THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT –

(REFER TO SECTION TITLED “DISPUTE RESOLUTION”.) THIS AFFECTS YOUR RIGHTS WITH RESPECT TO ANY “DISPUTE.” WE ADVISE THAT YOU TO READ THIS ENTIRE AGREEMENT, INCLUDING THAT PROVISION, CAREFULLY.

Aleluc Charter connects Boat Owners to Renters seeking luxury boating experiences. Our website www.aleluccharter.com (known as, the “Site”) along with any other features, software or services provided, owned, or operated by Aleluc Charter that link to these Terms will be known collectively as “Services”.

Definitions

“Bareboat Rental” A rental of a Boat supported by a written agreement whereby the Boat Owner transfers “the incidents of ownership” including but not limited to full possession, control and use of the Boat to Renter and Renter is responsible for all aspects of the Boat during the Rental including manning, provisioning and otherwise.

“Boat(s)” means marine vessels.

“Owner” means a person who has a Listing via the Services, and as such is responsible for approving rentals, checking in or out a Renter, or responding to messages on the website. The Owner does not have to be the boat Boat Owner, but will need to be appointed and approved by the Boat Owner.

“Renter” means a Member who requests a booking of a Boat via the Services.

Ownership and Intellectual Property

The Services and all Content are owned by Aleluc Charter or its licensors and are protected by copyright, trademark, and other intellectual property laws. You agree not to copy, modify, distribute, transmit, display, perform, or create derivative works based on any of the Services or Content, in whole or in part, without the prior written consent of Aleluc Charter or its licensors.

Prohibited Conduct

You agree not to use the Aleluc Charter Services to engage in any of the following activities:

• any unlawful, fraudulent, or malicious activity;

• any activity that infringes or misappropriates the intellectual property rights of others;

• any activity that violates the privacy or publicity rights of others;

• any activity that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;

• any activity that encourages or promotes conduct that could constitute a criminal offense or give rise to civil liability;

• any activity that interferes with or disrupts the Services or the servers or networks used to provide the Services;

• any activity that violates any applicable law or regulation.

Termination

Aleluc Charter may terminate or suspend your Account or access to the Services at any time, with or without cause, and without notice or liability to you. Upon termination or suspension, your right to access the Services and any Content will immediately cease, and Aleluc Charter may delete or remove any Member Content associated with your Account. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALELUC CHARTER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES.

Limitation of Liability

IN NO EVENT SHALL ALELUC CHARTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE three (3) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

How the Service Work

The Services enable the listing and booking of various types of watercraft, referred to as Boats. Owners add these Boats to the Listings on the Services. You can browse Listings as a visitor, but to book a Boat or create a Listing, you need to register and create an Aleluc Charter Account (defined below). Aleluc Charter provides a platform and technology that allows Renters and Owners to connect online and make arrangements for Boat bookings. It’s important to note that Aleluc Charter is neither an Owner nor an operator of Boats, such as powerboats, sailboats, ski boats, yachts, houseboats, kayaks, or any other type. It also does not provide or sell Boats or transportation/travel services. Aleluc Charter’s role is limited to: (i) facilitating the availability of the Services and (ii) acting as the limited agent of each Owner solely to accept payments from Renters on behalf of the Owner.

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF BOATS. ALELUC CHARTER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND/OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY BOATS. ALELUC CHARTER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BOATS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.

Boat Listings

As a Member, you may create Listings. You will be asked a variety of questions about the Boat to be listed, including, but not limited to, the value, location, size, features, availability of the Boat, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Services. Other Members will be able to book your Boat via the Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Boat, the price for such booking may not be altered without contacting customer service (contact@Aleluccharter.com).

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, a Boat in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Boat included in a Listing you post, including, but not limited to, insurance requirements, coast guard regulations, zoning laws, marina regulations, and laws governing rentals and operation of Boats and (b) not conflict with the rights of third parties. Please note that Aleluc Charter assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations. Aleluc Charter reserves the right, at any time and without prior notice, but without obligation to do so, to remove or disable access to any Listing for any reason, including Listings that Aleluc Charter, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

You understand and agree that Aleluc Charter does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your Boat and uses your Boat, any agreement you enter into with such Renter is between you and the Renter and Aleluc Charter is not a party thereto. Notwithstanding the foregoing, Aleluc Charter serves as the limited authorized payment agent of the Owner for the sole purpose of accepting payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner.

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Boat, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Boat. Any Member wishing to book Boats included in Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information.

If you are an Owner, Aleluc Charter makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking your Boat. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.

No Endorsement

Aleluc Charter does not endorse any Members or Boats. While our Terms require Members to provide accurate information, we do not verify the identity or other details provided by Members. It is your responsibility to assess the identity and suitability of individuals you interact with through the Services. We will not be held accountable for any damage or harm resulting from your interactions with other Members, except as outlined in the Aleluc Charter Terms.

By using the Services, you acknowledge that any legal action or liability you seek against other Members or third parties will be limited to those specific individuals who caused you harm. You agree not to hold Aleluc Charter liable or seek legal recourse against us for such actions or omissions. We encourage you to directly communicate with other Members on the Services regarding any bookings or Listings you make. This limitation does not apply to any claims made by an Owner against Aleluc Charter concerning payment remittance from a Renter, which will be subject to the limitations described in the “Limitation of Liability” section below.

Bookings and Financial Terms

As a boat Owner, if a booking is requested for your Boat via the Services, you may be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Aleluc Charter in its sole discretion) or the booking request may be automatically canceled. When a booking is requested via the Services, we will share with you (i) the first and last name of the Renter who has requested the booking, and, (ii) a link to the Renter’s Aleluc Charter Account profile page, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a Boat within such 24 hour period, any amounts collected by Aleluc Charter for the requested booking may be refunded to the applicable Renter’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Renter, Aleluc Charter will send you an email, text message or message via the Services confirming such booking, depending on the selections you make via the Services.

If the Renter requests a booking from one of the alternative listings and the Owner associated with such alternative listing confirms the Renter’s requested booking, then the Renter agrees to pay Aleluc Charter the Total Fees relating to the confirmed booking for the Boat in the alternative listing, in accordance with these Terms.

The fees displayed in each Listing include the Boat Fees and the Reservation Fees. Where applicable, Taxes may be charged in addition to the Reservation Fees and Boat Fees. The Boat Fees, the Reservation Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Renter solely relating to an Owner’s Boat which are actually collected by Aleluc Charter are the Boat Fees. Please note that it is the Owner, and not Aleluc Charter which determines the Boat Fees. The Boat Fees may include cleaning fees and / or pre-paid fuel charges, at the Owner’s discretion.  

The Renter is liable for all fuel expenses during the term of a Bareboat Rental.  To the extent that an Owner seeks reimbursement for fuel expenses incurred by the Renter directly from the Renter, a receipt must be presented.  Without a receipt the Owner will be unable to obtain reimbursement. This is true if the reimbursement is processed through Aleluc Charter or directly between the Renter and Owner.  Following presentation of the receipt Aleluc Charter may first attempt to collect from the deposit or may charge the Renter’s card if the deposit is no longer on file.

Aleluc Charter charges a fee to Renters based upon a percentage of the Boat Fees; this charge is referred to as the “Reservation Fees”. The Reservation Fee is added to the Boat Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Aleluc Charter will collect the Total Fees at the time of booking confirmation (i.e. when the Owner confirms the booking within 24 hours of the booking request) and will initiate payment of the Boat Fees (less Aleluc Charter’s Service Fees as defined in the Fees Policy https://www.aleluccharter.com/fees) to the Owner two business days provided Aleluc Charter has the accurate account information after the Renter arrives at the applicable Boat (except to the extent that a refund is due to the Renter).

Failure to charge any of the fees or other indulgences shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time.

Should a Renter not respond to an inquiry (such as regarding a fuel expense), Aleluc Charter may accept and process charges for damages, late fees, or fuel on behalf of that Renter.  If an Owner does not respond, Aleluc Charter may process refunds or cancellations on behalf of that Owner.

You also agree that if Aleluc Charter is unable to collect a debt that is due within 30 (thirty) days, it may resort to a third party recovery service for the amount owed. In the event a third party recovery service is used, you agree that Aleluc Charter may pursue an action against you for the original amount owed, plus any commissions or expenses (including attorneys’ fees) related to pursuing said amount.

Agreed Exclusivity with Aleluc Charter

As an Owner, you agree to use the Service to communicate and facilitate a rental with a Renter. You agree not to take any action directly or indirectly to circumvent the Service Fee Policy. If you do so, you agree that Aleluc Charter may charge you a fee up to $1,000 per booking, in addition to the Service Fees otherwise owed to Aleluc Charter.  Aleluc Charter may collect the fee from future bookings or otherwise.

Minimum Age to Rent

The minimum age to rent varies by type of rental  (Bareboat operated by Renter, Bareboat operated by a Captain hired by Renter, Time Charter (Owner operated)). For all boats that are not covered under the Peer-to-Peer Boat Rental Insurance Policy through Geico (ie. have their own policy), the minimum age to rent a Boat is 18. For Bareboat rentals operated by Renter and insured through the policy made available via the Services during the rental, the minimum age is 25 and each Renter must pass a Renter verification. For Bareboat Rentals that are operated by licensed captains hired by Renter that are insured through the policy made available via the Services during the rental, the minimum age is 18.

Insurance

It is the Renter’s responsibility to  review the insurance for their rental. Please review any insurance policy carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of, or relating to Renters or any hired Captains (and the individuals the Renter invites to the rental, if applicable) while on the Boat. If the Owner is using the Peer-to-Peer Boat Rental Insurance Policy through Geico it can be reviewed here, please send any questions to Aleluccharterunderwriting@BoatUS.com or call 877-510-2628.

Appointment of Aleluc Charter as Limited Payment Agent for Owner

Each Owner hereby appoints Aleluc Charter as the Owner’s limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner. Each Owner agrees that payment of Boat Fees made by a Renter to Aleluc Charter shall be considered the same as a payment made directly to the Owner and the Owner will make the Boat available to Renter in the agreed upon manner as if the Owner has received the Boat Fees. Each Owner agrees that Aleluc Charter may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the Boat Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized payment agent of the Owner, Aleluc Charter assumes no liability for any acts or omissions of the Owner.

From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method.  Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to either do so or to inform users of any such actual or suspected activity.

You are immediately responsible to Aleluc Charter for all credit card disputes, refunds, reversals, or fines regardless of the reason or timing. In many but not all cases, you may have the ability to challenge such actions by submitting evidence to contact@aleluccharter.com. We may request additional information to provide to Financial Services Providers to assist you in contesting the charge, but we cannot guarantee that your challenge will be successful. Financial Services Providers may deny your challenge for any reason they deem appropriate. Where a challenge is entirely or partially successful, a Financial Services Provider may credit funds associated with the charge that is the subject of the dispute (or a portion thereof).

Please keep in mind that you are liable for all losses you incur when lost or stolen payment credentials or accounts are used to purchase products or services from you. Aleluc Charter does not and will not insure you against losses caused by fraud under any circumstances. For example, if someone pretends to be a legitimate Renter but is a fraudster, you will be responsible for any resulting costs, including credit card disputes, even if the Rental has been rendered. Even if we work with you to assist you or law enforcement in recovering lost funds, Aleluc Charter is not liable to you, or responsible for your financial losses or any other consequences of such fraud.

No Charge for Listings

Please note that Aleluc Charter does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Aleluc Charter reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings, or for other features of the Services. Please note that Aleluc Charter will provide notice of any such additional fees via the Services, prior to implementing such fees.

Bookings and Financial Terms for Renters

Aleluc Charter is not responsible for fulfilling confirmed bookings or providing the reserved Boats. As a Renter, if you choose to proceed with a transaction with an Owner to book a Boat, you understand that you will enter into an agreement with the Owner. You agree to abide by any terms, conditions, rules, and restrictions set by the Owner for the Boat. You acknowledge that Aleluc Charter is not a party to these agreements, except for its obligation to pay Boat Fees to the Owner. Aleluc Charter disclaims all liability arising from or related to these agreements. However, Aleluc Charter acts as the limited payment agent of the Owner, solely for the purpose of accepting payments from you. Once you pay the required amounts to Aleluc Charter, your payment obligation to the Owner is fulfilled, and Aleluc Charter is responsible for remitting the funds, minus Reservation Fees, to the Owner. If Aleluc Charter fails to remit the amounts to the Owner, the Owner can seek recourse only from Aleluc Charter.

The Listings for Boats will specify the Total Fees. As mentioned earlier, the Owner must confirm or reject a booking within 24 hours of the request, as determined by Aleluc Charter. Failure to do so may result in automatic cancellation of the requested booking. If a booking is canceled (i.e., not confirmed by the Owner), any collected amounts by Aleluc Charter will be refunded to you based on your selected preferences, and any credit card pre-authorization will be released, if applicable.

For any confirmed booking requested through your Aleluc Charter Account, you agree to pay Aleluc Charter the Total Fees. To secure a booking while awaiting confirmation from the Owner, Aleluc Charter reserves the right, at its sole discretion, to (i) obtain a pre-authorization on your credit card for the Total Fees or (ii) charge a nominal amount, not exceeding one dollar ($1), to verify your credit card. Once the applicable Owner confirms your booking, Aleluc Charter will collect the Total Fees as per these Terms and the pricing terms specified in the Listing. Please note that Aleluc Charter is not responsible for any fees charged by your bank in relation to the collection of Total Fees, and Aleluc Charter disclaims any liability in this regard.

When making a booking request, you will be required to provide billing information, including your name, billing address, and credit card details, either to Aleluc Charter or its third-party payment processor. You agree to pay Aleluc Charter for any confirmed bookings made through your Aleluc Charter Account, following the payment methods described on the Service (e.g., PayPal or credit card). By requesting the booking, you authorize Aleluc Charter or its third-party payment processor to charge the provided credit card for the applicable amounts. This authorization also covers charges for damages to the Boat (as described in the “Damage to Boats” section) and Security Deposits, if applicable. If you are redirected to Aleluc Charter’s third-party payment processor, you may be subject to their terms and conditions and personal information handling practices. Please review their terms and privacy policy before using their services. Once your confirmed booking transaction is complete, you will receive a confirmation email summarizing the details of your booking.

Payment Processing Errors and Chargebacks

Aleluc Charter will take steps necessary to rectify any payment processing errors that we become aware of, including crediting or debiting the same payment method used for the original payout to you. If an Owner is paid for a trip erroneously or a chargeback takes place, Aleluc Charter will first attempt to debit the funds from the provided bank account. If Aleluc Charter is unable to debit the funds to the Renter, the Owner is responsible for returning those funds within seven (7) days. Aleluc Charter may collect all future payouts until the erroneous payment or chargebacks have been resolved.

Payment Processor Terms (Stripe)

Payment processing services on Aleluc Charter are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). You agree to be bound by the Stripe Services Agreement. You also authorize Aleluc Charter to share with Stripe transaction information related to your use of the payment processing services provided by Stripe.

Security Deposits

Aleluc Charter includes a security deposit in every Listing (“Security Deposits”). For all Security Deposits included in a Listing for a confirmed booking of a Boat, Aleluc Charter will, in its capacity as the payment agent of the Owner, use its commercially reasonable efforts to obtain a pre-authorization of the Renter’s credit card in the amount the Owner determines for the Security Deposit within a reasonable time prior to the Renter’s check-in at the applicable Owner’s Boat. Aleluc Charter will also use its commercially reasonable efforts to address Owners’ requests and claims related to Security Deposits, but Aleluc Charter is not responsible for administering or accepting any claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.

If an Owner does not respond to the questions related to a Security Deposit capture within 7 days of the rental date, the damages will be considered resolved.  As a result, the Renter’s Security Deposit will be refunded and the Owner will no longer have any rights to the funds.

Renters are always responsible for having a card on file with sufficient funds available to cover the Security Deposit and any applicable deductible.  Aleluc Charter reserves the right to cancel the booking if the Security Deposit was not captured within 24 hours of the rental. If a booking has concluded and the Security Deposit was not captured, Aleluc Charter reserves the right to charge any/all payment methods in order to secure the necessary funds.

Service Fees

In consideration for providing the Services, Aleluc Charter collects service fees from Owners and Renters. Service Fees are made up of two (2) components: (i) Reservation Fee and (ii) an Owner Commission Fee that is charged to the Owner, each is based upon a percentage of the amount of the Boat Fees. Where applicable, Taxes may also be charged. Owner Commission Fees are deducted from the Boat Fees before remitting the Boat Fees to the Owner. Reservation Fees are, as noted above, included in the Total Fees.

The agreed upon Owner payout amount will be remitted by Aleluc Charter to Owners via direct deposit or other payment methods described on the Services, in U.S. dollars. More information on Services Fees can be found at http://www.aleluccharter.com/fees. Except as otherwise provided herein, Service Fees are non-refundable.

Bareboat Rentals:  Where a Renter elects to hire a captain to meet the minimum manning requirements for a Boat during a Bareboat Rental the following applies:

Renter is free to select any captain who  meets the minimum manning qualifications established by the Owner for the rental. This includes any captain made available through the Services or any captain not listed on the site that the Renter chooses, subject to confirmation and qualification of that captain by underwriters.

Boat Captain Service Agreement. The hiring of a captain by a Renter is subject to the terms and conditions of the Boat Captain Service Agreement between the Renter and the Renter’s chosen captain.

No Endorsement. In order to promote safety and a great experience Aleluc Charter may provide a list of available captains whom have been preapproved by underwriters and which may be available to be hired by the Renter whether required by the Owner or requested by the Renter. Aleluc Charter CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR OFFERINGS BY CAPTAINS NOR THE CONDITION, LEGALITY, SUITABILITY, INSURABILITY OR QUALIFICATIONS OF ANY CAPTAINS. Aleluc Charter never approves or endorses any captain. Aleluc Charter requires captains to submit evidence of their qualifications at the time of initial sign up but does not and is not responsible to ensure that a captain’s credentials remain current at the time of any particular Rental. Ensuring that a captain is currently credentialed and properly qualified for a particular Boat or rental is the sole responsibility of the Renter.

Captains Are Strictly Retained by Renter. Renter agrees that it alone will be the employer of any captain selected and / or hired by Renter and that said captain will be so notified by Renter and agree that they are not the employee or borrowed servant of the Owner or Aleluc Charter and will make no claims of any kind against Owner or Aleluc Charter on the basis of any alleged employment relationship.

Renter is solely responsible for obtaining / confirming the proper insurance coverage for any paid operator /Captain hired by the Renter.

Captain’s Fee. Captains are responsible to set the net amount they wish to charge for their Services. Renter’s are responsible for payment of the captain’s fee.  In the event of a Rental being canceled by Owner the policy as set forth in the Boat Captain Service Agreement will control.

General Booking and Financial Terms

• Damage to Boats – Bareboat Rentals
  
  • As a Renter, it is your responsibility to return the Boat in the same condition as it was delivered, except for normal wear and tear. You acknowledge and agree that you are accountable for your own actions and omissions during the rental period. Additionally, you are responsible for the actions and omissions of any individuals you invite or grant access to the Boat.
  • If a Boat Owner claims that the Boat was damaged during the rental and provides evidence of the damage (such as photographs), you agree to cover the cost of repairing the damage or replacing the affected items with equivalent ones. Once you are notified of the claim and given a 48-hour response period, the payment will be charged to the credit card associated with your Aleluc Charter Account. Aleluc Charter reserves the right to charge the credit card on file or pursue alternative methods of collecting payment, including using Security Deposits, in situations where you have been deemed, at Aleluc Charter’s sole discretion, responsible for damaging the Boat. This includes cases involving payment requests from Boat Owners and payments made by Aleluc Charter to Boat Owners. If we are unable to charge the credit card or collect payment from you, you agree to make payment directly to the relevant Boat Owner or to Aleluc Charter (if applicable) for any damage caused to the Boat.
  • Both Renter and Boat Owner agree to cooperate with and assist Aleluc Charter in good faith, and to provide Aleluc Charter with such information and take such actions as may be reasonably requested by Aleluc Charter, in connection with any complaints or claims made by Members relating to Boats or any personal or other property located at a Boat or with respect to any investigation undertaken by Aleluc Charter or a representative of Aleluc Charter regarding use or abuse of the Site, Application or the Services. If you are a Renter, upon Aleluc Charter’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Boat Owner, at no cost to you, which process will be conducted by Aleluc Charter or a third party selected by Aleluc Charter, with respect to losses for which the Boat Owner is requesting payment from Aleluc Charter under these terms. When an insurance claim is filed the Renter’s Security Deposit will be captured and if applicable used to cover the insurance deductible.

Cancellations and Refunds

As a Renter, if you cancel your requested booking before the requested booking is confirmed by an Owner, Aleluc Charter will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made via the Services, either prior to or after arriving at the Boat, the cancellation policy of the Owner contained in the applicable Listing will apply to such cancellation. Our ability to refund the Boat Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Services.

If an Owner cancels a confirmed booking made via the Services, (i) Aleluc Charter will refund the Total Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the Renter may receive an email or other communication from Aleluc Charter containing alternative available Listings and other related information. If the Renter requests a booking from one of the alternative Listings and the Owner associated with such alternative Listing confirms the Renter’s requested booking, then the Renter agrees to pay Aleluc Charter the Total Fees relating to the confirmed booking for the Boat in the alternative Listing, in accordance with these Terms. If an Owner cancels a confirmed booking and you, as a Renter, have not received an email or other communication from Aleluc Charter, please contact our support team via a support ticket.

Taxes

IRS regulation, regarding federal tax reporting requirements, stipulates that Aleluc Charter must collect IRS Form W-9 from all Owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Aleluc Charter cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from an Owner, Aleluc Charter may issue a valid VAT invoice to such Owner.

Depending on your account status, forms submitted to Aleluc Charter, and other factors, you may receive a Tax form from Aleluc Charter. As always, we encourage you to consult a tax professional for assistance reporting your income. Aleluc Charter expects to issue Tax forms as follows::

1099 K Requirements – The Internal Revenue Service (IRS) requires that all US companies operating as a third party settlement organization (TPSO) report any information concerning third network transactions of any participating payee only if, for the calendar year:

The gross amount of total reportable payment transactions exceeds $20,000, AND The total number of such transactions exceeds 200. If a business makes payments via a third party settlement organization as well as cash or check to the same independent contractor, the TPSO will be required to report the amount of reportable transactions that exceed the de minimis thresholds on Form 1099-K.  If you cross both IRS thresholds in a calendar year, Aleluc Charter will provide you with a Form 1099-K.

Keep in mind that Aleluc Charter cannot and does not offer tax-related advice to any members on the site. Additionally, please note that each Owner is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in listings. You can read more on taxes by clicking on the link to the IRS page that better explains the Sharing Economy Tax.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services and Content. In connection with your use of our Services, you may not and you agree that you will not:

violate any local, state, provincial, national, maritime or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law and Tax regulations;

use manual or automated software, devices, scripts, robots, other means or processes to access, scrape, crawl or spider any web pages or other services contained in the Services or Content;use the Services for any commercial or other purposes that are not expressly permitted by these Terms;Falsely imply that Aleluc Charter endorses you, is a partner, or otherwise misleads others as to your affiliation with Aleluc Charter; copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; Use boat ramps where you have not been authorized to operate.infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to the rental of boats; stalk or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Aleluc Charter Renter or Owner; offer, as an Owner, any Boats that you do not yourself own or have permission to rent; offer, as an Owner, any Boat that may not be rented pursuant to the terms and conditions of an agreement with a third party; register for more than one Aleluc Charter Account or register for a Aleluc Charter Account on behalf of an individual other than yourself; contact an Owner for any purpose other than asking a question related to a booking such Owner’s Boats or Listings; contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Site, Application and Services; when acting as a Renter or otherwise, recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to Aleluc Charter, without Aleluc Charter’s prior written approval; impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; use automated scripts to collect information or otherwise interact with the Services; use the Services to find an Owner or Renter and then complete a booking of a Boat transaction independent of the Services in order to circumvent the obligation to pay any Service Fees related to Aleluc Charter’s provision of the Services; as an Owner, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor; post, upload, publish, submit or transmit any Content that, in Aleluc Charter’s sole judgment: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame the Services, or any individual element within the Services, Aleluc Charter’s name, any Aleluc Charter trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Aleluc Charter’s express written consent;access, tamper with, or use non-public areas of the Services, Aleluc Charter’s computer systems, or the technical delivery systems of Aleluc Charter’s providers;attempt to probe, scan, or test the vulnerability of any Aleluc Charter system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Aleluc Charter or any of Aleluc Charter’s providers or any other third party (including another user) to protect the Services or Collective Content;

forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or

advocate, encourage, or assist any third party in doing any of the foregoing.

Aleluc Charter will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Aleluc Charter may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Aleluc Charter has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Aleluc Charter reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Aleluc Charter, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

Privacy

See Aleluc Charter’s Privacy Policy at https://www.aleluccharter.com/privacy-policy for information and notices concerning Aleluc Charter’s collection and use of your personal information.

Ownership

The Services are owned and operated by Aleluc Charter. Unless otherwise indicated, all content, information, and other materials on the Services (excluding Member Content), including, without limitation, Aleluc Charter’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Services are the property of Aleluc Charter or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Aleluc Charter, by agreeing to these Terms you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Services solely for your personal use or business use as identified in these Terms.  

Aleluc Charter can terminate this license at any time, without notice.No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Aleluc Charter or its licensors, except for the licenses and rights expressly granted in these Terms.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Aleluc Charter used herein are trademarks or registered trademarks of Aleluc Charter. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback through our support portal via a support ticket. You acknowledge and agree that all Feedback will be the sole and exclusive property of Aleluc Charter and you assign to Aleluc Charter all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Aleluc Charter’s request and expense, you will execute documents and take such further acts as Aleluc Charter may reasonably request to assist Aleluc Charter to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Dispute Policy

Aleluc Charter respects copyright law and expects its users to do the same.  If you are a copyright owner or agent thereof and believe that content posted on the Aleluc Charter Services infringes upon your copyright, please submit a notice following our Policy, which include further information about what to include in your notice, and where to submit your notice.

Termination and Aleluc Charter Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your Aleluc Charter Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you at our discretion, which we are legally obligated to pay you. In the event Aleluc Charter terminates these Terms, or your access to our Services or deactivates or cancels your Aleluc Charter Account you will remain liable for all amounts due hereunder. You may cancel your Aleluc Charter Account at any time by contacting us via a support ticket. Please note that if your Aleluc Charter Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT Aleluc Charter DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ALELUC CHARTER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Aleluc Charter MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY BOATS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Aleluc Charter MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, BOATS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Aleluc Charter OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT Aleluc Charter DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY BOATS. Aleluc Charter MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY Aleluc Charter.

YOU AUTHORIZE Aleluc Charter, DIRECTLY OR THROUGH THIRD PARTIES SUCH AS COGNITO, TO MAKE ANY INQUIRIES WE CONSIDER NECESSARY TO HELP VERIFY OR CHECK YOUR IDENTITY OR PREVENT FRAUD. THIS MAY INCLUDE ASKING YOU TO PROVIDE A FORM OF GOVERNMENT IDENTIFICATION (E.G. DRIVER’S LICENSE OR PASSPORT), YOUR DATE OF BIRTH, AND OTHER INFORMATION REQUIRING YOU TO TAKE STEPS TO CONFIRM OWNERSHIP OF YOUR EMAIL ADDRESS, PAYMENT METHODS OR PAYOUT METHODS; OR ATTEMPTING TO SCREEN YOUR INFORMATION AGAINST THIRD PARTY DATABASES. Aleluc Charter RESERVES THE RIGHT TO CLOSE, SUSPEND, OR LIMIT ACCESS TO THE PAYMENT SERVICES IN THE EVENT WE ARE UNABLE TO OBTAIN OR VERIFY ANY OF THIS INFORMATION.

NOTWITHSTANDING Aleluc Charter’S APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, Aleluc Charter EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY BOATS VIA THE SERVICES, , AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER Aleluc Charter NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY BOAT VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Aleluc Charter HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL Aleluc Charter’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY BOAT VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY BOAT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY Aleluc Charter TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Aleluc Charter AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Aleluc Charter and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking or use of a Boat, (iii) creation of a Listing or (iv) the use, condition or rental of a Boat by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Boat.

Export Control and Restricted Countries

By using the Services, you represent and warrant that (i) neither you nor your listed Boat is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Aleluc Charter does not permit Listings associated with certain countries due to U.S. embargo restrictions.

Reporting Misconduct

If you interact with another user of the Services who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Aleluc Charter by contacting us with your police station and report number via a support ticket.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Aleluc Charter and you regarding the Services, Collective Content, and any bookings or Listings of Boats made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Aleluc Charter and you regarding the foregoing.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Aleluc Charter’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, shall be void. Aleluc Charter may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Aleluc Charter (i) via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

By using the Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Aleluc Charter.

You and we agree to submit to the personal jurisdiction of a state court located in Broward County, Fort Lauderdale, Florida  or a United States District Court, Southern District of Florida located in Fort Lauderdale, Florida for any actions for which the parties seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution

You and Aleluc Charter agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ALELUC CHARTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Aleluc Charter otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. With the exception of claims under $15,000 in value, any arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section

You agree that any dispute, claim, or controversy under $15,000 in value arising out of or relating to these Terms, whether between you and Aleluc Charter or between you and other users, or the existence, breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration administered by Fairclaims (www.FairClaims.com) and not in a court of law, in accordance with FairClaims’ procedures effective at the time a claim is made. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at https://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Aleluc Charter otherwise agree, the arbitration will be conducted in Fort Lauderdale, Florida, USA. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Aleluc Charter will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Claims.  YOU AGREE THAT ANY DISPUTES ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES.  OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED.

EU Residents.  

If you are a consumer and have your habitual residence in the EU, you can elect to enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.  You may bring a claim to enforce your consumer protection rights in connection with these Terms or in the EU country in which you live. The European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr/.

Changes. 

Notwithstanding the provisions of the Modification section above, if Aleluc Charter changes this Dispute Resolution section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (via a support ticket within 30 days of the date such change became effective, as indicated in the Last Updated Date above or in the date of Aleluc Charter’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Aleluc Charter in accordance with the provisions of this Dispute Resolution section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).