TERMS OF SERVICE
The following describes the terms under which “NBIC INC", "www.CorneliusPontoonRentals.com”, "we," "our," "Owner", or "us") provide the www.CorneliusPontoonRentals.com website (the "www.CorneliusPontoonRentals.com Service" or the "Service") to you.
1. Introduction -
› DMCA / Intellectual Property Policy
If you register on behalf of a business, you represent to www.CorneliusPontoonRentals.com that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business.
Changes and Modifications. www.CorneliusPontoonRentals.com reserve the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. As long as you comply with this Agreement, www.CorneliusPontoonRentals.com grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
Links to Other Sites. The Service may contain links to other affiliated or independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under www.CorneliusPontoonRentals.com control, and www.CorneliusPontoonRentals.com is not responsible for and does not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
2. Description of Services -
General Description: The www.CorneliusPontoonRentals.com Service allows you to reserve and rent all and any boats from www.CorneliusPontoonRentals.com.
3. Conditions of Use -
As a condition of use, you agree to the following:
› You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual's right to publicity or privacy.
› You will not use the Service to harass, threaten, impersonate, or intimidate anyone.
› You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
› You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
› You will not transmit any worms or viruses or any code of a destructive nature.
› You will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof.
› You will not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
› You will not use the Service for any illegal or unauthorized purpose. If you are an international visitor, you agree to comply with all local laws regarding online conduct and acceptable content
4. Content - Renter /Operator must be at least 26 years of age and agrees to abide by the following boat safety rules:
Will watch all safety videos
Will wear a life jacket. They float, you don’t.
Will know the water and environment you will be boating in.
Will keep a good lookout while underway.
Will shut your engines off when people are in the water near your boat.
Will observe the nautical rules of the road.
Will check the weather forecast before getting underway.
Will keep pontoon balanced with proper trimming of engine.
Will wear boat shoes or rubber soles for footwear, and understand that this is a NON-Smoking Watercraft
Will not bring on board any sharp objects - IE high heels, knives, razor blades
Will not overload your boat.
Will not tie or connect pontoon to another watercraft.
Will not stand in pontoon while in operation.
Will never ever drink and drive any alcoholic beverages
Will never leave ladder down when boat is in motion
Will not sit on the gunwale, bow, seat backs, or any place not designed for passengers.
WillI will not allow any other person to operate the watercraft unless confirmed with NBIC, INC.
I will only operate the watercraft in designated safe areas.
I will not allow additional passengers on the watercraft unless expressly permitted by NBIC, INC in
writing prior to use and such additional passenger signs the rental forms.
I, (The Renter) will act the minor's parent or legal guardian, or responsible other and understand the nature of boating activities and the minor's (under 18 years of age) experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby release, discharge, covenant not to sue, and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releases from all liability, claims, losses, or damages on the minor's account caused or alleged to be caused in whole or in part by the negligence, of the Releases or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or anyone on the minor's behalf makes a claim against any of the above Releases, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any may incur as a result of any such claim.
Pontoon Payments, Security, Refunds, and Cancellation Policy -
Pontoon Payments - All payments will be charged to the renters credit card, which will be secure and kept on file.
Security Deposit is required - Security Deposit of $350.00 will be charged, and will keep your credit/debit card on file in case any issues arise that were created from the renter. All renters are responsible for any missing items and or damages of pontoon. An inspection sheet will be provided before and after the rental period. If there are no missing items and no damages, the renter's credit card security of $350.00 will be refunded. All credit/debit card charges if any will be fairly evaluated and charged accordingly. Security deposit of $350.00 and or more may be charged to renters credit/debit card should any issues exceed the $350.00.
Refunds/ Cancellation Policy - If the client cancels the booking within 3 calendar days of the trip date, owner agrees to a refund of 100% of the total price. If the Client cancels the booking within 2 calendar days of the trip date, owner agrees to a refund of 50% of the total booking price. If the Client cancels the booking same day of the trip date, there will not be NO refund of the total booking price.
Early Returns - No refunds are provided for early returns on any reserved bookings.
NOTE: In the event the vessel is out of service due to mechanical issues or owner determines the weather is unsatisfactory and/or unsafe (in his/her sole discretion), the client may receive a full refund with no penalty or may choose reschedule the trip.
6. DMCA / Intellectual Property -
If you believe that www.CorneliusPontoonRentals.com, or any consumer using the. a copyright, trademark right, or any other intellectual property right you claim in your work, please contact us pursuant to the Digital Millennium Copyright Act ("DMCA") and our Intellectual Property Policy at www.CorneliusPontoonRentals.com review our DMCA / Intellectual Property Policy for more details on how to properly notify us of an intellectual property issue.
7. Cornelius Pontoon Rentals Intellectual Property -
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, "www.CorneliusPontoonRentals.com Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such www.CorneliusPontoonRentals.com Content, contained in the Service is owned, controlled, or licensed by or to www.CorneliusPontoonRentals.com, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property and other rights. Your User Content (as defined above) is owned by you, and is not www.CorneliusPontoonRentals.com content. Except as expressly provided in this Agreement or otherwise permitted by law, no www.CorneliusPontoonRentals.com Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without the www.CorneliusPontoonRentals.com express prior written consent. For the avoidance of doubt, and without limiting the foregoing, you retain ownership in any trademarks, logos, trade dress or other design elements owned by you which you apply to goods purchased through the www.laserrheattransfers.com service.
8. Violation of this Agreement - Termination -
You agree that www.CorneliusPontoonRentals.com may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if it determines that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service. Please note that it is www.CorneliusPontoonRentals.com policy to terminate the account of members who repeatedly violate the copyrights, trademark rights, or other intellectual property rights of third parties. If www.CorneliusPontoonRentals.com does take any legal action against you as a result of your violation of this Agreement, www.CorneliusPontoonRentals.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to www.CorneliusPontoonRentals.com. You agree that www.CorneliusPontoonRentals.com will not be liable to you or to any third party for termination of your access to the Service.
9. Disclaimer of Warranties -
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AND ANY GOOD OR SERVICE ORDERED THROUGH THE SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. www.CorneliusPontoonRentals.com AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (www.CorneliusPontoonRentals.com) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. www.CorneliusPontoonRentals.com AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED. ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE www.CorneliusPontoonRentals.com WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
10. Limitation of Liability -
YOU EXPRESSLY UNDERSTAND AND AGREE THAT www.CorneliusPontoonRentals.com AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT www.CorneliusPontoonRentals.com MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY USER CONTENT MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOU SPECIFICALLY ACKNOWLEDGE THAT www.CorneliusPontoonRentals.com AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE INFRINGING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. (e) RENTER HEREBY AGREES TO RETURN THE BOAT, MOTOR AND ALL EQUIPMENT TO OWNER @ SAILPOINTE AT LAKE NORMAN AT 21222 NAUTIQUE BLVD CORNELIUS, NC 28031 - SLIP A9. IT IS ALSO UNDERSTOOD CLEARLY THAT I THE RENTER AM RESPONSIBLE FOR ANY MISSING EQUIPMENT AND OR DAMAGES CAUSED TO THE BOAT DURNING MY THE RENTAL PERIOD. I WILL AS WELL PAY FOR ANY DAMAGES AND OR MISSING EQUIPMENT THAT WAS NOT ON THE CHECK/IN CHECK/OUT FORM PRIOR TO LEAVING SLIP.
11. Exclusions and Limitations -
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, www.CorneliusPontoonRentals.com AND ANY
www.CorneliusPontoonRentals.com AFFILIATES' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Indemnification -
You will defend, indemnify, and hold www.CorneliusPontoonRentals.com and/or the www.CorneliusPontoonRentals.com harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by www.CorneliusPontoonRentals.com and/or the www.CorneliusPontoonRentals.com Affiliates in connection with any claim arising out of your breach of the Agreement. www.CorneliusPontoonRentals.com reserves the right, but has no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
13. General Terms -
Entire Agreement. This Agreement is the whole legal agreement between you and www.CorneliusPontoonRentals.com. It governs your use of the Service and completely replaces any prior agreements between you and www.CorneliusPontoonRentals.com with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other services from www.CorneliusPontoonRentals.comand affiliated services. Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of North Carolina without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State and Federal courts in Mecklenburg County, North Carolina, and waive any objection to such
Non-personal identification information -
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies -
• To improve customer service
Your information helps us to more effectively respond to your customer service requests & support needs.
• To personalize User experience we may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
• To improve our Site We continually strive to improve our website offerings based on the information and feedback we receive from you.
• To process transactions
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide service.
• To administer a content, promotion, survey or other Site feature
To send Users information about topics we think will be of interest to them, such as monthly mailers, or additional follow up for future business.
• To send periodic emails
• To send reminder emails
The email address Users provide for order processing, will be used to send them information and updates pertaining to their order. It will also be used to respond to their inquiries, and/or other requests or questions. Every User is deciding to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we allow Users to unsubscribe at the bottom of each mailer or User may contact us via our Site.
How we protect your information?
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information -
We do not sell, trade, or rent Users' personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and Users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you are giving us your permission when you sign up or order with us.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site.
Contacting us -
Contact us at: info@CorneliusPontoonRentals.com