providing the Services. High Tide does not claim any ownership in any of the Content. You understand and acknowledge that you are responsible for any Content submitted by you and have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. High Tide is not responsible, or liable to any third party, for the content or accuracy of any Content submitted by you.  High Tide disclaims any and all liability in connection with or arising from Content uploaded, stored, transmitted or otherwise distributed by you. By uploading, storing, transmitting or otherwise distributing Content, you affirm, represent, and warrant that the Content does not and will not: (i) violate these Terms , (ii) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (iii) slander, defame, or libel any other person; or (iv) contain any viruses, adware, spyware, worms, or other malicious code. Violators of any third-party rights may be subject to criminal and civil liability. High Tide reserves all rights and remedies against any Users who violate these Terms. In the event High Tide receives any information or notice that any Content uploaded, stored, transmitted or otherwise distributed by user violates these Terms or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent, High Tide reserves the right to immediately remove the Content without notice to you and without any obligation to investigate an allegation of infringement. High Tide further reserves the right in its sole and unfettered discretion to remove for any reason whatsoever and at any time, any Content uploaded, stored, transmitted or otherwise distributed by you, without prior notice to you.
    

2. Prohibited Activities of Website; Enforcement of Policies. By agreeing to these Terms, you agree not to (or authorize or encourage any third party to) use the Services to (i) upload, store, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by High Tide; (ii) upload, store, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) use the Services for any fraudulent or inappropriate purpose, (iv) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access accounts of others without permission, forge another persons' digital signature or identity, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;  or (v) use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy. High Tide reserves the right to scan all Content to ensure compliance with these Terms. In the event High Tide determines, in its sole discretion, that your use of the Services is in violation of these Terms, High Tide shall have the right without recourse by the user to immediately terminate your account.
    

3. Data Confidentiality and Security. High Tide has taken commercially reasonable measures to ensure the safety of the Content when it is being stored and transmitted.  The Website requires that cookies and JavaScript are enabled to work properly.
    

4. Privacy. Your privacy is important to High Tide. The High Tide Privacy Policy [Link] is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to High Tide’s collection, use, and disclosure of your personal information.
    

5. Modification of These Terms. When using the Service, any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such guidelines and rules are hereby incorporated by reference into these Terms. High Tide may, at its sole discretion, modify or revise these Terms and policies at any time; by using the Service you agree to be bound by such modifications or revisions.  If you do not accept and abide by these Terms, you may not use the Service. When the Terms have been modified, we will, at our discretion, send you a notification or post an announcement on our website which will be displayed for a period of seven (7) days from the date the Terms were modified.
    

6. Disclaimer, Damages, Indemnification for Website. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” HIGH TIDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HIGH TIDE OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO ANY CLAIM RELATED TO THE WEBSITE, THE USE OF OR INABILITY TO USE THE WEBSITE AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HIGH TIDE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree to defend, indemnify and hold harmless High Tide, its affiliated companies, officers, directors, employees and agents from and against all claims, demands, suits, costs, damages, and expenses, including but not limited to attorneys' fees and reasonable settlements that High Tide may sustain or incur by reason of your use of the website, any breach of these Terms, or any alleged breach or violation of the foregoing warranties, representations and covenants All of the foregoing terms of this paragraph shall survive these the termination of any license between you and High Tide, including these Terms
    

1. Miscellaneous Terms

 

1. High Tide may transfer and assign these Terms and ownership of the Services without restriction. You may not transfer or assign any of these Terms or any Services.
    

2. You affirm and warrant that you are legally competent to enter into these Terms, and the conditions, obligations, affirmations, representations, covenants and warranties set forth herein.
    

3. If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the remaining provisions of these Terms shall not be affected.
    

4. No waiver of any term of these Terms shall be deemed to constitute a continuing waiver of such term.
    

5. By accepting these Terms, you agree to allow High Tide to send you periodic emails including but not limited to system maintenance announcements, newsletter, and other marketing materials.  You may unsubscribe from these communications at any time. 

 

The Service is offered by High Tide, located at: Tarpon Point Marina

 

 

Privacy Policy

Last modified: December 2018

 

1. Introduction
    

High Tide Boat & Yacht Rental, Inc. ("Company" or "We") respects your privacy and is committed to protecting it through our compliance with this policy.
 

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.high-tide-boat-rentals.com (our "Website") or purchase goods or services or contact us for any reason through the Website and our practices for collecting, using, maintaining, protecting, and disclosing that information.
 

This policy applies to information we collect:
 

• On this Website.

• In email, text, and other electronic communications between you and this Website.
   

It does not apply to information collected by:
 

• us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or

• any third party, including through any application or content that may link to or be accessible from or on the Website.
   

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
 

1. Children Under the Age of 13
    

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at emontgomery@stlmllc.com.
 

1. Information We Collect About You and How We Collect It
    

We collect several types of information from and about users of our Website, including information:
 

• by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or credit card information ("personal information"); and/or

• about your internet connection, the equipment you use to access our Website and usage details.
   

We collect this information:
 

• Directly from you when you provide it to us.

• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

• From third parties if we choose to engage with them on the website. Our site may use Google Analytics to help us learn about website visits and the pages being viewed.

 

1. Information You Provide to Us.  The information we collect on or through our Website may include:

• Information that you provide to us through the Website. This includes information provided at the time of requesting information, purchasing goods or services, creating an account, information you provide when using our services, or filling out any online forms. We may also ask you for information when you report a problem with our Website.

• Records and copies of your correspondence (including email addresses), if you contact us.

• Details of transactions you carry out through our Website and of the fulfillment of purchased goods or services. You may be required to provide financial information before placing an order through our Website.

 

1. Information We Collect Through Automatic Data Collection Technologies.  As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
    

•  Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

• Information about your computer and internet connection, including your IP address, operating system, and browser type.
   

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). We do not currently honor Do Not Track signals.
 

The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
 

• Estimate our audience size and usage patterns.

• Store information about your preferences, allowing us to customize our Website according to your individual interests.

• Speed up your searches.

• Recognize you when you return to our Website.

 

The technologies we use for this automatic data collection may include:

 

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

 

1. Third-Party Use of Cookies.
    

Some content or applications on the Website are served by third-parties, including ad networks and servers, content providers, and application providers. These third parties may use cookies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

 

1. How We Use Your Information
    

We use information that we collect about you or that you provide to us, including any personal information:
 

• To present our Website, its contents, and our products and services to you.

• To provide you with information, products, or services that you request from us.

• To fulfill any other purpose for which you provide it.

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

• To notify you about changes to our Website or any products or services we offer or provide though it.

• In any other way we may describe when you provide the information.

• For any other purpose with your consent.

 

1. Disclosure of Your Information
    

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:
 

• To fulfill the purpose for which you provide it.

• For any other purpose disclosed by us when you provide the information.

• With your consent.
   

We may also disclose your personal information:
 

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

• To enforce or apply our terms of use, if any, and other agreements, including for billing and collection purposes.

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of High Tide Boat & Yacht Rental, Inc., our customers, or others.

 

1. Choices About How We Use and Disclose Your Information
    

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
 

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
   

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

 

1. Accessing, Correcting, and Deleting Your Information
    

You may send us an email at emontgomery@stlmllc.com [SB2] to request access to, correct or delete any personal information that you have provided to us. If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.

You may unsubscribe from our newsletter at any time via the link provided on the newsletter. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
 

1. Data Security
    

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
 

1. Changes to Our Privacy Policy
    

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes. If High Tide Boat & Yacht Rental, Inc. is acquired or merged with another company, your information may be transferred to the new owners in order to continue to contact you.

 

1. Contact Information
    

To ask questions, comment about this privacy policy and our privacy practices or to submit a complaint, contact us at:
 

egallo@skyllc.com

970 Joe Walker Road Sunbury, OH 43074

or via our phone number: 1 (800) 284-8206
 

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