EFFECTIVE Apr 21, 2024

Your Relationship with AnchorsBook

Your use of AnchorsBook’s products, software, services, website and any mobile websites (collectively “Services”) is subject to the terms of this Terms of Use Agreement (this “Agreement”). AnchorsBook means AnchorsBook, Inc. d/b/a AnchorsBook (herein referred to as “AnchorsBook,” “us,” “we,” or “our”). If you are using the Services on behalf of a corporation or other legal entity, “you” means the entity, and the user is warranting that he or she has the rights to bind the entity. By using the Services, you are agreeing to and are subject to the following terms and conditions, as well as our Privacy Policy, herein incorporated by reference (collectively, the “Terms”). If you do not agree to all of the Terms you are not authorized to use AnchorBook’s Services.

You accept the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you by AnchorsBook in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), you understand and agree that AnchorsBook treats your use of the Services as acceptance of the Terms from that point onward.

AnchorsBook reserves the right, at its discretion, to change, modify, add or remove any of the Terms, in whole or in part, at any time. Please check the Services and the Terms periodically for changes. Your use of the Services after such modified Terms are posted will mean that you accept such Terms.

You acknowledge and agree to take all reasonable precautions in ensuring the accuracy and reliability of any User generated content. We are also not responsible for the condition of any watercrafts listed on the Services or the compliance with laws, rules or regulations that may be applicable to watercraft operation, maintenance, rental or charter in any jurisdiction. As between AnchorsBook and Vendors, Vendor acknowledges and agrees that Vendor is solely responsible for ensuring compliance with laws, rules or regulations that may be applicable to watercraft operation, maintenance, rental or charter in the jurisdiction in which Vendor operates or is otherwise located. Renters should satisfy themselves that any watercraft rented complies with any legal or safety requirements for such rental, and Renters and Vendors have exclusive responsibility for such compliance. Without limiting the foregoing, Vendors and Renters are solely responsible for their own compliance with any legal and/or safety requirements in place in your applicable jurisdiction in light of applicable health and/or travel advisories. Vendors are responsible for determining if renting a watercraft is permissible and, if so, for providing their watercraft in sanitary condition for Renters and with appropriate sanitation supplies for Renters to clean the watercraft after use. Renters are responsible for returning any rented watercraft in sanitary condition using the sanitation supplies provided by the Vendor.

Separate Agreements. Users acknowledge and agree that you will be required to enter into a separate agreement and/or waiver, directly between the Renter and Vendor, prior to making a booking or purchasing a product or service and such agreement and/or waiver may place additional restrictions on your booking, product, or service. Any separate agreements and/or waivers relating to the rental of a watercraft or related products or services are under the sole control of any Vendor or provider and Renter.

ANCHORSBOOK IS A VENUE AND IS NOT A PARTY TO ANY RENTAL AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE SERVICES.

AnchorsBook is Only a Venue. AnchorsBook acts as a venue for users of the Services as renters (“Renters”) and watercraft owners (“Vendors”) (Vendors and Renters, each a “User” and together, “Users”) to view and post available watercrafts to facilitate the rental of such watercrafts. AnchorsBook is not a party to any actual agreement or transaction between Renters and Vendors even though we may from time to time provide tools that relate to a booking, such as a tool to enable a Renter to enter into a transaction to rent a specific watercraft directly from a Vendor and payment services to facilitate the booking. As a result, AnchorsBook has no control over the accuracy or correctness of the content or information provided or used by such Renters and Vendors. Any part of an actual or potential transaction between a Renter and a Vendor, including the condition, quality, safety or legality of the watercrafts advertised, the truth or accuracy of the listings (including the content thereof or any review related thereto), the ability of Vendors to rent a watercraft to a Renter, or the ability of Renters to pay for or operate watercraft rentals are solely the responsibility of each User. Vendor acknowledges and agrees that Vendor is solely responsible for the compliance and safety of the Renter(s) who rent Vendor’s watercraft(s).

All Renters, regardless of extra waivers Vendors might require, are subject to the AnchorsBook waiver (Renters Agreement) below upon accepting/paying for a rental or charter:

Release and Indemnity. IN THE EVENT OF A DISPUTE BETWEEN A RENTER AND A VENDOR, VENDOR AND RENTER, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS ANCHORSBOOK AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “ANCHORSBOOK PARTIES”) FROM ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), FINES, PENALTIES AND OTHER COSTS OR EXPENSES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, THE “CLAIMS”), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OVER BREACH OF THIS AGREEMENT, BREACH OF ANY SEPARATE AGREEMENT OR TRANSACTION, AND/OR THE SUBSTITUTION OF RENTAL UNITS. FURTHER, VENDOR AND RENTER EACH HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE ANCHORSBOOK PARTIES FROM ANY CLAIMS BROUGHT AS A RESULT OF VENDOR AND/OR RENTER’S (1) BREACH OF THE TERMS, (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND (3) USE OF THE SERVICES.

Insurance. All vendors and listings are covered by Insurance provided by the vendor for their listing. AnchorsBook is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Services, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link. Insurance coverage may be provided through a third-party independent insurance producer not affiliated with AnchorsBook. AnchorsBook does not act as a broker, agent or consultant in the sale of insurance, is not endorsing or recommending any particular insurer or terms of coverage, and is merely providing a link for you, if you wish, to transact a contract for insurance with a third-party provider. Any contract for insurance is solely between you, as the insured, and such insurer as you and the third-party insurance provider agree shall act as the insurer. AnchorsBook has no control over and makes no representations regarding the coverage of any insurance you may purchase from a third-party insurance provider. You acknowledge and agree that AnchorsBook assumes no responsibility or liability for any claims or disputes arising from, or related to, a contract for insurance facilitated through such link. You also acknowledge and agree that AnchorsBook shall not be included as a party to any such claims or disputes.

Your Use of Services

Conditions of Self Drive Rental Use. As a condition of your use of the Services, you expressly represent and warrant that (i) if you will be operating a watercraft, you are responsible for ensuring that you are sufficiency skilled in the operation of the watercraft and legally authorized to operate a watercraft in the state in which you are renting and you will not allow any other occupants of the watercraft to operate the watercraft unless they are each of sufficient skill and legally authorized to operate a watercraft in the state in which you are renting; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use the Services in accordance with the Terms; (iv) you will only use the Services to post or view, as applicable, available watercraft rentals or transact legitimate watercraft rentals for you or for another person for whom you are legally authorized to act with other Users; (v) you will inform such other persons about the terms and conditions that apply to the watercraft rental you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto; (vi) if you are booking a rental on behalf of another person, you are individually responsible for ensuring that such other person is a party to the separate agreement for the rental of the watercraft; (vii) all information supplied by you to AnchorsBook is true, accurate, current and complete, (viii) if you have an AnchorsBook account, you will safeguard your account information, (ix) you are and will remain in compliance with all applicable laws, rules and regulations related to watercraft operation, maintenance, rental or charter, and (x) if you are listing a watercraft for rental, you are either (a) the owner of the watercraft, or (b) a representative authorized to act on behalf of the owner of the watercraft. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services. Without limiting the foregoing, the Services are not available to children (persons under the age of 21). By using the Services, you represent and warrant that you are at least 21 years old. AnchorsBook retains the right at its sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of the Terms.

Sharing contact information such as, email address, phone number, website address, company name, social media accounts or profiles, pickup locations, contact information to other vendors, or any other form to connect directly with users outside of AnchorsBook is discouraged. AnchorsBook has the sole discretion to monitor and block all content that it deems to be used to circumvent AnchorsBook or violates any other terms of use. Failing to abide by the terms will result in an account suspension and removal from the platform.

You agree that you will only use the Services for lawful purposes.

Please keep in mind that we will treat anyone who uses your user name and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of the person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password or otherwise obtaining access to the Services in this or any other inappropriate manner.

Payment Services. While AnchorsBook is not a party to any agreement between you and any Vendor, Renter acknowledges and agrees that AnchorsBook may act as the Vendor’s payment agent for the purposes of collecting payment for bookings made through the Services. Renter’s provision of financial information to us for purposes of payment is governed by our Privacy Policy.

Establishing Payment Account. As a Renter, you are responsible for opening an account, providing payment authorizations for bookings and paying for Services according to these Terms, as well as others which may be included at the time of booking. You agree to provide all requested information, including a credit card to be used for pre-authorization/reserve and payment/capture for Services. Payment for a booking will be made by AnchorsBook directly to the Vendor who posted the listing or responded to a request.

By providing your credit card information to us, you agree that we are authorized to charge your card with the total cost of the rental, taxes and any required deposit, as described below. We will run a pre-authorization for the full amount of the booking on the credit card the Renter supplies at the time of booking. You agree that we can charge a nominal amount to your credit card to verify the validity of the credit card information you provide. If the Vendor accepts the booking, the Renter’s credit card will be charged in full for the amount previously described, although if the Vendor advises us of a change in delivery location following the booking and that change results in an increase in any applicable taxes we are required to charge and collect or if there is increase in the amount to taxes imposed at the time of booking versus the date of delivery, you expressly authorize us to charge such credit card for the excess and if that card is not honored at the time AnchorsBook will collect such amount from the Vendor and the Vendor will collect such amount from you before delivery of the rental to you and your failure to pay the Vendor for such amount may result in denial of access to the rental and forfeiture of your deposit. You expressly authorize AnchorBooks service provider, WooCommerce, Inc. & Stripe Inc., to originate credit transfers to your financial institution account. AnchorsBook may also use a service provider to store your credit card information to facilitate payments as described herein and you expressly authorize such storage. AnchorsBook shall ensure that any service provider it uses to process or store your credit card information is bound by obligations to protect such information commensurate with our Privacy Policy.

Deposits. Renters are responsible for leaving the rented watercraft in the same condition it was in before you rented it. Renters acknowledge and agree that you are responsible for all acts and omissions of you and your guests on the watercraft that affect the condition of the watercraft. In the event a Vendor claims and provides evidence of damage to the watercraft, you agree that AnchorsBook shall be entitled to not refund a deposit to your credit card to cover the cost of the damage, as established after reasonable investigation. We will notify you of any damage claim made by a Vendor related to your rental and you will have an opportunity to respond, as set forth in such notice. We will only refuse refunding a deposit to Renter’s payment method after the rental is complete if the Vendor has made a claim and the deposit amount has been deemed appropriate after investigation of the claim.

Vendor Service Charge. We charge a service fee from our Vendors for using AnchorsBook to get customers and bookings. We reserve the right to round up amounts to the nearest whole dollar (for example, $202.60 will be rounded to $203). We will not process any currency conversion and payments to Vendors will be in USD currency, as well as payments collected from Renters. We reserve the right to adjust the conversion rate based upon when the payout is made to the Vendor. The vendor service fee and any conversion fee constitute “Transaction Fees.” AnchorsBook reserves the right to adjust its Transaction Fees at any time.

Payments to Vendors. Payment to Vendors for accepted bookings will be made net 30 days from the date of the completed reservation. Notwithstanding, in limited circumstances, on a case-by-case basis, in its sole discretion, AnchorsBook may elect to pay a Vendor a portion of the accepted booking after the reservation is made and the remaining portion of the accepted booking net 30 days from the date of the completed (fully paid) reservation. All payments to vendors are completed in USD currency, and the vendor shall incur any applicable transaction and currency exchange fees for their payment. If, after Vendor has been paid any portion of the accepted booking by AnchorsBook, an accepted booking is cancelled or terminated for any reason by either Vendor or Renter before the reservation is completed, Vendor shall return to AnchorsBook all sums advanced by AnchorsBook for such reservation immediately (within five (5) days) upon receiving written demand for same. Vendor further agrees that AnchorsBook is not liable for any damages Vendor may incur as a result of such cancellation and/or having to return such funds. If Vendor fails to timely refund said sums, AnchorsBook shall also be entitled to interest on said sums at the rate of 18% per annum, or the highest rate allowed by law, whichever is lower, and all of AnchorBook’s attorneys’ fees and costs of court.

If a Vendor does not respond to a booking inquiry, AnchorsBook reserves the right to transfer the booking and associated payment to another Vendor on Renter’s behalf. AnchorsBook reserves the right to hold payment to Vendors if AnchorsBook suspects there has been fraud or other suspicious activity in connection with the rental or payment. Unacceptable payment methods that may be posted on the Services may result in the immediate removal of the non-conforming listing from the Services without notice to the Vendor and without refund. Unacceptable payment methods are those methods that may pose a risk of fraud, identify theft, or breach of privacy.

Substitution of Rental Units. Renter understands and acknowledges that boats/other water craft reserved may, from time to time, be subsequently damaged or otherwise become in need of repair before the reservation is commenced. If a Vendor is unable to provide the reserved unit to Renter due to it being unavailable, Vendor may provide Renter with a substitute unit that is similar in age, size, model, and value as the reserved boat/other water craft. Vendor shall provide Renter with notice of the need for a substitution of unit(s) as soon as reasonably possible, as well as provide Renter with pictures and a description of the substitute unit upon request. If Vendor is unable to provide Renter with a similar substitute unit (as described herein), Renter may elect to cancel the reservation any time before it is commenced and, as its sole remedy, obtain a refund in accordance with the Refund Policy as if the Vendor had cancelled the reservation. Renter shall not be entitled to any refund, and shall be obligated to pay all sums owed, if Vendor offers Renter a similar unit (as described herein) and Renter nevertheless refuses to complete and/or terminates the reservation. If there is a dispute between Renter and Vendor as to whether the substitute unit offered by Vendor is sufficiently similar to the unit reserved by Renter, AnchorsBook shall make the final determination, in its sole discretion, and Renter and Vendor agree to abide by AnchorsBook’s determination.

ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN RENTERS AND VENDORS OTHER THAN PAYMENT THROUGH ANCHORSBOOK IS A VIOLATION OF THESE TERMS.

Taxes. All prices have taxes for their local region included by the vendors. The rental/booking fee and any additional expenses may be subject to applicable local, federal and state taxes. Commencing with bookings made on and after date set forth after “Effective” set forth on the first page above, AnchorsBook will in some locations, as AnchorsBook phases in its tax collection and reporting system, charge and collect from the Renter all applicable taxes AnchorsBook is required to collect and which are imposed by a governmental authority on the rental amount and other charges that are included in the base on which such taxes are imposed and that payable by the Renter through the Services. In some jurisdictions, AnchorsBook may not begin collecting on the Effective date shown above or in others may not be required to collect taxes, and as provided below it is the Vendor’s responsibility to collect and remit any such taxes imposed on the rental amount that AnchorsBook does not charge and collect. To the extent charged and collected from the Renter by AnchorsBook, the Vendor should not charge and collect the same amount of such taxes from the Renter. AnchorsBook will make the determination of the applicable amount to be charged based on the zip code of the Vendor on file with AnchorsBook unless and until the Vendor advises AnchorsBook in writing of a change the location of where the watercraft will be delivered to a Renter. If the change in location results in an increase in the amount of applicable taxes that should have been charged to and collected from the Renter, the Renter’s credit card will be charged for such excess.

Except to the extent provided herein or in the Vendor Interface Agreement located in the Terms of Service, the Vendor accepting the booking is solely responsible for the collection, reporting, and payment of applicable taxes where those taxes are not being collected and remitted by AnchorsBook. AnchorsBook will charge applicable taxes to Renter’s payment method at the time of booking and later in the event circumstances require a change. To the extent not charged and collected by AnchorsBook, Vendors are responsible for determining applicable taxes and should consult with your own legal/tax adviser about any tax questions in this regard. For Vendors based in the European Union, it is your responsibility to include VAT in the price of the booking and you will be responsible for reporting VAT.

Cancellation and Refund Policy. The service fee is non refundable in all circumstances. Cancellations within 72 hours of a booking start time are on refundable.
If Vendor cancels an accepted rental before the rental is commenced, Renter shall be refunded all sums paid to AnchorsBook for the rental, less non refundable service fee.

If Vendor cancels an accepted rental before the rental is commenced due to dangerous weather conditions, or coast guard directives, Renter will have to coordinate and rescheduled time for the booking. Failure to reschedule due to dangerous weather as outlined in the sole discretion of the Vendor, or coast guard directive, will result in a cancelled booking and no refund.

If Renter requests to cancel an accepted and confirmed rental before the rental is commenced, Renter shall be refunded all sums paid to AnchorsBook for the rental, less the non refundable service fee. Cancellations by renters within 72hours of the booking start time and date will result in no refund. Vendors may optionally set their own policy for when customer cancels early (found in their listing cancellation policy and/or order note if applicable), otherwise above standard AnchorsBook cancellation and refund policy applies.

Chargeback Policy. If Renter disagrees with any charges, before any dispute is lodged with Renter’s credit card company, Renter shall provide AnchorsBook with a detailed written explanation of such disputed sum within fourteen (14) days of the charge, and the parties shall engage in a discussion related to same. FAILURE TO PROVIDE TIMELY NOTICE OF SAID DISPUTE VOIDS ANY CLAIM OR DISPUTE. At AnchorsBook request, Renter shall provide any additional written explanation or details and/or supporting documentation, in the format desired by AnchorsBook. RENTER SHALL NOT DISPUTE VALID CHARGES ASSESSED IN ACCORDANCE WITH THESE TERMS OF USE.

Vendor understands and acknowledges that AnchorsBook acts merely as a conduit for reservations and payments between Renters and Vendors, and Vendor assumes all rental payment risk. IF A RENTER OBTAINS A CREDIT CARD CHARGEBACK AGAINST ANCHORSBOOK, FOR ANY REASON, AND ANCHORSBOOK HAS ALREADY PAID ALL OR A PORTION OF SUCH AMOUNT TO VENDOR, THEN VENDOR SHALL IMMEDIATELY (WITHIN FIVE (5) DAYS UPON RECEIVING WRITTEN DEMAND FOR SAME) RETURN TO ANCHORSBOOK ALL SUCH AMOUNTS.

Use of Services. The content and information on AnchorsBook’s Services (including, but not limited to, price and availability of watercrafts listed in any inventory database), as well as the infrastructure used to provide such content and information, is proprietary to AnchorsBook, its licensors, its suppliers and providers. While you may make limited copies of your booking documents (and related documents) for watercraft rentals booked through the Services, you agree not to and you have no right to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, content, products, or services obtained from or through the Services. Additionally, you agree not to:

• use the Services or its contents for any commercial purpose without our express written permission;
• send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
• send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
• interfere with or disrupt the integrity or performance of the Services or the data contained therein;
• attempt to gain unauthorized access to the Services or its related systems or networks;
• make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
• access, monitor or copy any content or information of the Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
• violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
• take any action that imposes, or may impose, in AnchorsBook’s discretion, an unreasonable or disproportionately large load on AnchorsBook’s infrastructure;
• deep-link to any portion of the Services (including, without limitation, the purchase path for any watercraft rental reservation) for any purpose without our express written permission; or
• “frame”, “mirror” or otherwise incorporate any part of the Services into any other website or service without our prior written authorization.

AGREEMENT TO ARBITRATE DISPUTES

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH ANCHORSBOOK ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against AnchorsBook on an individual basis in arbitration, as set forth below. This will preclude you from bringing any class, collective, or representative action against AnchorsBook, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against AnchorsBook by someone else.

Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing mo@anchorsbook.com and saying “I opt out of arbitration” in the email within 30 days of first registering your account.

You and AnchorsBook agree that any dispute, claim or controversy (“Claim”) arising out of or relating to this agreement between you and AnchorsBook, including (without limitation) Claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law and (except as otherwise specifically provided in this Agreement) Claims relating to the existence, breach, termination, enforcement, interpretation or validity of this agreement (including the validity of this arbitration clause), shall be settled by binding arbitration administered by the Ontario Arbitration Association, https://adr-ontario.ca/, (the “Administrator”), and not in a court of law (excluding solely non-monetary injunctive or equitable relief as provided below). The Administrator provides information about arbitration, its arbitration rules and procedures, fee schedule and claims forms on its web site or by mail as set forth above. The Administrator will apply the rules and procedures in effect and applicable to the claim at the time the arbitration is filed. The Claim will be heard before a single arbitrator. The arbitration will not be consolidated with any other arbitration proceedings. The arbitrator shall not have any authority to entertain a claim, or to award any relief, on behalf of or against anyone other than a named party to the arbitration proceeding. The Administrator shall resolve each dispute in accordance with applicable law. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

You consent to electronic service of process, with service to be made to the email address we have on record for your account.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND ANCHORSBOOK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND ANCHORSBOOK OTHERWISE AGREE IN WRITING, ANY ARBITRATION OR OTHER LEGAL PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Notwithstanding mandatory arbitration as provided above, you and AnchorsBook each retain the right to seek solely non-monetary injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

You agree that any and all communications and evidence related to any dispute ultimately resolved by arbitration or mediation with the Administrator arising out of or relating to this agreement shall be held and will remain confidential, and that you will not take any action that will harm the reputation of any of the other parties to the arbitration or mediation or AnchorsBook or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, AnchorsBook or other entities involved in or incidental to the arbitration or mediation. You understand that those parties and entities include but are not limited to the claimant, respondent, witnesses, and AnchorsBook.

Notwithstanding any choice of law or other provision in this agreement parties agree and acknowledge that this arbitration clause evidences a transaction involving interstate commerce and that the

Identity Verification

User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each Renter or Vendor’s purported identity. Notwithstanding the foregoing, you agree that you will provide us or the Vendor with whom you book a rental whatever proof of identity we may reasonably request.

You agree to (i) keep your password and online ID for both your AnchorsBook account and your email account secure and strictly confidential, (ii) notify us immediately and select a new online ID and password if you believe your password for either your AnchorsBook account or your email account may have become known to an unauthorized person, and (iii) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your AnchorsBook account and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your AnchorsBook account or your email account, even those transactions that are fraudulent or that you did not intend or want performed.

Exclusion of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND ANCHORSBOOK ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER ANCHORSBOOK NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY.

ANCHORSBOOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO RENTERS OR VENDORS THAT:

• THE INFORMATION PROVIDED BY RENTERS OR VENDORS IS TRUE OR CORRECT,
• WATERCRAFT RENTALS WILL BE AVAILABLE AT ADVERTISED DATES, TIMES, LOCATIONS, AND/OR PRICES, INCLUDING PURSUANT TO A CONFIRMED OR PURCHASED RESERVATION,
• WATERCRAFTS WILL BE COMPLIANT WITH ANY LEGAL OR SAFETY REQUIREMENTS,
• YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
• ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR
• THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

Limitation of Liability

IN NO EVENT WILL ANCHORSBOOK ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO RENTERS, VENDORS, OR ANY PARTY FOR:

• ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE, DAMAGES ARISING OUT OF THE USE, AVAILABILITY OR UNAVAILABILITY OF THE SERVICES (INCLUDING BUT NOT LIMITED TO THE UNAVAILABILITY OR CHANGE IN ADVERTISED AND/OR PURCHASED WATERCRAFT RENTALS) OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF ANCHORSBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
  • ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
  • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
  • ANY CHANGES WHICH ANCHORSBOOK MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
  • YOUR FAILURE TO PROVIDE ANCHORSBOOK WITH ACCURATE ACCOUNT INFORMATION;
  • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
• ANY BODILY INJURY, DEATH, OR PROPERTY DAMAGE THAT MAY OCCUR AS THE RESULT OF A WATERCRAFTING RELATED ACCIDENT, THE RESERVATION FOR WHICH WAS FACILITATED USING ANCHORSBOOK’S SERVICES. YOU AGREE THAT ANCHORSBOOK IS NOT A PARTY TO ANY CONTRACT OR AGREEMENT FOR WATERCRAFT RENTALS AND IS IN NO WAY RESPONSIBLE FOR INJURIES TO PERSONS OR DAMAGE TO PROPERTY WHICH MAY OCCUR DURING OR RELATED TO A WATERCRAFT RENTAL WHETHER AS A RESULT OF THE NEGLIGENCE OF ANY RENTER, WATERCRAFT OPERATOR, OR VENDOR, OR THE SAFETY OF ANY WATERCRAFT OR FOR ANY OTHER REASON. YOU ACKNOWLEDGE AND AGREE THAT ANCHORSBOOK SHALL HAVE NO LIABILITY RELATED TO YOUR BOOKING AND RENTAL OF A WATERCRAFT, AND ANY SUCH BOOKING AND/OR RENTAL IS MADE AT THE RENTER’S AND VENDOR’S SOLE RISK.

Notwithstanding the Terms, if AnchorsBook is held liable, AnchorsBook entire aggregate liability under or arising out of these Terms or the Services shall be limited to the greater of (a) the service fees you paid to AnchorsBook in connection with your use of the Services (if any), or (b) One-Hundred Dollars (US$100.00). Please note that reviews on listings are created by signup up users, and not confirmed customers. Some jurisdictions do not allow the exclusion or limitation of certain damages, so in these jurisdictions the above limitations or exclusions may not apply.

Release and Indemnity. IN THE EVENT OF A DISPUTE BETWEEN A RENTER AND A VENDOR, VENDOR AND RENTER, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS ANCHORSBOOK AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “ANCHORSBOOK PARTIES”) FROM ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), FINES, PENALTIES AND OTHER COSTS OR EXPENSES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, THE “CLAIMS”), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OVER BREACH OF THIS AGREEMENT, BREACH OF ANY SEPARATE AGREEMENT OR TRANSACTION, AND/OR THE SUBSTITUTION OF RENTAL UNITS. FURTHER, VENDOR AND RENTER EACH HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE ANCHORSBOOK PARTIES FROM ANY CLAIMS BROUGHT AS A RESULT OF VENDOR AND/OR RENTER’S (1) BREACH OF THE TERMS, (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND (3) USE OF THE SERVICES. USERS ALSO ACKNOWLEDGE AND AGREE THAT ANCHORSBOOK HAS NO OBLIGATION TO MEDIATE, RESOLVE, OR ADJUDICATE DISPUTES BETWEEN USERS EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE.

Proprietary Materials

The Services contain proprietary materials such as logos, text, software, photos, video, graphics, music and sound. AnchorsBook is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks. In using the Services, you agree not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining AnchorsBook’s prior consent, except you may make limited copies of your booking documents (and related documents) for watercraft rentals booked through the Services.

Unsolicited Ideas and Feedback

From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions.

If you provide any submissions to us, you agree that: (1) we may use or redistribute any such submission and its contents for any purpose and in any way without any compensation to you; (2) there is no obligation for us to review any submission; and (3) there is no obligation to keep any submission confidential.

No Spam, Spyware, or Spoofing

We and our Users do not tolerate spam. You may not use the Site to send spam or otherwise send content that would violate the Terms.

Links to Third-Party Websites or Services

The Services may contain links to other websites, social media platforms or other online services operated by parties other than AnchorsBook (“Third-Party Websites”). AnchorsBook’s links to such other Third-Party Websites is for informational purposes only and does not imply any endorsement of the products, services or material on such Third-Party Websites or any association with their sponsors or operators. You access any Third-Party Websites at your own risk. We are not responsible in any way for such Third-Party Websites or resources. We will not have any liability as a result of your use of such Third-Party Websites and resources, and your use of such sites and resources will not be governed by these Terms.

Other Terms

General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.

Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Assignment. This Agreement, the Terms, the Services and any modifications thereto may not be assigned or in any way transferred by you without the prior written consent of AnchorsBook. AnchorsBook may assign this Agreement, the Terms, and any information you provide without your consent, including, without limitation, in connection with a sale of its business, assets, a merger or other similar transaction.

Governing Law. The terms of this Agreement shall be construed in accordance with the substantive laws of the Province of Ontario, Canada, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.

Choice of Forum and Venue. You hereby consent to the exclusive jurisdiction and venue of courts in Ontario, Canada, in all disputes arising out of the Terms or relating to the use of the Service.

No Responsibility for Acts of God. AnchorsBook shall not be liable for any delay or failure to perform in connection with any booking, Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of the watercraft under legal process, adverse weather conditions, inability to obtain fuel, watercraft damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or docking approvals, clearances or permits by governmental authority, or any other cause which is beyond the control of AnchorsBook. AnchorsBook is hereby released by a User from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.

Severability. If any provision of the Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision.

Waiver. No waiver of any of the Terms shall be deemed a waiver of any other such Terms set forth herein.

Entire Agreement. The Terms constitute the entire agreement between you and AnchorsBook with respect to the subject matter covered herein, including use of the Services and any subject matter therein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.

Termination. AnchorsBook may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User’s use of all or any portion of the Services if you breach the Terms, or at any time or for any reason, at the sole discretion of AnchorsBook.

Non-Endorsement. AnchorsBook does not recommend one Vendor over another and does not provide advice to users regarding which Vendor to select for the rentals. All comments or reviews posted by AnchorsBook users, Renters, or Vendors on our Services do not represent the views of AnchorsBook in any way and are not endorsed by AnchorsBook absent a specific written statement to the contrary.

No Relationship. You agree that no joint venture, partnership, agency or employment relationship exists between you and AnchorsBook as a result of this Agreement or use of the Services.

Notice of Claim. You agree that all disputes arising out of the Terms or the use of AnchorsBook’s Services shall be communicated to AnchorsBook in writing within thirty (30) days from the date of the incident causally related to the dispute. You hereby waive your right to any claim against AnchorsBook not communicated as provided by this Section.

Contacting Us. If you have any questions, concerns or comments about this Agreement or our Services, please contact us.

Any rights not expressly granted herein are reserved by AnchorsBook.

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Vendor Interface Agreement

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Vendor agrees to the terms and conditions of this Vendor Interface Agreement (this “Agreement”) as set forth below; to the Terms of Use Agreement (the “Terms of Use”) and to the Privacy Policy that are posted on the AnchorsBook Website, each of which may be revised or updated by AnchorsBook from time to time and current copies of which can be accessed at: http://www.anchorsbook.com.

Vendor Relationship with AnchorsBook. This Agreement sets forth the Terms and Conditions of Vendor’s use of AnchorsBook’s products, software, services and web Website(s) (collectively “Services”). AnchorsBook means AnchorsBook, Inc. d/b/a AnchorsBook and AnchorsBook.com. (AnchorsBook and Vendor are referred to herein each as a “Party,” and collectively as the “Parties.”) If Vendor does not agree to all of the Terms, Vendor must not use AnchorsBook’s Services. AnchorsBook reserves the right to deny use of its Services to anyone at any time for any reason. Failure to comply with the Terms may result in denial of access to AnchorsBook’s Services and cancellation of Vendor’s AnchorsBook account.

Definitions

“Customer”, “Renter”, or “User” mean a person or organization that purchases Rentals from Vendor with the assistance of AnchorsBook’s Services. “AnchorsBook Website”, or “Website” mean the World Wide Web Website owned by AnchorsBook and which has the URL http://www.AnchorsBook.com and any and all other web Websites owned or operated by AnchorsBook over which AnchorsBook offers online advertisement services. “Vendor”, or “you” mean any registered user of AnchorsBook’s Services that uploads watercraft rental solicitations and any related information to AnchorsBook’s Web Website for the purposes of holding out and offering watercraft rentals or watercraft rental services through the AnchorsBook Website. Vendors include any party involved in offering or providing watercraft rentals to AnchorsBook Users. “Terms” means this Agreement, the Terms of Use and the Privacy Policy.

Order of Precedence with respect to AnchorsBook Terms. The provisions of this Agreement are supplemented by the Terms of Use and the Privacy Policy (a current copy of which can be accessed at: http://www.AnchorsBook.com), which are incorporated herein by reference. (As noted herein, AnchorsBook may revise or update the Terms of Use from time to time.) The Parties’ relationship under this Agreement is governed by the provisions of this Agreement and the Terms of Use, except that the terms of this Agreement take precedence over any conflicting or contradictory provisions in the Terms of Use.

Acceptance. Use of AnchorsBook Services constitutes acceptance of this Agreement. Vendor accepts the Terms and Conditions of this Agreement by: (i) clicking to accept or agree to the Terms and Conditions, where this option is made available by AnchorsBook in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), Vendor understands and agrees that its use of the Services constitutes and denotes acceptance of this Agreement, including all of its Terms and Conditions, from that time onward.

Website Uptime and Display of Vendor-Generated Content. Uptime. AnchorsBook will use commercially reasonable efforts to ensure that interfaces to Vendor and User access to AnchorsBook Services are available without interruption, except for any scheduled down time needed to maintain the effective operation of the AnchorsBook Website and when service interruptions are caused by conditions outside of AnchorsBook’s control. AnchorsBook in no way guarantees that Services will be available without interruption.

Vendor-Generated Content. You understand that all messages, text, postings, files, photos, images or other materials (the “Content”) you post on, transmit through, or link from the Website, are your sole responsibility. You agree that AnchorsBook is only acting as a passive conduit for your online distribution and publication of your Content. More specifically, you are entirely responsible for each individual item of the Content that you make available via the Website. AnchorsBook makes no representation or warranty as to the authenticity, accuracy or completeness of the information contained on the Website. In submitting Content, you represent and warrant that you have sufficient authority and rights to post such Content, and to grant AnchorsBook the rights to use such Content in connection with providing the services.

AnchorsBook is not responsible for any inaccuracy or incompleteness in the information provided by Vendor. It is the Vendor’s obligation to ensure the accuracy of all listing Content (accuracy of watercraft description, seaworthiness of watercraft, qualifications of captain, legal requirements, identification requirements for renters, insurance, etc.). If Vendor discovers that listing details are inaccurate or incorrect, it is the Vendor’s sole responsibility to correct the information in the Vendor account interface or contact a AnchorsBook representative to resolve any such error.

We may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you or giving notice to you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

Posting any Content that AnchorsBook deems threatening, defamatory, infringing, unlawful, abusive, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, profane, libelous, harassing, or otherwise objectionable is prohibited. You also agree to not post Content that violates any third-party rights, including any Intellectual Property Rights, rights of publicity and privacy. AnchorsBook reserves the right to remove Content at its sole discretion.

Failure to Provide Services. If Vendor cancels a Booking or otherwise fails to provide Services to a Renter as required by a Booking, AnchorsBook will give the Renter a Full Refund. Supplier acknowledges that its cancellation or other failure to provide Services damages AnchorsBook’s goodwill and reputation, and causes AnchorsBook to incur additional customer service expenses. Accordingly, if AnchorsBook determines that the cancellation or failure to provide Services was not justifiable (e.g. the result of an act of god Situation), AnchorsBook may deduct a cancellation fee (as liquidated damages), equal to twenty-five percent of the Retail Price of the Services for each affected Renter, from any future payment due to Vendor hereunder. The Parties acknowledge and agree that it would be impractical to estimate the amount of any damages that could arise out of Vendor’s cancellation or other failure to provide Services, and agree that the amount of liquidated damages described above is a reasonable estimate of the actual damages that AnchorsBook would suffer and incur as a result of such cancellation or failure to provide Services. AnchorsBook may, at its sole discretion, opt not to deduct this amount, or to deduct a lesser amount, if Supplier provides an alternative but equivalent Service at the same date to the affected Renters. For the avoidance of doubt, a cancellation resulting from Vendor’s failure to provide accurate Availability information on the AnchorsBook Platform and the failure to provide an invoice to the Renter shall constitute a failure to provide Services for purposes of this section. In addition to the remedies stated above, AnchorsBook may terminate this Agreement for Vendor’s material breach if Vendor fails to provide Services as contracted.

License. You retain all your rights in your Content. By posting such Content you grant AnchorsBook an irrevocable, sub-licensable, transferable, perpetual, non-exclusive, royalty-free, worldwide license to use, duplicate, modify, publish, list information regarding, alter, translate, distribute, publicly perform, publicly display, and make derivative works of, all such Content and your name, voice and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology now known or developed in the future for use in AnchorsBook’s (and its successors’ and affiliates’) business. You also hereby grant each User of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the use of AnchorsBook’s Service.

Copyright Policy & DMCA Notice of Alleged Infringement

Notification of Copyright Infringement

AnchorsBook, Inc. (“AnchorsBook”) respects the intellectual property rights of others and expects its users to do the same.

It is AnchorsBook’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, AnchorsBook will respond expeditiously to claims of copyright infringement committed using the AnchorsBook website and mobile application (the “Site and Application”) that are reported to AnchorsBook’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to AnchorsBook’s Designated Copyright Agent. Upon receipt of the Notice as described below, AnchorsBook will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

DMCA Notice of Alleged Infringement (“Notice”)

1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
   • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to AnchorsBook’s Designated Copyright Agent:Data Protection Officer
c/o AnchorsBook, Inc.
1075 North Service Road West, Unit# 100
Oakville, Ontario L6M2G2
mo@anchorsbook.com

Photographs. If you choose to use the AnchorsBook’s photography service, you agree that AnchorsBook will own all right, title and interest in and to the copyright rights in the resulting images.

Vendor Obligations

Registration. Prior to using Services, Vendor is required to register on the AnchorsBook Website, and perform all actions necessary to comply with the AnchorsBook Website registration requirements and the Terms.

Responsibility for applicable laws, rules and regulations, some of which, such as tax laws, change from time to time and may affect existing bookings Vendors agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to a booking and their use of the Website, their use of any tool, service or product offered on the Website, and any transaction they enter into in connection with their use of the Website.

Vendors further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of watercrafts, the conduct of their rental business, and the operation of any watercraft advertised on the Website, including but not limited to taxes, including as set forth herein, permit or license requirements, inspection and safety compliance, and verification of Renter identification and travel documentation, as applicable. It is the responsibility of the member to: fully vet, train, and make Renters aware of safety features, and ensure there is insurance coverage for each rental when acting as a captained charter, Vendors must ensure they meet all local regulations and licensing to act as a captained charter. Vendors agree that they must file a dispute or claim in writing or through the AnchorsBook dispute form within 12 hours of booking/rental/charter completion time in the order/booking (failure to do so means that AnchorsBook will assume the booking was completed went without issues of any kind, the renter deposit is refunded if applicable, and the vendor is no longer able to make a claim or dispute).

Subscription Fees. Vendors will not be required to pay AnchorsBook any joining or initial subscription fee(s) related to use of AnchorsBook’s Services. AnchorsBook, however, reserves the right to charge subscription fees at any time and shall notify Vendors of any changes in subscription fee policies. The Payment terms in the Terms of Use are expressly incorporated herein. We charge Vendors a starting service fee of the total rental (i.e., the booking and any additional expenses) for use of the Services based on their listing type and region. This fee and any applicable taxes we collect (if any) on the rental and related charges will be deducted from the total amount charged to the Renter before payment is made to Vendor (i.e., the payment amount made to Vendors will be the total rental charged to the Renter less this vendor fee and the taxes we will be remitting to the applicable governmental entity if collected).

Payouts. Vendors will be required to manually request payouts on their online vendor dashboard from AnchorsBook.com to receive earnings. Orders and payouts must be requested within 90 days of booking completion attached to an order. If a pending or completed booking, or order, is cancelled by a user, or a dispute is brought up, AnchorsBook at its sole discretion may withhold part or the full payout amount.

AnchorsBook does not and will not offer advice about insurance or compliance outside of recommending insurance providers in your area. When owners sign up, they agree that they are compliant and take complete responsibility for their own compliance as part of our terms of use.

Any insurance questions should be handled directly between renter and owner as policies, laws, and regulations vary from province to province and by country.

Owners take sole responsibility for making sure their watercraft is safe, secure, and seaworthy.

AS PROVIDED IN THE TERMS OF USE, ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN RENTERS AND VENDORS OTHER THAN PAYMENT THROUGH ANCHORSBOOK IS A VIOLATION OF THIS AGREEMENT.

User-Vendor Communications. You agree that, with respect to other Vendors’ or Users’ personal information that you obtain directly or indirectly from or through the Website or through any Website-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Website-related communications that are not unsolicited commercial messages, (b) using services offered through the Website, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other Vendor or User related to the purpose of the Website (such as inquiring about or booking an on-line rental and transacting payment). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.

In all cases, you must give Users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another Vendor or User to any third party without both our consent and the consent of the Vendor or User. You agree that other Vendors or Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect Vendors’ or Users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

No Spam. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Vendor or User, even a User who has rented a watercraft from you, to your mailing list (e-mail or physical mail) without the Vendor’s or User’s express consent. You may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Website or through any tool or service provided on the Website and for your use of any personal information of Users you obtain through the Website or otherwise in connection with your participation in the Services.

Content and Layout

All Content and copy edits submitted by Vendors are subject to review and approval at AnchorsBook’s sole discretion. We reserve the right to refuse to publish any Content that we determine, in our sole discretion, does not comply with the Terms or is otherwise unacceptable to us. However, we assume no duty to review Content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, Content and/or photographs or any change made to any Content, photograph or copy submitted by any member. All Content must meet these Terms. We reserve the right to edit Content submitted to the Website in a non-substantive manner solely to cause the Content to comply with our Content guidelines or formatting requirements. Vendors are responsible for reviewing and ensuring that any Content displayed on the Website appears as the Vendor intended.

Indemnification

Vendor (the “Indemnifying Party”) will defend and indemnify AnchorsBook (the “Indemnified Party”) against any and all claims, losses, costs and expenses, including reasonable attorneys’ fees, that the Indemnified Party may incur as a result of claims in any form by third parties arising from: (a) the Indemnifying Party’s intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements); (b) the Indemnifying Party’s breach of any representation, warranty or covenant set forth herein; (c) the infringement of any third party’s intellectual property by any trademarks or other intellectual property provided by the Indemnifying Party to the Indemnified Party; and (d) the Indemnifying Party’s failure to collect all taxes, fees and charges that may be applicable to the watercraft rental services being offered for sale by the Indemnifying Party to the extent those taxes were as a result of the Indemnifying Party’s failure to notify the Indemnified Party of the change in location of delivery of the watercraft to the renter and such location resulted in a change in applicable taxes (see next section).

Taxes

Commencing with bookings made on and after the date set forth at the top of the first page AnchorsBook will commence in some jurisdictions to charge and collect from the User all applicable state, local taxes or other taxes, including VAT, that AnchorsBook is required by law to collect which may not include all applicable taxes on the rental amount and other charges made to the User through AnchorsBook. The collection approach will be implemented over time and not it will not be implemented in every jurisdiction on the date noted. AnchorsBook will notify Vendors in affected jurisdictions on the date it will commence charging and collecting in the jurisdiction that includes the Vendor’s zip code. Pursuant to this agreement when AnchorsBook commences collection of such taxes, you instruct and authorize AnchorsBook to collect such taxes on your behalf, and to remit such taxes to the relevant authority. Any taxes that are collected and remitted by AnchorsBook will be are identified to Vendors on their transaction records, as applicable. AnchorsBook may charge and collect additional amounts from Vendors (including by deducting such amounts from future payouts) in the event that the taxes collected and/or remitted are insufficient to fully discharge such Vendor’s or AnchorsBook’s tax obligations. You acknowledge and agree that we retain the right, with prior notice to affected Vendors, to cease the collection and remittance of taxes in any jurisdiction for any reason.

We hereby certify to the Vendor that we will collect only such amounts that to our knowledge AnchorsBook is legally required to collect based on the information known to us, and we will remit such collected amount to the applicable taxing authority, which may not include all other taxes or sums the Vendor is required to collect and remit. The Vendor is not to collect any taxes from the Renter that AnchorsBook collects and, unless otherwise required in the jurisdiction that includes the Vendor’s zip code, should not report them on any sales and use tax or other tax return for such jurisdiction such Vendor otherwise files for other taxes collected or remitted on a return for the Vendor’s other taxable activities in the jurisdiction where AnchorsBook collects and remits such taxes. Vendors should collect and remit all applicable taxes that are not collected by AnchorsBook. AnchorsBook will make the determination of the applicable amount to be charged based on the zip code of the Vendor on file with AnchorsBook unless and until the Vendor advises AnchorsBook in writing of a change in the location of where the watercraft will be delivered to a User. The failure of the Vendor to immediately and timely notify AnchorsBook of the actual or planned delivery of possession of the watercraft to a User in a location other than the Vendor’s zip code will result in the Vendor being liable and obligated to pay or reimburse AnchorsBook for any excess taxes, penalties or interest that is or will be due on such excess taxes.

In certain jurisdictions, the law or regulations may require that we that report information about you, or withhold taxes or other amounts from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold from payouts to you, we may withhold payouts up to the amount as required by law or as we are directed by an applicable governing authority, until sufficient documentation is provided. You agree that AnchorsBook may issue on your behalf invoices or similar documentation to facilitate accurate tax reporting associated with a booking.

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