Terms of Service
Your Relationship with BYRBO.com
Update September 15, 2017
You accept the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you by BYRBO in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), you understand and agree that BYRBO treats your use of the Services as acceptance of the Terms from that point onward.
BYRBO 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 this Website and the Terms periodically for changes. Your use of the Services after such Terms are posted will mean that you accept such Terms.
BYRBO is a Venue and is Not a Party to any Rental Agreement or other Transaction between Users of the Website.
BYRBO is Only a Venue. BYRBO.com acts as a venue for users of the Website as renters ("Renters") and boat owners ("Members") to view and post available boats to facilitate the rental of such boats. BYRBO is not a party to any actual agreement or transaction between Renters and Members 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 boat directly from a Member. Thus, BYRBO.com has no control over the accuracy or correctness of the content or information provided or used by such Renters and Members. Any part of an actual or potential transaction between a Renter and a Member, including the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property review), the ability of Members to rent a boat to a Renter or the ability of Renters to pay for boat rentals are solely the responsibility of each user.
You acknowledge and agree to take all reasonable precautions in ensuring the accuracy and reliability of any user/Renter/Member generated content. We are also not responsible for the condition of any boats listed on the Website or the compliance with laws, rules or regulations that may be applicable to boat operation or maintenance in any jurisdiction. Renters should satisfy themselves that any boat rented complies with any legal requirements for such rental, and Renters and Members have exclusive responsibility for such compliance.
Separate Agreements. You acknowledge and agree that you will be required to enter into a separate agreement and/or waiver, with a Member, 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 boat or related products or services are under the sole control of any Member or provider and you.
Release and Indemnity. In the event of a dispute between a Renter and a Member arising from such separate agreements or transactions, you hereby release and hold BYRBO and its directors, officers, agents and employees harmless from any claims, costs, demands and damages (actual and consequential) of every kind and nature including without limitation reasonable attorneys' fees, known and unknown, arising out of or in any way connected with such disputes.
Insurance. BYRBO.com is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Website, 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 offered. In the event this service is offered it will be provided through an independent insurance producer not affiliated with BYRBO.com. BYRBO.com does not act as a broker, agent or consultant in the sale of insurance, is not endorsing or recommending any insurer or terms of coverage, and is merely providing a link/service for you as a service. You acknowledge and agree that BYRBO.com assumes no responsibility or liability for any claims or disputes arising from, or related to, a contract for insurance. You also acknowledge and agree that BYRBO.com shall not be included as a party to any such claims or disputes.
Use of Services
Conditions of Use. As a condition of your use of Services, you warrant that (i) if you will be operating a boat, you are responsible for ensuring that you are legally authorized to operate a boat in the state in which you are renting; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with the Terms; (iv) you will only use this Website to view available boat rentals or transact legitimate boat rentals for you or for another person for whom you are legally authorized to act with Members; (v) you will inform such other persons about the terms and conditions that apply to the boat rental you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto; (vi) all information supplied by you to BYRBO is true, accurate, current and complete, and (vii) if you have a BYRBO.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. BYRBO 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.
Use of Website. The content and information on BYRBO Website (this "Website") (including, but not limited to, price and availability of boats listed in any inventory database), as well as the infrastructure used to provide such content and information, is proprietary to BYRBO, its licensors, its suppliers and providers. While you may make limited copies of your booking documents (and related documents) for boat rentals booked through this Website, 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 resell any information, software, content, products, or services obtained from or through this Website. Additionally, you agree not to: use this Website or its contents for any commercial purpose without our express written permission; make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; access, monitor or copy any content or information of this Website 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 this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; take any action that imposes, or may impose, in BYRBO discretion, an unreasonable or disproportionately large load on BYRBO infrastructure; deeplink to any portion of this Website (including, without limitation, the purchase path for any boat rental reservation) for any purpose without our express written permission; or "frame", "mirror" or otherwise incorporate any part of this Website into any other Website without our prior written authorization.
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each User of Member's purported identity.
You agree to (i) keep your password and online ID for both your BYRBO account and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your BYRBO account or your email account may have become known to an unauthorized person, and (iv) 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 BYRBO 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 BYRBO 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 BYRBO 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, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER BYRBO 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.
BYRBO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
THE INFORMATION PROVIDED BY MEMBERS IS TRUE OR CORRECT,
BOAT RENTALS WILL BE AVAILABLE AT ADVERTISED DATES, TIMES, LOCATIONS, AND/OR PRICES, INCLUDING PURSUANT TO A CONFIRMED OR PURCHASED RESERVATION,
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 BYRBO ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU 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 BOAT RENTALS) OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF BYRBO 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 BYRBO 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 BYRBO WITH ACCURATE ACCOUNT INFORMATION;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
ANY BODILY INJURY OR DEATH THAT MAY OCCUR AS THE RESULT OF A BOATING RELATED ACCIDENT, THE RESERVATION FOR WHICH WAS FACILITATED USING BYRBO SERVICES. YOU AGREE THAT BYRBO IS NOT A PARTY TO ANY CONTRACT OR AGREEMENT FOR BOAT RENTALS AND IS IN NO WAY RESPONSIBLE FOR INJURIES TO PERSONS OR PROPERTY WHICH MAY OCCUR DURING OR RELATED TO A BOAT RENTAL WHETHER AS A RESULT OF THE NEGLIGENCE OF ANY BOAT OPERATOR, OR MEMBER, OR THE SAFETY OF ANY BOAT OR FOR ANY OTHER REASON.
Terms, if BYRBO is held liable, BYRBO 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 BYRBO in connection with your use of this
Website (if any), or (b) One Hundred Dollars (US$100.00). Some jurisdictions
do not allow the exclusion or limitation of certain damages, so in these
jurisdictions the above limitations or exclusions may not apply.
You agree to defend
and indemnify BYRBO, its affiliates, and/or their respective suppliers and any
of their officers, directors, employees and agents from and against any claims,
causes of action, demands, recoveries, losses, damages, fines, penalties or
other costs or expenses of any kind or nature including but not limited to
reasonable legal and accounting fees, brought as a result of: your breach of
the Terms; your violation of any law or the rights of a third party; or your use
of this Website and the Services.
The Services contain
proprietary materials such as logos, text, software, photos, video, graphics,
music and sound. BYRBO 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 BYRBO prior consent, except you may make limited
copies of your booking documents (and related documents) for boat rentals
booked through this Website.
Unsolicited Ideas and
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) your submission and its contents will
automatically become our property without any compensation to you; (2) we may
use or redistribute any such submission and its contents for any purpose and in
any way; (3) there is no obligation for us to review any submission; and (4)
there is no obligation to keep any submission confidential.
No Spam, Spyware, or
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
The Services may
contain links to other websites operated by parties other than BYRBO
("ThirdParty Websites"). BYRBO 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.
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.
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
BYRBO. We 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 State of California, United States of America, 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
Los Angeles County of California, U.S.A., in all disputes arising out of the
Terms or relating to the use of the Service.
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
Entire Agreement. The
Terms constitute the entire agreement between you and BYRBO 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. BYRBO 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 BYRBO.
does not recommend one Member over another and does not provide advice to users
regarding which Member to select for the rentals. All comments or reviews posted
by BYRBO users, Renters, or Members on our Website do not represented the views
of BYRBO in any way and are not endorsed by BYRBO 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 BYRBO as a result of this Agreement or use of this
Notice of Claim. You
agree that all disputes arising out of the Terms or the use of BYRBO Services
shall be communicated to BYRBO 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 BYRBO not communicated as provided by this Section.
Any rights not
expressly granted herein are reserved by BYRBO.
For good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged,
Member agrees to the terms and conditions of this Member Interface Agreement
BYRBO Website, each of which may be revised or updated by BYRBO from time to
time and current copies of which can be accessed at: www.BYRBO.com
with BYRBO. This Agreement sets forth the Terms and Conditions of Member's use
of BYRBO products, software, services and web Website(s) (collectively
"Services"). BYRBO means BYRBO LLC, d/b/a BYRBO and BYRBO.com. (BYRBO
and Member are referred to herein each as a "Party," and collectively
as the "Parties.") If Member does not agree to all of the Terms,
Member must not use BYRBO Services. BYRBO 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 BYRBO Services and cancellation of Member's
"Renter", or "User" mean a person or organization that
purchases Rentals from Member with the assistance of BYRBO Services.
Website", or "Website" mean the World Wide Web Website owned by
BYRBO and which has the URL www.BYRBO.com and any and all other web Websites
owned or operated by BYRBO over which BYRBO offers online advertisement
"you" mean any registered user of BYRBO Services that uploads boat
rental solicitations and any related information to BYRBO Web Website for the
purposes of holding out and offering boat rentals or boat rental services
through the BYRBO Website. Members include any party involved in offering or providing
boat rentals to BYRBO Users.
Order of Precedence
with respect to BYRBO Terms. The provisions of this Agreement are supplemented
accessed at: www.BYRBO.com), which are incorporated herein by reference. (As
The Parties' relationship under this Agreement is governed by the provisions of
take precedence over any conflicting or contradictory provisions in the Terms
Acceptance. Use of
BYRBO Services constitutes acceptance of this Agreement. Member 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 BYRBO in the
user interface for any Service; or, (ii) by actually using the Services. In the
case of (ii), Member 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 Member Generated Content.
Uptime. BYRBO will use
commercially reasonable efforts to ensure that interfaces to Member and User
access to BYRBO Services are available without interruption, except for any
scheduled down time needed to maintain the effective operation of the BYRBO
Website and when service interruptions are caused by conditions outside of
BYRBO control. BYRBO in no way guarantees that Services will be available
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
BYRBO 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. BYRBO makes no representation or warranty as to the authenticity,
accuracy or completeness of the information contained on the Website.
BYRBO is not
responsible for any inaccuracy or incompleteness in the information provided by
Member. If Member discovers that listing details are inaccurate or incorrect,
it is the Member's sole responsibility to correct the information in the Member
account interface or contact a BYRBO 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 BYRBO 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. BYRBO
reserves the right to remove content at its sole discretion.
License. You retain
all your rights in your Content. By posting such Content you grant BYRBO an
irrevocable, sub-licensable, transferable, perpetual, nonexclusive, 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 BYRBO (and
its successors' and affiliates') business. You also hereby grant each User of
the Service a nonexclusive license to access your Content through the Service,
and to use, reproduce, distribute, display and perform such Content as
permitted through the use of BYRBO Service.
Photographs. If you
choose to use the BYRBO photography service, you agree that BYRBO will own all
right, title and interest in and to the copyright rights in the resulting
Registration. Prior to
using Services, Member is required to register on the BYRBO Website, and
perform all actions necessary to comply with the BYRBO Website registration
requirements and the Terms.
applicable laws, rules and regulations. Members agree that they are responsible
for, and agree to abide by, all laws, rules and regulations applicable to 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
Members further agree
that they are responsible for and agree to abide by all laws, rules and
regulations applicable to the advertisement of boats, the conduct of their
rental business, and the operation of any boat advertised on the Website,
including but not limited to taxes, permit or license requirements, inspection
and safety compliance, as applicable.
Members will not be required to pay BYRBO any joining or initial subscription
(s) related to use of
BYRBO Services. BYRBO, however, reserves the right to charge subscription fees
at any time and shall notify Members of any changes in subscription fee
Communications. You agree that, with respect to other Members' 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) Web site
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 Member or User
related to the purpose of the Website (such as inquiring about or booking an online
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 Member or User to any third
party without both our consent and the consent of the Member or User. You agree
that other Members or Users may use your personal information to communicate with
you in accordance with this provision. Further, you agree that you will protect
Members' 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 Member
or User, even a User who has rented a boat from you, to your mailing list (email
or physical mail) without the Member'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.
Members and Users. BYRBO is not a party to any payment transaction between members
and Users. Unacceptable payment methods that may be posted on the Website may
result in the immediate removal of the nonconforming listing from the Website
without notice to the Member and without refund. Unacceptable payment methods
are those methods that may pose a risk of fraud, identity theft, or breach of
Content and Layout
All Content and copy
edits submitted by Members are subject to review and approval at BYRBO 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. Members are responsible
for reviewing and ensuring that any Content displayed on the Website appears as
the Member intended.
"Indemnifying Party") will defend and indemnify BYRBO (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 boat rental services being offered for sale by the
describes how BYRBO LLC., d/b/a BYRBO and BYRBO.com (the "Company,"
"we," "us" or "our") handles our users'
("you," "your," or "yourself") personal
information for our services on BYRBO.com (the "Web Site"). By
Use (the "Terms") in registration, you expressly consent to our
collection, storage, use and disclosure of your personal information as
acceptance for new users and is otherwise effective on January 1, 2012. We may
Site. All amended terms automatically take effect after they are initially
posted on the Web Site.
You can browse the Web
Site without telling us who you are or revealing any personal information about
yourself. Once you give us your personal information, you are not anonymous to
us. If you choose to provide us with personal information, you consent to the
transfer and storage of that information to our servers located in the United
States or elsewhere. We may collect and store any personal information you may
share with us, like: email address, password, physical contact information;
transactional information based on your activities on the Web Site; correspondence
through the Web Site to us or a Member; computer sign-on data, statistics on
page views, traffic to and from the Web Site, and ad data; other information,
including IP address and standard web log information, and supplemental
information from third parties; usage statistics.
We don't sell or rent
your personal information to third parties for their marketing purposes without
your explicit consent. We do, however, use third-parties for website
functionality, analytics, and social sharing. If you are a registered user of
Facebook or Twitter, for example, our site enables your use of certain Facebook
and Twitter sharing features. Social network widgets, however, may collect your
social network “browser” cookies, regardless of whether you use social sharing
widgets. If you are a member of social networks, you should consult the
respective social networks’ privacy disclosures for more information about how
they collect and share information. We also use other sharing widgets like Add-This,
which may collect and share data with interest based advertisers.
Our primary purpose in
collecting personal information is to provide you with a safe, smooth,
efficient, and customized boat travel experience. We also use the information
we receive about you in connection with the services of this website, other
users, members, and advertisers that purchase ads on this site. For example, we
may use the information we receive from you to: provide the services and
customer support you request; resolve disputes, collect fees, and troubleshoot
problems; prevent potentially prohibited or illegal activities, and enforce the
Terms; customize, measure, and improve our services and the Web Sites' content
and layout; tell you about targeted marketing, service updates, and promotional
offers based on your communication preferences; and compare information for
accuracy, and verify it with third parties.
Our Disclosure of Your
We may disclose
personal information to respond to legal requirements, enforce our policies,
respond to claims that a listing or other content violates the rights of
others, or protect anyone's rights, property, or safety. We may also share your
personal information with: members of our corporate family to help detect and
prevent potentially illegal acts and provide joint services; Members who have a
BYRBO Member Account; service providers under contract who help with our
business operations; law enforcement or other governmental officials, in
response to a verified request relating to a criminal investigation or alleged
illegal activity (In such events, we will disclose name, city, state, telephone
number, email address, User ID history, fraud complaints, and transaction
history); and other business entities, should we plan to merge with or be
acquired by that business entity; third parties in response to a subpoena or
other valid legal process in the United States ordering the disclosure of such
Without limiting the
above, in an effort to respect your privacy, we will not otherwise disclose
your personal information to law enforcement, other government officials, or
other third parties without a subpoena, court order or substantially similar
legal procedure, except when we believe in good faith that the disclosure of
information is necessary to prevent imminent physical harm or financial loss or
to report suspected illegal activity.
Logging into another
site using BYRBO.com
BYRBO allows you to login
using various social media sites, like Facebook and Twitter. If you decide to
use such a tool or service, you acknowledge and agree that:
The information or
content that are a part of your Social Media Site profile, which you have
designated as "public" (or a similar designation) (with such
information or content and referred to herein as "Social Media
Content") may be accessed and used by us in connection with the Site;
The Social Media
Content will be considered "user generated content" or “Member Generated
Content” under these Terms and both you and we shall have the same rights and
responsibilities as you and we have with respect to such content under these
In the event that the
Social Media Content was for any reason misclassified with a public or similar
designation or is otherwise inaccurate or to which you do not agree with for
any reason, you agree to work with the Social Media Site to make any changes or
resolve any disputes and acknowledge that we will not be able to provide you
with recourse; and
The operation of your
profile and account with and on the Social Media Site shall continue to be
Cookies and Other
We use first and third-party
browser "cookies" and other, similar technologies, on certain pages
of the Web Site to help analyze our web page flow, customize our services,
measure promotional effectiveness, promote trust and safety, enable social
sharing, and enable the use of widgets. A few important things you should know
about cookies are that:
We offer certain
identify you and maintain you’re signed in status.
You are always free to
delete or block our cookies if your browser permits, although doing so may
interfere with your use of the Web Site.
Your password is the
key to your account. Use unique numbers, letters, and special characters and do
not disclose your password to anyone. If you do share your password or your
personal information with others, remember that you are responsible for all
actions taken in the name of your account. If you lose control of your
password, you may lose substantial control over your personal information and
may be subject to legally binding actions taken on your behalf. Therefore, if
your password has been compromised for any reason, you should immediately
change your password.
and Changing your Personal Information
You can see, review
and change most of your personal information or delete your account by logging
into the Web Site at: www.BYRBO.com. Generally, we will not manually modify
your personal information because it is very difficult to verify your identity
remotely. You must promptly update your personal information if it changes or
is inaccurate. Upon your request, we will close your account and remove your
personal information as soon as reasonably possible, based on your account
activity and in accordance with applicable law. We do retain personal
information from closed accounts in order to comply with law, prevent fraud,
resolve disputes, troubleshoot problems, assist with any investigations,
enforce the Terms, and take other actions otherwise permitted by law.
We want you to feel
confident about using the Website to make boat rental arrangements, and we are
committed to protecting the information we collect. While no website or online
service can guarantee security, including ours, we have implemented appropriate
administrative, technical, and physical security procedures to help protect the
personal information you provide to us. We treat data as an asset that must be
protected and use tools (encryption, passwords, physical security, etc.) to
protect your personal information against unauthorized access and disclosure.