Aquaos, LLC. ("Aquaos") has written these Terms of Service in order for its customers to understand the rules and regulations that will govern our relationship together. These Terms of Service are a legally binding contract and if you do not wish to continue, then do not proceed. Thank you.
Aquaos will periodically make changes including but not limited to additions, changes, revision or deletions regarding its Terms of Service. When changes are made Aquaos may attempt to notify you. However, it is your responsibility to periodically review the Terms of Service as you agree to be bound by these revisions and modifications. Aquaos may, in its sole discretion at any time modify, revise, alter, change or amend these Terms of Service.
No person under eighteen (18) years of age can create an account through the Aquaos platform. Moreover, Aquaos may offer other additional services that may even require you to be older. If so, Aquaos reserves the right to include additional terms that may have to be agreed to and accepted. When creating an account with Aquaos you are certifying that you are at least eighteen (18) years of age. If you are found to be in violation of the age requirement, Aquaos reserves the right to delete your account and/or prevent you from using the Aquaos platform in the future and/or do what it deems necessary to rectify the situation.
When you agree to become an Owner and use the Aquaos platform to facilitate and communicate with Renters, you agree to and must not circumvent the platform for your own benefit. If you are found to be in violation of this provision Aquaos reserves the right to cancel your account and/or charge a fee of up to five thousand dollars ($5,000.00) which may be collected through future rentals or other legal means.
READ AND REVIEW THE FOLLOWING PARAGRAPHS REGARDING ARBITRATION. BOTH PARTIES AGREE TO RESOLVE DISPUTES USING A BINDING ARBITRATON PROCESS.
You and Aquaos agree that any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof or your access to or use of the Aquaos platform at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Aquaos, and not in a court of law.
You acknowledge and agree that you and Aquaos are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Aquaos otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Aquaos each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA") and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Tennessee.
Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the Rules. However, if your claim for damages does not exceed $7,500.00, Aquaos will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
The Arbitrator will render an award within the time frame specified in the Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Aquaos will seek under applicable law to recover, attorneys' fees and expenses if Aquaos prevails in arbitration.
Once you become a registered Member of the Aquaos platform you are able to start creating listings for your Watercraft. Renters on the platform can then search and request a booking of your Watercraft. Owners who list their Watercraft understand and agree that these listings will be made available to the public. Listing information will include but will not be limited to the type of Watercraft, the size of the Watercraft, the location, etc. When the renter requests a booking the price is then set as is. Prices may only be changed by contacting Aquaos directly.
As a Member of the Aquaos platform, you may create Listings. You will be asked a variety of questions about the Boat to be listed, including, but not limited to, the value, location, size, features, availability of the Boat, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Services. Other Members will be able to book your Boat via the Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Boat, the price for such booking may not be altered without contacting customer service (contact@Aquaos.com).
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, a Boat in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Boat included in a Listing you post, including, but not limited to, insurance requirements, coast guard regulations, zoning laws, marina regulations, and laws governing rentals and operation of Boats and (b) not conflict with the rights of third parties. Please note that Aquaos assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations. Aquaos reserves the right, at any time and without prior notice, but without obligation to do so, to remove or disable access to any Listing for any reason, including Listings that Aquaos, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
You understand and agree that Aquaos does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your Boat and uses your Boat, any agreement you enter into with such Renter is between you and the Renter and Aquaos is not a party thereto. Notwithstanding the foregoing, Aquaos serves as the limited authorized payment agent of the Owner for the sole purpose of accepting payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Boat, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Boat. Any Member wishing to book Boats included in Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information.
If you are an Owner, Aquaos makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking your Boat. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.
When you become a member of the Aquaos community you have the opportunity to partner with us using our referral platform. This is a great opportunity to provide yourself with residual income for a lifetime as Aquaos has all intentions of paying the referral fee indefinitely. Members can refer other people to the Aquaos platform to become a member of the Aquaos community and to list their Watercraft for rentals. If a referred member successfully books a Watercraft you will be paid 5% for every one of their bookings that are deemed qualifying referrals. Each fee will be paid out…… Aquaos reserves the right to amend, change, alter or modify the percentage paid for refererral fees if the referral model becomes non-sustainable without prior consent or notice to its Members.
Aquaos has all intentions of being able to pay 5% for life. If model becomes unsustainable Aquaos reserves the right to lowere the referral income.
In no instance will Aquaos be held liable to you for any incidental, special, exemplary, punitive, consequential or indirect damages arising out of or in connection with the Aquaos platform, however arising, including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. The Aquaos platform shall be used by owners and renters to list and/or request rentals of Watercraft, goods or other services provided by the Aquaos platform. However, you and Aquaos agree that Aquaos will bear no responsibility or liablity to you regarding any Watercraft rentals/listing or services provided by Aquaos. Users of the Aquaos platform acknowledge and agree that the entire risk arising out of your access to and use of the Aquaos platform remains with you. Certain jurisdictions may not allow the exclusion or limitation of certain types of damages. In this instance those laws may not apply to you.
Aquaos reserves the right to transfer this legally binding contract freely, without any restrictions or notice given to the Renter. Renters are not able to assign this contract or these Terms without the prior written consent of Aquaos. Any transfer made by a renter shall be considered null and void. Subject to the foregoing, this Contract and these terms of service will bind and inure benefit of the parties, their successors and permitted assigns.
For any notices Aquaos is required to provide in they will do so by one of the following methods:
For email communications one is deemed to have received the electronic communication on the date it is transmitted.
By using the Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Tennessee, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Aquaos.
You and we agree to submit to the personal jurisdiction of a state court located in Davidson County, Nashville, Tennessee or a United States District Court, Middle District of Tennessee located in Nashville, Tennessee for any actions for which the parties seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
The failure of Aquaos to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Aquaos. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.