PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS APP OR SITE CAREFULLY. BY ACCESSING, BROWSING OR OTHERWISE USING THIS APP OR SITE YOU, THE INDIVIDUAL USER OF THIS APP OR SITE HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, WITHOUT LIMITATION OR QUALIFICATION, AND FURTHER ACKNOWLEDGE THAT YOU HAVE THE AUTHORITY AND DO HEREBY LEGALLY BIND THE BUSINESS ENTITY, IF ANY, TO WHICH YOU SERVE AS AGENT, INDEPENDENT CONTRACTOR OR EMPLOYEE THEREOF TO THE SAME TERMS, WITHOUT LIMITATION OR QUALIFICATION. THESE TERMS SHALL TAKE EFFECT IMMEDIATELY ON YOUR FIRST USE OF THE APP OR SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT PROCEED ANY FURTHER AND DO NOT USE THIS APP OR SITE.

We reserve the right to modify these Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By using this App or Site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this app or site. These Terms do not apply to any App or Site owned and/or operated by or on behalf of any third party even if we provide a link to on one of our apps or sites. Please refer to the terms of use of any such third-party Apps or Sites for information regarding the terms and conditions of your use of such Apps or Sites.

1. GENERAL

The terms “we,” “us,” and “our” refer to Boat Mobile, LLC. and its subsidiaries and affiliates (collectively, “Boat Mobile”). The term “Products or Services” refers to our marketplace app (or site) for boaters, marinas, and any other locations with boat access, provided pursuant to these terms and conditions (“Terms and Conditions”). The terms “you” and “yours” refer to the individual or company registering for or using the Products or Services offered by us in this app or site.

2. SCOPE OF TERMS AND CONDITIONS

2.1 These Terms and Conditions apply to your use of all apps or sites and Products or Services owned or operated by Boat Anchor, LLC. (“Boat Mobile”) (“we” and “us”), for the benefit of users in the United States of America (“USA”) and any other App or Site that we may own or operate in the future (collectively, the “App or Site”). Unless we say otherwise, all references to the App or Site in these Terms and Conditions include all such apps or sites. Please note that this App or Site is intended for use in the USA only and these Terms and Conditions apply only to use in the USA. Boat Mobile agrees to provide the Products or Services that you register for through this App or Site. You agree to perform the obligations set forth in these Terms and Conditions that are required to allow Boat Mobile to deliver the Products or Services.

2.2 The contents of this App or Site are protected by national and international copyright and trademark laws and are the property of Boat Mobile. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the App or site. 

All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively “Marks”), whether explicitly marked or not, used on this App or Site are owned by Boat Mobile, its subsidiaries, affiliated companies or joint partners, or user under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws. You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or other use any information, content or Marks provided on this App or Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of Boat Mobile. You may, however, copy, print or otherwise use the information, content or Marks provided on this App or Site provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any Products or Services, product, brands or affiliates through the use of any information or content. Other use of any information, contents or Marks except as specifically Product or Services in these Terms or in a written instrument signed by Boat Mobile is strictly prohibited. You may not change or delete any author credit, trademark, Mark, legend, proprietary or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the App or site.

Nothing contained in this App or Site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Boat Mobile or any third party.

You are not Product or Services to create a hyperlink to any page or portion of this App or Site or frame any page of portion of this App or Site without the prior written permission of Boat Mobile.

2.3 Boat Mobile hereby grants you a non-exclusive, non-transferable, limited right to access and use the App or Site and the Products or Services for your own personal or your internal commercial use only. You agree not to interrupt, or attempt to interrupt, the operation of the App or Site in any way. We reserve the right to restrict your access to part or all of the App or Site (including any password protected areas) at any time without notice or liability.

2.4 These Terms expressly include any and all additional terms and conditions that are set forth in any of the Apps or Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions listings. To the extent any of these Terms conflict with any terms and conditions set forth in any of the Apps or Sites, the terms and conditions set forth in the Apps or Sites shall control with respect to the particular App or Site to which the terms and conditions are posted.

If applicable, you agree to honor and abide by the terms and conditions of any docking facilities or transportation boats that you may access as a result of any purchases made through any of our Apps or Sites.

3. YOUR USE OF THE BOAT MOBILE PRODUCTS OR SERVICES

3.1 You are responsible for providing Boat Mobile with the correct information about you when you register for the Boat Mobile Service. Required details may include, without limitation, your name, address, boat registration number, mobile telephone number, business details (if relevant), email address and method of payment details. Account details may be updated within the Personal Pages for the users account within the Boat Mobile app or site, or via the mobile applications. Additionally, changes may be made by contacting Boat Mobile’s Helpdesk during regular business hours at improveapp@mobileanchor.us or via our app’s Improve App feature. You are responsible for keeping your password and login information for our App or Site secret so that only you can access your account’s personal pages on our app or site. Until you notify us of an unauthorized use of your Personal Pages, we will continue to bill you for the Products or Services.

3.2 You activate the Products or Services by using the Boat Mobile app on your smart phone device or using the Boat Mobile site (https://boatmobileapp.com/) when you park your boat in a designated docking space.

3.3 You are responsible for correctly entering the relevant docking zone number (if applicable), which is indicated on the docking meters or signs nearest to the relevant docking space, as well as the boat registration number of the boat you are docking. Additionally, where applicable, you are responsible for correctly entering your docking space number. The docking zone number informs us of the rate to charge you for your docking and of any time restrictions on the amount of time you are Product or Services to park your boat in that zone. Note that use of the Products or Services does not guarantee you a docking space. You only activate the Products or Services after you have found an available space. To correctly activate the Products or Services when you have docked, you must input the necessary details required to activate your docking session.

3.4 All notices and signs or directions made by relevant government authorities, traffic attendants or authorized persons (e.g., the suspension of a docking space) shall take precedence over any information that you receive from Boat Mobile. The marina or location with boat access regulations apply to you and your use of the Products or Services does not exempt you from following their rules. Docking rates can be changed by the marina or location with boat access at any time. Increases or modifications to docking fees are beyond Boat Mobile’s control. We pass the fees through to you and we are not responsible for any fee increases.

3.5 You are responsible for ensuring that you have properly activated the Products or Services for the relevant docking zone before you leave your boat unattended. You are responsible for any fine, ticket or penalty charge issued between the time of docking the boat and the notification via mobile telephone or internet that the boat is validly docked. In docking locations that allow for early deactivation of your docking session, it is your responsibility to deactivate your docking session (i.e., before you leave the docking facility).

3.6 Boat Mobile is not responsible for any fines, docking tickets, penalty notices and the enforcement of boat docking related offenses you incure or receive. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding the issuance of fines, docking tickets, penalty notices or your boat being impounded. If you authorize Boat Mobile to contact the relevant authorities on your behalf regarding the issuance of fines, docking tickets or penalty notices, you acknowledge and agree that in such cases, Boat Mobile may provide all or a portion of your personal details to the relevant authorities. In addition, in the event that you fail to pay any amounts owing for the Products or Services (whether due to a declined credit card or other circumstances), then Boat Mobile, upon the reasonable request of the relevant authorities, may provide all or a portion of your personal details to such authorities, which you acknowledge and agree that they may use solely for purposes of collecting or attempting to collect any unpaid amounts owed by you. Notwithstanding the foregoing, in no event shall Boat Mobile provide any of your credit card data to the relevant authorities in connection with such collection matters.

3.7 We attempt to be as accurate as possible when describing our Products or Services, however, we do not warrant that the service descriptions are complete, reliable, current or error-free. If a service offered on the App or Site is not as described, your sole remedy is to cancel the Products or Services.

4. PRODUCTS OR SERVICES AND PAYMENTS *

4.1 Purchase Policy

We provide Boaters with opportunities to purchase Products or Services from our Vendors, such as venues, teams, theaters, event organizers and docking facility owners. Our Vendors, not Boat Mobile, set prices, maintain the docking space inventory or boat capacities, as applicable. Policies set forth by our Vendors prohibit us from issuing exchanges or refunds after a purchase has been made or to replace lost, stolen, damaged or destroyed Products or Services. Our goal is to make your purchasing experience easy, efficient and equitable, so we can get you on your way as quickly as possible. This purchase policy is designed to ensure

your satisfaction and understanding of the purchase process on our Apps or Sites. If you have any questions about the information contained herein, please contact us.

4.2 Payment Methods

Via PayPal we accept several methods of payment to accommodate your needs, including Visa, MasterCard and American Express.

4.3 Payment Processing Fees and Service Fees

Products or Services purchased on our Apps or Sites may be subject to service fee(s) and a non-refundable per order payment processing fee.

4.4 Aggregate Payments

Boat Mobile may choose to aggregate transactions under the rules set forth by PayPal for small transactions. Aggregation means your transactions may be grouped and submitted together rather than processed individually. Any additional funds not used to complete your transaction will be released. Details of all your transactions are available in our app.

4.5 International Use

Boat Mobile makes no representation that materials on this App or Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this App or Site from other locations do so on their own initiative and are responsible for compliance with local laws.

4.6 Cancelled Services

Occasionally, Services are cancelled or postponed by our Vendors due to weather conditions or situations affecting staff or Boaters. When this occurs, our Vendors will make every effort to ensure you receive a prompt refund of the Service price and associated service fees within bounds of the Vendor’s Terms of Service (the per order payment processing fee. Handling Fee, or Partner Fee is not refundable) if applicable. If a Service is cancelled, please contact us for information on receiving a refund from one of our Vendors. If the event was moved or rescheduled, Vendors may set refund limitations. Contact us for exact instructions. Please make sure to provide your Boat Mobile Order ID number so we can expedite your refund if applicable.

4.7 Refunds and Exchanges

Before purchasing Products or Services, carefully review your event details, such as date and time. Policies set forth by our Vendors prohibit Boat Mobile from issuing exchanges or refunds after a Product or Service has been purchased or for lost, stolen damaged or destroyed Products or Services. If, however, you are turned away from a marina or location with boat access associated with Boat Mobile, while in possession of a valid Product or Service for any reason, but for your error or your failure to follow and abide by the applicable rules and regulations, please contact us. We will make every effort to work with our Vendors to refund to you the Product or Service price less the non-refundable payment processing fees.

4.8 Delivery of Products or Services

Orders are processed only after a billing address has been verified. Occasionally, we receive incorrect billing or credit card account information for a Product or Service order that can delay processing and delivery. In these cases, customer service will attempt to contact you, using the information provided at the time of attempted purchase. If we are unable to reach you, Boat Mobile may cancel your order and may sell your Product or Service(s) to another customers.

4.9 Standard Mail or Federal Express Delivery

Please allow enough time for the delivery of your Product or Service order. If you have selected delivery by United States Postal Service standard mail, please allow 7-10 business days after your order is placed to receive your Product or Service. Products or Services sent via USPS ca be sent only to the verified billing address within the U.S. or Canada. FedEx packages are sent only to the verified billing address in the U.S. and cannot be sent to Canada or to any other country. If you selected FedEx, please allow at least three (3) business days for delivery. These are approximate times, and Boat Mobile is not responsible for deliveries that take longer. If you have not received your Product or Service(s), please contact us.

4.10 Number of Products or Services Per Customers

When purchasing Products or Services on the App or site, you are limited to a specified number of Products or Services. This amount is verified with every transaction. This policy is in effect to discourage unfair Product or Service buying practices. All orders are tracked by name, address and order number. Customer orders for more than the stated limit will be void and charges will be non-refundable.

4.11 User Contributions to the App or Site

There may be opportunities for you to contribute to the App or site. These may include among others, uploading your user profile, participating in chats, etc. which collectively, we call “Content”. Boat Mobile is not liable or responsible for any Content provided by its users or other third parties to the App or Site (“User Content”). The contributions of third parties do not necessarily represent the view or opinions of Boat Mobile. Boat Mobile cannot preview User Content before it appears. You can be held liable for any illegal or prohibited User Content you provide to the App or site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the App or site, please notify us at improveapp@boatmobile.us. We will investigate your claim and may then take the actions deemed appropriate.

5. COMPLIANCE AND OWNERSHIP OF BOAT MOBILE APP OR SITE

5.1 You are responsible for your own continuous compliance with these Terms and Conditions and other guidelines released by us from time to time. You shall not engage in activities prohibited by us, including, without limitation: (a) intentionally accessing data not intended for your use; (b) attempting to breach security or authentication measures without proper authorization, or interfere with this App or Site and any Products or Services offered on the App or Site; (c) taking any action to obtain Products or Services to which you are not entitled; or (d) assisting any persons in engaging in any of the activities described above.

5.2 We own and shall retain all rights and interest in the intellectual property rights in the App or Site content, Products or Services, and our proprietary information, which includes without limitation, all software, source and object code, specifications, metrics, customizations, designs, processes, techniques, concepts, improvements, discoveries and inventions, including, without limitation, any modifications, improvements or derivative works thereof and all works of authorship or inventions created, invented, reduced to practice or delivered by us or any third party either solely or jointly with others, arising from these Terms and Conditions, including all copies and portions thereto, whether made by or under the direction of us or you.

6. SMS MESSAGES, MOBILE APPLICATION PUSH AND EMAIL NOTIFICATIONS

6.1 As part of the Products or Services, Boat Mobile may send reminders, alerts (further referred to as ‘notifications’), or critical service-related notifications via SMS text message, (“Mobile application”) push or email to its users, and you acknowledge and consent to the receipt of such messages. Boat Mobile may use one or more of the following carriers for SMS message delivery: Cellular One Dobson, Centennial Cellular Corp, Sprint, Verizon Wireless, RCC – Unicel, Virgin Mobile USA, Boost, T-Mobile, Cincinnati Bell, AT&T, ALLTEL, and U.S. Cellular.

6.2 You may set up SMS text message, push or email notifications via your Personal Pages By agreeing to these Terms and Conditions, you certify that you are the account holder of the mobile phone number provided to Boat Mobile or that you have the account holder’s express permission to use the specified phone to receive text messages about your account from Boat Mobile.

6.3 With each docking session, you may receive standard SMS messages, push or emails relating to your docking session or Boat Mobile service communications. Message and data rates may apply.

6.4 You acknowledge and agree that the reception of SMS messages, push and emails is not 100% guaranteed and that you are responsible for the timely activation or deactivation of a docking transaction. You further acknowledge and agree that the reception of SMS messages, push and emails is dependent on the operation of your mobile phone provider and/or internet service provider and the service of the mobile phone company and/or internet service provider with which you have an account or prepaid card. Boat Mobile shall have no responsibility or liability for the damages and costs incurred by your not receiving an SMS message, push or email on time or by the insufficient operation of your mobile network, mobile phone company and/or internet service provider.

6.5You may opt out of receiving SMS text messages, push or email notifications at any time. Opting out of SMS, email or push notifications can be completed within the Boat Mobile app or site. (In the case of Push notifications, the user must choose to stop receiving within their mobile phone). To stop the messages from coming to your phone, you may opt out by emailing us at improveapp@boatmobile.us or via the Improve App feature in the app.

7. FEES

7.1You agree to pay all fees for Products or Services provided to you pursuant to these Terms and Conditions.

7.2 Boat Mobile shall process the docking fee and other Products or Services by charging you via PayPal account at the time of your transaction. You must have a valid credit, or debit card, or PayPal account, or suspension of Products or Services may occur. If your credit card or debit card is declined your Boat Mobile account may be blocked or terminated. Additionally, Boat Mobile reserves the right to transfer the claims for unpaid docking fees to third parties.

7.3 A history of your transactions, indicating the locations, times and costs is accessible by you from this app or site. Alternatively, if you wish to receive an invoice by mail, you may request one from us, and we will provide you with one, subject to a processing fee.

7.4 If in good faith you dispute any amount billed to you, you must provide us written notice of the dispute, and the applicable docking authority, if any, within thirty (30) days of receipt of such invoice. You agree to pay any undisputed portion of such invoice when due. Your failure to comply with this procedure shall constitute your approval of such amounts billed to you. You will reimburse us for all costs of collection, including reasonable attorneys’; fees. You will pay interest on all amounts not paid when due at the rate of 1.5% per month, or the highest lawful rate, whichever is less.

8. MEMBERSHIP

This app or site does not require membership fees. Registration is completely free.

9. TERMINATION AND REMEDIES

9.1 Without limiting other rights or remedies set forth in these Terms and Conditions or as otherwise available by law or in equity, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to this App or Site and the Products or Services, in whole or in part: (a) if you breach these Terms and Conditions; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe, in our sole discretion, that your actions may cause legal liability for you, other users, us or third parties.

9.2 *For the avoidance of doubt, we may cancel your Product or Service order or exercise any other remedy available and remove unauthorized User Content, if we believe that the User Content you provided has violated or is inconsistent with these Terms or violated the rights of Boat Mobile, another User, or the law. You agree that monetary damages may not provide a sufficient remedy to Boat Mobile for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Boat Mobile may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Boat Mobile is not required to provide any refund to you if you are terminated as a User because you have violated these Terms. Boat Mobile is not responsible for the products, Products or Services, actions or failure to act of any venue, performer, promotor or other third party in connection with or reference don the App or site. Without limiting the foregoing, you may report the misconduct of user and/or third party advertisers, service and/or product providers referenced on or included in the App or Site to Boat Mobile at improveapp@boatmobile.us. We may investigate the claim and take appropriate action, in its sole discretion.

10. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY

10.1 YOU USE THIS APP OR SITE AND THE PRODUCTS OR SERVICES OFFERED ON THIE APP OR SITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND PRODUCTS OR SERVICES OFFERED THROUGH THIS APP OR SITE, INCLUDING CONTENT PROVIDED BY THIRD PARTY ADVERTISERS AND SPONSORS AND PRODUCTS OR SERVICES FOR THIRD PARTY VENUES AND FACILITIES, ON THIS APP OR SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, TITLE OR NON-INFRINGEMENT.

IN NO EVENT WILL BOAT MOBILE, ITS SUBSIDIARIES, DIVISIONS, AFFILIATED COMPANIES, JOINT VENTURES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS APP OR SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THIS APP OR SITE, OR ANY OTHER HYPERLINKED APP OR SITE INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR HANDLING SYSTEM OR OTHERWISE ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THIS APP OR SITE OR THE INFORMATION, CONTENT DOCUMENTS OR SOFTWARE THEREOF, EVEN IF BOAT MOBILE, ITS SUBSIDIARIES, DIVISIONS, AFFILIATED COMPANIES, JOINT PARTNERS, OFFERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST BOAT MOBILE IS TO DISCONTINUE USE OF THIS APP OR SITE AND ANY HYPERLINKED APPS OR SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND PRODUCTS OR SERVICES OFFERED ON THIS APP OR SITE AND ANY HYPERLINKED APPS OR SITES.

10.2 For the avoidance of doubt, the Apps or Sites may not be used by our visitors for any commercial purposes such as to conduct sales of Products or Services, event tickets, merchandise or Products or Services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other Apps or Sites for the purposes of selling Products or Services of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the App or Site and barring such violators from use of the App or site. We reserve the right to block access to or cancel a Product or Service order for any user known or reasonably believed to be associated with any Product or Service broker or scalper or utilizing automated means to process or place Product or Service orders, or whose Product or Service order exceeds the stated limit.

10.3 Boat Mobile is not responsible for any loss or damage that you may suffer as a result of you not using the Products or Services correctly or if you fail to comply with these Terms and Conditions or any other instructions given to you by Boat Mobile.

11. INDEMNIFICATION

You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our respective officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in these Terms and Conditions; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling or advertising goods or Products or Services on this app or site; and (vi) your use of this App or Site or the products or Products or Services of Boat Mobile or any third party.

12. GOVERNING LAW; JURISDICTION AND VENUE

12.1 These Terms and Conditions shall be governed and interpreted in accordance with the laws of the State of Maryland without regard to its conflicts of laws principles. Contracts shall not apply to or govern these Terms and Conditions. You consent to the exclusive jurisdiction and venue of the state and federal courts in Maryland, U.S.A., and you irrevocably commit to the jurisdiction and venue of said courts and waive any right to object thereto. The parties further agree that these Terms and Conditions shall be deemed to have been entered, executed and performed for all purposes within the State of Maryland.

12.2 We intend for this App or Site to be used by adults only and individuals or companies that can form legally binding contracts under applicable law. This App or Site and Products or Services should not be used by minors. If you do not qualify, you are not to use this App or Site and you do not have our consent to do so.

12.3 Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with this App or Site or to have otherwise violated these Terms and Conditions.

12.4 The App or Site may contain links and pointers to other Apps or Sites on the Internet that may be maintained by third parties. Such links are not controlled by Boat Mobile and do not constitute an endorsement by Boat Mobile or its affiliates. Boat Mobile and its affiliates do not control, and are not responsible for, the availability, accuracy, or currency of such third-party Apps or Sites or any information, content, Products or Services accessible from such third-party Apps or Sites. Once you leave the Boat Mobile App or Site and go to another app or site, be aware that those Apps or Sites may have terms and conditions that differ from the provisions provided herein. Boat Mobile recommends that you review the privacy policy and terms and conditions of those Apps or Sites prior to use. Boat Mobile is not responsible for, and expressly disclaims any and all liability related to actions of such linked Apps or Sites, their terms and conditions or the content of such Apps or Sites.

13. MISCELLANEOUS

13.1 Privacy. Our current Privacy Policy is available on this App or Site and is incorporated in these Terms and Conditions by reference. We may change our Privacy Policy from time to time, as stated therein. Please see our Privacy Policy by clicking here.

13.2 Miscellaneous. You warrant to Boat Mobile that you will not attempt to gain unauthorized access to any Products or Services offered by Boat Mobile or computer systems or networks connected to any Boat Mobile server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Boat Mobile. When using the App or Site you agree not to pretend to be someone else or spoof their identity.

By using this App or site, you further agree that you will not use this App or Site or any materials available thereon for any unlawful activity or use it in any way that would violate any of these Terms. If any provision of these Terms and Conditions are found unlawful, void or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions are the entire agreement between you and us relating to the subject matter hereof. These Terms and Conditions may be modified only by our posting of changes to these Terms and Conditions, or by a writing signed by both parties. Any inquiries concerning these Terms and Conditions should be directed to improveapp@boatmobile.us