HOBA Terms Of Use Last Updated December 16, 2016 Your Relationship with HOBA Your use of Hoba, Inc.'s (“Company”) products, software, services and Website(s) (collectively "Services") is subject to the terms of this Terms of Use Agreement (this "Agreement"). Company means Hoba, Inc., the HOBA website, and the HOBA mobil application (herein referred to as "Company," "us," "we," "our," and the "App"). If you are using the Services on behalf of a corporation or other legal entity, "you" means the entity, and the user is warranting that he or she has the right to bind the entity. By using the Services, you are agreeing to and are subject to the following terms and conditions, as well as our Privacy Policy, herein incorporated by reference (collectively, the "Terms"). If you do not agree to all of the Terms you may not access or use the Services. You accept the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you by Company in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), you understand and agree that the Company treats your use of the Services as acceptance of the Terms from that point onward. The Company reserves the right, at its discretion, to change, modify, add or remove any of the Terms, in whole or in part, at any time. Please check the App and the Terms periodically for changes. Your use of the Services after such modified Terms are posted will mean that you accept such Terms. THE COMPANY IS ONLY A VENUE AND IS NOT A PARTY TO ANY AGREEMENT, SUCH AS THE BOAT CHARTER AGREEMENT, OR OTHER TRANSACTION BETWEEN USERS OF THE WEBSITE. Services. The Services comprise mobile applications and related services (each, an “Application”), which enable users to arrange and schedule boat transportation services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with Company or certain of Company’s affiliates (“Third Party Providers”). In certain instances, the Services may also include an option to receive transportation for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Company in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN BOAT TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH COMPANY AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER. Company is Only a Venue. Company acts as a venue for users of the Website for the Services ("Riders") and boat captains ("Boat Captain") or any other persons who use the Company platform under license (Riders, Third Party Providers, and Boat Captains, each a "User" and together, "Users") to view and post available boats to facilitate boat transportation services. The Company is not a party to any actual agreement or transaction between Riders, Boat Captains, and/or Third Party Providers even though Company may from time to time provide tools that relate to booking, such as a tool to enable a Rider to enter into a transaction to obtain boat transportation services directly from a Boat Captain and payment services to facilitate the booking. As a result, Company has no control over the accuracy or correctness of the content or information provided or used by such Riders, Boat Captains, and/or Third Party Providers. Any part of an actual or potential transaction between a Rider, Boat Captain, and/or Third Party Provider, including the quality, safety or legality of the properties advertised, the truth or accuracy of boat availability and listings (including the content thereof or any review), the ability of Boat Captains to provide boat transportation services to a Rider or the ability of Riders to pay for boat transportation services 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 generated content. We are also not responsible for the condition of any boats listed on the App or the compliance with laws, rules or regulations that may be applicable to boat operation, maintenance, rental or charter in any jurisdiction. Riders, Boat Captains and/or Third Party Providers should satisfy themselves that any boat occupied complies with any legal requirements for such boat transportation and/or rental, and Riders, Boat Captains, and/ or Third Party Providers have exclusive responsibility for such compliance. Separate Agreements. Users acknowledge and agree that you will be required to enter into a separate agreement and/or waiver, such as the Boat Charter Agreement, directly between the Rider, Boat Captain, and/or Third Party Provider, prior to receiving a boat transportation service and such agreement and/or waiver may place additional restrictions on your booking or service. Any separate agreements and/or waivers relating to the boat transportation services or related products or services are under the sole control of any Boat Captain or Third Party Provider and Rider. Release. IN THE EVENT OF A DISPUTE BETWEEN A RIDER, BOAT CAPTAIN, AND/OR THIRD PARTY PROVIDER ARISING FROM SUCH SEPARATE AGREEMENTS OR TRANSACTIONS, YOU HEREBY RELEASE AND HOLD COMPANY 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. Your Use of Services User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account with Company ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Company certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Company. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. Please keep in mind that we will treat anyone who uses your user name and password as "you," and that you are responsible for all activity that occurs under your Account. You agree to maintain the security and secrecy of your Account username and password at all times. However, if you do give someone your username and 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 Account or your email account, even those transactions that are fraudulent or that you did not intend or want performed. You are responsible for notifying the Company immediately if you suspect that someone is using your username and/or password or otherwise obtaining access to the Services in this or any other inappropriate manner. Unless otherwise permitted by Company in writing, you may only possess one Account. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Conditions of Use. As a condition of your use of our Services, you expressly represent and warrant that (i) if you will be operating a boat as a Boat Captain or Third Party Provider, you are responsible for ensuring that you are legally authorized to operate a boat in the state in which you are providing boat transportation services; (ii) Users possess the legal authority to create a binding legal obligation; (iii) Users will use the App in accordance with the Terms; (iv) Users will only use the App to post, request or view, as applicable, available boat transportation services for you or for another person for whom you are legally authorized to act with other Users; (v) you will inform such other persons about the terms and conditions that apply to the boat transportation service you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto; (vi) if User is booking boat transportation services on behalf of another person, you are individually responsible for ensuring that such other person is a party to the separate agreement for the boat transportation service; (vii) all information supplied by User to Company is true, accurate, current and complete, and (viii) User will safeguard his or her Account information. You may not authorize others to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. Company retains the right, in 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. You agree that you will only use the Services for lawful purposes. Payment Payment Services. While Company is not a party to any separate agreement, such as the Boat Charter Agreement, between Rider, Boat Captain, and/or Third Party Provider, you acknowledge and agree that Company may act as the User's payment agent for the purposes of collecting payment for boat transportation bookings made through the Company and/or Website (“Charges”). This payment structure is intended to fully compensate a Boat Captain or Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. Charges and payments will be inclusive of applicable taxes where required by law. The Company will respond accordingly to any request from a User to modify the Charges for a particular service or good. Rider's provision of financial information to Company for purposes of payment is governed by our Privacy Policy. Any representation by Company (on Company's website, in the Application, or in Company's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Company provides any additional amounts, beyond those described above, to a Boat Captain or Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Boat Captain or Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN RIDERS, BOAT CAPTAINS, AND/OR THIRD PARTY PROVIDER FOR SERVICES, WITH THE EXCEPTION OF GRATUITY PAYMENTS, IS A VIOLATION OF THESE TERMS. Establishing Payment Account. All Charges and payments will be enabled by Company using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Company may use a secondary payment method in your Account, if available. By providing your credit card information to us, you agree that we are authorized to charge your card with the total cost of the service and any required deposit. Charges paid by you are final and non- refundable, unless otherwise determined by Company. As between you and Company, Company reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Company's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Company will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Boat Captain’s or Third Party Provider’s behalf. Identity Verification User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each User's purported identity. Notwithstanding the foregoing, you agree that you will provide us, the Boat Captain or Third Party Provider with whom you book boat transportation services whatever proof of identity the Company, Boat Captain or Third Party Provider may reasonably request. 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 THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF BOAT CAPTAINS OR THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. FURTHER, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: • THE INFORMATION PROVIDED BY BOAT CAPTAIN OR THIRD PARTY PROVIDER IS TRUE OR CORRECT, • BOATS 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, • 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 COMPANY 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 (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (ii) AVAILABILITY OR UNAVAILABILITY OF THE SERVICES (INCLUDING BUT NOT LIMITED TO THE UNAVAILABILITY OR CHANGE IN THE ADVERTISED BOAT TRANSPORTATION) (iii) OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF COMPANY 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: (i) ANY CHANGES WHICH COMPANY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (ii) YOUR FAILURE TO PROVIDE COMPANY WITH ACCURATE ACCOUNT INFORMATION; OR (iii) YOUR FAILURE TO KEEP YOUR 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 COMPANY'S SERVICES. YOU AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY BOAT TRANSPORTATION SERVICE PROVIDED TO YOU BY A BOAT CAPTAIN, OR SUCH OTHER THIRD PARTY PROVIDER, OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS, AND THE COMPANY IS IN NO WAY RESPONSIBLE FOR INJURIES TO PERSONS OR DAMAGE TO PROPERTY WHICH MAY OCCUR DURING OR RELATED TO A BOAT TRANSPORTATION SERVICE WHETHER AS A RESULT OF THE NEGLIGENCE OF ANY RIDER, BOAT CAPTAIN, OR THE SAFETY OF ANY BOAT OR FOR ANY OTHER REASON. Notwithstanding the Terms, if Company is held liable, Company’s 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 Company in connection with your use of the App (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. Indemnification You agree to defend and indemnify Company, 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, arising out of or in connection with: (i) your use of this Website and the services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) the Company’s use of your User content; or (iv) your violation of any law or the rights of a third party. Repair or Cleaning Fees. You shall be responsible for the cost of repair for damage to, or necessary cleaning of, boats and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that Company verifies a Repair or Cleaning request from a Boat Captain or Third Party Provider, then in Company's reasonable discretion, Company reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts will be transferred by Company to a Boat Captain or Third Party Provider, if applicable, and are non-refundable. Proprietary Materials License. Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Company and Company's licensors. Restrictions. The content and information on Company’s Website, as well as the infrastructure used to provide such content and information, is proprietary to Company, its licensors, its suppliers and providers. The Services and Company’s Website contain proprietary materials such as logos, text, software, photos, video, graphics, music and sound. Company 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 Company’s Website and Services, you agree not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining Company's prior consent, except you may make limited copies of your booking documents (and related documents) for boat transportation booked through this Website. Additionally, you agree not to: • use this Website or its contents for any commercial purpose (other than as anticipated by these Terms) without our express written permission; • send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; • send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; • interfere with or disrupt the integrity or performance of the Services or the data contained therein; • attempt to gain unauthorized access to the Services or its related systems or networks; • make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; • access, monitor or copy any content or information of 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 Company's discretion, an unreasonable or disproportionately large load on Company's infrastructure; • deep-link 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. Unsolicited Ideas and Feedback From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works ("submissions") in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) 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 Spoofing We and our Users do not tolerate spam. You may not use the Site to send spam or otherwise send content that would violate the Terms. Links to Third-Party Websites The Services may contain links to other websites operated by parties other than Company ("Third-Party Websites"). Company's links to such other Third-Party Websites is for informational purposes only and does not imply any endorsement of the products, services or material on such Third-Party Websites or any association with their sponsors or operators. You access any Third-Party Websites at your own risk. We are not responsible in any way for such Third-Party Websites or resources. We will not have any liability as a result of your use of such Third-Party Websites and resources, and your use of such sites and resources will not be governed by these Terms. Other Terms General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services. Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Assignment. This Agreement, the Terms, the Services and any modifications thereto may not be assigned or in any way transferred by you without the prior written consent of Company. Any purported assignment in violation of this section shall be void. Company 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 South Carolina, 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 Charleston County, South Carolina, in all disputes arising out of the Terms or relating to the use of the Service. No Responsibility for Acts of God. Company shall not be liable for any delay or failure to perform in connection with any booking, Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of the boat under legal process, adverse weather conditions, inability to obtain fuel, boat damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or docking approvals, clearances or permits by governmental authority, or any other cause which is beyond the control of the Company. Company is hereby released by User from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above. Severability. If any provision of these 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. Company's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. Entire Agreement. These Terms, the Privacy Policy, and the Boat Captain Agreement (in the case of Boat Captains) constitute the entire agreement between you and Company 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. Company 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 Company. Non-Endorsement. Company does not recommend one Boat Captain or Third Party Provider over another and does not provide advice to users regarding which Boat Captain to select for the rentals. All comments or reviews posted by Users on our Website do not represent the views of Company in any way and are not endorsed by Company 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 Company as a result of this Agreement or use of this Website. Notice of Claim. You agree that all disputes arising out of the Terms or the use of Company's Services shall be communicated to Company 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 Company not communicated as provided by this Section. You may give notice to Company, with such notice deemed given when received by Company, at any time by first class mail or pre-paid post to [insert information or link]. Any rights not expressly granted herein are reserved by Company. HOBA Privacy Policy Last Modified December 16, 2016 Scope This Privacy Policy describes how Hoba, Inc. (the "Company," "we," "us" or "our") handles our users' ("you," "your," or "yourself") personal information for our services on the HOBA website and the HOBA mobile application (together, the "App"). By accepting the Privacy Policy, and the Terms of Use (the "Terms") in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy applies to persons anywhere in the world who use our apps or services to request boat transportation services (the “Services”). This Privacy Policy does not apply to information we collect from or about boat drivers, couriers, partner transportation companies, or any other persons who use the Company platform under license (collectively “Boat Captains”). If you interact with our Services as both a user and a Boat Captain, the respective privacy statements apply to your different interactions. We may amend this Privacy Policy at any time by posting the amended terms in the App. All amended terms automatically take effect after they are initially posted in the App. Collection of Information We collect information you provide directly to us, such as when you create or modify your account, request services, contact customer support, or otherwise communicate with 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, delivery notes, payment method; • correspondence through the App to us or a Boat Captain; • computer sign-on data, statistics on page views, traffic to and from the App, and ad data; • other information, including IP address and standard web log information, and supplemental information from third parties; • usage statistics. Information We Collect Through Your Use of Our Services When you use our Services, we collect information about you in the following general categories: • Location Information: When you use the Services for boat transportation, we collect precise location data about the trip from the Company app used by the Boat Captain. If you permit the Company app to access location services through the permission system used by your mobile operating system (“platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address. • Transaction Information: We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details. Additionally, if someone uses your promo code, we may associate your name with that person. • Usage and Preference Information: We collect information about how you and site visitors interact with our Services, preferences expressed, and settings chosen. In some cases, we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers. • Device Information: We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and verions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information. • Call and SMS Data: Our Services facilitate communications between users and Boat Captains. In connection with facilitating this service, we receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message. • Log Information: When you interact with our Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services. Marketing 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, which may collect and share data with interest-based advertisers. Use Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized boat transportation 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 Apps' 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 Information We may share the information we collect about you as described in this Privacy Policy or as described at the time of collection or sharing including as follows: • Boat Captains to enable them to provide the services you request; • 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. • members of our corporate family to help detect and prevent potentially illegal acts and provide joint services; • 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 information; • third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us; • the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public; 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. Location Information We request permission for our app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our services. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to collect your trip location information from a Boat Captain's device nor our ability to derive approximate location from your IP address. Logging into another site using the App The Company allows you to login for our Services 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 Terms; • 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 governed by the terms and conditions and privacy policy of such Social Media Site. Cookies and Other Technologies We use first and third-party browser "cookies" and other, similar technologies, on certain pages of the App 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 features that are only available through the use of cookies. • We use cookies to help identify you and maintain your 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 App. Account Protection 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. Accessing, Reviewing and Changing your Personal Information You can see, review and change most of your personal information or delete your account by logging into the App and viewing your account settings from the menu button. 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. Security We want you to feel confident about using the App to make boat transportation 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. Third Parties Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are boat travel suppliers, Boat Captains, or other App users you interact with on our App or throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Since we do not control the privacy policies of third parties, you are subject to the privacy policies of those third parties. We encourage you to ask questions before you disclose your personal information to others. HOBA Boat Captain Agreement Last Modified December 16, 2016 For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Boat Captains or any other persons who use the Company platform under license to view and post available boats to facilitate boat transportation services agrees to the terms and conditions of this HOBA Boat Captain Agreement (this "Agreement") as set forth below; to the Terms of Use Agreement (the "Terms of Use") and to the Privacy Policy that are posted on the Hoba Website or the Hoba App, each of which may be revised or updated by Hoba, Inc. (“Company”) from time to time and current copies of which can be accessed from the account page in the Hoba App. Boat Captain Relationship with Company. This Agreement sets forth the terms and conditions of Boat Captain's use of Company's products, software, services and website(s) (collectively "Services") (Company and Boat Captain are referred to herein each as a "Party," and collectively as the "Parties"). If Boat Captain does not agree to all of the Terms, Boat Captain must not use Company's Services. Company 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 Company's Services and cancellation of Boat Captain's account with the Company. Definitions "Customer", "Rider", or "User" means a person or organization that purchases boat transportation services from Boat Captain with the assistance of Company's Services. "Hoba Website", or "Website" means the World Wide Web Website owned by Company and which has the URL [insert web address] and any and all other web Websites owned or operated by Company over which Company offers online advertisement services. "Boat Captain", or "you" means any registered user of Company's Services that uploads boat transportation solicitations and any related information to Company's Website for the purposes of holding out and offering boat transportation services through the Company Website. Boat Captains include any party involved in offering or providing boat transportation services to Company Users. "Terms" means this Agreement, the Terms of Use and the Privacy Policy. Order of Precedence with respect to Company Terms. The provisions of this Agreement are supplemented by the Terms of Use and the Privacy Policy (a current copy of which can be accessed at: [insert web address]), which are incorporated herein by reference. (As noted herein, Company may revise or update the Terms from time to time.) The provisions of this Agreement and the Terms of Use govern the Parties’ relationship, except that the terms of this Agreement take precedence over any conflicting or contradictory provisions in the Terms of Use. Acceptance. Boat Captain accepts the terms and conditions of this Agreement by: (i) clicking to accept or agree to the terms and conditions of this Agreement, where this option is made available by Company in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), Boat Captain 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 Boat Captain- Generated Content. Uptime. Company will use commercially reasonable efforts to ensure that interfaces to Boat Captain’s and User’s access to Company Services are available without interruption, except for any scheduled down time needed to maintain the effective operation of the Company Website and when service interruptions are caused by conditions outside of the Company's control. Company in no way guarantees that Services will be available without interruption. Boat Captain- Generated Content. You understand that all messages, text, postings, files, photos, images or other materials (the "Content") you post on, transmit through, or link from the Website, are your sole responsibility. You agree that Company 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. Company makes no representation or warranty as to the authenticity, accuracy or completeness of the information contained on the Website. In submitting Content, you represent and warrant that you have sufficient authority and rights to post such Content, and to grant Company the rights to use such Content in connection with providing the Services. Company is not responsible for any inaccuracy or incompleteness in the information provided by Boat Captain. It is the Boat Captain's obligation to ensure the accuracy of all listing Content (accuracy of boat description, seaworthiness of boat, qualifications of captain, legal requirements, identification requirements for Riders, insurance, etc.). If Boat Captain discovers that listing details are inaccurate or incorrect, it is the Boat Captain's sole responsibility to correct the information in the Boat Captain account interface or contact a Company 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 Company 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. Company 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 Company an irrevocable, sub-licensable, transferable, perpetual, non-exclusive, royaltyfree, 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 Company's (and its successors' and affiliates') business. You also hereby grant each User of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the use of Company's Service. Photographs. If you choose to use the Company's photography service, you agree that Company will own all right, title and interest in and to the copyright rights in the resulting images. Boat Captain Obligations Registration. Prior to using Services, Boat Captain is required to register on the App, and perform all actions necessary to comply with the Company’s App registration requirements and the Terms. Company is Only a Venue. Company acts as a venue for Riders and Boat Captains who use the Company platform under license to view and post available boats to facilitate boat transportation services. The Company is not a party to any actual agreement or transaction between Riders and Boat Captains. As a result, Company has no control over the accuracy or correctness of the content or information provided by Riders. Responsibility for applicable laws, rules and regulations. Boat Captain agrees that he or she is 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 the Website. Boat Captains 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, and verification of Rider’s identification and travel documentation, as applicable. It is the Boat Captain's responsibility to: (i) fully vet, train, and make Company Users aware of safety features, and ensure that there is proper insurance coverage for such Users; (ii) ensure they meet all local regulations and licensing for boat transportation services; (iii) ensure his or her boat vessel is well-maintained, seaworthy, and safe to provide boat transportation services; (iv) enter into a separate agreement with Company Users, such as a Boat Charter Agreement, prior to providing boat transportation services or related services. Service Fees. Boat Captains will not be required to pay Company any signup or initial subscription fee(s) related to use of Company's Services. Company, however, reserves the right to charge subscription fees at any time and shall notify Boat Captains of any changes in subscription fee policies. The Payment terms in the Terms of Use are expressly incorporated herein. We charge Boat Captains a service fee of 10% of the total boat transportation service (i.e., the booking and any additional expenses) for use of the Services. This 10% fee will be deducted from the total amount charged to the Company User before payment is made to Boat Captain (i.e., the payment amount made to Boat Captain will be the total boat transportation charge to the User less 10%). AS PROVIDED IN THE TERMS OF USE, ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN USERS AND BOAT CAPTAINS OTHER THAN PAYMENT THROUGH COMPANY IS A VIOLATION OF THIS AGREEMENT. Representation and Warranties of Boat Captain Boat Captain hereby represents and warrants as follows: • Boat Captain warrants and represents that he or she is eligible to provide services as an Independent Contractor, and that he or she shall never be construed to be an agent or employee of Company. • Boat Captain warrants and represents that he or she: (1) has and will maintain the required credentials and be able to verify his or her qualifications and the licensing necessary to perform the boat transportation services at all times during boat transportation services, and (2) is otherwise fully qualified to perform boat charters in a lawful, safe and proper manner. • Boat Captain warrants and represents that he or she has or will examine the Boat prior to the beginning of the Charter to confirm to the best of his or her abilities that it is in a good and seaworthy condition. Boat Captain agrees to immediately advise Rider(s) if, at any time, Boat Captain finds or suspects any condition on board the Boat to be unsafe. • Boat Captain warrants and represents that he or she has or will examine the Boat’s safety equipment prior to the beginning of the Charter to confirm that the equipment is adequate, in good condition and readily accessible. • Boat Captain warrants and represents that he or she has been notified of the Coast Guard’s zero tolerance policy towards drugs and that under no circumstances will he or she engage in any illegal activity while on board the Boat, nor will Boat Captain use the Boat for any unlawful purpose. • Boat Captain warrants and represents that he or she will personally perform the boat transportation services, and he or she will not assign or delegate the boat transportation services. • Boat Captain warrants and represents that he or she does not have any physical and/or medical conditions that would affect Boat Captain’s ability to provide boat transportation services. User-Boat Captain Communications. You agree that, with respect to other Boat Captains' or Users' personal information that you obtain directly or indirectly from or through the App or through any App-related communication, transaction or software, we have granted to you a license to use such information only for: (a) App-related communications that are not unsolicited commercial messages, (b) using services offered through the App, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other Boat Captain or User related to the purpose of the Website (such as inquiring about or booking a boat transportation service 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 Boat Captain or User to any third party without both our consent and the consent of the Boat Captain or User. You agree that other Boat Captains or Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect Boat Captains' 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 Boat Captain or User, even a User who has obtained boat transportation services from you, to your mailing list (e-mail or physical mail) without the Boat Captain'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 the Terms. You are responsible for all content you provide to the Website or through any tool or service provided on the Website and for your use of any personal information of Users you obtain through the Website or otherwise in connection with your participation in the Services. Content and Layout All Content and copy edits submitted by Boat Captains are subject to review and approval at Company's sole discretion. We reserve the right to refuse to publish any Content that we determine, in our sole discretion, does not comply with the Terms or is otherwise unacceptable to us. However, we assume no duty to review Content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, Content and/or photographs or any change made to any Content, photograph or copy submitted by any User. 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. Boat Captains are responsible for reviewing and ensuring that any Content displayed on the Website appears as the Boat Captain intended. Release. IN THE EVENT OF A DISPUTE BETWEEN A RIDER AND BOAT CAPTAIN ARISING FROM ANY BOAT TRANSPORTATION SERVICE OR SEPARATE AGREEMENT BY AND BETWEEN THE RIDER AND BOAT CAPTAIN, YOU HEREBY RELEASE AND HOLD COMPANY 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. Indemnification. Boat Captain (the "Indemnifying Party") will defend and indemnify Company (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 transportation services being offered by the Indemnifying Party. BOAT CHARTER AGREEMENT Hoba, Inc. (the “Company”) does not itself offer or provide boat transportation services. The Company website, at [insert website] simply connects boat Riders with Boat Captains for boat rides and charters. The Company is NOT a party to this Boat Charter Agreement which exists solely between Rider and Boat Captain. Both parties must read this Boat Charter Agreement carefully and make certain to understand its terms and conditions as this Boat Charter Agreement impacts legal rights and imposes obligations. FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, Rider seeks boat transportation services from Boat Captain, and Boat Captain agrees to provide boat transportation services for Rider under the terms and conditions hereby agreed upon by the parties in connection with the Rider’s use of Boat Captain’s boat transportation services through the Company’s Services and App. Definitions: a) Boat Captain: The person or entity that has registered on the Company website and App and has title to the boat. b) Rider: The person that has booked boat transportation services through the App, and any authorized passengers of the person that has booked boat transportation services through the App. c) Boat: The vessel to be chartered hereunder per the accepted reservation between Boat Captain and the Rider. d) Company: A peer-to-peer boat transportation marketplace mobile application and online service provided by Hoba, Inc. e) Charter: Boat transportation services provided to Rider by Boat Captain. SECTON 1 – SERVICES TO BE PERFORMED 1.1 Term. Rider agrees to contract for boat transportation services from Boat Captain for such period of time as designated in the Rider’s reservation of the boat transportation services through the App (the “Reservation”). Times for pick-up of the Rider and return of Rider are subject to extensions resulting from force majeure events. Force majeure is defined as any cause directly attributable to acts, events, non-happenings, omissions, accidents, or Acts of God, beyond the reasonable control of the Boat Captain or the Rider (including, but not limited to, strikes, lockouts or other labor disputes, civil commotion, riots, adverse weather, invasion, war, fire, explosion, sabotage, storm, collision, grounding fog, governmental act or regulation, major mechanical or electrical breakdown beyond the Boat Captain’s or the Rider’s control and not caused by either the Boat Captain or the Rider’s negligence). 1.2 Duties. Boat Captain agrees to perform the following duties (the “Duties”) for Rider and to satisfy the Boat Captain’s obligations as set out in the Company Terms of Use, Privacy Policy, and Boat Captain Agreement (the “Terms”), all of which are incorporated herein by reference, which duties shall include, but are not limited to, the following: a) Report promptly to Rider any observable deficiencies in the Boat which causes concerns for the safety of Rider, Boat Captain, passengers or property, including the Boat, property of the Boat Captain and/or Rider, and third-party property. b) Pilot and maintain control of the Boat in a safe and legal manner exhibiting seamanlike conduct at all times. c) Comply with all relevant Federal, State and Local laws and regulations applicable to the performance of the Duties and the operation of the Boat as well as any equipment used in the performance of the Duties. d) Take reasonable and prudent actions as deemed necessary by the Boat Captain to protect and preserve the safety of persons and property. e) Use best efforts to make any necessary repairs, if reasonably possible, to protect the safety of the Rider, and any guests of the Rider onboard the Boat, the Boat; and any property at risk. f) Clean and refuel the Boat prior to providing boat transportation services, as necessary. 1.3 Location of service. The Duties will commence and end at the marina or pickup location designated in the App. SECTION 2 – FEES 2.1 Captain Fee. In consideration of the boat transportation services to be rendered by Boat Captain to Rider, Rider shall pay Boat Captain the rate designated and agreed upon in the Reservation Confirmation screen of the App, incorporated herein. 2.2. Pay Agent. The Boat Captain has authorized Company to act in the capacity of pay agent on Boat Captain’s behalf for purpose of collecting the fees described in Section 2.1. All parties hereto direct Company to collect fees from the Rider and to pay Boat Captain based on the Reservation fees and in accordance with the Terms. 2.3 Taxes and Withholding. The Boat Captain acknowledges he or she is an independent contractor and shall be responsible for payment of his or her own income taxes, social security, worker’s compensation and other relevant taxes regardless of the venue. SECTION 3 – REPRESENTATIONS AND WARRANTIES OF BOAT CAPTAIN 3.1 Boat Captain warrants and represents that he or she is eligible to provide services as an Independent Contractor, and that he or she shall never be construed to be an agent or employee of Rider or Company. 3.2 Boat Captain warrants and represents that he or she: (1) has and will maintain the required credentials and be able to verify his or her qualifications and the licensing necessary to perform the Duties at all times during boat transportation services, and (2) is otherwise fully qualified to perform all Duties required by this Boat Charter Agreement in a lawful, safe and proper manner. 3.3 Boat Captain warrants and represents that he or she has or will examine the Boat prior to the beginning of the Charter to confirm to the best of his or her abilities that it is in a good and seaworthy condition. Boat Captain agrees to immediately advise Rider if, at any time, Boat Captain finds or suspects any condition on board the Boat to be unsafe. 3.4 Boat Captain warrants and represents that he or she has or will examine the Boat’s safety equipment prior to the beginning of the Charter to confirm that the equipment is adequate, in good condition and readily accessible. 3.5 Boat Captain warrants and represents that he or she has been notified of the Coast Guard’s zero tolerance policy towards drugs and that under no circumstances will he or she engage in any illegal activity while on board the Boat, nor will Boat Captain use the Boat for any unlawful purpose. 3.6 Boat Captain warrants and represents that he or she will personally perform the Duties and he or she will not assign or delegate the Duties. 3.7 Boat Captain warrants and represents that he or she does not have any physical and/or medical conditions that would affect Boat Captain’s ability to provide the herein Duties. SECTION 4- AGREEMENT TO INDEMNIFY, DEFEND & HOLD-HARMLESS 4.1 The Rider agrees to assume all responsibility for loss or damage from any cause to the Rider and any guest or passenger of the Rider and/or their personal property during the Charter. The Rider further assumes all risk involved in the Charter and Boat’s equipment and acknowledges the inherent and natural hazards and perils of boating. 4.2 Rider agrees to indemnify, defend, and hold Company and their successors, insurers, officers, directors, agents and/or employees harmless against and from any and all actions, causes of action, claims, demands, costs, liabilities, liens, expenses and damages (including attorney’s fees) arising out of, or in connection with any breach of this Boat Charter Agreement or any acts or omissions of Boat Captain or Rider in connection with the Charter or this Boat Charter Agreement. 4.3 Rider agrees to indemnify, defend, and hold Boat Captain harmless against and from any and all actions, causes of action, claims, demands, costs, liabilities, liens, expenses and damages (including attorney’s fees) arising out of, or in connection with, any breach of this Boat Charter Agreement or any acts or omissions of Rider arising from or related to the Charter or this Boat Charter Agreement. 4.4 Boat Captain agrees to indemnify, defend, and hold Rider harmless against and from any and all actions, causes of action, claims, demands, costs, liabilities, liens, expenses and damages (including attorney’s fees) arising out of, or in connection with, any breach of this Boat Charter Agreement or any acts or omissions of Boat Captain arising from or related to the Charter or this Boat Charter Agreement. SECTION 5 — TERMINATION 5.1 All parties acknowledge Boat Captain or Rider may terminate this Boat Charter Agreement on the basis of a force majeure event (war, terrorism, Acts of God, etc.) or unforeseen circumstances outside of Rider’s or Boat Captain’s control. 5.2 Rider may terminate this Boat Charter Agreement at any time for reasonable cause, including, without limitation, the Boat Captain’s failure to timely appear for the Charter or properly perform his duties as Boat Captain, inappropriate conduct toward Rider or any guests of Rider or third parties, breach of this Boat Charter Agreement, breach of any applicable policies and/or conduct that places Rider or any guests of Rider or third parties in danger. 5.3 In the event of a termination after the Charter has commenced, the Boat Captain agrees to safely return the Rider and those aboard to the marina of redelivery as shown on the Reservation Confirmation. 5.4 In the event of a termination by Rider after the Charter has commenced, Boat Captain shall be paid only for the service actually performed prior to the termination. 5.5 In the event of a termination by Boat Captain, Rider shall be entitled to damages from Boat Captain not to exceed the amount of the fee that would have been payable to the Boat Captain had the Boat Captain performed the entire anticipated service. SECTION 6 – LAW & DISPUTE RESOLUTION 6.1 This Boat Charter Agreement and the rights of the parties hereto shall be governed by and shall be construed in accordance with the general maritime law of the United States with the laws of the State of South Carolina to supplement as legally permissible. 6.2 All claims and disputes of whatsoever nature howsoever arising out of or relating to this Boat Charter Agreement shall be settled by binding arbitration with Arbitration Resolution Services (“ARS”). The parties expressly agree to abide by any and all rules of ARS as found in their web site at www.arbresolutions.com. Any award issued by ARS may be converted to a judgment by a court of competent jurisdiction. SECTION 7 — MISCELLANEOUS PROVISIONS 7.1 No waiver of any provision of this Boat Charter Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 7.2 This Boat Charter Agreement, including the documents incorporated by reference herein, constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Boat Charter Agreement, other than those identified herein, shall be binding unless executed in writing by all parties. 7.3 If any provision of this Boat Charter Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Boat Charter Agreement shall remain in full force and effect. 7.4 In the event of any conflict between this Boat Charter Agreement (or any portion thereof) and any other agreement or document identified and incorporated herein, the terms of this Boat Charter Agreement shall prevail.