All Sail LLC Terms of Use Agreement
LEGAL AGREEMENT
This Terms of Use Agreement (“Agreement”) is a legally binding document between you, as a user of the All Sail LLC website and services (“You” or “User”), and All Sail LLC, a company registered in the United States and operating at 1007 N Orange St., 4th Floor, Suite #1960, Wilmington, Delaware 19801, United States (“All Sail LLC” or “Service Provider”). By accessing, using, or registering on allsail.com (the “Site”) or any related services, you confirm that you are at least 18 years old and agree to the entirety of this Agreement.
This Agreement establishes the terms under which All Sail LLC provides an online marketplace to connect Boat Owners and Renters, facilitating the creation of boat rental listings and allowing for secure transactions between Users.
Please read this Agreement carefully before accepting its terms. If you disagree with any part of these Terms, please do not use or register on the Site.
1. DEFINITIONS
For the purposes of this Agreement:
• Service Provider: All Sail LLC, a Delaware company providing an online boat rental marketplace.
• Boat: Any boat, yacht, or similar vessel listed on the Site for rental.
• Boat Owner: A registered member who lists a Boat on the Site for rental.
• Renter: Any registered member who makes a booking to rent a Boat.
• Booking: A confirmed reservation made by a Renter for a specific Boat.
• Full Payment: The entire rental fee payable at the time of booking, as listed by the Boat Owner.
• Site Content: All information, data, visuals, and content provided on the Site by All Sail LLC or Users.
• User Content: Any content that Users upload or share on the Site, including listing information, photos, and reviews.
• Listing: A post by a Boat Owner on the Site to make a Boat available for rental.
2. SCOPE AND ACCEPTANCE OF TERMS
All Sail LLC is a neutral platform connecting Boat Owners and Renters. All transactions, interactions, and agreements are solely between Boat Owners and Renters, and All Sail LLC is not a party to any rental contract or transaction. All Sail LLC provides no guarantee or warranty of the condition, legality, or availability of any Boat listed on the Site.
By registering or accessing the Site, you acknowledge that you have read, understood, and accepted the Terms, including any subsequent amendments, which All Sail LLC may make at its sole discretion. Continued use of the Site following updates to these Terms constitutes acceptance of the revised Terms.
3. ACCOUNT REGISTRATION AND AGE REQUIREMENT
To use certain features of the Site, including creating Listings and making Bookings, you must register for an account. Users must be at least 18 years of age to register. Each User agrees to provide accurate and complete information during registration and is responsible for maintaining the confidentiality of account information.
All Sail LLC reserves the right to suspend or terminate accounts if we have reason to believe that the information provided is inaccurate, fraudulent, or incomplete. Users are required to keep their contact information up to date, acknowledging that notifications sent to their registered email address are deemed received.
4. LISTINGS AND RESPONSIBILITIES OF BOAT OWNERS
Boat Owners are responsible for the accuracy of all information provided in their Listings. By listing a Boat on the Site, Boat Owners represent that they hold all rights, licenses, and permissions required to rent the Boat and that it complies with all applicable laws and regulations.
Boat Owners agree:
• To provide accurate information regarding the Boat’s specifications, amenities, pricing, and availability.
• To ensure that each Boat is insured and meets all legal requirements.
• That All Sail LLC may rank, display, or recommend Listings at its discretion, and that Owners waive any claim regarding ranking or visibility.
• That All Sail LLC is not liable for any discrepancies, inaccuracies, or loss of business due to errors in the Listing or platform functionality.
• To maintain a comprehensive insurance policy for each Boat, covering liability for potential damages, injuries, theft, and loss.
• To act as independent contractors, not employees or agents of All Sail LLC.
• Not to list the same Boat on multiple platforms without accurately updating availability on All Sail LLC to prevent double bookings.
5. BOOKINGS AND PAYMENT TERMS
All Sail LLC facilitates secure payment processing for all Bookings. All payments are made in full at the time of Booking, with the full amount transferred to the Boat Owner upon successful completion of the rental period.
Cancellation and Refund Policy
Once a Booking is confirmed and Full Payment is made:
• Bookings are non-refundable except as provided in these Terms.
• No refunds are available for no-shows or cancellations made after the permitted cancellation period.
• Boat Owners are solely responsible for handling cancellations and refunds directly with Renters.
• Force Majeure Exclusion: Cancellations due to force majeure events do not entitle the Renter to refunds or compensation beyond those expressly stated in the Booking and Cancellation policy.
Chargeback Recovery
In the event of any chargeback or payment reversal after funds have been transferred to a Boat Owner, the Boat Owner agrees to reimburse All Sail LLC the full amount of the chargeback within ten (10) business days of notice. All Sail LLC reserves the right to recover any chargeback amounts from future payouts or other monies due to the Boat Owner. Boat Owners agree to assist in providing necessary documentation or evidence to dispute any chargebacks effectively.
Boat Owners agree to indemnify and hold All Sail LLC harmless from any chargebacks, refunds, or payment reversals related to their Listings, including associated administrative fees, legal fees, and other costs.
6. DISCLAIMER OF LIABILITY FOR WEBSITE ERRORS
All Sail LLC provides the Site and Services “as is” and makes no warranties, expressed or implied, regarding the accuracy, reliability, or uninterrupted functionality of the platform. Boat Owners acknowledge and agree that All Sail LLC:
• Is not liable for any loss of business, income, or opportunities resulting from errors, outages, or other technical issues, including inaccuracies in the calendar, listing availability, or booking functionalities.
• Disclaims all liability for damages, direct or indirect, resulting from any malfunction, software errors, data loss, or system failures on the Site.
• Shall not be held liable for any lost revenue, booking cancellations, or disputes resulting from data breaches, cyberattacks, or unauthorized access to User accounts or data.
• Does not guarantee the accuracy or authenticity of reviews or ratings posted on the Site and is not liable for any claims, damages, or losses resulting from reliance on these reviews.
Boat Owners and Renters agree to waive any claims against All Sail LLC for losses or damages arising from any platform errors, inaccuracies, or interruptions.
7. CONDUCT AND USE OF THE SITE
Users agree to use the Site lawfully and refrain from:
• Posting or transmitting any false, misleading, or fraudulent information.
• Engaging in any conduct that disrupts or interferes with the Site’s operations.
• Attempting to access, damage, or alter any part of the Site or its underlying systems.
All Sail LLC reserves the right to monitor and take appropriate action, including suspension or termination, against accounts that violate these conduct standards.
8. USER CONTENT AND INTELLECTUAL PROPERTY RIGHTS
Users retain ownership of User Content but grant All Sail LLC a perpetual, worldwide, non-exclusive, royalty-free license to use, display, and distribute User Content on the Site. All Sail LLC holds intellectual property rights to the Site Content and technology and prohibits unauthorized copying, distribution, or modification of its content.
9. LIMITATION OF LIABILITY AND INDEMNITY
Limitation of Liability
All Sail LLC and its affiliates are not liable for:
• Any direct or indirect damages, including loss of business, revenue, or profit arising from the use of the Site.
• Personal injury, property damage, or financial loss due to transactions or interactions between Boat Owners and Renters.
• Any disputes, claims, or losses arising from the actions or omissions of Boat Owners, Renters, or any third parties.
Indemnity
Users agree to indemnify and hold harmless All Sail LLC, its officers, directors, employees, and agents from any claims, damages, or expenses, including legal fees, arising out of any breach of these Terms or any violation of applicable law.
10. DISCLAIMER OF THIRD-PARTY LIABILITY
All Sail LLC is not responsible for the actions, omissions, or negligence of Boat Owners, Renters, or any crew hired by either party. All Sail LLC expressly disclaims any liability for:
• Losses due to theft, assault, or injury involving a Boat’s crew, Renter, or guests.
• Damage or harm caused by the Renter or crew to the Boat or any third party.
• Actions by the Boat crew or other service providers.
11. LIMITATIONS ON LEGAL ACTION AND CLASS ACTION WAIVER
By accepting these Terms, Users agree to limit legal action against All Sail LLC. All disputes must be resolved under the laws of Delaware, USA, and Users agree to the exclusive jurisdiction of Delaware courts. Users waive any rights to pursue claims against All Sail LLC outside of these terms and agree to binding arbitration if All Sail LLC chooses it as a method of dispute resolution.
Any claim or cause of action arising out of or related to this Agreement or use of the Site must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Users also agree that disputes shall be resolved on an individual basis and waive any right to participate in a class, collective, or consolidated action against All Sail LLC.
12. FORCE MAJEURE
All Sail LLC is not liable for any delay or failure in performance due to events beyond its reasonable control, including but not limited to natural disasters, acts of terrorism, government orders, power outages, internet disruptions, or other force majeure events.
13. MODIFICATION AND TERMINATION OF SERVICES
All Sail LLC reserves the right to modify or discontinue any feature of the Site at its discretion, with or without notice. All Sail LLC is not liable for any loss or inconvenience caused by such changes. Users may terminate their accounts at any time but remain liable for any outstanding obligations under this Agreement.
14. TAX OBLIGATIONS
All Sail LLC is not responsible for collecting, reporting, or remitting any taxes related to transactions conducted on the Site. Boat Owners and Renters are solely responsible for determining and fulfilling their tax obligations, including income, sales, VAT, or other applicable taxes resulting from transactions facilitated through All Sail LLC.
15. NON-DISPARAGEMENT
Users agree not to make any statements, written or oral, that are intended to disparage All Sail LLC, its services, or its reputation in any public forum or to any third party. This provision does not restrict Users from providing truthful statements in legal proceedings or as otherwise required by law.
16. INSURANCE REQUIREMENTS
Boat Owners must carry comprehensive insurance for each Boat listed on the Site, including liability coverage for potential damages, injuries, theft, and loss. By listing a Boat on All Sail LLC, the Boat Owner represents and warrants that they have adequate insurance coverage and acknowledges that All Sail LLC shall not be liable for any uninsured losses or damages incurred during any rental period.
17. GOVERNING LANGUAGE
This Agreement is governed in English. Translations of this Agreement are provided for convenience only, and in the event of any conflict or discrepancy between the English version and a translated version, the English version shall prevail.
BY REGISTERING, ACCESSING, OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS AGREEMENT.